Hip-hop legend Pras Michel, known for his stint with the iconic group Fugees, has made a groundbreaking legal move.
He has called for a new trial, asserting that his defense attorneys leaned on artificial intelligence during his critical trial phases. According to Michel’s new defense team from D.C.-based ArentFox Schiff, this alleged reliance on AI equated to ineffective assistance, disadvantaging the musician.
Pras Michel of the Fugees argues "his attorneys allegedly relied on artificial intelligence to compile their final argument for the jury" which he claims led to ineffective assistance of counsel. https://t.co/Xq97teDfVw
— Colin S. Levy (@Clevy_Law) October 17, 2023
Former attorney David Kenner is at the heart of this controversy. It’s claimed he used an experimental AI program to draft the closing argument for Michel’s trial. Not only did he allegedly trust AI to make pivotal decisions, but he also supposedly had a financial interest in the software itself. This revelation raises serious questions about the ethics of blending emerging technology with traditional legal defense strategies.
The aftermath and revelations
Adding fuel to the fire, Michel’s prior publicist disclosed that Kenner remarked at the trial’s conclusion, “AI wrote our closing.” This statement has caused a stir in the legal community and raises concerns about the authenticity and validity of AI-driven defense strategies.
Furthermore, a company named Eyelevel seemingly confirmed the use of their generative AI tool in Michel’s trial. While the technology was lauded as a “game changer for complex litigation,” it didn’t prevent Michel’s swift conviction on all 10 felony charges.
A dive into AI in the legal realm
While Michel’s case might be among the first to draw major attention, it’s not isolated. A report from Thomson Reuters highlights how generative AI, capable of creating new content from user prompts, has found favor with legal professionals. A significant 82% believe that generative AI can streamline legal work.
However, a key distinction exists between automation and augmentation. Andrew Fletcher, Director of AI Strategy & Partnerships for Thomson Reuters Labs, elaborates that automation might be risky due to the demand for accuracy in legal proceedings. Augmentation, on the other hand, offers professionals tools to aid their decision-making process.
Zena Applebaum, VP of Product Marketing for Thomson Reuters, emphasized that these AI tools enhance lawyers’ efficiency rather than replace them. The challenge lies in ensuring that human experts thoroughly verify AI outputs.
The risks of AI in legal procedures
The adoption of AI in legal processes is challenging. Privacy concerns arise when inputting sensitive client information into these tools. Moreover, there have been “hallucinations,” where the AI provides fabricated case citations and facts, misleading legal professionals.
Generative AI’s future in the legal industry seems promising, with professionals expecting these tools to elevate their skill set. Yet, this evolution demands caution, as Andrew Fletcher notes,
“The people who embrace the change will get to focus on more interesting work.”
Florida takes precautionary measures
In response to the potential challenges posed by AI in the legal domain, Florida lawyers may soon need client consent to utilize artificial intelligence in their cases. The Florida Bar is exploring the creation of an advisory opinion to lay out the rules for using generative AI. The proposal will also determine if AI tools require the same level of supervision as non-lawyer assistants and how these tools might impact lawyer fees.
This proactive approach stems from previous incidents where AI-generated fictitious case citations misled legal professionals, underscoring the need for stringent regulations.
As Pras Michel’s case unfolds, it serves as a timely reminder of the intricate dance between technology and traditional legal proceedings. While AI promises to revolutionize the legal landscape, the journey is fraught with ethical dilemmas and challenges that the industry must navigate carefully.
and then