AI & Law: How Artificial Intelligence Helps Civil Rights Attorneys Win Cases

San Diego-based civil rights attorney Joseph McMullen is leveraging artificial intelligence to manage the escalating demands of complex litigation, a shift born out of necessity when faced with three federal trials scheduled within three months in early 2024. The cases – two involving deaths in jail and one concerning the detention of American children at the border – presented a logistical challenge involving terabytes of evidence.

McMullen’s background is notably diverse. Prior to practicing law, he worked as an analyst at Bain & Company, later earning a law degree from the University of Virginia and completing specialized training at the Gerry Spence Method, focusing on the art of courtroom storytelling. This unique blend of analytical skill and narrative ability ultimately led him to explore the potential of AI.

“To put together a successful trial, there are a few things you have to do,” McMullen explained in an interview with Scientific American. “First, gather all the stuff your case might be about—documents, location data, photographs. Second, figure out what your case is about. A lot of that analysis can be done by AI.” He emphasizes that while AI excels at processing vast amounts of data, the crucial element of compelling storytelling remains firmly within the human domain.

Initially skeptical – a 2023 experience with ChatGPT yielded a fabricated legal case – McMullen began experimenting with platforms like Clearbrief and Briefpoint in early 2024. He found that AI could significantly reduce the time spent on document review and analysis, freeing him to concentrate on crafting a persuasive narrative and identifying the human element at the heart of each case.

One notable success involved representing Julia and Oscar, U.S. Citizens wrongly accused of border violations in 2019. The children were detained for 34 and 14 hours respectively, an ordeal that garnered media attention from Telemundo. McMullen utilized Clearbrief to create a hyperlinked brief, drawing on evidence efficiently sorted by AI. The judge ultimately awarded the clients a “substantial verdict,” acknowledging the incompatibility of the treatment with American values.

Beyond evidence organization, McMullen has also employed AI for strategic preparation. In a recent jail death case, upheld on appeal in May 2024, he used CoCounsel to generate a counter-argument – a detailed legal opinion outlining the weaknesses in his own case. “It generated the opinion,” McMullen said. “I circulated it so we could be prepared for the best arguments against us.” This exercise, completed in under a minute, allowed his co-counsel to anticipate and effectively address opposing arguments during oral proceedings.

McMullen’s approach to AI integration is grounded in caution and a clear understanding of its limitations. He stresses the importance of verifying all AI-generated information, particularly case citations, and warns against uploading confidential data to platforms without robust security guarantees. “First, verify everything. If AI cites a case, read it,” he advises.

His philosophy centers on the core principles of effective advocacy, as outlined by Aristotle: logos (logic), ethos (credibility), and pathos (emotion). He believes AI can significantly enhance the logical and credibility aspects of legal work, but the emotional connection – the ability to tap into universal human experiences – remains uniquely human. “Emotion is finding real human connection with issues that resonate with all of us,” he stated. “Each of these cases has been about love, betrayal, loss, and joy.”

McMullen envisions a future where AI empowers lawyers to focus on the most essential aspects of their profession: understanding the human story and advocating for justice. “Use AI to help with any logical task,” he concludes. “Farm out the logical analysis and gathering. You’ll free up time to understand the emotional story only a human can. That’s what makes AI great: not helping lawyers turn into robots but helping lawyers focus more on the humanity of what we’re doing.”