Expert Witnesses and Artificial Intelligence

Expert witnesses are used in virtually every litigation. Artificial intelligence (AI) is changing the way that law is practiced, including the use of expert witnesses. Through this webinar, you will discover how to use AI to research experts, prepare for their depositions, and evaluate their credibility. You will also learn the role that expert witnesses will play in an emerging AI legal environment.

Agenda:

Introduction

The role of expert witnesses in litigation
What is artificial intelligence?

How AI Is Changing the Practice of Law

The advantages of AI
Challenges of AI

How To Use AI To Research Experts

Traditional ways to research experts
GPT to research experts
The limits of using AI to research experts
Paid AI tools to research experts
How to blend traditional research with AI

The Future of AI and Expert Witnesses

The use of AI by judges
Could AI replace expert witnesses?

Questions & Answers

Duration of this webinar: 60 minutes

Originally broadcast: August 22, 2024 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction and Speaker Overview

Nina introduces the webinar, emphasizing its eligibility for CLE credit and the benefits of Justia Connect Pro membership. She highlights Justia Elevate, a WordPress-based platform offering AI tools like Justia AI Writer and Justia Chat for law firm websites. Jim Robinson, the speaker, is introduced as an expert in finding and researching expert witnesses, with notable contributions to the field. Jim discusses the role of expert witnesses and the impact of AI on their work, sharing insights from a poll conducted among experts. The poll reveals varied opinions on AI, with some experts embracing it and others skeptical of its credibility. Jim plans to explore how legal professionals can use AI for research and expert witness work, addressing concerns about AI replacing experts.

10:54 Expert Witnesses and AI Perspectives

Expert witnesses play a crucial role in litigation, providing opinions beyond the knowledge of the jury or judge. A case in Burbank, California, highlights the importance of expert testimony, where its absence led to a non-suit ruling. Jim advises attorneys to retain expert witnesses early in the case for thorough preparation and credibility enhancement. Artificial intelligence is defined as the simulation of human intelligence by machines, with varying opinions on its significance. Narrow AI focuses on specific tasks, while generative AI, like ChatGPT, is designed to understand and generate human language. Jim discusses the evolution of ChatGPT, its capabilities, and its impact on legal practice, including passing the bar exam.

26:41 AI Tools and Legal Practice

Google's Gemini and Microsoft's Bing Copilot are examples of AI tools enhancing business applications and personal tasks. Perplexity combines the strengths of Google and ChatGPT, providing citations for information sourced from the internet. AI is transforming legal practice by improving efficiency in data access, legal writing, and discovery processes. Jim highlights the impact of AI on billable hours, referencing webinars discussing sustainable income for attorneys. Prompt engineering is crucial for effective AI use, requiring clear, specific queries and follow-up questions. AI tools can assist in researching expert witnesses, providing insights into their qualifications and potential biases.

41:19 Researching Expert Witnesses

Researching expert witnesses involves understanding the subject matter and verifying their credentials. AI tools can help generate questions for expert witness depositions, enhancing preparation and strategy. Jim emphasizes the importance of verifying expert credentials, citing cases where false claims led to significant consequences. AI tools like ChatGPT can assist in cross-examination preparation by analyzing expert CVs and generating relevant questions. The Wayback Machine can provide historical versions of expert websites, revealing changes in claimed credentials. Jim discusses the potential pitfalls of relying solely on AI for expert witness research, highlighting the need for thorough verification.

01:01:31 AI in Expert Witness Depositions

AI can generate deposition questions and summarize expert witness reports, enhancing legal research efficiency. Creating custom AI datasets can help manage complex cases and large volumes of documents. Experts should avoid using AI for actual work products, as credibility is crucial in expert witness roles. AI tools can identify logical errors and inconsistencies in expert reports, serving as 'fallacy finders.' Grammarly and Turnitin can assist with grammar analysis and plagiarism detection in expert witness reports. Jim advises caution when using AI tools, emphasizing the importance of verifying generated content.

01:11:40 Challenges and Limitations of AI

AI tools like Grammarly and Turnitin can detect plagiarism and paraphrasing in expert witness reports. Experts use AI for video generation and image analysis, enhancing presentations and case evaluations. Jim discusses the limitations of AI in replacing expert witnesses, citing its inability to capture human nuances and perform site inspections. Bias in AI models is a concern, as they depend on the data inputted for training. AI will assist expert witnesses but is unlikely to fully replace them due to its limitations. Jim concludes with a quote comparing AI use to giving a child car keys, emphasizing the need for caution and adaptation.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 Technology in the Practice of Law

Earn Credit Until: June 30, 2026

South Carolina CLE

Status: Approved

Credits: 1.00 General

Difficulty: All Levels

Earn Credit Until: December 31, 2025

North Carolina CLE

Status: Approved

Credits: 1.00 Technology Training

Earn Credit Until: February 28, 2026

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: July 31, 2025

This presentation is approved for one hour of Technology in the Practice of Law CLE credit in California, one hour of General CLE credit in South Carolina (all levels), and one hour of Technology Training CLE credit in North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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Speaker

Jim Robinson President
JurisPro

Jim Robinson is an attorney, and founder of JurisPro Inc., a professional marketing company that features the qualifications of expert witnesses to legal professionals, insurance carriers, and the media. JurisPro also maintains a free online national directory for expert witnesses in over 10,000 areas of expertise (www.JurisPro.com). Jim was also co-founder of www.ExpertWitnessProfiler.com, which produces comprehensive background reports on expert witnesses.