MTC/šŸšØBOLOšŸšØ: Lexis+ AIā„¢ļø Falls Short for Legal Research!

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

Lexis+ AIā„¢ļø gets a failing grade!

In a comprehensive review, University of British Columbia, Peter A. Allard School of Law law Professor Benjamin Perrin put Lexis+ AIā„¢ļø 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+ AIā„¢ļø 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! šŸ˜®

  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 Perrinā€™s review of Lexis+ AIā„¢ļø 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 ā€“ 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 #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 ā€“ Troyā€™s current tech setup.

[02.44] AI.Law ā€“ Troy explains how AI.Law works on mobile devices.

[05.00] Learning obstacles ā€“ Troy shares how he shifted from Android to Apple.

[08.41] The benefits ā€“ The advantages of using AI.Law.

[11.44] Computer proficiency ā€“ Troy explains why lawyers donā€™t need advanced technical skills to use AI.Law.

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

[18.25] Hallucinations ā€“ A guide to minimize hallucinations.

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

[22.17] The inspiration ā€“ Troy explains what inspired him to create AI.Law.

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

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

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

[38.29] Emotional component ā€“ How AI can help people in unexpected situations in life. 

Resources:

Connect with Troy

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

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

Equipment Mentioned in the Podcast

Software & Services Mentioned in the Podcast

Equipment Mentioned in the Podcast

Software & Services Mentioned in the Podcast

Word of the Week:  What do they mean by Natural Language Processing? šŸ§

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!

šŸ’»āš–ļø

Lawyers need to embrace Natural Language Processing & Artificial Intelligence technologies to stay competitive and enhance their services to their clients! šŸ’»āš–ļø

 #LegalTech šŸ’»āš–ļø #AIinLaw šŸ¤– #LawFirmInnovation šŸš€ NLP šŸŒ #FutureOfLaw šŸ“ˆ

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 customerā€™s data in ways inconsistent with the data ownersā€™ objectives or to protect their data personal identification information. Per ABA Model Rule 1.6(a), lawyers must reasonably ensure that their clientā€™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. Itā€™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 computerā€™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 customerā€™s computer data ā€“ 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 ā€“ here are some alternatives you may want to check out.) But this general concern does not end with just ā€œunknownā€ 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 ā€œopt outā€ of this by going to your accountā€™s privacy settings, going to ā€œContent analysis,ā€ and making sure the ā€œAllow my content to be analyzed by Adobe for product improvement and development purposesā€ option is not selected. You can also not upload your material to Adobeā€™s could service ā€“ 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 companyā€™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 Systemā€™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] Mathewā€™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:

Hardware mentioned in the conversation:

Software & Cloud Services mentioned in the conversation:

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 clientā€™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 ā€œtime savedā€ when using AI instead of slower, more ā€œtraditionalā€ 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!

Episode 82: Revolutionizing Legal Review with Chris Ford, The Journey Behind Legalyzed.ai

Welcome to today's episode, in which we dive into the fascinating realm of AI in the legal world!

My next guest is Chris Ford. Chris is the CEO and Founder of Legalyze.ai. Legalyze.ai is a groundbreaking AI application tailored for legal professionals. Legalyze.ai enables lawyers to seamlessly interact with case data and generate legal documents using AI technology. Before his role at Legalyze.ai, Chris was CEO of CGF Systems, a startup consulting firm. He also holds a B.B.A. in Information Systems from Baylor University, Texas.

Chris and I explore how innovative technologies like Legalyze.ai are revolutionizing how attorneys analyze cases, safeguard client data, and navigate the boundaries of creativity. From preventing hallucinations to ensuring confidentiality, get ready for an insightful discussion on the cutting-edge advancements shaping the future of law.

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

What are the top three things AI can do for attorneys today when analyzing their cases?

What are the top three ways attorneys should expect their AI software to protect their client's PII?

What are the top three ways to prevent hallucinations with their AI?

