From Litigator to Operator: Why Criminal Defense Attorneys Need Agentic AI

As was previously predicted, Large Language Model Generative Artificial Intelligence, (GAI) is advancing with remarkable speed. Hundreds of Billions of dollars are being spent by a multitude of technology companies all vying to be the best. China is in the race as well, and recently released DeepSeek R1. Referred to a “Sputnik moment” DeepSeek’s release has created a sense of urgency in Silicon Valley and Washington Alike.

In the midst of this environment, OpenAI has introduced a groundbreaking new feature that the call Operator. This new product transforms ChatGPT from a simple conversational assistant into something far more dynamic: an autonomous AI agent capable of executing multi-step legal tasks on its own. In their promotional materials, ChatGPT indicates that:

Operator can be asked to handle a wide variety of repetitive browser tasks such as filling out forms, ordering groceries, and even creating memes. The ability to use the same interfaces and tools that humans interact with on a daily basis broadens the utility of AI, helping people save time on everyday tasks while opening up new engagement opportunities for businesses.

Unlike traditional AI, which passively waits for the next command, Operator is proactive and independent. It has the ability to reason through a set of defined objectives and carry them out without needing constant supervision. Think of it like the difference between a junior associate who needs detailed instructions and a seasoned litigator who instinctively knows how to handle a case.

The implications for criminal defense are profound. Instead of merely suggesting strategies, Agentic AI will soon draft and file motions, analyze bodycam footage for inconsistencies, conduct real-time legal research during trial, and even track case law updates, all autonomously.

But OpenAI isn’t alone in this race. Other leading AI labs, including Anthropic (Claude), Google DeepMind (Gemini), and xAI (Grok), will undoubtedly release their own versions of this technology. The era of Agentic AI, AI that doesn’t just respond but acts, is here. And for criminal defense attorneys, that has the potential to change everything.

What Is Agentic AI and Why Does It Matter?

Agentic AI refers to artificial intelligence that can plan, reason, and execute complex tasks with a high degree of autonomy, interacting with external systems as needed. In the legal field, this is likely to mean AI agents that can draft, file, and serve legal documents, analyze evidence, and even monitor court dockets, will little, or even without, direct attorney input.

With Operator, OpenAI has combined language intelligence, vision processing, and real-world navigation into a single system that has the potential to actively work through legal workflows, mimicking human interaction with court portals, e-filing systems, and discovery platforms.

As one legal technology analyst put it:

Here’s what makes this truly revolutionary: Operator can actually interact with websites and services across the internet. It can browse, click buttons, fill out forms, and navigate complex interfaces—all while working towards completing your requested task. (A. Guadamuz, AI Agents and the Future of Legal Practice, J.L. & Tech. (2024), https://www.lawandtech.com/article/ai-agents-legal-practice).

For a criminal defense attorney, that means instead of simply suggesting strategies, AI could initiate the creation and service of discovery requests, and upon receipt, review and summarize it. When properly trained, the AI could then initiate motions, serve them on opposing counsel and upload them to the court’s filing system. As one begins to envision the breadth of the potential applications of this technology, it’s significance becomes clear.

How Agentic AI Will Change Criminal Defense

Automating Routine Legal Filings

Much of criminal defense is procedural. Once a client is onboarded, attorneys must file an appearance, demand discovery, submit FOIA requests, and notify opposing counsel. With Agentic AI, those administrative burdens disappear. AI can pull case details from intake files, draft necessary filings, log into court portals, and submit documents autonomously. It can even generate proofs of service and track responses, ensuring compliance with court deadlines.

Sample Prompt for Operator AI:
“Draft and file an Appearance for client John Doe in the 48^th District Court. The charge is OWI with a breath test refusal. Blood was drawn. The case number is 2024CR0001. Serve the prosecuting attorney with a discovery demand for a blood test case, send a FOIA to the Michigan State Police Toxicology Lab to obtain the case file.

Reviewing Discovery and Spotting Inconsistencies

Criminal case investigations produce various types of discovery, including narrative police reports, accident reports, surveillance footage, forensic analysis, and, increasingly, bodycam footage. Manually reviewing this evidence is time-consuming, but Agentic AI can scan, summarize, and flag inconsistencies instantly. Also, AI could compare officer testimony to video evidence, analyze arrest reports for missing details, and even detect whether footage has been altered or deleted.

Sample Prompt for Operator AI:
“Analyze the bodycam footage from Officer Smith in case 2024CR0001. Compare statements made in the video to his written report. Flag any discrepancies and summarize key moments.”

