Editorial Follow Up - From Apple Intelligence’s Inaccurate News Summarization of BBC News, to BBC’s Study on AI’s Accuracy Problem: What Lawyers Must Know After this Study 📢⚖️

Lawyers must keep a critical eye on the AI they use in their work - failure to do so could lead to violations of the MRPC!

Earlier, we discussed how "Apple Intelligence, made headlines for all the wrong reasons when it generated a false news summary attributed to the BBC 📰❌”.  Now, a recent BBC study has exposed serious flaws in AI-generated news summaries, confirming what many tech-savvy lawyers feared—AI can misinterpret crucial details. This raises a significant issue for attorneys relying on AI tools for legal research, document review, and case analysis.

As highlighted in our previous coverage, Apple’s AI struggles demonstrate the risks of automated legal processes. The BBC’s findings reinforce that while AI is a valuable tool, lawyers cannot blindly trust its outputs. AI lacks contextual understanding, often omits key facts, and sometimes distorts information. For legal professionals, relying on inaccurate AI-generated summaries could lead to serious ethical violations or misinformed case strategies. (Amazingly, the sanctions I’ve reported from Texas and New York seem light thus far.)

The ABA Model Rules of Professional Conduct emphasize that lawyers must ensure the accuracy of information used in their practice. See MRPC Rule 3.3: Candor Toward the Tribunal. This means AI-assisted research should be cross-checked against primary sources. Additionally, attorneys should understand how their AI tools function—what data they use, their limitations, and potential biases. See MRPC 1.1[e].

Human oversight by lawyers over the ai they use is a cornerstone to maintaining accuracy in their and ethical compliance with the Bar!

To mitigate risks, legal professionals should:
✅ Verify AI-generated content before using it in legal work.
✅ Choose AI solutions designed for legal practice, not general news or business applications, e.g., LawDroid.
✅ Stay updated on AI advancements and legal technology ethics, and stay tuned to The Tech-Savvy Lawyer.Page Blog and Podcast for the latest news and commentary on AI’s impact on the practice of law and more!
✅ Advocate for AI transparency, ensuring tech providers disclose accuracy rates.

The legal field is evolving, and AI will continue to play a role in law practice. However, as the BBC study highlights, human oversight remains essential. Lawyers who embrace AI responsibly—without over-relying on its outputs—will be best positioned to leverage technology ethically and effectively.

MTC

AI in Government 🇺🇸/🇨🇳: A Wake-Up Call for Lawyers on Client Data Protection 🚨

Lawyers need to be Tech-savvy and analyze AI risks, cybersecurity, and data protection!

The rapid advancement of artificial intelligence (AI) in government sectors, particularly in China🇨🇳 and the United States🇺🇸, raises critical concerns for lawyers regarding their responsibilities to protect client data. As The Tech-Savvy Lawyer.Page has long maintained, these developments underscore the urgent need for legal professionals to reassess their data protection strategies.

The AI Landscape: A Double-Edged Sword 🔪

China's DeepSeek and the U.S. government's adoption of ChatGPT for government agencies have emerged as formidable players in the AI arena[1]. These advancements offer unprecedented opportunities for efficiency and innovation. However, they also present significant risks, particularly in terms of data security and privacy.

The Perils of Government-Controlled AI 🕵️‍♂️

The involvement of government entities in AI development and deployment raises red flags for client data protection. As discussed in The Tech-Savvy Lawyer.Page Podcast 🎙️ Episode "67: Ethical considerations of AI integration with Irwin Kramer," lawyers have an ethical obligation to protect client information when using AI tools.

* Remember, as a lawyer, you personally do not need to be an expert on this topic - ask/hire someone who is! MRPC 1.1 and 1.1[8]

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* Remember, as a lawyer, you personally do not need to be an expert on this topic - ask/hire someone who is! MRPC 1.1 and 1.1[8] 💡

Lawyers' Responsibilities in the AI Era 📚

Legal professionals must recognize that the use of AI tools, particularly those with government connections, could inadvertently expose client information to unauthorized access or use. This risk is amplified when dealing with Personally Identifiable Information (PII), which requires stringent protection under various legal and ethical frameworks.

