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. 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.

MTC: How Time's 100 Most Influential People in AI Are Shaping the Future of Law!

This month’s release of Time's 100 Most Influential People in AI for 2024 serves as a critical signal for lawyers to evaluate their own use of artificial intelligence (AI) in legal practice. This list highlights some key figures who are shaping the AI landscape, offering insights into pressing issues such as privacy, security, and ethical AI deployment that lawyers should be aware of in today’s modern practice of law - note that I tried to keep this list focused to the more common consumer which includes lawyers as well.

Privacy and Personal Identification

Mark Zuckerberg, CEO of Meta, is notable for his influence on privacy issues, particularly through the development of AI-driven social media platforms. Lawyers should be aware of how AI can impact client confidentiality and data protection, especially given the vast data collection capabilities of platforms like Meta.

Machine Learning and Training

AI is impacting nearly every aspect of the practice of law.

Demis Hassabis, CEO of Google DeepMind, is recognized for advancements in machine learning, including projects like AlphaFold. Lawyers must consider how machine learning models are trained and the potential biases that could affect legal outcomes. Understanding these biases is crucial for ensuring fair representation and decision-making in AI-assisted legal processes.

Security

Jensen Huang, CEO of Nvidia, plays a pivotal role in AI hardware development, which is essential for secure AI applications. Legal professionals should prioritize understanding AI's security implications, particularly in safeguarding sensitive legal data from cyber threats.

AI Hallucinations

Sam Altman, CEO of OpenAI, is influential in developing generative AI models like ChatGPT, known for their potential to produce "hallucinations" or inaccurate outputs. Lawyers using AI for drafting or research must critically assess the reliability of AI-generated information to avoid misinformation in legal documents.

Ethical and Regulatory Considerations

The integration of AI and Justice is happening now!

Lina Khan, Chair of the Federal Trade Commission, is a key figure in shaping AI regulation. Her work underscores the importance of legal frameworks to govern AI use, ensuring compliance with ethical standards and protecting consumer rights. Lawyers should stay informed about evolving regulations to advise clients accurately and ethically. Not only would I encourage you to follow this blog for more information but the American Bar Association and your local Bar Association was well!

FINAL THOUGHTS

The individuals featured in Time's 100 AI list highlight the transformative impact of AI across various sectors, including law. For tech-savvy lawyers, these leaders offer insights into the challenges and opportunities presented by AI. By understanding the implications of AI on privacy, security, and ethical practice, lawyers can better integrate AI into their work, ensuring it enhances rather than hinders their practice.

MTC: AI in Law: Protecting Client Privacy While Embracing Legal Tech Innovation! 🚨

Artificial intelligence is rapidly becoming an integral part of the software tools lawyers rely on daily. From legal research platforms to document management systems, AI is being baked into the very fabric of legal technology. For instance, Google's Gemini AI is now integrated into Gmail on Android devices, offering to summarize and organize emails. Similarly, Apple is developing its own AI called Apple Intelligence, which aims to enhance various aspects of its ecosystem. Even smartphone manufacturers like Google are incorporating advanced AI features into their latest devices, such as the Pixel 9 Pro XL, which offers AI-powered image editing and call transcription capabilities.

While these AI advancements promise increased efficiency and productivity, many lawyers are understandably wary of the technology's encroachment into their professional domain. The legal profession is built on a foundation of trust, confidentiality, and ethical obligations to clients. As AI becomes more prevalent, attorneys must grapple with the potential risks it poses to client privacy and data security.

One of the primary concerns is the protection of clients' personal identifiable information (PII) when using AI-powered tools. Lawyers have an ethical duty to safeguard client confidentiality, and the use of AI introduces new challenges in fulfilling this obligation. For example, when using AI-powered email summarization tools or document analysis software, there's a risk that sensitive client information could be inadvertently shared with third-party AI providers or stored in ways that compromise its security.

Moreover, the training of AI models raises additional privacy concerns. Apple's efforts to scrape content for AI training have met resistance from major publishers, highlighting the contentious nature of data collection for AI development. This underscores the need for lawyers to be vigilant about how client data is used and processed by AI systems they employ in their practice.

The legal profession must also contend with the potential for AI to introduce errors or biases into legal work. While AI can process vast amounts of information quickly, it lacks the nuanced understanding and ethical judgment that human lawyers bring to their practice. Overreliance on AI-generated content or analysis could lead to serious mistakes or ethical breaches if not properly vetted by legal professionals.

To navigate these challenges and protect client PII when using AI in legal work, lawyers should consider the following top three tips:

1. Conduct thorough due diligence on AI tools: Before adopting any AI-powered software, carefully review the provider's data privacy policies, security measures, and compliance with relevant regulations. Ensure that the AI tool does not retain or use client data for purposes beyond the specific task at hand. 

2. Implement strict data handling protocols: Establish clear guidelines for how client information is input into AI systems. Use anonymization techniques when possible and limit the amount of PII shared with AI tools to only what is absolutely necessary for the task. 