In our conversation, we cover the following:

[01:05] Chri's Current Setup: Monitors, Podcasting Equipment, Laptops, etc.

[08:04] AI's Impact on Case Analysis

[10:41] Leveraging AI in Case Evaluation with Legalyze.ai

[17:27] How Legalyze.ai Protects Law Firms' Confidentiality

[21:31] Protecting Client Data: AI Safeguards for Attorney Confidentiality

[24:29] Preventing Hallucinations: Ensuring AI Reliability in Legal AnalysisTop of Form

Resources:

Connect with Chris:

Hardware mentioned in the conversation:

Software, Apps, & Cloud Services mentioned in the conversation:

Word of the Week: Hallucinations (in the context of Artificial Intelligence, Machine Learning, and Natural Language Processing)?

The term "hallucination" refers to a phenomenon where an AI model generates or interprets information not grounded in its input data. Simply put, the AI is making stuff up. This can occur in various forms across different AI applications:

Remember just like you canā€™t complain to the judge when your clerk makes a factual or legal error in your brief, you canā€™t blame ai for its errors and hallucinations! šŸ˜®

Text Generation: In NLP, hallucination is often observed in language models like ChatGPT. Here, the model might generate coherent and fluent text, but this text is factually incorrect or unrelated to the input prompt. For instance, if asked about historical events, the model might 'hallucinate' plausible but untrue details. Another example is when attorneys rely on ChatGTP to draft pleadings only to learn the hard way that its cited cases do not exist. (Remember, always check your work!)

Image and Speech Recognition: In these areas, AI hallucination can occur when a model recognizes objects, shapes, or words in data where they do not actually exist. For example, an image recognition system might incorrectly identify an object in a blurry image, or a speech recognition system might transcribe words that were not actually spoken.

Iā€™ll spare you a deep, complex discussion of the problems with AI in this context.  But the three takeaways for attorneys are: 1. The programming for AI is not ready to write briefs for you without review, 2. Attorneys are not being replaced by attorneys (but attorneys who do not know how to use AI in their practice correctly will be replaced), and 3. Always check your work!

Happy Lawyering!

CLIO Cloud Conference 2023 Introduction Report ā€“ Starting at the top with CLIO's CEO Jack Newton!

CLIO CEO Jack Newton welcomes thousands of attendees both in person and virtual to 2023 clio cloud conference!

Jack Newton, CEO of CLIO, started off the two-day Clio Cloud Conference 2023, welcoming its attendees. The conference was clearly not going to be a humdrum CLE with monotonous presentations. The opening was livelier but as well coordinated as an Apple product release event! I believe there were over four thousand (4,000) attendees, with well over two thousand (2,000) in person. They were excited, energetic, and ready to learn!

thousands attend clio con 2023 both in person and online!

Jack welcomed the audience. He shared the story of how CLIO Con has existed for over a decade. Their focus has been on the customer ā€“ helping lawyers recapture more time through the ease of a Lawyer Practice Management (LPM) Program. CLIO's goal is to make the administration of a law practice secondary so that lawyers can focus more time on what they are trained for ā€“ the practice of law. Jack highlighted CLIO's use of computer automation, software integration with third-party software, and, yes, artificial intelligence.

AI gives attorneys the opportunity to be more human!

Some of the highlights presented at the opening include "CLIO File," which allows customers to file pleadings directly into a court through CLIO. Google Local Service Ads for CLIO allows its customers to "[o]nly pay when a potential lead contacts you through the ad." ā€œAttorney Shareā€ in CLIO for Co-Counsel lets customers share files and folders with co-counsel or even opposing counsel. Although there were many more features discussed (including Automated Workflows, Matter Stages ā€“ "are Kanban-style boards that you can use to visualize and track matter progress in Clio Manage," improved e-mail integration with Outlook and Gmail, and many more features!), a key product announcement of great interest was CLIO Duo.

