🚨BOLO: AI Malpractice🚨: Texas Lawyer Fined for AI-Generated Fake Citations! 😮

We’ve been reporting on lawyers incorrectly using AI in their work; but, the lesson has not yet reached all practicing lawyers: Here is another cautionary tale for legal professionals!

No lawyer wants to be disciplined for using generative ai incorrectly - check your work!

A Texas lawyer, Brandon Monk, has been fined $2,000 for using AI to generate fake case citations in a court filing. U.S. District Judge Marcia Crone of the Eastern District of Texas imposed the penalty and ordered Monk to complete a continuing legal education course on generative AI. This incident occurred in a wrongful termination case against Goodyear Tire & Rubber Co., where Monk submitted a brief containing non-existent cases and fabricated quotes. Concernedly, he was using Lexis AI function in his work - check out the report card a Canadian law professor gave Lexis+ AI in my editorial here. The case highlights the ethical challenges and potential pitfalls of using AI in legal practice.

The judge's ruling emphasizes that attorneys remain accountable for the accuracy of their submissions, regardless of the tools used.

Read the full article on Reuters for an in-depth look at this landmark case and its implications for the legal profession.

Be careful out there!

MTC: Social Media Landscape Shift: Legal Implications and Ethical Considerations. 📱⚖️🤔

What can lawyers learn about how social media impacts their practice of law from austrailia’s ban on social media based on age?

The digital landscape is undergoing a seismic shift, with recent developments in Australia and global platform dynamics reshaping how we approach social media. As legal professionals, it's crucial to understand these changes and their implications for our practice and clients.

Australia's Groundbreaking Social Media Ban

In a world-first move, Australia has passed legislation banning social media access for individuals under 16. This unprecedented step puts tech companies on notice to implement stringent age verification measures or face hefty fines of up to AU$50 million (US$32 million). The law, set to take effect after a one-year grace period, will impact major platforms like X (formerly Twitter), TikTok, Instagram, and Facebook.¹

This legislation raises important questions about digital rights, privacy, and the role of technology in young people's lives. As lawyers, we must consider how this might influence our clients' online presence and the potential legal challenges that may arise from such restrictions.

The Exodus from X and the Rise of Alternatives

How does social media’s use of false news impact a lawyer’s daily life?

Concurrent with Australia's legislative action, we're witnessing a significant user migration from X, formerly known as Twitter. Following recent political events, including Donald Trump's re-election, X has experienced its largest user exodus since Elon Musk's takeover. This mass departure is driven by concerns over misinformation, conspiracy theories, and perceived changes in the platform's content moderation policies.

Where are these users going? Several platforms are benefiting from this migration:

1. Bluesky: Developed by Twitter founder Jack Dorsey, Bluesky has seen explosive growth, reaching 20 million users with an average of 1 million new users daily over a five-day period.²

2. Threads: Meta's Twitter alternative, launched last year, boasts around 275 million monthly active users.³

3. Mastodon: This decentralized platform has also seen increased adoption, with app downloads up 47% on iOS and 17% on Android.²

Platform Ideologies and Content Moderation

lawyers need to understand the trustworthiness of the social media platforms they use!

As lawyers, it's essential to understand the ideological leanings and content moderation policies of different platforms:

1. X (formerly Twitter): Under Musk's leadership, X has positioned itself as a free speech platform. However, this approach has led to concerns about the spread of misinformation and hate speech.⁴

2. Facebook and Instagram: Meta's platforms have implemented measures to reduce political content distribution and allow users to opt out of political ads.⁵ However, they still face criticism for the spread of misinformation.

3. TikTok: While popular among younger users, TikTok has faced accusations of censorship, particularly regarding politically sensitive content.⁴

4. YouTube: The platform has implemented policies to combat election misinformation but still faces challenges in consistent enforcement.⁶

5. Reddit: Known for its community-driven moderation, Reddit has also faced criticism for harboring extremist content in certain subreddits.

