Pras Michél is demanding a new trial following his conviction on conspiracy charges in April claiming his defence attorney botched his closing argument by relying on an “experimental” AI program that neglected important arguments — potentially leading to the conviction. Owing to the use of AI, the new lawyers claim, counsel effectively admitted that Michél committed a crime during his closing.
Getting a new trial is not an easy task, including arguing ineffective assistance of counsel. One aspect to consider is whether AI is doing the work a lawyer is supposed to do:
“It depends upon how much of that argument was based on the AI or not.”
Some of the generic phrases that are invoked in opening statements — ladies and gentlemen, for example — are one thing, but if AI does the heavy lifting, that could be grounds for ineffective assistance of counsel because the lawyer isn’t doing the work — it’s analogous to asking a law student to write a summation. It’s ineffective assistance of counsel by getting somebody else to do what that person must have or should have done.
Source: Vulture
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