CLIO Duo is an artificial intelligence program baked into CLIO to help its customers "... unlock the potential of their own data, helping them to become even more effective business owners, and drive better outcomes for their [customers]." The first release, with a target date of 2024, will provide CLIO customers with the following:

ā€œEmbracing ai is a moral imperative for legal profressionals.ā€

  • Personalized recommendations to help prioritize efforts for maximum task completion and work efficiency;

  • Reminder prompts for pending bill approvals and overdue tasks;

  • Bill generation based on activities related to a specific client;

  • Document summarization and generation of simple documents;

  • Matter overviews for improved client communications;

  • Conversations with Duo to gain insights on the firm's business performance or to better understand Clio's product capabilities.

CLIO's proprietary AI technology is built on a foundation of privacy and security of its customer's client data. Therefore, lawyers using CLIO's AI should feel at ease knowing their data is protected from the outside world.

my 2023 clio con press pass!

CLIO's focus is on its customers. But this does not mean CLIOā€™s vision is myopically focused on lawyers. It also considers the viewpoint of its customers' clients. "CLIO Clients" is now offered in Spanish. Clients can pay their bills with Apple Pay and Google Pay. CLIO has enhanced customer-client communications with text message and reminder options. CLIOā€™s platform aims to make communications, case updates, and payments seamless between its customers and their clients. This kind of automation allows attorneys to recapture time and focus on the legal work they are hired to do - practice law.

Clio is evolving from just a general legal management platform to cater to specific legal practice areas. Jack revealed that Legal Aid and Personal Injury are the first two areas. I recommend potential users to explore and evaluate the new LPM or a similar Client Relations Management (CRM) platform before transitioning to it.

The goal of an attorney tech show or conference should be creating a venue to help us find the right technology for our firm or practice. Jack notes that although you canā€™t create more time, you can recapture more time by working efficiently. And that is what lawyers should leave with from attending any legal tech show. This year's attendees (and the general public) can leave with CLIO's 2023 Legal Trends Report - packed rich with "... valuable insights that can help you navigate the rapidly changing landscape of the legal world."

Team Clio Enthusiastically Launches CLIO Con 2023!

I'll comment next week on whether I think CLIO hit the mark. The people at CLIO seem to have succeeded already with its very informative and detailed opening. Stay tuned!

#73: Legal Research and More, with Sarah Glassmeyer

Our next guest is law libriarian Sarah Glassmeyer. She has a career that includes academia, nonprofit tech, and even a fellowship at Harvard. Her numerous awards, including being named to Fastcase 50 and as an ABA Legal Rebel, speak to her impact. Sarah's commitment to learning and growing and her passion for her mission ensure she'll never stop striving for positive change in the legal world.

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

  1. What are the top three tech tools utilized by larger law firms that solos and small law firms would be surprised are reasonably accessible to them?

  2. What are the top three ways Chat GPT falls short for attorneys?

  3. What are the top three directions that you see technology heading in that attorneys should keep an eye on?

In our conversation, we cover the following:

[01:08] Balancing Platforms: Sarahā€™s Hybrid Tech Ecosystem

[10:13] Tech Tools for Smaller Firms to Rival the Big Players

[23:38] Three Ways ChatGPT Falls Short for Attorneys

[37:07] Key Technological Trends for Attorneys to Monitor

[45:12] Where to Connect with Sarah

Resources:

Connect with Sarah:

LinkedIn: linkedin.com/in/sglassmeyer
Website: sarahglassmeyer.com/
Substack: substack.com/@sarahglassmeyer

Hardware mentioned in the conversation:

ThinkPad: lenovo.com/us/en/c/laptops/thinkpad/

Software and Cloud Services mentioned in the conversation:

Substack: substack.com/@sarahglassmeyer
FatCow: bluehost.com/fatcow
Azure: azure.microsoft.com/en-us
AWS: aws.amazon.com/