The Challenge of Misinformation

A key issue across platforms is the spread of false or misleading information. According to a recent Anti-Defamation League report, major social media platforms have weakened their rules against election misinformation. This trend is particularly concerning as we approach the 2024 U.S. presidential election.

As legal professionals, we must be vigilant about the information we consume and share on these platforms. We also need to advise our clients on the potential legal risks associated with spreading misinformation, especially in politically charged environments.

Ethical Considerations for Legal Professionals

The evolving social media landscape presents several ethical considerations for lawyers:

What are the ethical considerations lawyer need to be mindful when on social media?

1. Client Representation: As platforms become more politicized, we must carefully consider how our social media presence might impact our ability to represent clients fairly and impartially.

2. Confidentiality: With increased data collection and potential age verification measures, we must be extra cautious about client confidentiality when using social media.

3. Professional Conduct: Our online behavior reflects on our professional reputation. We must maintain the same level of decorum and ethical standards online as we do in the courtroom.

4. Informed Consent: When advising clients on social media use, especially in light of new regulations like Australia's ban, we must ensure they fully understand the potential legal implications.

The Pursuit of Justice in a Digital Age

As we navigate this complex digital landscape, we must ask ourselves: What kind of legal practice do we want to build, and what types of clients do we want to attract? Our social media presence and the platforms we choose to engage with can significantly influence these outcomes.

We must strive to use social media in a way that upholds the highest standards of our profession. This means:

1. Verifying information before sharing or acting upon it.

2. Respecting the rights and privacy of others, including minors who may be affected by new regulations.

3. Using our platforms to educate and inform, rather than to inflame or mislead.

4. Being transparent about our affiliations and potential conflicts of interest.

Final Thoughts

lawyers need to stay informed about the social media platforms they use.

The rapidly changing social media landscape presents both challenges and opportunities for legal professionals. By staying informed about platform dynamics, understanding the implications of new regulations, and maintaining high ethical standards, we can effectively navigate this digital terrain while upholding the principles of justice and integrity that are fundamental to our profession.

As we move forward, let us remember that our ultimate responsibility is not to any platform or ideology, but to the pursuit of justice and the ethical practice of law. In this digital age, that pursuit may require us to be more discerning, more cautious, and more principled than ever before in our use of social media.

❄️❅☃️❆❄️ Have a Happy Holiday Season!❄️❅☃️❆❄️

MTC

Word of the Week: 📖 What is Malvertising? 🖥️🚨

lawyers should be weary of malvertising when online shopping!

Malvertising, a portmanteau* of "malicious" and "advertising," is a cybersecurity threat where attackers inject malicious code into legitimate online ads. These ads can appear on reputable websites, potentially infecting users' devices with malware or redirecting them to phishing sites. As online advertising grows, malvertising poses an increasing risk to internet users and businesses alike.

Did you know the word "podcast" 🎙️ is a portmanteau too! 😮 It's a made-up word coined from a combination of the words "iPod" and "broadcast"! 🤯

Did you know the word "podcast" 🎙️ is a portmanteau too! 😮 It's a made-up word coined from a combination of the words "iPod" and "broadcast"! 🤯

* I learned a new word this week too!  Also known as a “portmanteau word” is a word blending the sounds and combining the meanings of two others, for example motel (from ‘motor’ and ‘hotel’) or brunch (from ‘breakfast’ and ‘lunch’.

Wednesday “How too …”: 🔒 Securing Cloud Storage for Lawyers: Best Practices and Ethical Considerations!

As a lawyer, protecting client data is not just a best practice—it's an ethical obligation. There are too many providers to give step-by-step instructions in a “How to” post. But here’s how to ensure any cloud storage is secure while adhering to ABA Model Rules:
(Note that in future postings, we’ll delve deeper into some of the topics below).

Choose a Secure Provider 🛡️

Lawyers have an ethical duty to ensure information they store on the cloud is secure!