Key Concerns for Lawyers:

• Data Privacy: Ensure that client PII is not inadvertently shared or stored on AI platforms that may have government oversight or vulnerabilities.

• Ethical Obligations: Maintain compliance with ethical duties of confidentiality and competence when utilizing AI tools in legal practice, as emphasized in ABA Model Rule of Professional Conduct1.6.

• Due Diligence: Thoroughly vet AI platforms and their data handling practices before incorporating them into legal workflows.

• Informed Consent: Obtain explicit client consent for the use of AI tools, especially those with potential government connections.

• Data Localization: Consider the implications of data being processed or stored in jurisdictions with different privacy laws or government access policies.

Proactive Measures for Legal Professionals 🛡️

Lawyers need to be discussing their firm’s AI, cybersecurity, and client data protection strategies!

To address these concerns, The Tech-Savvy Lawyer.Page suggests that lawyers should:

1. Implement robust data encryption and access control measures.

2. Regularly audit and update data protection policies and practices.

3. Invest in secure, private AI solutions specifically designed for legal use.

4. Educate staff on the risks associated with AI and government-controlled platforms.

5. Stay informed about evolving AI technologies and their implications for client data protection.

Final Thoughts 🧐

The rise of government-controlled AI presents a critical juncture for legal professionals, demanding a reevaluation of data protection strategies and ethical obligations. As The Tech-Savvy Lawyer.Page has consistently emphasized, lawyers must strike a delicate balance between embracing AI's benefits and safeguarding client confidentiality, in line with ABA Model Rules of Professional Conduct and evolving technological landscapes. By staying informed (including following The Tech-Savvy Lawyer.Page Blog and Podcast! 🤗), implementing robust security measures and maintaining a critical eye on these issues, legal professionals can navigate the AI revolution while upholding our paramount duty to protect client interests.

MTC

MTC: 🍎 Apple's $95M Siri Settlement - A Wake-Up Call for Legal Professionals! ⏰💼⚖️🚨

Lawyers need to remember they may have an unintended guest during their private confidential meetings!

Apple's recent $95 million settlement over privacy concerns related to its voice assistant Siri  serves as a stark reminder of the potential risks associated with AI-powered technologies in legal practice 🚨. While Apple has long championed user privacy 🛡️, this case highlights that even well-intentioned companies can face challenges in safeguarding sensitive information.

The lawsuit alleged that Siri recorded users' conversations without consent, even when not activated by the "Hey Siri" command 🎙️. This raises significant concerns for lawyers who frequently handle confidential client information 🤐. As we discussed in our recent Tech-Savvy Lawyer.Page post, "My Two Cents/BOLO: Privacy Alert for Legal Pros: Navigating Discord's Data Vulnerabilities and Maintaining Client Confidentiality on the Internet," protecting sensitive data is paramount in legal practice and extends to all forms of communication, including those facilitated by AI assistants.

Voice assistants like Siri and Amazon's Alexa have become ubiquitous in both personal and professional settings 🏠💼. Their convenience is undeniable, but legal professionals must remain vigilant about the potential privacy implications. As a CBS News report highlighted, these devices are often listening more than users realize 👂.

Key concerns for lawyers include:

lawyers need to be mindful of what electronic devices may be listening in their confidential settings!

• Unintended data collection: Voice assistants may capture sensitive conversations, even when not explicitly activated 🔊.

• Data security: Collected information could be vulnerable to breaches or unauthorized access 🔓.

• Third-party sharing: Voice data might be shared with contractors or other entities for analysis or improvement purposes 🤝.

• Lack of transparency: Users may not fully understand the extent of data collection or how it's used 🕵️‍♀️.

