Artificial Intelligence in the Courtroom: Defense Attorney Josh Kolsrud Weighs In on the Legal Revolution

With artificial intelligence (AI) quickly permeating every facet of life, it’s no surprise that the legal world is now grappling with its possibilities and perils. In a recent interview with Phoenix 10 News, criminal defense attorney Josh Kolsrud offered expert analysis and real-world perspective on how AI is already reshaping courtrooms and legal work in Arizona and beyond.

Arizona Supreme Court Leads the AI Push

The segment began by highlighting Arizona’s trailblazing efforts: the Arizona Supreme Court has not only begun using AI-generated avatars to present complicated rulings in user-friendly terms, but it has also formed a Steering Committee on Artificial Intelligence and the Courts. This move puts Arizona at the forefront of the national conversation about AI in legal proceedings.

AI-Generated Evidence and the Risk of Fabrication

The discussion turned quickly to one of the most pressing concerns: the recent use of AI-generated video “evidence” in a court case and its aftermath. Kolsrud pointed out that the defense’s appeal hinged on the argument that the video was fabricated, painting an inaccurate picture that influenced the trial’s outcome. Although this particular AI evidence was presented after sentencing, Kolsrud stressed the distinction between authentic evidence and AI-generated “opinion” or conjecture—an issue with serious consequences for due process.

The Double-Edged Sword of AI in Legal Practice

Kolsrud called the changes “revolutionary,” with the potential for both great promise and great peril. He cautioned, “It is revolutionary, and it has a lot of potential, and it also has a lot of drawbacks.”

On the pitfalls of current AI technology, Kolsrud was unequivocal:

• “Right now, the AI isn’t to the level where lawyers can just ask ChatGPT, for instance, to draft a motion with the correct case law.”
• He cited real cases where attorneys placed too much faith in AI, which sometimes “hallucinates”—generating fake case citations. When judges discover these fabrications, consequences are swift and severe.

AI-Fueled Fraud and New Criminal Frontiers

Kolsrud drew from his time as a federal prosecutor to highlight how criminals are harnessing AI in alarming ways: “We began seeing a lot of cases come in where you would have criminal gangs impersonate… and use the voice of the grandson to try and coerce and extort money from vulnerable adults.” The takeaway: AI is making old scams more convincing, and law enforcement must stay on guard.

AI’s Productivity Revolution—and Looming Job Shakeup

Beyond courtrooms, Kolsrud sees a near future in which AI dramatically increases the efficiency of legal research. He predicts larger law firms will no longer require as many mid-level attorneys, as robust AI can “take care of the majority of the research.” This paradigm shift, he believes, is only a few years away.

AI Empowering Self-Representation in Court

Kolsrud also addressed a sea-change for self-represented litigants: “I’ve already seen it… Sometimes when I prepare for these interviews, I’ll ask ChatGPT to ask me questions and answers… I could see that Lori Vallow [a pro se defendant] did something similar. Her cross-examination questions were exactly of the sort that you would expect any experienced and seasoned defense attorney to ask.” While the facts of a case still matter most, Kolsrud predicts more people will take on their own legal defense as AI tech improves accuracy and usability.

A Cautious Welcome—and a Call for Oversight

Kolsrud concluded with a nuanced take: “Obviously, AI can be tremendously beneficial in the medical industry, for instance, and we should allow it to run free to help people, but… there’s just so many dangers there with how it’s going to affect society.” From ethical dilemmas to the risk of losing control, his message is clear: we must guide and regulate AI with vigilance, humility, and foresight.