Select a cloud service that offers:

• End-to-end encryption 🔐

• Compliance with legal industry standards (e.g., HIPAA) 📋

• Strong authentication methods 🔑

• Regular security audits 🕵️‍♂️

Implement Strong Access Controls 🚫

• Enable multi-factor authentication (MFA) for all accounts 📱

• Set up role-based access controls 👥

• Regularly review and update user permissions 🔄

 Encrypt Everything 🔒

• Use end-to-end encryption for all client data

• Consider additional tools like Cryptomator for highly sensitive documents 🗄️

Secure File Sharing 📤

• Use secure file sharing features provided by your cloud service

• Set expiration dates and passwords for shared links ⏳🔑

• Avoid sharing sensitive information via email 🚫📧

Regular Security Audits 🔍

• Conduct periodic reviews of your firm's data security practices

• Keep all security software and systems up-to-date 🔄

• Review access logs for any suspicious activity 👀

"Cybersecurity isn't a single step 🔒 — it's a multifaceted priority 📚 every lawyer must understand!"

"Cybersecurity isn't a single step 🔒 — it's a multifaceted priority 📚 every lawyer must understand!"

Cybersecurity isn't a single step 🔒—it's a multifaceted priority 📚 every lawyer must understand!

Educate Staff and Clients 📚

• Train staff on data security best practices 👨‍🏫

• Inform clients about your data security measures 📢

• Obtain informed consent from clients for cloud storage use ✍️

Implement Backup and Recovery Plans 💾

• Regularly backup all client data

• Test data recovery procedures periodically 🔄

• Ensure backups are also encrypted and securely stored 🔐

Use Secure Communication Channels 💬

• Implement encrypted email or secure client portals for communication

• Avoid discussing sensitive information over unsecured channels 🚫📱

Monitor for Threats 🕵️‍♀️

lawyers need to stay up-to-date on new cloud security developments and cyberattacks on the cloud-storage/backup platform of choice.

• Use advanced threat detection tools 🛠️

• Stay informed about the latest cybersecurity threats 📰

• Have an incident response plan in place 🚨

Comply with Ethical Guidelines 📜

• Stay updated on your state bar's ethics opinions regarding cloud storage

• Ensure your practices align with ABA Model Rules 1.1 (Competence) and 1.6 (Confidentiality) ⚖️

By following these steps, lawyers can significantly enhance the security of client data stored in the cloud, meeting their ethical obligations and protecting sensitive information from unauthorized access or breaches. 🛡️👨‍⚖️👩‍⚖️

🎙️ Ep 101, Unpacking Tech Travel Tips with Globetrotting Pro, Pete Harman, your essential guide toward connectivity on the go!

Our next guest is Pete Harmon. Pete is not just a veteran and an experienced pilot for a major air delivery service with decades of travel experience but also the co-host of the long-running "Mac Geek Gab" podcast and the creator of "So There I Was," an aviation-focused storytelling podcast. In this episode, Pete shares his wealth of knowledge on staying connected while traversing the globe. His insights are particularly valuable for legal professionals who need to maintain seamless communication and productivity, whether they're traveling locally, across state lines, or internationally. From essential gadgets to connectivity hacks, Pete's tips will help you navigate the digital landscape of modern travel with confidence.

To cap off our episode, Pet shares a riveting war-era anecdote about a pilot blinded in action who ingeniously used his plane's mechanical technology to rescue an injured marine 20 miles away!

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

1. What are the top three tech tips for getting on and using the internet during your national and international travels?

2. What are your favorite top three war stories regarding computer tech issues on the road?

3. What are the top three tech gadgets you bring besides your phone, laptop, or tablet when traveling?

B1  What are Pete’s top three favorite non-tech gadgets he brings on travel?

B2.  What are Pete's top three tips or suggestions about going through security with tech?

