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AI in the Courtroom: The Weber Case Twist You Didn’t See Coming

AI In Law Podcast

Release Date: 10/17/2024

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Buckle up—because this episode is going to change the way you think about AI in the courtroom. We’re diving into the Matter of Weber, a case out of Saratoga County, New York, that just flipped the script on expert testimony and how courts are handling AI.

Picture this: an expert witness, called to testify about damages in a trust dispute, drops the bomb that he used Microsoft Copilot—yes, an AI tool—to cross-check his calculations. Sounds convenient, right? Well, there’s a catch. When asked about how Copilot arrived at its results, the expert had no idea. He couldn’t recall what he inputted or explain the AI’s logic. That’s when things got interesting. The judge wasn’t having it—and neither would you if someone tried to sell you a car but couldn’t explain how the engine worked.

The court threw down the gauntlet, setting new guidelines that force attorneys to disclose when they’re using AI to generate evidence. Not only that, but from now on, AI-generated testimony might be headed straight for a Frye hearing to test whether it holds up. Game changer, right?

But here’s where it gets even juicier. The judge didn’t just critique the expert—he used AI himself to test the witness’s methodology! Talk about turning the tables. The judge ran similar prompts through Microsoft Copilot and got completely different results, casting doubt on the expert’s testimony. This moment? It’s the real twist in the Weber case. It raises serious questions about whether judges should step into the AI ring themselves.

We’re talking about a case that just might show us how AI is used in future courtrooms. Should AI-generated evidence be treated the same as traditional expert testimony? What about the “black box” problem where even the experts can’t explain how the AI made its decisions? And, most importantly, how far is too far when judges start experimenting with AI themselves to evaluate evidence?

In this episode, we’re pulling back the curtain on the Weber case and its huge implications for the future of law. It’s a wake-up call for every lawyer, judge, and legal professional—AI is here, and it’s not waiting for you to catch up.

Trust me, this is one episode you can’t afford to miss. The future of expert testimony is changing—are you ready to evolve with it? Let’s get into it!

Want to read more about this case and issue. See Judge Scott Schlegel's post titled, "AI in the Courtroom: Experts, Judges, and the Twist in Weber" posted in Mitch's "AI In Law" group on LinkedIn. https://www.linkedin.com/feed/update/urn:li:activity:7252671784632664064?utm_source=share&utm_medium=member_desktop

Listen to past and future episodes on your favorite podcast platform. Start at https://mitch-jackson.com/podcast