My Two Cents: How President Biden’s Executive Order on AI Impacts the Practice of Law - it does and doesn't.

President Biden's recent Executive Order (Order) on Safe, Secure, and Trustworthy Artificial Intelligence marks a significant milestone in the governance of AI technologies. This comprehensive directive aims to establish robust standards for AI safety and security. Its goals include protecting privacy and civil rights while promoting innovation and protecting intellectual property rights. For attorneys, this announcement is of paramount importance as it directly impacts the practice of law, introducing new dimensions to legal compliance, ethical considerations, and the overall legal landscape. Legal innovators and industrialists like Jack Newton, CEO of CLIO, see this Order as an important step taken by the government: I am hopeful that the newly introduced AI legislation will not only uphold the highest standards of security and privacy but also ensure equitable access and unbiased application within legal frameworks.

Here is a summary of the impact it will have on lawyers:

AI Safety and Security:

The Order mandates developers of powerful AI systems to share safety test results and critical information with the U.S. government. For attorneys, this introduces a new layer of compliance and due diligence. Legal professionals will need to guide their clients through these requirements, ensuring that AI systems adhere to the mandated safety and security standards. This is particularly crucial for companies dealing with AI technologies that pose serious risks to national security or public health. Likewise, lawyers representing parties who have been harmed by a company's use of AI will need to know the latest in AI technology in order to advocate the best strategy for their clients.

Privacy and Data Protection:

With AI’s capability to extract and exploit personal data, the Order calls for heightened privacy protections. The directive’s emphasis on privacy-preserving techniques and evaluation of data collection practices necessitates an attorney’s thorough understanding of AI technologies and their implications on privacy. Attorneys will play a crucial role in advising clients on data protection strategies, ensuring compliance with privacy laws, and navigating the legal complexities of AI-driven data processing. Attorneys must also ensure their use of AI in their practice protects their client’s Personal Identifiable Information (PII).

Equity and Civil Rights:

The Order addresses the potential of AI to perpetuate discrimination and bias, particularly in sectors like housing, healthcare, and criminal justice. Legal professionals will need to stay vigilant, ensuring that AI systems employed by their clients do not result in discriminatory outcomes or violate civil rights. Likewise, Attorneys who are prosecuting parties using AI to discriminate against members of the public will need to have a solid understanding of how AI works in these matters.

Consumer Protection:

the president’s order will likley set forth new regulations and policies that will affect most practicing lawyers.

AI technologies can potentially transform consumer experiences but also raise concerns about potential harms and deceptive practices. The Executive Order calls for standards and best practices to detect AI-generated content and authenticate official communications. Attorneys working in consumer protection will need to familiarize themselves with these standards, advising clients on compliance, advising clients who are victims, and addressing potential legal challenges arising from AI-driven consumer interactions.

Immigration Law

Although the Order is not directly focused on immigration law, it could indirectly affect the field. One specific aspect of the Order calls for using existing authorities to expand the ability of highly skilled immigrants and nonimmigrants with expertise in critical areas, including AI, to study, stay, and work in the United States. This could lead to changes in visa criteria and processes, potentially affecting how immigration attorneys advise clients in the tech sector. The emphasis on AI could lead to a higher demand for skilled workers in this field, possibly influencing the landscape of employment-based immigration. Immigration lawyers may need to stay updated on any new policies or procedural changes resulting from this Order to guide their clients through the visa application process.

Supporting Workers:

The impact of AI on the workforce is a critical aspect of the Order. Attorneys specializing in labor law will find this directive particularly pertinent, as it addresses issues related to job displacement, workplace equity, and labor standards. Legal professionals will play a vital role in navigating the legal complexities of AI in the workplace, ensuring that workers’ rights are protected, and advising employer-clients on best practices to mitigate potential harms.

Promoting Innovation and Competition and Protecting Intellectual Property:

The Order emphasizes the need to maintain America’s leadership in AI innovation and competition. For attorneys working in intellectual property, technology, and antitrust law, this directive underscores the importance of fostering a competitive AI ecosystem while protecting intellectual property rights. Legal professionals will need to stay abreast of developments in AI technologies, advising clients on innovation strategies, and ensuring compliance with copyright, intellectual property, and antitrust laws.

Attorneys Working for the Government:

The Order will affect government attorneys twofold -

First, government attorneys must be abreast of the same issues discussed in this post, like any private attorney. Government attorneys basically have the same legal and ethical duties as private attorneys. They, too, have the same security, bias, privacy, civil rights, and intellectual property concerns private practitioners have with this Order.

