Not Their Tools, Not Their Rules: Jeff Sherr on What Criminal Defenders Need to Know About AI

AI vendors are moving fast into the legal market. Most of them aren't thinking about what's at stake when a defender uploads client evidence to their platform. The ethical obligations don't pause just because a new tool is convenient.
Not reading the fine print. Many vendor contracts include clauses that allow client data to be used for machine learning or product improvement. For a defense attorney, that's a potential ethics violation.
Ask three things before you adopt any tool:
- Where does my client's data go?
- Who else can access it?
- And what happens if there's a breach?
If a vendor can't answer those questions clearly, that's your answer.
About NLADA
The National Legal Aid & Defender Association (NLADA) is America's oldest and largest nonprofit association devoted to excellence in the delivery of legal services for people who cannot afford counsel.
For more than a century, NLADA has connected and supported advocates across the country committed to justice for all, providing training, technical assistance, and a collective voice for civil legal aid and public defense providers nationwide.