In our conversation, we cover the following:

[00:42] Pete's Tech Setup

[05:57] Top 3 Tech Tips for Staying Connected While Traveling

[17:52] War Stories and Tech Mishaps

[26:50] 3 Must-Have Tech Gadgets for Travel

[32:11] Favorite Non-Tech Gadgets for Travel

[42:22]  Connect with Pete

Resources:

Connect with Pete:

• Mac Geek Gab: macgeekgab.com/

• So There I Was: sothereiwas.us/

Hardware mentioned in the conversation:

• AirFly Pro: twelvesouth.com/products/airfly

• Anker 100W Cube Charger: anker.com/products/a2343-100w-usb-c-charger

• Anker Slim Flat Laptop Charger: anker.com/collections/for-laptops

• Audio-Technica USB Microphone: audio-technica.com/en-eu/microphones/wired/type/usb

• GL-MT3000 Travel Router: gl-inet.com/products/gl-mt3000/

• Pokefi Portable WiFi: mypokefi.com/

• Ultimate Ears Bluetooth Speaker: ultimateears.com/en-us

Software & Cloud Services mentioned in the conversation:

• AT&T: att.com/international/

• Channels DVR: getchannels.com/dvr-server/

• Mint Mobile: mintmobile.com/

• NeverSSL – neverssl.com/

• OpenVPN – openvpn.net/

• SiriusXM: siriusxm.com/

• Synology NAS: synology.com/en-au/support/nas_selector

• T-Mobile: t-mobile.com/cell-phone-plans/international-roaming-plans

• TuneIn: tunein.com/

• Verizon: verizon.com/plans/international/international-travel/

• WireGuard VPN– wireguard.com/

⚖️🛒⚠️ Lawyers Beware This Black Friday/Cyber Monday: Balancing Bargains and Cybersecurity! 💻🔒

As the holiday shopping season kicks into high gear, consumers are eagerly anticipating the deals and discounts that come with Black Friday and Cyber Monday. These annual shopping events have become synonymous with significant savings, particularly on tech devices. This time of year makes a compelling case for attorneys to replace or upgrade their tech. However, while the economic benefits of online shopping during this period are undeniable, the rise in cybercrime and scams poses a serious concern. Let's discuss the pros and cons of this digital shopping phenomenon and the precautions consumers should take.

The Economic Upside

Black Friday and Cyber Monday have evolved into major economic drivers, with online sales reaching unprecedented heights. In 2023, U.S. consumers spent a staggering $9.8 billion online on Black Friday alone. This surge in e-commerce activity not only benefits consumers but also contributes significantly to the overall economy.

Cost Savings and Accessibility

One of the primary advantages of online shopping during these events is the substantial cost savings on tech devices. Retailers often reserve their best deals for online shoppers, offering huge discounts on various products, including electronics. This allows consumers to access premium gadgets and software at a fraction of their regular price, making high-end technology more accessible to a broader audience.

Technological Advancements

The increasing popularity of online shopping has spurred technological innovations in e-commerce. For instance, artificial intelligence (AI) played a significant role in driving sales growth during the 2023 Black Friday and Cyber Monday events, with billions of spending influenced by AI through targeted offers, product recommendations, and generative AI chat services. This push for innovation benefits consumers with more personalized shopping experiences and helps businesses optimize their operations.

The Dark Side of Digital Deals

While the economic benefits are clear, the rise of online shopping during Black Friday and Cyber Monday has also created fertile ground for cybercriminals and scammers. The sheer volume of transactions and the urgency to secure deals make consumers particularly vulnerable during this period.

Proliferation of Scams

The holiday shopping season sees a significant uptick in various types of scams. In the UK alone, consumers lost over £11.5 ($14.48*) million to online shopping scams between November 2023 and January 2024, with an average loss of £695 ($874.81*) per victim. These scams range from phishing emails and fake websites to social media fraud and e-skimming.

* The dollar value of this conversion was made around the time of publishing this editorial.

Cybersecurity Risks

The rush to capitalize on deals often leads consumers to let their guard down, making them more susceptible to cyber threats. Malvertising incidents in the U.S. saw a 41% increase from July to September leading into the holiday shopping season. This surge in malicious advertising puts consumers at risk of malware infections and data theft.

Financial and Personal Data Theft

Cybercriminals employ sophisticated techniques to steal financial and personal information. Credit card skimmers, for instance, can be injected into legitimate websites, allowing scammers to capture credit card data without the consumer's knowledge. This not only leads to financial losses but can also result in identity theft and long-term credit issues.

