🎙️Ep. 99: Navigating the Intersection of Law Ethics and Technology with Jayne Reardon.

Meet Jayne Reardon, a nationally renowned expert on legal ethics and professionalism who provides ethics, risk management, and regulatory advice to lawyers and legal service providers. Jayne is an experienced trial lawyer who has tried cases in state and federal courts across Illinois and on appeal up to the United States Supreme Court. She also sits on the national roster of the American Arbitration Association for Commercial and Consumer Arbitration. Moreover, she is a certified neutral in the Early Dispute Resolution Process. Jayne's experience includes service as Executive Director of the Illinois Supreme Court Commission on Professionalism, an organization dedicated to promoting ethics and professionalism among lawyers and judges, and disciplinary counsel for the Illinois Attorney Registration and Disciplinary Commission.

In today's conversation, Jayne explores ethical concerns for lawyers using AI, focusing on ABA Model Rules. She also discusses billing ethics, advising transparency in engagement letters and time tracking. Furthermore, Jayne highlights online civility, warning against impulsive posts and labeling, and real-life cases to underscore the importance of ethical vigilance in AI-integrated legal practice.

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

1. What are your top three warnings to lawyers about using AI in line with the ABA model rules of ethics?

2. Some lawyers are creating DIY services online through chatbots, AI for clients, through chatbots and AI for clients to handle their legal affairs. What are the top three ethical concerns these lawyers should be wary of when creating these services?

3. What are your top three suggestions about lawyers being civil to one another and others online?

In our conversation, we cover the following:

[01:11] Jayne's Current Tech Setup

[04:50] Handling Tech Devices and Daily Usage

[08:51] Ethical Considerations for AI in Legal Practice

[19:21] Ethical Considerations for AI-Assisted Services

[26:37] Civility in Online Interactions

[30:58] Connect with Jayne

Resources:

Connect with Jayne:

• E-mail: jayne.reardon@fisherbroyles.com

• LinkedIn: linkedin.com/in/jaynereardon/

Hardware mentioned in the conversation:

• AirPods: apple.com/airpods/

• Apple Watch: apple.com/watch/

• iPad: apple.com/ipad/

• iPhone: apple.com/iphone/

• Mac: apple.com/mac/

• PC (Windows device): microsoft.com/en-us/windows

Software & Cloud Services mentioned in the conversation:

• LexisNexis AI: lexisnexis.com/en-us/gateway.page

• Westlaw AI: legal.thomsonreuters.com/en/products/westlaw-edge

* the “W-Calendar” program I refered to apparently is no longer an active software program available for purchase.

Shout Out: Your The Tech-Savvy Lawyer Blogger/Award-Winning Podcaster Will Be A Speaker at the 2025 ABA Techshow!

I’ll be co-presenting on two sessions in chicago at the aba techshow 2025!

I'm thrilled to share some exciting news with The Tech-Savvy Lawyer community! I've been invited to speak at the ABA Techshow 2025, taking place April 2-5, 2025, at the Hyatt Regency McCormick Place. This annual event brings together the brightest minds in legal technology, and I'm honored to contribute my expertise. I'll be co-presenting two sessions: "How to Leverage Video to Build Your Brand, Dominate SEO, and Attract The Best Clients" and "Innovations in Client Intake: Leveraging Technology for Better Outcomes." I'm looking forward to sharing insights and connecting with fellow legal tech enthusiasts.

I can’t wait to see you all there!!!

Stay tuned for more details on this incredible opportunity!

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!

🧑🏻‍💻

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!

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

Bonus Episode: Unleashing Tech at the 2024 ABA Tech Show a Cross Podcast Examination With Mathew Kerbis and Your Tech-Savvy Lawyer !

In this special edition of the Tech Savvy Lawyer Podcast, I am thrilled to host a dynamic conversation with Mathew Kerbis, the distinguished “Subscription Attorney” and a recent recipient of the James Keane Award. Together, we provide a comprehensive recap and insightful analysis of the groundbreaking innovations showcased at the ABA Tech Show 2024 in Chicago.

In our conversation, we cover the following:

[02:14] Tech Show Takeaways: AI in Legal Innovation

[07:27] Beyond Billable Hours: Alternative Fee Structures in the Legal Profession

[11:45] Ethical Landscape of AI in Legal Practice

[16:09] Future of Legal Tech

[29:16] Hardware and Software Upgrades for Podcasting: Tips and Tricks

[33:21] Portable Podcasting Setups: Tips and Tricks for On-Site Recordings

[39:29] AI in Legal Practice: Leveraging Tools Responsibly

[44:55] Enhancing Practice Efficiency and Accessibility

[48:49] Evolution of Legal Tech: User-Friendly Solutions for Solos and Small Firms

RESOURCES:

Connect with Mathew:

