Look Who I Caught at the 2024 Podcast Movement Conference at National Harbor!

Dave and I hanging at Podcast movement 2024!

I'm attending this year's Podcast Movement Conference at National Harbor outside Washington, DC. While enhancing my skills as a podcaster and blogger, I bumped into a previous podcast guest, Dave Hamilton, host of the renowned Mac Geek Gab Podcast! He gave a presentation on his high-efficiency production techniques - Streamline to Shine: Mastering Real-Time Podcast Production Across Genres. Unfortunately, I was unable to attend. But knowing Dave, I'm sure it was great!

My 2024 podcast movement badge!

I also bumped into previous podcast guest, Gordon Firemark, lawyer and host of The Podcast Lawyer™. He gave a great presentation on the intricate world of entertainment and media law as it affects podcasters - Lights, Camera, Lawyers! - Legal issues video creators encounter that you might not have considered. I always learn something new from Gordon and his presentation did not disappoint!

It’s always great to see listeners, past and potentially future guests, and colleagues!

Remember, if you catch me in public and tell me you listen to The Tech-Savvy Lawyer.Page Podcast, I’ll send you a free The Tech-Savvy Lawyer.Page Podcast Mug*!

Happy Lawyering!

* Limit one per person.

Shout Out: Celebrating My New Appointments at the ABA Law Practice Division! 🥳

DALL*E has an interesting interpreTATION OF ME FOR MY ANNOUNcement. Looks about right except the hair! 🙃

I'm excited to share some wonderful news with all of you today. I’m honored to announce my recent re-appointment to the American Bar Association (ABA) Law Practice Division (LPD) for 2024-2025. This will be my first full-term appointment after completing last year’s term, which unexpectedly opened after that year had started. I have been selected to serve on several important committees, a recognition that I am truly grateful for.

I want to express my sincere thanks to the ABA Law Practice Division for this opportunity. The chance to work alongside such esteemed colleagues in advancing the future of law practice is both an honor and a responsibility that I do not take lightly. I will be serving as a Member of the Futures Initiative, Law Practice Today, and the Legal Technology Resource Center committees.

Stay tuned for more insights on how technology is shaping the future of law practice right here on The Tech-Savvy Lawyer!

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Stay tuned for more insights on how technology is shaping the future of law practice right here on The Tech-Savvy Lawyer! 🧑🏻‍💻

i hope you continue to follow my journey as I share more tech law practice tips (whether i have a full set of hair on my head or not)! 🙃

These appointments will help me continue my strong interest in helping lawyers, judges, and legal practitioners in the areas of law practice management and technology.  I’m eager to contribute to these vital initiatives with LPD and share them with you, the readers of The Tech-Savvy Lawyer.Page and listeners of The Tech-Savvy Lawyer.Page Podcast!

Thank you for your continued support. I look forward to sharing more updates on this exciting journey!

Monday Morning Humor: Don't Be the 'Ctrl + Alt + Deleted' IT Person: Funny Tech Tip for Lawyers! 😉

Don't Be the 'Ctrl + Alt + Deleted' IT Person!

In today's tech-driven world, lawyers often double as their own IT person.

But let's not end up like this unfortunate "I.T. Guy" whose tombstone reads "Ctrl + Alt + Deleted."

Mastering tech is essential, but remember: your goal is to thrive in the digital age, not crash and burn. 🤪

My Two Cents: AI vs. Traditional Web Searches: A New Era for Legal Professionals

Will AI Searches Replace Traditional Web Searches?

WIll lawyers no longer have to struggle with multiple tabs and stacks of legal books as AI may rid the time-consuming nature of traditional web searches?

The advent of AI-driven search engines like ChatGPT*, Perplexity.AI* and Google Gemini has sparked discussions about the future of traditional web searching. These AI systems promise to revolutionize how information is accessed, but will they completely replace traditional search engines? More importantly, how will this shift impact the legal profession? 🧐

The Rise of AI in Search

AI search engines leverage advanced language models to provide more intuitive and conversational search experiences. Unlike traditional search engines that rely on keyword matching, AI searches can understand context and nuances, offering more precise and relevant results. This capability allows users to obtain direct answers without sifting through multiple links, potentially reducing the need for traditional web searches.