While Apple has taken steps to improve Siri's privacy protections, such as implementing opt-in consent for voice recording storage, legal professionals should remain cautious ⚠️. The same applies to other voice assistants like Alexa, which has faced its own share of privacy scrutiny.

To mitigate risks, lawyers should consider the following best practices:

• Inform clients about potential privacy limitations when using voice assistants during consultations 💬.

• Disable or physically remove smart devices from areas where confidential discussions occur 🔇.

• Regularly review and update privacy settings on all devices and applications ⚙️.

• Stay informed about evolving privacy policies and terms of service for AI-powered tools 📚.

confidential client information may be unintenTionally shared with the world through smart devices.

As we emphasized in our Tech-Savvy Lawyer.Page editorial, "My Two Cents: Embracing the Future: Navigating the Ethical Use of AI in Legal Practice,” and TSL.P Podcast episode “#67: Ethical considerations of AI integration with Irwin Kramer," lawyers have an ethical obligation to protect client information when using AI tools ⚖️. This duty extends to understanding and managing the risks associated with emerging technologies like AI voice assistants.

The Apple settlement serves as a reminder that even companies with strong privacy reputations can face challenges in this rapidly evolving landscape 🌐. Legal professionals must remain proactive in assessing and addressing potential privacy risks associated with AI-powered tools.

Final Thoughts

While voice assistants offer convenience and efficiency, legal professionals must approach their use with caution and a thorough understanding of the potential risks 🧠. By staying vigilant and implementing robust privacy practices, lawyers can harness the benefits of AI technology while upholding their ethical obligations to clients 🤖👨‍⚖️. A crucial drumbeat I've made on The Tech-Savvy Lawyer.Page, it's crucial to stay informed about these issues and continuously adapt our practices to protect client confidentiality in an increasingly connected world 🌍.

MTC

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

Episode 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/

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/

Word of the Week: What do they mean by Natural Language Processing? 🧐

NLP is just a component in the makeup of the AI that lawyers need to learn in order to stay competitive today and in the future!

Natural Language Processing (NLP) is a branch of artificial intelligence (AI) that enables computers to understand and interpret human language. It works by combining computational linguistics with machine learning to analyze text and speech. NLP can automate tasks like document review and legal research, making processes more efficient. But, it won't replace lawyers.

NLP can't think like a human. It can only review data. Thus, NLP cannot carry out important critical thinking and understand important nuances of facts and law. So, lawyers who don't adopt NLP and AI tools risk falling behind.

Lawyers need to embrace Natural Language Processing & Artificial Intelligence technologies to stay competitive and enhance their services to their clients!

💻⚖️

Lawyers need to embrace Natural Language Processing & Artificial Intelligence technologies to stay competitive and enhance their services to their clients! 💻⚖️

 #LegalTech 💻⚖️ #AIinLaw 🤖 #LawFirmInnovation 🚀 NLP 🌐 #FutureOfLaw 📈

My Two Cents: With AI Creeping Into Our Computers, Tablets, and Smartphones, Lawyers Need to Be Diligent About The Software They Use.

Lawyers need to be weary about the computer company behind the curtin as to what information they are taking from your data!

As Apple is anticipated to announce a new iPhone with AI baked into its operating system, lawyers, like Dorothy in the Wizard of Oz, can no longer stand idly by and trust that the person behind the curtain, i.e., the software creator or owner of their software product, is both trustworthy and not going to use the customer’s data in ways inconsistent with the data owners’ objectives or to protect their data personal identification information. Per ABA Model Rule 1.6(a), lawyers must reasonably ensure that their client’s Personal Identification Information (PII) is protected. And recent events are providing a bit of a minefield for not just lawyers.