Second, government attorneys will be tasked with ensuring that government agencies comply with enhanced AI safety and security protocols, protect privacy, advance equity, defend civil rights, and promote innovation while protecting intellectual property rights. They will also play a critical role in developing and enforcing guidelines for the ethical use of AI within federal operations, potentially influencing procurement processes and the deployment of AI in public services. Moreover, as the government seeks to lead by example in the responsible use of AI, these attorneys will be instrumental in setting precedents that could shape future AI governance across all sectors.

Conclusion:

Lawyers already have an ethical duty to stay abreast of technology advancements including ai.

It is not surprising that as AI continues to evolve, legal professionals will play a crucial role in guiding their clients through this complex terrain. But, the Order does not bring anything new to an attorney’s quiver of responsibilities. With or without the Order, attorneys already have the Model Rules of Professional Conduct to guide them on their duties around technology (including AI). The Rules require us to stay current on AI, its constant changes, and how it may impact their clients—whether attorneys are using AI to assist their clients or if their clients or those whom attorneys are advocating against are using AI in their business.  Reference Model Rules 1.1, 1.1[8], 1.3, 1.4 & 1.6.  So, don't let the Order serve as a starting point.  Let it serve as a reminder that we must stay competent in our use and understanding of technology as it applies to our work in the legal arena.

#75: Benefits of Apple Products in Law Practice: Interview with Dave Hamilton

In this podcast episode, renowned tech expert Dave Hamilton dives into the world of Mac-centric productivity, uncovering the unique advantages Macs offer over Windows machines. Dave is a seasoned podcaster, publisher, and self-professed nerd with a rich background in educating numerous computer users over thirty years. We cover the longevity, cost-effectiveness, and quality of life benefits of Macs, their top productivity features like seamless device integration, Dave's travel tech tips including a 4K OLED screen and charging essentials, Mac-specific productivity tools focusing on scripting and audio editing, and much more!

Join Dave and me as we discuss the following three questions and more!

Join me with my guest mac geek gab podcast host dave hamilton as we discuss the benefits of using a mac at work!

  1. After over 900 episodes on MGG, what are the three most common questions about tech you still get today?

  2. Apple computers still have somewhat of an aura of being made for creative people and not professionals; what are your top three reasons any professionals, including us lawyers, would want to switch from PC to Mac?

  3. What are your top three favorite productivity functions you can do only on a Mac?

In our conversation, we cover the following:

[01:15] Dave's Personal Tech Setup and Upgrade Considerations

[15:56] Navigating Mac Upgrades, Backup Strategies, and Choosing the Right Wi-Fi System

[38:59] PC to Mac Transition: Insights on Integration, Compatibility, and Battery Life for Professionals

[54:48] Investing in a Mac: Exploring Longevity, Total Cost of Ownership, and Support Benefits Over Windows

Mac Geek Gab: A friendly forum to learna bout all things apple!

[59:14] Mac Productivity Unleashed: Leveraging Automation, Scripting, and Audio Routing for Peak Performance

[01:21:58] Behind the Podcast Curtain: Tools and Tricks for Pro-Level Recording and Editing

Resources:

Connect with Dave:

Bluesky: bsky.app/profile/davehamilton.com

Facebook: facebook.com/hamilton.dave

Instagram: instagram.com/davehamilton/

LinkedIn: linkedin.com/in/davehamilton/

Mastodon: podcastindex.social/@DaveHamilton

Twitter:twitter.com/DaveHamilton

Website: macgeekgab.com/

Hardware mentioned in the conversation:

DALL*E depicting dave and i recording our podcast - it got my beard but would not make me bald?

Software, Apps & Cloud Services mentioned in the conversation:

Monday Morning Humor: From the back of your truck to the palm of our hands...

technology has truly advance over the past eight decades!

From IBM’s 1956 fridge-sized, 5MB hard drive to today’s handheld 1TB microSD cards, data storage has undergone an amazing transformation. We’ve shrunk from needing a forklift for data transport to fitting vast digital universes in our pockets, proving technology’s journey is not just innovative, but also incredibly remarkable!

Happy Lawyering!!!

Word (or phrase) of the Week: What is "KPI" - Key Performance Indicator?

