The Constitution Has Entered the ‘Chat’: AI Violates the Right to Effective Assistance of Counsel | New York Law Journal

Artificial intelligence (AI) has permeated various industries and professions because the technology has many benefits. The legal profession has slowly adopted this kind of technology as an aid to tasks such as research and writing. Many commentators have discussed the ethical considerations of using this technology in the context of the Model Rules of Professional Conduct. Nicole Yamane, Artificial Intelligence in the Legal Field and the Indispensable Human Element Legal Ethics Demands, 33 Geo. J. Legal Ethics, 877, 878 (2020); Augustus Calabresi, Machine Lawyering and Artificial Attorneys:Conflicts in Legal Ethics With Complex Computer Algorithms, 34 Geo. J. Legal Ethics 789, 797 (2021); Amy B. Cyphert, A Human Being Wrote This Law Review Article: GPT-3 and The Practice of Law, 55 U.C. Davis L. Rev., 401, 423 (2021).

However, little has been written about the constitutional implications of the use of AI, in particular, the Sixth Amendment right to effective assistance of counsel in the criminal context. Given the rate at which AI continues to develop and anticipating a future that may present artificial lawyers or judges, this issue must be addressed. Cade Metz, The Godfather of A.I.’ Leaves Google and Warns of Danger Ahead, N. Y. Times, (May 1, 2023).

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