Navigating the Digital Shopping Landscape Safely

Despite the risks, the economic benefits of online shopping during Black Friday and Cyber Monday are too significant to ignore. However, consumers must approach these events with caution and awareness.

Verify Before You Buy

Always double-check the legitimacy of websites and offers. Be wary of deals that seem too good to be true, and avoid clicking on unfamiliar links or pop-up ads. Instead, go directly to known retailer websites to verify deals and make purchases.

Secure Your Transactions

When making online purchases, use secure payment methods like credit cards, which offer better fraud protection than debit cards. Avoid using public Wi-Fi networks for shopping, and consider using a virtual private network (VPN) for an added layer of security.

Stay Informed and Vigilant

Keep yourself updated on the latest scam tactics and be vigilant about protecting your personal and financial information. Be cautious of unsolicited emails, text messages, or social media posts advertising deals, as these are common vectors for phishing attempts.

Leverage Technology Wisely

While AI and other technologies have enhanced the shopping experience, they've also been weaponized by scammers. Use technology to your advantage by employing security software, transaction monitoring services, and official retailer apps to ensure safer shopping.

Final Thoughts

The economic benefits of buying tech devices online during Black Friday and Cyber Monday are substantial. Consumers are offered unprecedented access to discounts and driving significant economic growth. However, these benefits come with the caveat of increased cybersecurity risks and scam prevalence.

As we navigate this digital shopping landscape, it's crucial to strike a balance between capitalizing on deals and maintaining vigilance against potential threats. By adopting safe shopping practices, staying informed about potential risks, and leveraging technology responsibly, consumers can enjoy the economic advantages of these shopping events while minimizing their exposure to scams and cyber threats.

Ultimately, the future of Black Friday and Cyber Monday online shopping will depend on the collective efforts of consumers, retailers, and cybersecurity experts to create a safer digital marketplace. As these events continue to evolve, so too must our approaches to security and consumer education, ensuring that the economic benefits of online shopping can be enjoyed without compromising personal and financial safety. And ideally by doing so, help prevent the unwanted holiday grinch of the bar ethics scrutiny.

❄️❅☃️❆❄️ Have a Happy Holiday Season!❄️❅☃️❆❄️

MTC

Wednesday "How to ....": Enable Remote Wipe Capabilities 🧹 (Mobile Phone📱/Tablet Edition)

Setting up remote wipe capabilities is crucial for protecting your data on both phones and tablets if they're lost or stolen. Here's how to enable this feature across iOS and Android devices:

For iPhone and iPad 🍎

The process is identical for both iPhones and iPads:

1. Enable "Find My":

•   Go to Settings > [Your Name] > Find My

•   Toggle on "Find My iPhone" (or "Find My iPad")

•   Enable "Send Last Location" for better tracking

2. To remotely wipe your device:

•   Visit iCloud.com/find on a computer or another device

•   Sign in with your Apple ID

•   Select your lost device from the list

•   Click "Erase iPhone/iPad"

•   Confirm the action

For Android Phones and Tablets 🤖

The process is similar for Android phones and tablets:

1. Enable Find My Device:

•    Go to Settings > Security > Find My Device

•    Toggle it on if not already enabled

2. To remotely wipe your device:

•    Visit android.com/find on a computer or another device

•    Sign in with the Google Account associated with your lost device

•    Select your device (phone or tablet)

•    Choose "Erase device"

•    Confirm the action

Tablet-Specific Considerations 📱

For tablets that don't have cellular connectivity:

• Ensure your tablet is connected to Wi-Fi regularly

• Set up automatic connections to known Wi-Fi networks

• For iPads, enable "Find My network" to locate your device even when it's offline

For Android tablets:

• Some may require you to download the "Find My Device" app from the Google Play Store

• Ensure Location services are enabled for better tracking

Additional Tips for Both Phones and Tablets 💡

• Regularly update your device's operating system

• Use strong, unique passcodes or biometric locks

• Back up your data frequently to cloud services

• For work devices, consult your IT department about Mobile Device Management (MDM) solutions

By enabling these features on all your mobile devices - phones and tablets alike - you'll have a safety net in place to protect your data if any of your devices are lost or stolen. Remember, remote wiping should be used as a last resort when you're certain you can't recover your device.