For attorneys venturing into the realm of digital marketing, the term “KPI” is crucial. KPI, or Key Performance Indicator, is a measurable value that illustrates how effectively a company is achieving its business objectives. In the context of Google AdWords and SEO, KPIs are metrics that indicate the performance of your online campaigns.

What is “KPI” in the world of digital marketing?

For Google AdWords, attorneys might consider KPIs like Click-Through Rate (CTR), Cost Per Click (CPC), and Conversion Rate. These metrics can give insights into how your ads are resonating with users and at what cost.

In the world of SEO (“Search Engine Optimization” or organic searches, i.e., non-paid advertising), KPIs might include organic search traffic, keyword rankings, and bounce rate. Monitoring these metrics can shed light on how your content is ranking on search engines and how engaged your audience is.

Understanding KPIs is crucial to perfecting your law firm's digital advertising strategy.

In essence, KPIs provide attorneys with a roadmap to gauge the effectiveness of their online strategies and where improvements can be made. Remember, understanding your KPIs means understanding your ROI. Stay informed and adapt accordingly.

Happy Lawyering!

My Two Cents on Clio Cloud Conference 2023 – Clio sets the standard, ABA Techshow needs to catch up, and the other LPMs need to start…

Recall I attended the Clio Cloud Conference 2023 (CLIO Con) recently. It was a very full event.  They had the standard announcements: I say “standard” because when you go to an electronics/technology conference, you expect to hear about the new products and features.  And as I had blogged recently, CLIO had plenty to share – new features to their Law Practice Management (LPM) platform now and next year!  But lawyers and legal professionals were not just going to a tech show to see the new shiny products; attendees wanted to learn more about their LPM of choice.  And CLIO Con wholistically met their needs!

My 2023 clio cloud conference press pass!

The conference was more than announcing new features like you might expect at an Apple or Samsung product event.  (The opening and closing sessions definitely had the polish of an Apple product announcement). You can see from their agenda, CLIO Con provided use-case sessions, presentations on the tech issues of today and tomorrow, and actual hands-on training and follow-along sessions through workshops and on their vendor floor.  CLIO Con had the right mix!

The ABA Techshow has had similar presentations and overview sessions.  But it needs more hands-on or follow-along training.  This has been a complaint of mine over the years – don’t show me what can be done, i.e., the final product, without showing me how to do it.  (The vendor sessions provided on the vendor floor are not enough to get a real feel of the various platforms - only a cursory overview to entice new customers for further investigation.)  After attending my first ABA LP Division meeting, it’s my understanding that the ABA is going to provide more detailed presentations at next year’s Techshow - so stay tuned to my 2024 ABA Techshow reports early next year.

CLIO’s competitors need to start their own conferences. The various CRMs/LPMs platforms have similar and different uses, functions, and third-party integrations. So, as potential clients need to screen their next attorney, attorneys need to vet their CRM/LPM platform.  It greatly helps lawyers to have it all pulled together and to be immersed with like-minded people at one event  - it gives the potential/new/current user a holistic sense of how a particular platform can serve their practice.  Quite frankly, if the other platforms are not going to do something similar, they are going to be left in the dust by CLIO.

Clio Con 2024 will be in Austin October 7 and 8!

The event had the enthusiasm of a Saturn Car dealership without the fanaticism (no offense to any current or previous Saturn car owners). It was a positive event. I am not a CLIO user, but I did learn some ideas on how I may want to improve my own CRM/LPM platform with third-party integration and use cases. I will consider CLIO a strong contender if I decide to change platforms.

For the record, I asked for and received a press pass for the event.  If other platforms start their own conferences, I will certainly do my best to attend and report on the similarities and differences between them and CLIO.  Until that happens, and quite frankly, even if other platforms start to do their own conferences, I'd encourage any attorney, CLIO user or not, to attend the next CLIO Con: It is a polished event where you can learn more about what LPMs can do for your firm, get ideas for what you want out of your platform, and maybe you'll find that CLIO does or does not meet your needs.

MTC.

Monday Morning Humor: Signs that make time stop! 🤣🤣🤣🤣🤣

When a lawyer's phone rings, it's like a courtroom drama in our mind. "Is it the judge? Or maybe that client who thinks midnight is a good time for legal advice?"

Every time we must weigh the evidence of the caller ID against our current coffee level, do we object or take the stand, I mean call…

Word of the Week: What is "SEO" aka "Search Engine Optimization"?

What is “SEO” in the realm of Digital Marketing?