3. Maintain human oversight: Always review AI-generated content or analysis critically. Use AI as a supplementary tool rather than a replacement for legal expertise. Implement a process for human verification of AI outputs before they are used in client matters or legal proceedings.

As AI continues to evolve and integrate into legal practice, lawyers must remain vigilant in protecting their clients' interests and upholding their ethical obligations. By approaching AI adoption with caution and implementing robust safeguards, the legal profession can harness the benefits of this technology while maintaining the trust and confidentiality that are fundamental to the attorney-client relationship.

MTC

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

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/

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

Episode #92: Finding the Right Crossroads for AI Use, Success, and the Law, Troy Doucette of AI. law.

In the legal landscape, the adoption of new technologies offers remarkable benefits. Tools like AI-driven document drafting systems empower attorneys to efficiently create complex legal documents without needing advanced technical skills. Embracing these kinds of technologies will save time and allow legal professionals to focus on higher-value tasks.

Troy Doucet is a top-rated litigation attorney, legal tech innovator, and the founder of AI.Law, a legal document drafting system. Having studied economics in college and built a prestigious practice as a litigation lawyer, he has a unique viewpoint on the revolutionary possibilities of artificial intelligence. His knowledge of the litigation process is currently being directed toward creating artificial intelligence to increase accessibility to the legal system. Troy frequently lectures about the impact of artificial intelligence on the legal sector and how it will fundamentally change the way lawyers provide services. Troy has taught multiple programs on consumer law, real estate law, and AI.

Troy and I discuss the following three questions and more!

1. What are the top three things AI.Law can do either faster or better than an attorney who does not use AI.Law?

2. What are three ways AI dot law prevents hallucinations, and what are the top three things attorneys should do when using AI to help draft their documents, prevent you to prevent hallucinations?

3.   What inspired you to create AI.Law?

In our conversation, we cover:

[01.29] Tech setup – Troy’s current tech setup.

[02.44] AI.Law – Troy explains how AI.Law works on mobile devices.

[05.00] Learning obstacles – Troy shares how he shifted from Android to Apple.

[08.41] The benefits – The advantages of using AI.Law.

[11.44] Computer proficiency – Troy explains why lawyers don’t need advanced technical skills to use AI.Law.

[13.52] Efficiency – Troy explains how AI.Law can save time and allows legal professionals to focus on higher-value tasks.

[18.25] Hallucinations – A guide to minimize hallucinations.

[21.09] Other AIs – Troy talks about the AI products he uses other than AI.Law.

[22.17] The inspiration – Troy explains what inspired him to create AI.Law.

[26.00] Terms of Services – The terms of services people should look out for when using AI.

[29.48] The usage of AI – The importance of choosing the AI that will work best for you.

[33.40] Do It Yourself – Troy explains his take on lawyers using AI as a DIY service.

[38.29] Emotional component – How AI can help people in unexpected situations in life. 

Resources:

Connect with Troy

• LinkedIn – linkedin.com/in/tdoucet/

• Website – ai.law/

SPECIAL DISCOUNT CODE FOR NEW USERS AT AI.LAW:  "Tech Savvy"

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SPECIAL DISCOUNT CODE FOR NEW USERS AT AI.LAW:  "Tech Savvy" 🚨

Equipment Mentioned in the Podcast

• HyperX Vision S Webcam – hyperx.com/products/hyperx-vision-s-webcam?variant=43855670411421

• Infinite RS desktop - us.msi.com/Desktop/Infinite-RS-14th

• iPhone 15 - apple.com/shop/buy-iphone/iphone-15

• LG TV - lg.com/uk/tvs-soundbars/smart-tvs/oled48c36la/

Software & Services Mentioned in the Podcast

• AI.law - ai.law/

• MacRumors - macrumors.com/

Equipment Mentioned in the Podcast

• HyperX Vision S Webcam – hyperx.com/products/hyperx-vision-s-webcam?variant=43855670411421

• Infinite RS desktop - us.msi.com/Desktop/Infinite-RS-14th

• iPhone 15 - apple.com/shop/buy-iphone/iphone-15

• LG TV - lg.com/uk/tvs-soundbars/smart-tvs/oled48c36la/

Software & Services Mentioned in the Podcast

• AI.law - ai.law/

• MacRumors - macrumors.com/

Shout Out to Caroline Elefant of MyShingle for Reminding Lawyers About Their Bar Ethics Responsibilities When Creating Public Use ChatGPTs!

Previous The Tech-Savvy Lawyer.Page Podcast guest Caroline Elefant of MyShingle discusses the legal and ethical issues of creating custom ChatGPTs for public use by law firms. Key points include:

Lawyers need to remember that they have ethical responsibilities to their bar when offering chatgpts for public use!

• AI Disclosure: Lawyers must inform users they are interacting with an AI, not a human.

• Supervision: Ensuring AI outputs are accurate through constant testing and clear disclaimers.

• Confidentiality: Advising users against sharing personal details to prevent privacy breaches.

• Unauthorized Practice of Law: Avoiding legal advice by providing general information with clear disclaimers.

We all must remember that a computer or AI does not replace human judgment!

For more details, visit her article on MySingle.