When a client is arrested, two cases are often born at once: the criminal prosecution and a potential civil rights action. Decisions made in the first weeks of the criminal case — what disposition to accept, what record to make, what motions to file, whether to file a CCRB complaint, when to serve a notice of claim — can preserve or permanently destroy the client’s civil claims.

This program brings together experienced criminal defense and civil rights practitioners for a practical discussion of how the two sides of the bar should work together. Topics include the civil claims that arise from arrests and police misconduct under 42 U.S.C. § 1983 and New York law; how each criminal disposition (plea, ACD, § 30.30 dismissal, interest-of-justice dismissal, acquittal) affects each civil claim after Thompson v. Clark; the deadlines that run while the criminal case is pending, including the 90-day notice of claim; parallel-proceeding traps involving 50-h examinations, CCRB statements, and the Fifth Amendment; special considerations in protest and mass-arrest cases; and the practical mechanics of referral, evidence preservation, and joint strategy.

This program will explore the emerging legal, ethical, and practical implications of AI-assisted filings, including those submitted by pro se litigants. The panelists will address associated concerns, including:

• attorney-client privilege
• authentication
• identification of AI-generated content
• local court rules and requirements
• ethical considerations related to courts monitoring or limiting AI use

Panelists will examine whether and how current legal frameworks, such as model rules, the NIST AI RMF, and standards applicable under the E-SIGN Act, address these developments. They will also discuss what obligations, if any, should be placed on technology providers, courts, and litigants to ensure reliability and accountability.

The discussion will also consider whether AI represents a meaningful advancement in access to justice or introduces new risks to the integrity of the judicial process. Panelists will debate the appropriate balance between expanding access to legal resources and preserving procedural fairness by analyzing recent developments and case law, including court responses to litigants’ use of private or sensitive information in AI systems. Attendees will gain practical insights into:

• a lawyer’s professional responsibilities when evaluating AI-generated work product
• questions general counsel and courts are increasingly asking
• safeguards that may be necessary as AI becomes a more prominent feature of modern legal practice