ChatGPT, Copilot, and Gemini Go Into a Bar . . . : The Potential and Pitfalls of AI Chatbots for Trial Consultants–PART 1: What Are AI Chatbots

Figure 1: Image generated by Dall-E 3

This article was prepared by the ASTC AI Task Force

This is Part 1 of the two-part series on the application of AI and AI chatbots to the field of trial consulting. A key to understanding the potential (and drawbacks) of AI chatbots in the field of trial consulting is understanding what AI and AI chatbots are, how they are constructed/trained, and their limitations. Part 1 addresses these issues and Part 2 focuses on the uses (and potential uses) of AI chatbots in trial consulting.

It has been a little more than a year since ChatGPT stormed onto the scene. Since then, dozens of other publicly available AI chatbots have been released, including Copilot (Microsoft’s AI chatbot powered by ChatGPT-4), Gemini (Google’s AI chatbot), and Anthropic's Claude. Much has been made of how AI, and AI chatbots in particular, may change our lives, improve human performance, and perhaps even replace humans on a variety of tasks, which could range from nonphysical repetitive and routine tasks like tagging images and proofing texts to advanced tasks such as creating graphics, writing poetry and books, providing psychotherapy, writing contracts and other standard legal documents, and legal analysis (e.g., Lexis AI). A recent study in the United Kingdom suggested a number of occupations are likely to be threatened by AI and AI chatbots, including management professionals, business analysts, financial managers, accountants, and psychologists. (Interestingly, there was a strong relationship between high involvement with AI and potential replacement by AI.) READ MORE

Jeff Frederick is chairperson of the AI Task Force for the American Society of Trial Consultants (ASTC), which examines AI’s impact on trial consulting and jury trials.

For more information on voir dire and jury selection, see Mastering Voir Dire and Jury Selection: Gain an Edge in Questioning and Selecting Your Jury, Fourth Edition (2018). Also, check out my companion book on supplemental juror questionnaires, Mastering Voir Dire and Jury Selection: Supplemental Juror Questionnaires (2018).

Recent media comments and speaking engagements

Frederick, Jeffrey AI and Trial Consulting: Understanding the Basics and Looking Toward the Future, Panelist, American Society of Trial Consultants webinar, March 25, 2024.

Frederick, Jeffrey AI in Trial, Panelist, American College of Trial Lawyers Spring Meeting, February 29, 2024.

Tom Hals (Wilmington) Analysis: Chauvin jurors facing 'through the roof’ stress as deliberations begin, Reuters (April 19, 2021)

Tom Hals (Wilmington) Analysis: Should Derek Chauvin testify in his own defense in Floyd murder trial?, Reuters (April 14, 2021)

Tom Hals (Wilmington) Analysis: Police and bystander accounts bolster Chauvin prosecution, Reuters (April 12, 2021)

Check out Dr. Frederick’s comments on mask and social distancing effects in the Derek Chauvin trial:

ABC News’ Kenneth Moton details what safety protocols will be in place during the first major in-person U.S. criminal trial of the pandemic. https://abcnews.go.com/US/video/covid-19-protocols-set-derek-chauvin-trial-76716395 Video: COVID-19 protocols set for Derek Chauvin trial (March 26,2021)

Available podcasts

The November 6, 2019 podcast from the ABA Journal’s Modern Law Library series features a discussion of voir dire and jury selection with Dr. Frederick in which he addresses tips for group voir dire, nonverbal communication in jury selection, and jurors and the internet, among other topics. Check out this 40-minute podcast on the ABA Journal’s website: http://www.abajournal.com/books/article/MLL-podcast-episode-110.

On January 25, 2019, Dr. Frederick presented a CLE program entitled “Mastering Voir Dire and Jury Selection” at the ABA Midyear Meeting at Caesar’s Palace in Las Vegas. Legal Talk Network conducted a short, 10-minute interview in conjunction with this program. You can listen to this podcast at: https://legaltalknetwork.com/podcasts/special-reports/2019/01/aba-midyear-meeting-2019-mastering-voir-dire-and-jury-selection/.

Dr. Frederick presented a 60-minute program based on his book, Mastering Voir Dire and Jury Selection: Gain an Edge in Questioning and Selecting Your Jury, for the ABA Solo Small Firm and General Practice Division’s November 21, 2018 session of Hot Off the Press telephone conference/podcast. Check it out at the Hot Off the Press podcast library at: Mastering Voir Dire and Jury Selection (americanbar.org)