• LinkedIn: linkedin.com/in/kerbisverse/

• Website: lawsubscribed.com/

Hardware mentioned in the conversation:

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

• iD14: audient.com/products/audio-interfaces/id14

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

• Snowball microphone:logitechg.com/en-us/products/streaming-gear/snowball-ice-usb-microphone

Software & Cloud Services mentioned in the conversation:

• Amazon Prime: amazon.com/amazonprime

• Clio: clio.com/

• Daylight: daylightlaw.com/

• Descript: descript.com/

• FileVine: filevine.com/

• LexisNexis: lexisnexis.com/

• Paxton: paxton-access.com/

• PDF deck: pdfdeck.com/

• Squadcast: squadcast.fm/

• Universal Migrator:universalmigrator.com/

• Westlaw: legal.thomsonreuters.com/en/westlaw

• Zapier: zapier.com/

My Two Cents: If you are not using Technology in your law practice and are not going to the ABA TECHSHOW, you will likely be replaced by those who at least go to the TECHSHOW!

THe Tech-savvy lawyer at the 2024 aba techshow in chicago!

I just got back from Chicago after attending last week's ABA TECHSHOW! And I had a blast. It was not just because it had technology (and I'm a geek) or just because I am a lawyer (which is my day job). It was because the TECHSHOW provided a great marriage of the two to show and teach lawyers how technology can improve their practice of law.

The conference started off with an intro session titled "Your Future Starts Here: Technology and the Era of Legal Practice." Speakers Cynthia Thomas, Jayne Reardon, Dan Pinngton, and Reid Trautz gave a great session discussing the changing nature of legal work and the world in which we practice. The conference had a great mix of how lawyers use technology, like Brett Burney and Tara Cheever's two-part session on Winning Trials with TrialPad or Dan Dan Siegel and Pamela Myers session on Using PDFs and Adobe Acrobat in Your Law Office or Alicia Aquino and Heidi Barcus' session on electronically organizing your trial documents from beginning to voir dire or Barron Henley of Affinity Consulting Group session on Word Power Tips for Legal Users – if you are not mastering the power of Word then you are wasting a lot of time!  And there were many more engaging and informative sessions!

Judge (ret.) Herbert Dixon, Jr. and Judge Scott Schlegel share their insights and experiences on technology in the courtroom!

There were many sessions on the practical and ethical concerns about the use of AI. There were plenty of sessions on improving a firm's online marketing, introducing numerous Law Practice Management companies, and getting your firm's mentality to embrace technology in their legal work. Lastly, one of my favorite sessions was with Judge (ret.) Herbert Dixon, Jr. and Judge Scott Schlegel on Embracing the Digital Courtroom: Exploring Current and Future Trends. They gave a great history of the courthouse's use of technology in trial and its future! Meanwhile, many legal technology companies were on display on the vendor's floor – everything from LPMs like CLIO, Filevine, Practice Panther, and more, virtual assistants, marketing, Fujitsu/RICOH with their solo- to small-firm cornerstone hardware, the ScanSnap, and many more! 

Catching up with previous podcast guest annette choti of law quill!

The finishing highlight was the infamous 60 in 60, where some of the ABA's brightest highlight 60 tech programs, hardware, and work-tricks in 60 minutes!

The next TECHSHOW will be held at a new hotel in Chicago from April 2 - 5, 2025!

I hope to see you there!

🏆 ABA TECHSHOW 2024 Start-Up Alley Pitch Winner and Contestants!

BOB AMBROGI MODERATES THE 2024 START-UP ALLEY PITCH COMPETITION

Congrats to AltFee for Winning 🥇 the ABA TECHSHOW Start-Up Alley Competition. This contest is an annual event where legal tech startups compete for exposure and recognition by showcasing their innovative solutions designed to improve various aspects of the legal industry. The competition kicks off the American Bar Association's TECHSHOW.

Congratulations to Skribe.ai for coming in second 🥈 and Paxton AI for placing third 🥉. Contestants get a special booth on the vendor floor at the ABA TECHSHOW Conference. The winner will get a package of marketing and advertising prizes.

Congrats to the Winner and all the Finalists!

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Congrats to the Winner and all the Finalists! 🏅🏆🏅

The Contestants and Winner are listed alphabetically listed below:

2nd Chair:  2ndChair.ai offers an AI-powered legal assistant designed to support lawyers with case preparation, research, and analysis.

Ai.Law: Ai.Law provides AI-generated litigation documents, from pleadings to discovery.

🥇 AltFee: AltFee revolutionizes law firm pricing by offering a foundation for alternative fee structures.

CONGRATS TO ALTFEE FOR WINNING!

Altumatim: Altumatim is the story-based eDiscovery platform that fully automates document review and finds the most important evidence by learning the story the attorney wants to tell.