I use a popular subscription service application called SetApp. It’s a subscription service that gives me access to over 240 applications. I use many of them daily. But one of its applications, Bartender (which helps clean up and manage your Mac computer’s toolbar), was recently but secretively purchased by a private company. The problem is that little is known about the company. There is a very legitimate concern that Bartender may be improperly using its customer’s computer data – apparently (but not confirmed to be) making unauthorized screenshots. (Note that this is not a critique of SetApp, but I am going to reevaluate my use of Bartender – here are some alternatives you may want to check out.) But this general concern does not end with just “unknown” Wizards.

Lawyers need to be weary about the computer company behind the curtin as to what information they are taking from your data!

It was recently discovered that Adobe changed customer's terms of service. Lawyers should be deeply concerned about Adobe's updated terms of use for Photoshop, which grant the company broad rights to access and remove users' cloud-stored content. This raises significant privacy and confidentiality issues, particularly for legal professionals handling sensitive client data under non-disclosure agreements (NDAs), protecting PII, and trial strategies. Adobe's ability to view and potentially mishandle files covered by NDAs could lead to damaging leaks and breaches of client trust. You can “opt out” of this by going to your account’s privacy settings, going to “Content analysis,” and making sure the “Allow my content to be analyzed by Adobe for product improvement and development purposes” option is not selected. You can also not upload your material to Adobe’s could service – these steps may provide an extra layer of protection, but no one is 100% sure.

As custodians of confidential information, lawyers have an ethical duty to safeguard client secrets. Adobe's overreaching policy raises significant concerns for the legal community. These concerns extend beyond software, as computer companies now integrate AI into their hardware systems.

Many Windows machines are developing their computers to work inherently with MS Windows' own AI, Copilot. At the time of this writing, Apple is expected to announce a new operating system with an AI built into it to work with its new M4 chip. In other words, hardware and software companies work together to have their machines work naturally with operating systems that have AI built into their software. The biggest concern that should be on lawyers' minds is how their data is being used to train a company’s AI. What protections are being built into the systems? Can users opt-out? What does this all mean for us lawyers?

This means that lawyers at any computer skill level must pay attention to the Terms of Service (ToS) for the computers and software they use for work. The warning signs are there. So, stay tuned to your Tech-Savvy Lawyer as we navigate through this together!

MTC

Episode 85: Redefining Legal Services, Mathew Kerbis on Subscription Law and Tech Efficiency.

After nine years in private practice, Mathew founded Subscription Attorney LLC, pioneering a model that leverages automation and artificial intelligence to provide accessible legal services. Mathew is a recipient of the James I. Keane Award and a member of the Institute for the Advancement of the American Legal System’s Above the Line Network. Also, he placed third in the Individual category for the American Legal Technology Awards, solidifying his impact on legal innovation.

In this episode, Mathew and I explore the innovative realm of subscription-based legal services. He covers topics from efficient workflows to ethical considerations and shares insights on transforming legal practice through technology.

Tune in to gain actionable insights and discover new possibilities in legal service delivery!

Join Mathew and me as we discuss the following three questions and more.

What are the top three key pieces of software hardware needed to make a legal subscription model work connecting the client with an attorney?

What are the top three workflows that work behind the scenes to make the business more efficient?

Given that technology allows attorneys to cross state lines, what are the top three Legal Ethics concerns attorneys should have when offering a subscription model?

In our conversation, we cover the following:

[01:07] Mathew’s Current Tech Setup

[37:58] Revolutionizing Legal Subscription Models: Key Software, Hardware, and Ethical Considerations

[46:12] Streamlining Business Efficiency: Time Blocking, Social Media Automation, and Document Automation

[50:51] Legal Ethics in Subscription-Based Practices

[54:43] Where to Find Mathew Online

Resources:

Connect with Mathew:

• LinkedIn: linkedin.com/in/kerbisverse/

• Website: lawsubscribed.com/

Hardware mentioned in the conversation:

• Anker battery pack: anker.com/collections/power-banks

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

• Lamicall phone holder:lamicallshop.com/collections/shop-all

• LG ultra-wide monitor: lg.com/us/business/ultrawide-monitors

• Logitech ergonomic keyboard: logitech.com/en-us/products/keyboards

• Logitech MX Master mouse: logitech.com/en-us/products/mice/mx-master

Software & Cloud Services mentioned in the conversation:

• Carrd: carrd.co/

• Descript: descript.com/

• Formula: formulasoft.com/

• LawPay: lawpay.com/

• Stripe: stripe.com/

• SuiteDash: suitedash.com/

My Two Cents: The White House's New Ai Guidelines: What Lawyers Need To Know!

