Journal Title
National Association of Criminal Defense Lawyers
Volume
N/A
Issue
N/A
First Page
1
Document Type
Article
Publication Information
2026
Abstract
This white paper provides a framework for ethical and practical AI use across all types of criminal defense practice, grounded in the ABA Model Rules of Professional Conduct and best practices as described by practitioners, academics, and other experts. While AI tools can meaningfully improve efficiency and expand analytical capacity, those benefits are highly contingent on tool selection, implementation, and oversight. The white paper also recognizes that cost, access to training, and institutional resources remain significant barriers — particularly for solo practitioners, small firms, and under-resourced public defense offices — and discusses AI throughout as a set of tools whose value depends on informed, responsible, and ethical use. It explains what generative AI is, identifies its risks and limitations (including emerging issues like deepfakes and climate impacts), surveys its current use by prosecutors and its reception in courts, and provides practical guidance for defenders on important day-to-day decision-making, such as which tools to use and how to use them ethically and efficiently. It uses job-specific examples (e.g., sentencing memos and character statements) to explain where and how AI could be used and highlight potential ethical concerns in its use. Most importantly, it sets out a roadmap for drafting AI policies, including considerations for data privacy and security, verification, training, and compliance with judicial standing orders.
Recommended Citation
Mason R. Clark, Parity in Practice: The Defender's Duty to Ethically Use AI (white paper), National Association of Criminal Defense Lawyers (2026).