MTC/🚨BOLO🚨: Lexis+ AI™️ Falls Short for Legal Research!

As artificial intelligence rapidly transforms various industries, the legal profession is no exception. However, a recent evaluation of Lexis+ AI™️, a new "generative AI-powered legal assistant" from LexisNexis, raises serious concerns about its reliability and effectiveness for legal research and drafting.

Lexis+ AI™️ gets a failing grade!

In a comprehensive review, University of British Columbia, Peter A. Allard School of Law law Professor Benjamin Perrin put Lexis+ AI™️ through its paces, testing its capabilities across multiple rounds. The results were disappointing, revealing significant limitations that should give legal professionals pause before incorporating this tool into their workflow.

Key issues identified include:

1. Citing non-existent legislation

2. Verbatim reproduction of case headnotes presented as "summaries"

3. Inaccurate responses to basic legal questions

4. Inconsistent performance and inability to complete requested tasks

Perhaps most concerning was the AI's tendency to confidently provide incorrect information, a phenomenon known as "hallucination" that poses serious risks in the legal context. For example, when asked to draft a motion, Lexis+ AI™️ referenced a non-existent section of Canadian legislation. In another instance, it confused criminal and tort law concepts when explaining causation.

These shortcomings highlight the critical need for human oversight and verification when using AI tools in legal practice. While AI promises increased efficiency, the potential for errors and misinformation underscores that these technologies are not yet ready to replace traditional legal research methods or professional judgment.

For lawyers considering integrating AI into their practice, several best practices emerge:

lawyers need to be weary when using generative ai! 😮

1. Understand the technology's limitations

2. Verify all AI-generated outputs against authoritative sources

3. Maintain client confidentiality by avoiding sharing sensitive information with AI tools

4. Stay informed about AI developments and ethical guidelines

5. Use AI as a supplement to, not a replacement for, human expertise

Just like in the United States, Canadian law societies and bar associations are beginning to address the ethical implications of AI use in legal practice. The Law Society of British Columbia has published guidelines emphasizing the importance of understanding AI technology, prioritizing confidentiality, and avoiding over-reliance on AI tools. Meanwhile, The Law Society of Ontario has set out its own set of similar guidelines. Canadian bar ethics codes may be structured somewhat differently than the ABA Model Rules of Ethics and some of the provisions may diverge from each other, the themes regarding the use of generative AI in the practice of law ring similar to each other.

Canadian law societies and bar associations, mirroring their U.S. counterparts, are actively addressing the ethical implications of AI in legal practice. The Law Society of British Columbia has issued comprehensive guidelines that underscore the critical importance of understanding AI technology, safeguarding client confidentiality, and cautioning against excessive reliance on AI tools. Similarly, the Law Society of Ontario has established its own set of guidelines, reflecting a growing consensus on the need for ethical AI use in the legal profession.

While the structure of Canadian bar ethics codes may differ from the ABA Model Rules of Ethics, and specific provisions may vary between jurisdictions, the overarching themes regarding the use of generative AI in legal practice are strikingly similar. These common principles include:

1. Maintaining competence in AI technologies

2. Ensuring client confidentiality when using AI tools

3. Exercising professional judgment and avoiding over-reliance on AI

4. Upholding the duty of supervision when delegating tasks to AI systems

5. Addressing potential biases in AI-generated content

Hallucinations can end a lawyers career!

This alignment in ethical considerations across North American jurisdictions underscores the universal challenges and responsibilities that AI integration poses for the legal profession. As AI continues to evolve, ongoing collaboration between Canadian and American legal bodies will likely play a crucial role in shaping coherent, cross-border approaches to AI ethics in law.