Beagle: DiscoverBeagle.com offers an AI-powered tool that simplifies legal research by quickly analyzing and summarizing complex legal documents.

BriefCatch:  BriefCatch is a software tool that offers real-time editing suggestions to improve legal writing, including suggestions for clarity, conciseness, and persuasiveness.

Civille:  Civille provides technology solutions and digital marketing services tailored for law firms to enhance their online presence and client engagement.

Gretchen:  Gretchen securely accesses relevant client documents and drafts instant email responses, seamlessly blending into existing workflows without compromising document security..

CONGRATS TO SKRIBE FOR SECOND PLACEMENT!

Henchman:  Henchman automatically centralizes past clauses and definitions from any legal team’s contract database and delivers them intelligently in lawyers’ familiar Microsoft Word or Outlook environments.

Lexamica:  Lexamica connects law firms for case referrals, optimizing practices and revenue with tracked placements and payments.

LexSelect: LexSelect streamlines trial prep by automating workflows associated with reviewing transcript evidence.

🥉 Paxton AI: Paxton AI develops advanced legal research tools powered by artificial intelligence, providing legal professionals with swift and accurate access to a comprehensive database of laws, regulations, and case law to streamline the legal research and drafting process.

Recital:  RecitalApp.com offers a cloud-based platform designed to simplify and enhance the management of legal negotiation through automation, collaboration, and integrated compliance tools.

CONGRATS TO PAXTON.AI FOR THIRD PLACE!

Resolutn:  Resolutn.com offers conflict resolution services, leveraging technology to streamline and enhance the mediation and arbitration process.

🥈 Skribe.ai: Skribe captures legal testimony with software that dramatically lowers costs by 50% and speeds up the process 10x.

Hello from the ABA TECHSHOW 2024 in Chicago!

I’m all registered for the ABA TECHSHOW 2024!

I’m excited to catch up with friends and colleagues as we learn more about some of the best practices for #ArtificialIntellegence in the practice of law!

Be sure to say “hi” if you see me!

#ABATECHSHOW #LEGALTECHNOLOGY

Reminder to say "Hi" 🙋🏻‍♂️ in Chicago at the ABA TECHSHOW 2024!

I hope to SEE YOU AT THIS WEEK’S ABA TECHSHOW 2024

I hope to see you at the 2024 ABA Techshow in Chicago this week! The sessions will discuss the latest legal technologies transforming the profession. From a Start-Up Pitch Competition to discussions on ethical AI applications in law and more, this event is a must-attend for legal professionals keen on staying ahead. Network, learn, and discover innovations on the vendor floor. Don't miss this opportunity to evolve your practice with cutting-edge tools and insights.

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The printing on each mug may differ based on supplies.

If you see me there, be sure to say "Hi"! 🤗

Remember, the first five people who approach me and tell me that they listen to the The Tech-Savvy Lawyer.Page Podcast get a free The Tech-Savvy Lawyer.Page Coffee Mug! ☕️

(Note - any previous mug recipient (whether as a contestant or guest) is excluded.)

SHOUT OUT! Discover The Future Of Lawyering: Join The Tech Savvy Lawyer At The 2024 ABA Techshow In Chicago

Come out to the ABA Techshow 2024  in Chicago, IL from February 14-19.  Here, you'll learn new technology being utilized in the practice of law.  As the legal profession has witnessed a remarkable evolution for the marriage of law and technology, lawyers need to keep up to date on these rapid advancements in technology. The ABA TECHSHOW 2024 offers a comprehensive schedule that spans several days, focusing on the intersection of technology and the legal profession both from a functional and ethical perspective.

Please say hello if you see me at the conference!

From the "Start-Up Pitch Competition" of 15 startups who " ... will face off in a pitch competition – judged by TECHSHOW attendees – to pick the most innovative startup for the year," to previous podcast guests talking about subjects near and dear to them including - Brett Burney (Winning Trial with TrialPad), Daniel Siegle (Using PDFs and Adobe Acrobat in Your Law Office), Judge (retired) Herbert B. Dixon, Jr. (Artificial Intelligence (AI) powered Large Language Model (LLM) technology - Disruption of the Legal Profession Has Just Begun), Nicole Black (Small Firms, Big Impact: Tech-Inspired Marketing Strategies for Modern Law Practices), Tom Martin (.AI, Legal Tech Investment and Regulation) and more, there will be much to learn!  There will be plenty of discussions on the on the ethical application of AI in legal practices. Additionally, the vendor floor will be bustling with numerous legal-tech companies, eager to engage in conversations and showcase their latest innovations.

I hope to see you at the TECHSHOW!

😀

Be sure to say "Hi"!

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I hope to see you at the TECHSHOW! 😀 Be sure to say "Hi"! 😀