Impact on the Legal Profession

For lawyers, the shift towards AI-driven search engines presents both opportunities and challenges:

An AI-powered search engine can provide instant, precise results, allowing lawyers to focus on strategic tasks rather than sifting through endless information.

• Efficiency and Speed: AI tools can significantly reduce the time required for legal research by providing quick and accurate answers. This can enhance productivity and allow lawyers to focus more on strategic tasks rather than routine research.

• Access to Information: AI systems can democratize access to legal information, making it easier for individuals to obtain legal advice without professional help. This could lead to an increase in pro se litigants, challenging the traditional lawyer-client dynamic.

• Quality of Information: While AI systems can provide quick answers, the quality and reliability of these answers can vary. Lawyers must remain vigilant about verifying AI-generated information, as inaccuracies could have serious legal implications.

Challenges and Considerations

• Ethical and Privacy Concerns: The use of AI in legal research raises ethical questions, particularly regarding data privacy and the potential for bias in AI-generated outputs. Lawyers must ensure that AI tools comply with legal standards and ethical guidelines. 

• Dependence on Technology: As AI becomes more integrated into legal practices, there is a risk of over-reliance on technology. Lawyers should maintain their critical thinking and analytical skills to interpret AI outputs effectively. 

• Impact on Employment: The automation of routine legal tasks through AI could lead to job displacement within the legal sector. However, it could also create new roles focused on managing and interpreting AI tools.

Lawyers must remain vigilant about verifying AI-generated information, as inaccuracies could have serious legal implications!

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Lawyers must remain vigilant about verifying AI-generated information, as inaccuracies could have serious legal implications! 🚨

Preparing for the Future 

The New Legal Professional will likely have to Combine AI-driven efficiency with essential human skills like empathy and nuance.

Lawyers should take proactive steps to adapt to this technological evolution:

• Embrace AI Tools: Understanding and integrating AI tools into legal practice can enhance efficiency and competitiveness. Familiarity with AI technologies will be crucial for future legal professionals.

• Continuous Learning: It is essential to stay informed about advancements in AI and their implications for the legal field. Continuous professional development will help lawyers navigate the changing landscape.

• Focus on Human Skills: While AI can handle routine tasks, human skills like empathy, negotiation, and complex problem-solving remain irreplaceable. Lawyers should focus on these areas to provide value beyond what AI can offer.

AI-driven search engines are poised to transform how information is accessed and utilized in the legal profession. While they offer numerous benefits, they also present challenges that require careful consideration. By embracing AI tools while maintaining a critical approach to their outputs, lawyers can harness the potential of AI to enhance their practice and better serve their clients.

Happy Lawyering!

MTC

Monday Morning Humor: A Lawyer's Worse Fate Than Death!

This reminds lawyers of every tech-savvy lawyer's nightmare.

In a profession where time is money, technology hiccups like the Blue Screen of Death can feel more terrifying than anything else we face.

Make sure you back up your work!

My Two Cents: Lessons from ABA's Formal Opinion 512 - A Follow-Up!

there will be many Collaborative discussions on ABA Formal Opinion 512's impact on legal practice!

This post is a follow-up to last week's editorial on my experience with the AI sessions at the American Bar Association's (ABA) 2024 Annual meeting. Today, I'll delve deeper into ABA's Formal Opinion 512 and explore its implications for legal practitioners.

Building on Prior Model Rules

ABA's Formal Opinion 512 builds on several foundational Model Rules of Professional Conduct. These include:

• Model Rule 1.1 (Competence): Lawyers must provide competent representation, which now explicitly includes understanding the benefits and risks associated with relevant technology.

• Model Rule 1.6 (Confidentiality of Information): Lawyers must make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.