It is crucial for legal professionals to approach these tools with a critical eye. AI has the potential to streamline certain aspects of legal work. But Professor Perrin’s review of Lexis+ AI™️ serves as a stark reminder that the technology is not yet sophisticated enough to be trusted without significant human oversight.

Ultimately, the successful integration of AI in legal practice will require a delicate balance – leveraging the efficiency gains offered by technology while upholding the profession's core values of accuracy, ethics, and client service. As we navigate this new terrain, ongoing evaluation and open dialogue within the legal community will be essential to ensure AI enhances, rather than compromises, the quality of legal services.

MTC

🎙️ Ep. 100: Guest Host Carolyn Elefant Catching Up with Your Tech-Savvy Lawyer Blogger And Podcaster!

In this special 100th Episode, guest host Carolyn Elefant catches up with your tech-savvy lawyer, blogger, and podcaster. We discuss my current tech setup, how technology is changing legal practice, and the impact of AI on client communication and law work. We also discuss practical tips for using tech tools effectively to improve efficiency and strengthen client relationships.

This milestone episode is full of insights for lawyers, judges and legal practitioners looking to stay ahead in legal tech!

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

1. How have some of the other legal tech tools that Michael uses transformed the way that he works with clients and deliver service to them since the 50th episode?

2. What are the challenges as well as the opportunities legal professionals who use technologies like AI, like gen AI are having and what are the implications they have for client confidentiality and data security?

3. What are the most significant challenges and opportunities Michael has observed for legal professionals using technology to enhance client confidentiality and data security?

In our conversation, we cover the following:

[01:03] Michael's Current Tech Setup

[04:13] Legal Tech Tools and Client Communication

[07:04] Evolution of AI in Legal Practice

[09:50] Challenges and Opportunities with AI

[15:40] Practical Advice for Tech Use in Legal Practice

[21:08] Connect with Carolyn

Connect with Carolyn:

Linkedin: linkedin.com/in/carolynelefant/

Website: myshingle.com/

Resources:

Hardware mentioned in the conversation:

• Blue Yeti Microphone: logitechg.com/en-us/products/streaming-gear/yeti-premium-usb-microphone

• Elgato Ring Light: elgato.com/us/en/p/ring-light

• Elgato Stream Deck: elgato.com/ww/en/s/welcome-to-stream-deck

• Shure MV7 Microphone:shure.com/en-US/products/microphones/mv7

Software & Cloud Services mentioned in the conversation:

• Apple Encryption: support.apple.com/en-us/HT204455

• Backblaze: backblaze.com/

• Carbon Copy Cloner: bombich.com/

• NordVPN: nordvpn.com/

• Setapp: setapp.com/

• Text Expander: textexpander.com/

MTC: Can Lawyers Ethically Use Generative AI with Public Documents? 🤔 Navigating Competence, Confidentiality, and Caution! ⚖️✨

Lawyers need to be concerned with their legal ethics requirements when using AI in their work!

After my recent interview with Jayne Reardon on The Tech-Savvy Lawyer.Page Podcast 🎙️ Episode 99, it made me think: “Can or can we not use public generative AI in our legal work for clients by only using publicly filed documents?” This question has become increasingly relevant as tools like ChatGPT, Google's Gemini, and Perplexity AI gain popularity and sophistication. While these technologies offer tantalizing possibilities for improving efficiency and analysis in legal practice, they also raise significant ethical concerns that lawyers must carefully navigate.

The American Bar Association (ABA) Model Rules of Professional Conduct (MRPC) provide a framework for considering the ethical implications of using generative AI in legal practice. Rule 1.1 on competence is particularly relevant, as it requires lawyers to provide competent representation to clients. Many state bar associations provide that lawyers should keep abreast of the benefits and risks associated with relevant technology. This scrutiny highlights AI’s growing importance in the legal profession.

However, the application of this rule to generative AI is not straightforward. On one hand, using AI tools to analyze publicly filed documents and assist in brief writing could be seen as enhancing a lawyer's competence by leveraging advanced technology to improve research and analysis. On the other hand, relying too heavily on AI without understanding its limitations and potential biases could be seen as a failure to provide competent representation.

