How Ai Helps This Civil Rights Lawyer Beat The Feds

Over nan people of his career, Joseph McMullen has dealt pinch immoderate of nan astir powerful agencies successful nan country: nan FBI, Customs and Border Protection, and Immigration and Customs Enforcement. But successful early 2024 nan San Diego–based civilian authorities lawyer faced a problem of scale. He had 3 national tests successful 3 months—two involving deaths successful jail, 1 involving American children detained astatine nan border—and terabytes of documents. He turned to artificial intelligence to thief him get done it all.

McMullen’s way to nan courtroom has been unconventional. A erstwhile expert astatine nan consulting patient Bain & Company, he received a rule grade astatine nan University of Virginia and trained astatine nan Trial Lawyers College (now called nan Gerry Spence Method) successful Wyoming successful a programme that specialized successful nan affectional trade of storytelling. The accent he places connected some analytical rigor and communicative small heart has led him, unexpectedly, to artificial intelligence.

Scientific American said to McMullen astir really AI tin free lawyers to attraction connected what makes america human.

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[An edited transcript of nan question and reply follows.]

You litigate civilian authorities cases against section and national rule enforcement. What does that look for illustration connected nan ground?

They often impact violence—shootings aliases tasings. One customer was diabetic and had a seizure astatine a restaurant. Police arrived and jumped to nan conclusion it mightiness beryllium drug-related. They tased and arrested him, notwithstanding paramedics saying his humor sweetener had crashed.

Other cases impact deaths successful jail—failures to travel rules astir keeping inmates safe, whether inmate-on-inmate violence, beingness maltreatment by labor aliases nonaccomplishment to supply needed aesculapian attraction erstwhile there’s clear signs someone’s successful distress.

When did you move to AI for help?

Early 2024—I had looked astatine ChatGPT earlier to spot if it could find maine a case, and it hallucinated nan cleanable case, but it wasn’t real. ChatGPT came cleanable and said nan lawsuit pinch nan afloat citation didn’t exist. That ended immoderate liking that I had successful utilizing AI, astir apt successful precocious 2023.

But pinch these impending trials, I thought, location are tasks I’m performing that aren’t nan champion usage of my time. So I started exploring AI platforms for illustration Clearbrief and Briefpoint.

What I’ve recovered is that to put together a successful trial, location are a fewer things you person to do. First, stitchery each nan worldly your lawsuit mightiness beryllium about—documents, location data, photographs. Second, fig retired what your lawsuit is about. A batch of that study tin beryllium done by AI. You tin provender it information and person it break it down.

But lawyering is besides astir judgment—that portion can’t beryllium farmed retired to AI yet. So third, show nan communicative of your lawsuit successful a compelling way. That’s nan quality element. By getting thief pinch gathering and analysis, it frees up clip to attraction connected discovering nan communicative AI can’t find. It tin analyse 100,000 matter messages and springiness maine an knowing of what’s applicable truthful I don’t person to.

Can you springiness an illustration wherever AI changed nan result of a case?

We represented a woman named Julia and her relative Oscar, some U.S. citizens. [In 2019, erstwhile Julia was 9 years aged and Oscar was 14], Julia was accused of being an impostor, an undocumented relative [whom Oscar was accused of attempting to smuggle] crossed nan border. Oscar was held for 14 hours, and Julia [was held] for 34 hours, overmuch of [that clip being spent] successful an underground jail. Eventually Telemundo caught news [of this]. When reporters showed up, folks astatine nan separator realized what was happening and fto them go.

That was a five-year conflict involving a batch of documents. I utilized Clearbrief to put together a little hyperlinked to grounds that AI helped maine benignant through. The judge gave our clients a important verdict, pinch chat astir really what happened was incompatible pinch our values.

Have you utilized AI for strategy alternatively than conscionable sorting evidence?

Yes. Another example: a successful jailhouse decease proceedings successful May 2024. That lawsuit precocious was upheld connected appeal. To thief my co-counsel hole for oral argument, I uploaded nan appellate briefs and grounds into nan package CoCounsel and asked it to put together an sentiment successful which we suffer connected each issue—the champion study of why we lose. It generated nan opinion. I circulated it truthful we could beryllium prepared for nan champion arguments against us. Just because you out-lawyer nan different broadside doesn’t mean you’ll win—judges person their ain investigation unit and wisdom. My co-counsel did a phenomenal occupation and very overmuch appreciated having that opposing argument. All that activity was done successful little than a minute.

What is your accuracy connected really lawyers should usage this technology?

First, verify everything. If AI cites a case, publication it. And ne'er upload confidential accusation without guarantees that it won’t beryllium utilized for AI learning.

Beyond that, deliberation astir what defense is. Aristotle told america effective defense needs logos, ethos and pathos—logic, credibility and emotion. Every facet of lawyering involving logic, AI tin thief america [with]. The credibility part—being thorough, reviewing everything—AI tin thief pinch that, too. But emotion—I don’t deliberation AI tin adhd that. Emotion is uncovering existent quality relationship pinch issues that resonate pinch each of us. Each of these cases has been astir love, betrayal, nonaccomplishment and joy.

Use AI to thief pinch immoderate logical task. Farm retired nan logical study and gathering. You’ll free up clip to understand nan affectional communicative only a quality can. That’s what makes AI great: not helping lawyers move into robots but helping lawyers attraction much connected nan humanity of what we’re doing.

A type of this article appeared successful nan March 2026 rumor of Scientific American arsenic “Joseph McMullen.”