• Model Rule 5.3 (Responsibilities Regarding Nonlawyer Assistance): Lawyers must ensure that nonlawyer assistants, including AI tools, comply with the professional obligations of the lawyer.

 Breakdown of ABA Formal Opinion 512 

Tech-savvy lawyer reviews ethical implications of AI under ABA Opinion 512.

 1. Competence

Formal Opinion 512 emphasizes that competence in legal practice now extends to a lawyer's understanding and use of technology. Lawyers must stay informed about changes in technology that affect their practice areas. This includes:

• Understanding AI Capabilities: Lawyers must understand the capabilities and limitations of AI tools they use.

• Continuing Education: Lawyers should engage in ongoing education about technological advancements relevant to their practice.

 2. Confidentiality

The opinion underscores the importance of maintaining client confidentiality when using AI tools. Key points include:

• Risk Assessment: Lawyers must assess the risks associated with using AI tools, particularly concerning data security and privacy.

• Vendor Due Diligence: Lawyers should conduct due diligence on AI vendors to ensure they comply with confidentiality obligations.

Lawyers will be Debating AI ethics and compliance for the foreseeable future!

 3. Supervision

Lawyers are responsible for supervising the AI tools and ensuring they are used ethically. This includes:

• Oversight: Lawyers must oversee the AI tools to ensure they are used appropriately and do not compromise ethical standards.

• Accountability: Lawyers remain accountable for the outcomes of AI-assisted tasks, ensuring that AI tools do not replace human judgment.

 4. Communication

Effective communication with clients about the use of AI is crucial. Lawyers should:

• Inform Clients: Clearly inform clients about the use of AI tools in their cases.

• Obtain Consent: Obtain informed consent from clients regarding the use of AI, especially when it involves sensitive data.

ABA's Formal Opinion 512 signals that AI is now essential in legal practice, but it also underscores the importance of maintaining ethical standards when using it.

Final Thoughts

ABA's Formal Opinion 512 is a significant step in ensuring that lawyers remain competent and ethical in an increasingly digital world. By emphasizing the need for technological proficiency, confidentiality, supervision, and clear communication, the ABA reinforces that staying updated with technology is not optional—it's a matter of maintaining one's bar license. Lawyers must embrace these guidelines to provide the best possible representation in the modern legal landscape.

Lawyers who do not keep up with the evolving AI landscape will be left behind by those who do!

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Lawyers who do not keep up with the evolving AI landscape will be left behind by those who do! 🚨

Episode 93, Part II, Revolutionizing Law Practice. How Alexander Pakin Leverages Tech 🖥️ for Legal Success!

In this second part of our conversation with Alexander Paykin, we dive deeper into the practical applications of technology in modern law practice. As a tech-savvy commercial litigator and managing director of The Law Office of Alexander Paykin, P.C., he shares invaluable insights on leveraging cutting-edge tools to enhance legal services.

Paykin explores the transformative power of cloud computing in law firms, discussing its benefits for collaboration and accessibility while addressing critical security concerns. He offers practical advice on implementing robust cybersecurity measures to protect sensitive client data and maintain ethical standards in the digital age.

Drawing from his experience and involvement with bar associations, Paykin provides actionable strategies for attorneys to streamline operations, improve client service, and drive growth through technology. He also looks ahead to emerging technologies shaping the future of legal practice.

This episode is a must-listen for attorneys seeking to harness technology's potential to stay competitive and deliver superior outcomes for clients in an ever-evolving legal landscape.

We discuss the following question and more!

1. What are the top three ways cloud computing has changed the way Alex's practice law?

2. What are the top three cybersecurity concerns that lawyers should be aware of when using cloud-based services?

3. What are the top three ways Alex sees technology continuing to shape the legal profession in the coming years?

Bonus question: What advice would you give to attorneys who are looking to adopt new technologies in their practice?