The use of generative ai can have complex ethic's’ requirements.

The duty of confidentiality, outlined in 1.1, presents another significant challenge when considering the use of public generative AI tools. Lawyers must ensure that client information remains confidential, which can be difficult when using public AI platforms that may store or learn from the data input into them. As discussed in our October 29th editorial, The AI Revolution in Law: Adapt or Be Left Behind (& where the bar associations are on the topic), state bar associations are beginning (if not already begun) scrutinizing lawyers use of generative AI. Furthermore, as Jayne Reardon astutely pointed out in our recent interview, even if a lawyer anonymizes the client's personally identifiable information (PII), inputting the client's facts into a public generative AI tool may still violate the rule of confidentiality. This is because the public may be able to deduce that the entry pertains to a specific client based on the context and details provided, even if they are "whitewashed." This raises important questions about the extent to which lawyers can use public AI tools without compromising client confidentiality, even when taking precautions to remove identifying information.

State bar associations have taken varying approaches to these issues. For example, the Colorado Supreme Court has formed a subcommittee to consider recommendations for amendments to their Rules of Professional Conduct to address attorney use of AI tools. Meanwhile, the Iowa State Bar Association has published resources on AI for lawyers, emphasizing the need for safeguards and human oversight.

The potential benefits of using generative AI in legal practice are significant. As Troy Doucet discussed in 🎙️Episode 92 of The Tech-Savvy Lawyer.Page Podcast, AI-driven document drafting systems can empower attorneys to efficiently create complex legal documents without needing advanced technical skills. Similarly, Mathew Kerbis highlighted in 🎙️ Episode 85 how AI can be leveraged to provide more accessible legal services through subscription models.

Do you know what your generative ai program is sharing with the public?

However, the risks are equally significant. AI hallucinations - where the AI generates false or misleading information - have led to disciplinary actions against lawyers who relied on AI-generated content without proper verification. See my editorial post My Two Cents: If you are going to use ChatGTP and its cousins to write a brief, Shepardize!!! Chief Justice John Roberts warned in his 2023 Year-End Report on the Federal Judiciary that "any use of AI requires caution and humility".

Given these considerations, a balanced approach to using generative AI in legal practice is necessary. Lawyers can potentially use these tools to analyze publicly filed documents and assist in brief writing, but with several important caveats:

1. Verification: All AI-generated content must be thoroughly verified for accuracy. Lawyers cannot abdicate their professional responsibility to ensure the correctness of legal arguments and citations.

2. Confidentiality: Extreme caution must be exercised to ensure that no confidential client information is input into public AI platforms.

3. Transparency: Lawyers should consider disclosing their use of AI tools to clients and courts, as appropriate.

The convergence of ai, its use in the practice of law, and legal ethics is here now1

4. Understanding limitations: Lawyers must have a solid understanding of the capabilities and limitations of the AI tools they use.

5. Human oversight: AI should be used as a tool to augment human expertise, not replace it.

This blog and podcast has consistently emphasized the importance of these principles. In our discussion with Katherine Porter in 🎙️ Episode 88, we explored how to maximize legal tech while avoiding common pitfalls. In my various posting, there has always been an emphasis on the need for critical thinking and careful consideration before adopting new AI tools.

It's worth noting that the legal industry is still in the early stages of grappling with these issues. As Jayne Reardon explored in 🎙️ Episode 99 of our podcast, the ethical concerns surrounding lawyers' use of AI are complex and evolving. The legal profession will need to continue to adapt its ethical guidelines as AI technology advances.

While generative AI tools offer exciting possibilities for enhancing legal practice, their use must be carefully balanced against ethical obligations. Lawyers can potentially use these tools to analyze publicly filed documents and assist in brief writing, but they must do so with a clear understanding of the risks and limitations involved. As the technology evolves, so too must our approach to using it ethically and effectively in legal practice.

MTC