SEO, or Search Engine Optimization, SEO is the art and science of enhancing your online presence.  This makes your law firm more visible on search engines like Google. When potential clients search for legal services, you want your firm to appear on the coveted first page. SEO involves optimizing your website's content, structure, and backlinks to achieve this. It's not just about keywords; it's about providing relevant, quality content and a seamless user experience. Think of SEO as the bridge connecting your law firm to those in need of your expertise. In the digital age, mastering SEO is non-negotiable.

#74: Empowering Lawyers with Legal Tech: Interview with Eda Rosa

My guest today, Eda Rosa, is the driving force behind Eda Rosa LLC. She is a highly accomplished professional in the legal field. With over 20 years of experience, she specializes in training individuals who are not lawyers, offering expert consulting services to law firms nationwide. Eda's primary mission is to empower legal professionals and equip them for career advancement through various platforms. She strongly emphasizes continuous learning and professional development, recognizing its critical role in the legal industry. During our interview, we discuss the most up-to-date tools and industry best practices that bridge the technological gaps, ultimately facilitating a more streamlined and efficient legal practice.

Enjoy!

Join Eda and me as we discuss the following three questions and more!

Eda and i discuss the most up-to-date tools and industry best practices that bridge the technological gaps, ultimately facilitating a more streamlined and efficient legal practice!

  1. What are the top three ways attorneys can use technology to onboard new staff easily and consistently?

  2. What are the top three areas in tech that lawyers, paralegals, law clerks, and office staff still lack in their use of technology?

  3. What are the top three ways paralegals, law clerks, office staff, etc., can use technology to make their lawyers' work easier?

In our conversation, we cover the following:

[01:03] Current tech setup

[11:02] Using technology for legal staff onboarding

[13:34] Video conferencing and communication tools for legal professionals

[16:37] Password management and security for law firms.

[22:48] Addressing knowledge gaps among legal professionals

[25:10] Software hacks for paralegals and lawyers.

[28:31] Writing tools for legal documents.

[31:55] Using technology to make lawyer work easier.

[37:36] Virtual hearings, meetings, and case preparation.

[39:10] Legal technology and process optimization.

 

Resources:

Connect with Eda:

Website: edarosallc.com/

LinkedIn: linkedin.com/in/eda-rosa-law

Hardware mentioned in our conversation:

Google Password Manager: passwords.google.com/

Google Pixel smartphone: store.google.com/category/phones

Google Pixel smartwatch: google.com/product/pixel_watch_2?hl=en-US

HP Envy laptop: hp.com/us-en/shop/mlp/laptops/envy-344503--1

HyperX podcasting microphone: hyperx.com/collections/microphones

Logitech Presentation clicker: logitech.com/en-us/products/presenters

StreamYard: streamyard.com/

 

Software & Cloud Services mentioned in the conversation:

Adobe Cloud: adobe.com/creativecloud

Asana: asana.com/

Clio: clio.com/

Google Cloud: cloud.google.com/

Hazel: noodlesoft.com/

LexisNexis: lexisnexis.com/en-us/home

Microsoft Office 365: office.com/

MyCase: mycase.com/

Nextiva: nextiva.com/

PackBack: packback.co/

Speechify: speechify.com/

TextExpander: textexpander.com/

Trello: trello.com/

TrialPad: litsoftware.com/trialpad

Wise Hire: wise-hire.com/

WordRake: wordrake.com/

News: The Tech-Savvy Lawyer is appointed to the ABA Law Practice Division!

Your tech-savvy lawyer is name to the aba law practice division!

I’m excited to report that I’ve recently been appointed to the ABA Law Practice Division! “The Division is committed to advancing the legal profession by focusing on critical aspects such as Finance, Practice Management, Technology, & Marketing.”  I’m excited to share my knowledge, learn more, and engage with fellow attorneys who have a deep commitment to utilizing technology to further the practice of law.  I’ve been appointed to the following four committees:

  • Futures Initiative's assesses the shifts in demand for legal services; makes recommendations on the organization and structure of the legal profession and of legal businesses, to ensure that legal services address the needs of clients in the long-term; recommends training and professional development of lawyers; reviews regulation of the practice of law to address the future needs of the profession and its clients, and seeks opportunities for the Division to collaborate to further the mission of the Initiative and the Division.

  • Law Practice Today’s primary purpose is to ensure that the publication or platform meets the needs of its target audience, which is often comprised of lawyers, law firm administrators, and legal technology professionals. 

