Trial Magazine

This month’s issue of Trial is dedicated to artificial intelligence (AI) and how it will transform the practice of law. In my lifetime, I have witnessed how innovation revolutionized entire industries and changed the composition of workforces. In many ways, the practice of law has been insulated from major technological evolution. Undoubtedly, the internet, e-filing, and Zoom significantly changed things. But AI will be transformative to the practice of law in ways that we cannot even imagine yet.

The articles in this issue are a preview of the seismic shift that awaits our profession. Read about ways to implement AI tools in your practice (p. 22 and p. 28); using the technology to streamline discovery (p. 44); and AI terms you need to know (p. 34). And learn more about the different challenges that come with adapting to AI in the law—from ethics to evidence to the impact on jurors (p. 38). You can also find AI-related resources through AAJ’s education webinars, Litigation Groups, Sections, and more—go to the bottom of page 37 for details.

As more state bars and courts start to issue guidelines and rules related to AI, and as policymakers take initial steps to enact legislation, AAJ is keeping a watchful eye on developments and how they relate to members’ practices.

I’m ready to embrace the changes we face, but I am not ready to accept that AI will define our future. For me, the future of trial practice remains in the hearts of trial lawyers today and the next generation. Case in point, in April, AAJ hosted the finals for its annual Student Trial Advocacy Competition (STAC). The skills demonstrated by these soon-to-be lawyers from across the country are a reminder that AI can never replace the indomitable fighting spirit that made each of us choose to become a trial lawyer.

This year, 160 teams from law schools nationwide competed, and more than 1,200 volunteer judge positions were filled by lawyers and judges who shared their time and wisdom. Throughout the competition we witnessed the stellar talent of these law students who showcased their ability to dissect complex legal issues, articulate compelling arguments, and empathize with their hypothetical clients. It’s evident that they embody the principles of advocacy at the core of our profession and hold the promise for the future.

As these law students embark on their careers, they too will need to navigate artificial intelligence in the legal world. AI is an undeniable force shaping the future, but we cannot lose sight of the part we play. Technological advancements and algorithmic analyses will create efficiency, but they will never replace our greatest asset: our humanity. Trial lawyers will continue to stand up and advocate for our clients; lend our voices to the voiceless; and mentor the next generation to speak from the heart, not from an AI-generated script.

It is our advocacy—rooted in empathy, ethics, and a commitment to justice—that distinguishes us as trial lawyers. Mentoring young lawyers and equipping them with the skills to become great advocates is a responsibility we all share and, as studies have shown, are key ways to show younger attorneys that a firm is invested in them.

I welcome the future. I welcome the advancements of artificial intelligence. But I don’t believe that AI defines our future. Our future is in the bright eyes and beating hearts of that next generation of trial lawyers. Our future is intrinsically tied to mentoring and empowering them.

Sean C. Domnick is a founder and shareholder of Domnick Cunningham & Yaffa in Palm Beach Gardens, Fla., and can be reached at sean.domnick@justice.org.