Real-Time Trial Assistance and Legal Research

Courtroom advocacy requires agility—objections must be raised in seconds, cross-examinations must be precise, and case law must be readily available. Agentic AI can act as a real-time legal research assistant, listening to testimony and instantly pulling contradictions, case law, or impeachment material.

Imagine cross-examining a witness and having AI instantly surface prior inconsistent statements or rulings from that same judge on a similar issue.

Sample Prompt for Operator AI:
“Listen to today’s testimony in People v. John Doe and compare it to Officer Smith’s deposition. Generate a list of contradictions that can be used for impeachment.”

Jury Selection and Sentencing Analysis

In jury trials, AI can assist in voir dire by analyzing juror backgrounds, juror questionnaires, social media, and historical jury verdicts to suggest questioning strategies and predict biases. Post-trial, it can assess sentencing trends, helping defense attorneys craft data-driven mitigation arguments.

Sample Prompt for Operator AI:
“Analyze past sentencing patterns for Judge Davis in drug possession cases. Provide statistics on the likelihood of probation vs. incarceration and suggest mitigation strategies.”

AI and Real-Time Bodycam Analysis

One of the most game-changing applications of Agentic AI in criminal defense will be real-time analysis of bodycam footage. AI can scan videos, convert speech to text, and cross-reference officer testimony with real-time footage. It can detect tone shifts, inconsistencies, and missing footage, providing instant impeachment material.

If an officer claims the defendant “lunged at him” but the footage shows no such movement, AI can highlight this discrepancy immediately. If AI detects gaps in the recording, it can flag potential evidence tampering.

Sample Prompt for Operator AI:
“Analyze Officer Smith’s bodycam footage in case 2024CR0001. Detect inconsistencies with his court testimony and generate impeachment material.”

This Rapid Change is Just Beginning

What we’re witnessing today is only the first wave of AI’s transformation of the legal profession. In the near future, Criminal defense attorneys are likely to find themselves with AI-driven investigative tools, real-time trial assistants, and even AI-powered legal strategists that can support, and in an increasing number of cases, execute on, more and more aspects of a client’s representation.

The ultimate impact of AI on the law is almost unimaginable. In the coming years, we will likely see AI handling not just administrative but increasingly more higher level functions, such as developing an overall defense plan based on a review of the discovery materials and self-directed legal research based on issues the AI uncovers, preparing and filing motions, and even generating potential trial strategies. This isn’t such a stretch either, GAI is already being used in large civil firms for reviewing large numbers of documents for privilege, checking citations for accuracy, or comparing contracts to one another. One law firm indicated they have begun deploying two agentic AI-assisted contract tools that have achieved up to 92% accuracy, a higher rate than most LLM-based tools.

This isn’t just about working faster. AI will change how law is practiced. It will redefine legal research, procedural work, and even courtroom advocacy. It will also challenge old notions of what legal representation looks like. The firms and attorneys that embrace this shift will operate at a speed and level of precision that was once unthinkable. Those who resist? They may struggle to compete in a legal landscape where AI-enhanced attorneys handle twice the caseload with greater efficiency and accuracy.

That doesn’t mean AI will replace criminal defense attorneys, at least not any time soon. The art of trial advocacy, strategic decision-making, and client relations are uniquely human skills. But AI will handle the grunt work, allowing attorneys to focus on building stronger defenses, challenging the system, and advocating for their clients more effectively.

Of course, there are challenges. Courts will need to adapt, and ethical concerns, especially regarding client confidentiality, data privacy, security, and AI’s role in legal decision-making will need to be addressed. But make no mistake: Agentic AI is coming to criminal defense and the broader legal profession. Whether through OpenAI’s Operator, Anthropic’s Claude, Google DeepMind’s Gemini, and many others, this burgeoning technology will soon become a standard tool in the defense attorney’s arsenal.

Sources

A. Guadamuz, AI Agents and the Future of Legal Practice, J.L. & Tech. (2024), https://www.lawandtech.com/article/ai-agents-legal-practice.
OpenAI, Thinking Like a Lawyer: Agentic AI and the New Legal Playbook, Nat’l L. Rev. (Feb. 2024), https://www.natlawreview.com/article/thinking-lawyer-agentic-ai-and-new-legal-playbook.
J.D. Supra, Looking Beyond Generative AI: Agentic AI in Law, J.D. Supra (Dec. 2023), https://www.jdsupra.com/legalnews/looking-beyond-generative-ai-agentic-ai-4983437.
Reuters, AI ‘Hallucinations’ in Court Papers Spell Trouble for Lawyers, Reuters (Feb. 2025), https://www.reuters.com/technology/artificial-intelligence/ai-hallucinations-court-papers-spell-trouble-lawyers-2025-02-18.