A San Diego-based civil rights attorney, Joseph McMullen, is leveraging artificial intelligence to handle an increasing caseload involving federal law enforcement agencies. Facing three federal trials in three months – two deaths in custody and one detention of American children at the border – McMullen turned to AI platforms to streamline document review and analysis, allowing him to focus on the core aspects of advocacy that require human judgment and emotional storytelling.
The Shift to AI-Assisted Lawyering
McMullen’s approach is rooted in a blend of analytical rigor and narrative skill, honed through training at the Trial Lawyers College. While initially skeptical after an early encounter with ChatGPT’s tendency to “hallucinate” nonexistent cases, he now uses tools like Clearbrief and Briefpoint to manage vast amounts of evidence. His process involves feeding AI platforms terabytes of documents, location data, and photographs to accelerate the analytical phase of case preparation.
“Lawyering is also about judgment—that part can’t be farmed out to AI yet. So third, tell the story of your case in a compelling way. That’s the human element.”
The goal is not to replace human legal expertise but to free up time for strategic decision-making and persuasive storytelling. AI assists with the laborious task of sifting through evidence, enabling lawyers to concentrate on the emotional core of their cases.
Case Outcomes Enhanced by AI
McMullen cites a case involving siblings Julia and Oscar, U.S. citizens wrongly detained at the border, where AI-assisted brief preparation contributed to a favorable verdict. By using Clearbrief to hyperlink evidence, he streamlined the presentation of a compelling case that highlighted systemic flaws.
Another example is a recent jail death trial where AI was used to generate opposing counsel’s best arguments. By uploading briefs into CoCounsel and requesting an analysis of why they would lose on every issue, the legal team prepared for a more robust defense, ultimately leading to an upheld appeal.
A Balanced Approach to AI Integration
McMullen emphasizes the need for verification, urging lawyers to always confirm AI-generated citations and protect confidential information. He frames AI as a tool that enhances logic and thoroughness but cannot replicate the emotional connection essential for effective advocacy.
“Use AI to help with any logical task. Farm out the logical analysis and gathering. You’ll free up time to understand the emotional story only a human can.”
His philosophy aligns with Aristotle’s framework of effective advocacy: logos (logic), ethos (credibility), and pathos (emotion). AI can augment the first two, but the human element remains indispensable.
In conclusion, artificial intelligence is becoming an increasingly valuable tool for civil rights lawyers facing complex legal battles. By automating data analysis and streamlining case preparation, AI empowers attorneys to focus on the emotional resonance of their cases, ensuring that human storytelling remains at the heart of justice.
