Order in the Court

To Trust or Not to Trust: AI in Legal Practice

Episode Summary

On this episode, host Paul W. Grimm continues his discussion with Professor Maura R. Grossman, focusing on the legal system’s evolving challenges with generative AI and deepfakes.

Episode Notes

Host Paul W. Grimm continues his conversation with Professor Maura R. Grossman on the legal system’s growing challenges with generative AI and deepfakes. They explore how AI-generated images, video, and audio differ from traditional fakes—and why they present unique evidentiary challenges and ethical problems for lawyers and judges. They also discuss the legal implications of the “liar’s dividend,” the psychological impact of AI-generated evidence on juries, and potential updates to the Federal Rules of Evidence. In the absence of new rules dealing with AI evidence, they explain how early case management, protective orders, and Rules 403 and 901 can address a few of these challenges.

ADDITIONAL RESOURCES

• Grossman, Grimm & Coglianese "AI in the Courts: How Worried Should We Be?" (Judicature)
  This Judicature article offers a discussion of the pros and cons of AI in the legal profession following the rise of ChatGPT and other large language models (LLMs).

Federal Rules of Evidence – In particular, this episode focuses on:

• Rule 104(a) & (b): Preliminary vs. conditional relevance
• Rule 403: Exclusion of prejudicial evidence
• Rule 901: Authentication of evidence
• Rule 702: Expert testimony