Public defenders would be more effective if they didn't have to talk to their clients?
For a natural text generation/chat system like ChatGPT, at the moment this is effectively impossible and frankly I don't see it being sufficiently fixed for something as complex as teaching law to a non-law-student any time in the near future.
It's not like a "jailhouse lawyer" will do any better. Though it might cost something you didn't expect, such as a new witness against you or a shower pal.
The Constitution is already pushed beyond all reason for poor people anyway. You might have a "right" to a public defender, but good luck getting them to spend much more than 10 minutes on your case. (https://www.mprnews.org/story/2010/11/29/public-defenders) They're so overworked that it can be impossible for them to spend more than a tiny fraction of the time they actually need to do their job (https://www.kansascity.com/news/local/crime/article237036919...).
In the same way you have a "right" to speedy trial, but unless you're rich you can spend years (or even a decade) waiting behind bars (https://www.thecity.nyc/2022/8/17/23310771/why-some-spend-ye...).
It seems like we've already decided that if you can't pay the court fees you aren't entitled to access to our "justice" system (https://digitalcommons.law.seattleu.edu/sulr/vol44/iss3/11/)
I don't think it's too far fetched to imagine the courts telling poor people they have to settle for an AI to represent them unless they can fork over the money to hire one themselves.
If an AI is just as capable (if not more capable) than a real lawyer, we'll be seeing rich people and corporations using them instead of humans. Until we see that, I'll assume that if poor people are forced (by law or finances) to use them they'll be getting the short end of the stick.
1. A scaling army of prosecutors and "professional witnesses" which are compensated/promoted based on conviction rate.
2. A single "freely" provided and extremely overworked defense attorney with three times the caseload of the prosecutor and where every bit of help they give out takes from the time of the other defendants they "defend."
3. As a result of 1&2 you are pressured to sign a plea and threatened with triple and quadruple punishments for the same activities. All while being stuck in a cell (why else would you need a free attorney)? And we are not talking the difference of 3 months and a year. Instead we are talking about the difference of 5 years and 20 years.
4. The result is an overwhelming number of factually innocent people in prison for crimes they never committed. From people who sat down and said, what happens if it goes wrong vs what happens when I do 5 years of adult daycare?
So yes, any kind of AI is likely to improve the situation as the situation is currently completely unacceptable to anyone who has seen a family member go through it.
While I agree with you that AI powered lawyer can have many downsides and drawbacks here you are building on a falsehood.
There is this illusions that computers are "book smart" but not "street smart". It is very deeply ingrained into our culture. Just think about Data from Star Trek. Very analytical, but struggles to understand emotions. Therefore also struggles to manipulate people's emotions, aka being emotionally persuasive.
This is a sci-fi trope, but is false as it comes to these generative models. (or can be false depending on training data) If you train the system with mock juries it can learn how to twist them around its finger. Text written by such a model can be as emotionally persuasive as one written by the best lawyer.
In fact in reality, as the tech is today, it would be easier to reliably implement the "reading reactions, and understanding what each of those 12 people needs to hear to have them act like he wants" part than the "follows flawless logic, legal technicalities to a T" part.
It is of course still a very perilous path to make an AI-powered lawyer. It is just important to not base our reasoning on sci-fi tropes
Come to think about it. This part can be valuable, even as a startup. You get mock juries, you act out legal cases in front of them. You collect every single thing the actor lawyers say, and how they say it, and you also collect full transcript of their deliberations.
You model the data, and then you sell the services to lawyers. They can practice in front of your model jury initialised with what can be known about the real jurors and can see traces of their deliberations. Not just one run of the model, but many runs if they want to.
A good lawyer is not just knowledgeable of law, but of people. He needs to get 12 people in front of him to agree with him. And he may even be actively misleading them when he's defending a someone whom he knows to be guilty. This comes down to reading people, reading reactions, and understanding what each of those 12 people needs to hear to have them act like he wants. Not coincidentally, the most common background of politicians: lawyers.
I'd argue that the most likely scenario here is not closing the divide but widening it. Instead of public defenders, poor people will just get the bot, while those of means will get lawyers. It's akin to tech support today. In the not so distant past, it was easy to get a human on the line. Now in many cases unless you're a "special" client, or get your issue on the front page of some big social media site, you get the bot. And it sucks.