  • Legal Technology Resource Center's mission is to help lawyers identify opportunities, overcome obstacles, and understand how technology tools can improve their practices through publications, blog posts, webinars, and other free resources.

  • Professional Development's is dedicated to advancing the professional skills, knowledge, and capabilities of its members and legal professionals. They strive to enable others to deliver high-quality legal services and thrive in an ever-evolving legal landscape.

Stay tuned, as I can’t wait to share with my readers and listeners what I learn in this exciting new venture!

Happy Lawyering!!!

CLIO Cloud Conference 2023 Introduction Report – Starting at the top with CLIO's CEO Jack Newton!

CLIO CEO Jack Newton welcomes thousands of attendees both in person and virtual to 2023 clio cloud conference!

Jack Newton, CEO of CLIO, started off the two-day Clio Cloud Conference 2023, welcoming its attendees. The conference was clearly not going to be a humdrum CLE with monotonous presentations. The opening was livelier but as well coordinated as an Apple product release event! I believe there were over four thousand (4,000) attendees, with well over two thousand (2,000) in person. They were excited, energetic, and ready to learn!

thousands attend clio con 2023 both in person and online!

Jack welcomed the audience. He shared the story of how CLIO Con has existed for over a decade. Their focus has been on the customer – helping lawyers recapture more time through the ease of a Lawyer Practice Management (LPM) Program. CLIO's goal is to make the administration of a law practice secondary so that lawyers can focus more time on what they are trained for – the practice of law. Jack highlighted CLIO's use of computer automation, software integration with third-party software, and, yes, artificial intelligence.

AI gives attorneys the opportunity to be more human!

Some of the highlights presented at the opening include "CLIO File," which allows customers to file pleadings directly into a court through CLIO. Google Local Service Ads for CLIO allows its customers to "[o]nly pay when a potential lead contacts you through the ad." “Attorney Share” in CLIO for Co-Counsel lets customers share files and folders with co-counsel or even opposing counsel. Although there were many more features discussed (including Automated Workflows, Matter Stages – "are Kanban-style boards that you can use to visualize and track matter progress in Clio Manage," improved e-mail integration with Outlook and Gmail, and many more features!), a key product announcement of great interest was CLIO Duo.

CLIO Duo is an artificial intelligence program baked into CLIO to help its customers "... unlock the potential of their own data, helping them to become even more effective business owners, and drive better outcomes for their [customers]." The first release, with a target date of 2024, will provide CLIO customers with the following:

“Embracing ai is a moral imperative for legal profressionals.”

  • Personalized recommendations to help prioritize efforts for maximum task completion and work efficiency;

  • Reminder prompts for pending bill approvals and overdue tasks;

  • Bill generation based on activities related to a specific client;

  • Document summarization and generation of simple documents;

  • Matter overviews for improved client communications;

  • Conversations with Duo to gain insights on the firm's business performance or to better understand Clio's product capabilities.

CLIO's proprietary AI technology is built on a foundation of privacy and security of its customer's client data. Therefore, lawyers using CLIO's AI should feel at ease knowing their data is protected from the outside world.

my 2023 clio con press pass!

CLIO's focus is on its customers. But this does not mean CLIO’s vision is myopically focused on lawyers. It also considers the viewpoint of its customers' clients. "CLIO Clients" is now offered in Spanish. Clients can pay their bills with Apple Pay and Google Pay. CLIO has enhanced customer-client communications with text message and reminder options. CLIO’s platform aims to make communications, case updates, and payments seamless between its customers and their clients. This kind of automation allows attorneys to recapture time and focus on the legal work they are hired to do - practice law.

Clio is evolving from just a general legal management platform to cater to specific legal practice areas. Jack revealed that Legal Aid and Personal Injury are the first two areas. I recommend potential users to explore and evaluate the new LPM or a similar Client Relations Management (CRM) platform before transitioning to it.

The goal of an attorney tech show or conference should be creating a venue to help us find the right technology for our firm or practice. Jack notes that although you can’t create more time, you can recapture more time by working efficiently. And that is what lawyers should leave with from attending any legal tech show. This year's attendees (and the general public) can leave with CLIO's 2023 Legal Trends Report - packed rich with "... valuable insights that can help you navigate the rapidly changing landscape of the legal world."

Team Clio Enthusiastically Launches CLIO Con 2023!

I'll comment next week on whether I think CLIO hit the mark. The people at CLIO seem to have succeeded already with its very informative and detailed opening. Stay tuned!