{"id":112832,"date":"2025-03-31T15:04:24","date_gmt":"2025-03-31T23:04:24","guid":{"rendered":"https:\/\/xira.com\/p\/2025\/03\/31\/appellant-sends-ai-avatar-to-oral-argument-judges-are-not-pleased\/"},"modified":"2025-03-31T15:04:24","modified_gmt":"2025-03-31T23:04:24","slug":"appellant-sends-ai-avatar-to-oral-argument-judges-are-not-pleased","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2025\/03\/31\/appellant-sends-ai-avatar-to-oral-argument-judges-are-not-pleased\/","title":{"rendered":"Appellant Sends AI Avatar To Oral Argument\u2026 Judges Are NOT Pleased"},"content":{"rendered":"
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You\u2019ve heard of lawyers using AI to do their research or even draft briefs, but sending an AI Avatar to deliver the oral argument is a new one.<\/p>\n

And it\u2019s not a popular one with the judges!<\/p>\n

In Dewald v. MassMutual Metro<\/em>, the Appellate Division, First Department expected some sort of audio-visual presentation as part of the pro se litigant\u2019s argument. It\u2019s not exactly standard procedure, but the justices were willing to accommodate an unrepresented party. The panel even took the matter out of turn to accommodate the relevant IT issues.<\/p>\n

That\u2019s when they were treated to a few seconds of this generic tech bro robot \u201crepresenting\u201d the appellant.<\/p>\n

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Giving serious \u201cLinkedIn Hustle Post\u201d vibes. Aside from everything else, why use an avatar in a quarter zip instead of something at least passably courtroom appropriate? They make AI slop in suits \u2014 we know that from the Arizona court system\u2019s in-house press nonsense<\/a>.<\/p>\n

Within seconds of Clarence D-AI-rrow\u2019s argument, the court cut it off and asked what was up and the actual attorney explained, \u201cI generated that. That is not a real person.\u201d<\/p>\n

No kidding. The video filed a pro hac motion from Uncanny Valley.<\/p>\n

My first instinct \u2014 charitable observer that I am \u2014 was that this was an accessibility issue, opening up the space for a lawyer who might have a condition limiting their ability to present themselves. This notion is quickly dashed by the justices:<\/p>\n

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You have appeared before this court and been able to testify verbally in the past. You have gone to my clerk\u2019s office and held verbal conversations with our staff for over 30 minutes. Okay, I don\u2019t appreciate being misled so either you are suffering from an ailment that prevents you from being able to articulate or you don\u2019t, you are not going to use this courtroom as a launch for your business, sir. So if you are able to shut that off\u2026 If you want to have oral argument time, you may stand up and give it to me, you have five minutes, your time has started.<\/p>\n<\/blockquote>\n

At that point, the pro se litigant seemed to read what would\u2019ve been the AI\u2019s script.<\/p>\n

Look, pro se litigants face a lot of challenges, but turning over the argument to a bot seems to exacerbate those struggles. If the pro se fears they don\u2019t know enough about the law, then the script is going to be garbage in, garbage out. It\u2019s much better to try to make the argument in person and give the judges an opportunity to ask questions. They\u2019ll likely help advance the case better by leading the discussion anyway.<\/p>\n

Hey, at least it wasn\u2019t a cat<\/a>. <\/p>\n

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\"Headshot\"Joe Patrice<\/a>\u00a0is a senior editor at Above the Law and co-host of Thinking Like A Lawyer<\/a>. Feel free to\u00a0email<\/a> any tips, questions, or comments. Follow him on\u00a0Twitter<\/a>\u00a0or Bluesky<\/a> if you\u2019re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search<\/a>.<\/em><\/strong><\/p>\n

The post Appellant Sends AI Avatar To Oral Argument\u2026 Judges Are NOT Pleased<\/a> appeared first on Above the Law<\/a>.<\/p>\n

\"\"
<\/figcaption><\/figure>\n

You\u2019ve heard of lawyers using AI to do their research or even draft briefs, but sending an AI Avatar to deliver the oral argument is a new one.<\/p>\n

And it\u2019s not a popular one with the judges!<\/p>\n

In Dewald v. MassMutual Metro<\/em>, the Appellate Division, First Department expected some sort of audio-visual presentation as part of the pro se litigant\u2019s argument. It\u2019s not exactly standard procedure, but the justices were willing to accommodate an unrepresented party. The panel even took the matter out of turn to accommodate the relevant IT issues.<\/p>\n

That\u2019s when they were treated to a few seconds of this generic tech bro robot \u201crepresenting\u201d the appellant.<\/p>\n