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

Jeff Sherr presents an ethical AI selection session for NLADA

Jeff Sherr, Senior Resident Public Defender with Reduct and a public defense training veteran, recently presented an ethical AI selection session for NLADA. We caught up with him on the key questions defenders should be asking.

Why is this conversation so urgent right now?

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.

What's the biggest mistake defenders make when adopting AI?

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.

What should defenders walk away knowing?

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.

The full session is available for free through the NLADA Learning Lab. For a quick-reference summary of the key questions and criteria, grab the free AI Ethics Toolkit.

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.