In this episode, we cover:

[02:15] - Cloud computing in law practice
[06:30] - Cybersecurity concerns and best practices for law firms
[11:45] - Client communication and collaboration tools
[15:30] - The future of legal technology and emerging trends
[20:00] - Advice for attorneys looking to adopt new technologies
[24:15] - The importance of continuous learning in legal tech
[28:00] - Closing thoughts and contact information for Alexander Paykin

RESOURCES

Connect with Alexander

• LinkedIn - linkedin.com/in/alexanderpaykin/

• Website - paykinlaw.net/

Hardware mentioned:

• Mobile devices (implied in discussion about remote access) Link: https://www.apple.com/iphone/

• Servers (for on-premises hosting) Link: https://www.dell.com/en-us/shop/servers-storage-and-networking/sf/poweredge-rack-servers

Software mentioned:

• Adobe Sign (electronic signature software) Link: https://acrobat.adobe.com/us/en/sign.html

• Clio (practice management software) Link: https://www.clio.com/

• DocuSign (electronic signature software) Link: https://www.docusign.com/

• Google Workspace (formerly G Suite) Link: https://workspace.google.com/

• Microsoft 365 (formerly Office 365) Link: https://www.microsoft.com/en-us/microsoft-365

• Microsoft Teams (collaboration platform) Link: https://www.microsoft.com/en-us/microsoft-teams/group-chat-software

• MyCase (practice management software) Link: https://www.mycase.com/

• Rocket Matter (practice management software) Link: https://www.rocketmatter.com/

• Slack (team communication platform) Link: https://slack.com/

• Zoom (video conferencing software) Link: https://zoom.us/

Shout Outs - Previous Podcast Guest Jeff Richardson for His Appearance on the iPad Pros Podcast!

an ipad can be a very productive tool in a lawyer’s tool belt! - But imho its still not a laptop replacement.

Recently, previous podcast guest, blogger at iPhone J.D. and co-host (with previous podcast guest Jeff Richardson) of In The News! was a guest on Tim Chaten's podcast iPad Pros! Jeff shares his love of Apple's mobile products as he and Tim discuss his insights on the transformative role of iPads in the legal field. As technology continues to evolve, attorneys are finding innovative ways to leverage these advancements to enhance their practice. Here’s some of Jeff's insights from the interview about how iPads are reshaping the landscape for tech-savvy lawyers.

The iPad Pro: A Game-Changer for Legal Professionals

Jeff's discussion highlights the iPad Pro as a pivotal tool for modern attorneys. Its versatility and power make it an ideal device for various legal tasks, from document review to courtroom presentations. The iPad Pro's portability allows lawyers to work efficiently from anywhere, whether they are in the office, at home, or on the go. This flexibility is crucial in today’s fast-paced legal environment, where the ability to access and manage information quickly can make a significant difference.

Key Features That Stand Out

1. Enhanced Productivity with Multitasking Capabilities

iPaid Pros Podcast's Embedded Youtube Link of the interview with Jeff Richardson!

The iPad Pro's multitasking features enable attorneys to work on multiple documents simultaneously, which is particularly useful during research or when preparing for a case. The split-screen functionality allows lawyers to compare documents side-by-side, making it easier to spot discrepancies or gather information efficiently.

2. Seamless Integration with Legal Apps

The iPad Pro supports a wide range of legal-specific applications that streamline various tasks. Apps like PDF Expert and Goodnotes allow for easy annotation and organization of legal documents, while cloud-based services like Dropbox and iCloud ensure that files are accessible anytime, anywhere. This integration enhances collaboration among legal teams, allowing for real-time updates and seamless communication.

3. Superior Display and Presentation Tools

With its high-resolution display and powerful graphics, the iPad Pro is an excellent tool for presentations. Attorneys can use it to deliver compelling visual arguments in court, utilizing apps like Keynote or PowerPoint. The Apple Pencil further enhances this capability, allowing for precise annotations and drawings directly on the screen, which can be especially useful during trials or client meetings.

4. Robust Security Features

Security is a top priority for legal professionals, and the iPad Pro does not disappoint. With features like Face ID and encrypted storage, attorneys can ensure that sensitive client information remains protected. Additionally, the ability to remotely wipe data in case of loss or theft adds an extra layer of security, giving lawyers peace of mind.