The recent unveiling of the White House's new artificial intelligence (AI) guidelines marks a pivotal moment in the regulation and oversight of AI technologies. This follows from our previous discussion when the White House first announced its AI directive last October. As these guidelines aim to shape the development, deployment, and governance of AI systems, it's essential for legal professionals to grasp their implications. These guidelines are not just a framework for ethical considerations but also set the stage for future regulatory actions that could significantly impact various industries and legal practices.

At their core, the new AI guidelines are designed to ensure that AI technologies are developed and used in a manner that is ethical, transparent, responsible, and aligned with the public interest. They underscore the importance of protecting citizens' rights while fostering innovation and economic growth. For lawyers, this means a careful navigation through emerging legal landscapes shaped by these principles.

One of the key aspects highlighted by these guidelines is accountability. Developers and users of AI systems are encouraged to implement mechanisms that ensure responsibility for the outcomes of these technologies. This includes establishing clear lines of oversight for AI systems' deployment and operation. For lawyers advising companies in tech or other sectors employing AI technologies, this necessitates a thorough understanding of how accountability measures can be integrated into business practices to comply with these new standards.

Lawyers need to learn how AI will impact their practice!

Privacy protection is another critical element addressed by the guidelines. With AI systems often relying on vast amounts of data, including personal information, ensuring privacy compliance becomes paramount. Legal professionals must be adept at navigating both current data protection laws and understanding how these new guidelines augment those protections, specifically in relation to AI usage. This includes advising clients on data minimization practices and consent mechanisms that align with both existing laws and future expectations set forth by these guidelines.

Transparency around how AI systems operate also receives significant emphasis in the White House's framework. The call for understandable explanations about how decisions are made by or with the assistance of AI poses unique challenges for compliance but also opportunities for innovation in explainability methods. Lawyers will need to guide clients on documenting decision-making processes clearly enough that they meet regulatory standards without compromising proprietary technology or methodologies.

Moreover, as these guidelines stress ethical considerations such as fairness and non-discrimination in AI applications, legal practitioners must be vigilant about potential biases inherent in algorithmic decision-making processes. This requires an interdisciplinary approach that combines legal expertise with an understanding of technical aspects related to bias detection and mitigation strategies within AI models.

Given that these guidelines could inform future legislation or regulatory actions at both federal and state levels, staying abreast of ongoing developments is crucial for lawyers advising clients who use or develop AI technology. But remember, these guidelines do not just impact what lawyers need to advise their clients about the use of AI; lawyers need to understand how these guidelines advise lawyers for their own use of AI in their law offices.

lawyers need to stay informed on how ai may impact their clients!

Lawyers need to understand how their own use of AI may impact how they practice law. Their own oversight is not limited to themselves but to everyone working for them. The tools lawyers and their staff use must securely protect a client’s personal identification information (PII) and any confidential issues a lawyer maintains for their client.  They must be transparent in their use of AI in their practice and should not be billing clients for “time saved” when using AI instead of slower, more “traditional” ways.  Lastly, lawyers need to be aware of any potential biases, e.g., discriminatory, political, factual, inter alia., the AI may have embedded (intentionally or not) within it.

Remember, it's crucial for legal practitioners to stay informed about these developments and integrate this knowledge into their practice to effectively represent parties involved with AI technologies. Your bar license could count on it!

MTC

Happy Lawyering!