5. Continuous Updates and Support

Will pen & Paper go the way of the dodo birds! 🦤

Apple’s commitment to providing regular software updates ensures that the iPad Pro remains a cutting-edge tool. These updates often include enhancements to security, productivity, and compatibility, ensuring that attorneys can rely on their devices to meet the demands of their practice.

Jeff shares that the iPad Pro is more than just a tablet; it’s a comprehensive tool that can significantly enhance the efficiency and effectiveness of legal practice. As Jeff Richardson emphasizes, embracing technology like the iPad Pro is not just about keeping up with trends but about leveraging these tools to provide better service to clients and improve overall practice management. 

Enjoy and Happy Lawyering!

My Two Cents: The ABA Takes Lawyers’ Use of AI Head-On!

I can’t visit Chicago without stopping by one of my favorite apple stores!

Last week, I attended the ABA 2024 Annual Meeting in Chicago, focusing on the Artificial Intelligence (AI) sessions. This conference followed the release of the ABA’s Formal Opinion 512 on Generative Artificial Intelligence Tools. Over the past few years, the ABA has issued several opinions indirectly addressing AI:

• ABA Formal Opinion 511 (May 8, 2024): Addressing confidentiality obligations when lawyers post to listservs, with implications for the use of large language models (LLMs) and generative AI.

• ABA Formal Opinion 498 (March 10, 2021): Discussing the ethical implications of remote work, including the use of technology such as AI.

• ABA Formal Opinion 482 (September 19, 2018): Addressing ethical obligations related to disasters, including the use of technology to continue providing legal services.

• ABA Formal Opinion 477R (May 11, 2017, revised May 22, 2017): Providing guidance on securing communication of protected client information, including the use of technology such as AI.

Opinion 512 emphasizes that lawyers must balance the benefits of AI tools with their ethical obligations to ensure competent, confidential, and transparent client representation. I plan to delve deeper into Opinion 512 next week. The key takeaway is that as AI technology evolves, ongoing education and vigilance are crucial to maintaining high professional standards in the legal field. This is why I attended the ABA 2024 Conference!

Session Highlights

CLE in the City: AI Hot Topics Every Lawyer Needs to Know

Jayne R. Reardon, discussing the ethical and professional responsibility issues lawyers must be aware of when using AI for their work!

The first session I attended was "CLE in the City: AI Hot Topics Every Lawyer Needs to Know," hosted by Taft Law and moderated by Lucy L. Thompson, Principal at Livingston PLLC. The panel included:

• Leighton Allen, Associate at Foley & Lardner, LLP.

• Jayne R. Reardon, Ethics and Professional Responsibility Counsel

• Magistrate Judge Gabriel A. Fuentes, U.S. Magistrate Judge, Northern District of Illinois

• Josh Strickland, Corporate Vice President, Global Products, Motorola Solutions

• Honorable E. Kenneth Wright, Jr., Presiding Judge, 1st Municipal District, Circuit Court of Cook County

• Professor Daniel W. Linna, Jr., Director of Law and Technology Initiatives, Northwestern Pritzker School of Law, and McCormick School of Engineering

Jayne Reardon discussed the ethical considerations lawyers must address when using AI, covering issues from hallucinations to confidentiality. Judge Fuentes shared his journey from having a no-AI policy to realizing its impracticality, acknowledging that AI is already embedded in tools like spell check, grammar check, and legal research. Ultimately, the responsibility lies with the lawyer to verify their work before submission.

Access to Justice

Another significant topic was access to justice. Judge Wright emphasized the importance of helping economically disadvantaged individuals with their legal matters. When I asked the panel if they knew of any AI tools that were reliable, maintained client PII, and were free to the public, none could provide an example. The general consensus was that this is a significant hurdle in meeting access to justice needs.

AI in Legal Education

Legal experts debate AI ethics at the ABA 2024 Conference

Improving AI is being addressed through both education and development. Professor Linna mentioned that his school is teaching AI to law students, with law students and computer engineers collaborating on AI projects. This is promising, but it raises questions about how well other law schools are addressing this matter. Some schools are only beginning to teach basic automation functions in Microsoft Word, which has been around for decades. 🙄 This disparity highlights the challenge law schools face in keeping up with the rapidly changing technology landscape.

ABA Experts Session: Technology Issues

In this intimate gathering moderated by Anna Mercado Clark, Esq., CIPP/E, CIPP/US, CIPM, FIP, partner at Phillips Lytle LLP and co-leader of its Technology Industry Team, participants engaged in a candid discussion about the concerns surrounding technology in today's legal practice. A primary concern among attendees, including myself, was the impact of AI on the legal profession. Questions arose such as: Will AI replace the need for lawyers? How can lawyers stay updated on AI capabilities and limitations? Do lawyers need to incorporate AI into their practice? What are the courts' stances on AI usage, and to what extent is it permitted?

The discussion built on points from the earlier session but offered unique insights from participants like Justice Robert J. Torres Jr., Chief Justice of the Supreme Court of Guam, and Manuel A. Quilichini García, President of the Puerto Rico Bar Association. They highlighted how AI is affecting lawyers, judges, and court systems, stressing the importance of practical, real-life experiences in integrating AI into legal practice. These real-world insights are crucial for lawyers to navigate the future competently and ethically.

CLE/ETHICS: Ethics, Uses and Abuses of Generative AI (GAI) for Attorneys and Judges: An Interactive Session

This session on the ethics of generative AI, Moderated by Justice Torres, delved into the ethical implications and challenges posed by AI in the legal field. The panel included:

• Hon. Samuel A. Thumma, Arizona Court of Appeals, Division One, who serves on the ABA's Judicial Division and Appellate Judges Conference Ethics & Professional Committees;

• Hon. Kimberly Kim, Assistant Chief Administrative Judge of the California Public Utilities Commission, who serves on the Technology Committee of the AB's Judicial Division;

• Hon. Jennifer A. Mabey, Utah District Court Judge;

• Hon. Stephanie Domitrovich, PhD, Sr. Trial Court Judge of Pennsylvania state courts; and

• Zach Warren from Thomson-Reuters

Lead by Justice Torres, A Panel discusses ethical challenges of AI for lawyers and judges.

This session delved into the ethical implications and challenges posed by AI in the legal field. The panel underscored the necessity for legal professionals to understand the capabilities and limitations of AI technologies to ensure they are used responsibly and ethically. Zach Warren started by providing the audience with a framework that defined key terms. The discussions then focused on maintaining client confidentiality, the accuracy of AI-generated information, and the potential biases embedded in AI systems. Several examples with multiple-choice answers highlighted real-life scenarios, evoking memories of the multi-state portion of the bar exam for some audience members. The program emphasized the importance of continuous education and ethical vigilance as lawyers integrate AI into their practices, ensuring that these technologies enhance rather than undermine the justice system.

Final Thoughts

The ABA 2024 Annual Conference underscored the critical role of AI in modern legal practice and the ethical considerations that come with it. AI is already a part of legal practice, from spell check and grammar check to legal research tools like LexisNexis, Westlaw, and Fastcase. Staying informed and adapting to these changes is essential for maintaining high professional standards and ensuring access to justice for all. If you and your firm are not keeping up with the acceleration of AI, you risk losing clients to more efficient firms, revenue, and scrutiny from your bar association regarding compliance with ethical standards.

Lawyers who do not keep up with the evolving AI landscape will be left behind by those who do!

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Lawyers who do not keep up with the evolving AI landscape will be left behind by those who do! 🚨

MTC

Monday Morning Humor: The Cellular Plan!

Inspired by Nate Fakes at www.NateFakesCartoons.com

Its amazing how mobile technology has a grip on our daily lives, especially in the legal field! 😲

As it grows stronger, does it have global ambitions! 😳

Is SKYNET upon us‼️

Let’s hope not!!!