Can new AI help to level up the scales of justice? — from gtlaw.com.au by Peter Waters, Jason Oliver, and David Baddeley

So asks a recent study by two academics from Stanford Law School, David Freeman Engstrom and Nora Freeman Engstrom, on the potential impact of AI on the civil litigation landscape in the US.

It is against this landscape, the study observes, that champions of legal tech have suggested that there is an opportunity for legal tech to “democratise” litigation and put litigation’s “haves” and “have nots” on a more equal footing, by arming smaller firms and sole practitioners with the tools necessary to do battle against their better resourced opponents, and cutting the cost of legal services, putting lawyers within reach of a wider swathe of people.

But is this a real opportunity, and will AI be key to its realisation?

However, while AI may reduce the justice gap between the “haves” and “have-nots” of litigation, it could also exacerbate existing inequalities.

From DSC:
While this article approaches things from the lawyer’s viewpoint, I’d like to see this question and the use of AI from the common man’s/woman’s viewpoint. Why? In order to provide FAR GREATER access to justice (#A2J) for those who can’t afford a lawyer as they head into the civil law courtrooms.

  • Should I take my case to court? Do I have a chance to win this case? If so, how?
  • What forms do I need to complete if I’m going to go to court?
  • When and how do I address the judge?
  • What does my landlord have to do?
  • How do I prevent myself from falling into a debt-collection mess and/or what options do I have to get out of this mess?
  • Are there any lawyers in my area who would take my case on a pro bono basis?
  • …and judges and lawyers — as well as former litigants — could add many more questions (and answers) to this list

Bottom line:
It is my hope that technology can help increase access to justice.


Also relevant/see:

Virtual Justice? Exploring AI’s impact on legal accessibility — from nortonrosefulbright.com by Chris Owen and Mary-Frances Murphy

Excerpt (emphasis DSC):

A number of products are already under development, or have been launched. One example is a project that Norton Rose Fulbright is working on, together with not-for-profit legal service Justice Connect. The scope is to develop an automated natural language processing AI model that seeks to interpret the ‘everyday’ language used by clients in order to identify the client’s legal issues and correctly diagnose their legal problem. This tool is aimed at addressing the struggles that individuals often face in deciphering legal jargon and understanding the nature of their legal issue and the type of lawyer, or legal support, they need to resolve that problem.

 



Don’t Believe the Hype? Practical Thoughts About Using AI in Legal (Stephen Embry – TechLaw Crossroads) — from tlpodcast.com by Stephen Embry

Despite the hype and big promises about AI, if it is used correctly, could it be the differentiator that sets good legal professionals apart from the pack? Stephen Embry offers a good argument for this in the latest episode.

Stephen is a long-time attorney and the legal tech aficionado behind the TechLaw Crossroads blog– a great resource for practical and real-world insight about legal tech and how technology is impacting the practice of law. Embry emphasizes that good lawyers will embrace artificial intelligence to increase efficiency and serve their clients better, leaving more time for strategic thinking and advisory roles.

 

The new apprenticeships — from jordanfurlong.substack.com by Jordan Furlong
Several American states are rewriting the rules of lawyer licensure and bringing the US into line with a key element of lawyer formation worldwide: supervised practice.

Change comes so gradually and fitfully to the legal sector that when something truly revolutionary happens — an actual turning point with an identifiable real-world impact — we have to mark the occasion. One such revolution broke out in the United States last week, opening up fantastic new possibilities for Americans who want to become lawyers.

The Oregon Supreme Court approved a new licensure program that does not require passage of a traditional written bar exam. After graduating from law school, aspiring Oregon lawyers can complete 675 hours of paid legal work under the supervision of an experienced attorney, assembling a portfolio of legal work to be assessed by bar admission officials. Candidates must submit eight samples of legal writing, take the lead in at least two initial client interviews or client counseling sessions, and oversee two negotiations, among other requirements.

Jordan mentions what’s going on in several other states including:

  • Utah
  • Washington
  • Minnesota
  • Nevada
  • California
  • Massachusetts
  • South Dakota

From DSC:
The Bar Exam doesn’t have a good reputation for actually helping get someone ready to practice law. So this is huge news indeed! The U.S. needs more people/specialists at the legal table moving forward. The items Jordan relays in this posting are a huge step forward in making that a reality.


For other innovations within the legal realm, see:

LawSchoolAi — from youtube.com

Picture this: A world where anyone can unlock the doors to legal expertise, no matter their background or resources. Introducing Law School AI – the game-changing platform turning this vision into reality. Our mission? To make legal education accessible, affordable, and tailored to every learner’s unique style, by leveraging the power of artificial intelligence.

As a trailblazing edtech company, Law School AI fuses cutting-edge AI technology with modern pedagogical techniques to craft a personalized, immersive, and transformative learning experience. Our platform shatters boundaries, opening up equal opportunities for individuals from all walks of life to master the intricacies of law.

Embrace a new era of legal education with Law School AI, where the age-old law school experience is reimagined as a thrilling, engaging, and interactive odyssey. Welcome to the future of legal learning.

 

 

 


The legal world in 10 years (if we’re really lucky) — from jordanfurlong.substack.com by Jordan Furlong
Here are eight predictions for how the legal sector will be different and mostly better in 2033. If you have an alternative vision, there’s one sure way to prove me wrong.

What part are you going to play in determining the future? This isn’t a spectator sport or a video game. “The future” will be what you (and everyone else) make it by your decisions, commitments, sacrifices, and leadership — or, equally, by your inaction on all these fronts.

There’s a meme making the rounds that says, “People in time-travel movies are always afraid of committing one tiny action in the past, because it might completely change the present. But people in the present don’t seem to believe that committing one tiny action in the present could completely change the future.” I think that has it exactly right. The future we get is the future that you and I start making in the present, meaning today, right now.


Shadow AI: A Thorny Problem For Law Firms — from abovethelaw.com by Sharon D. Nelson, John W. Simek, and Michael C. Maschke
Its use is often unknown to a law firm’s IT or security group.


 

Building a Consumer-Centered Legal Market: Takeaways from IAALS’ Convening on Regulatory Reform — from iaals.du.edu by Jessica Bednarz

Two initial high-level takeaways from the convening include:

  • Every state effort is different for a reason. There are many factors that leaders must consider when determining which model(s) of regulatory reform to pursue and how. Some examples of factors to consider include whether the state is a mandatory or voluntary bar state, whether the supreme court justices in the state are appointed or elected, and whether the model(s) to be pursued is market-based or free to consumers. The answers to these questions will likely dictate which stakeholders will likely be allies, which stakeholders will likely be opposed, and which strategy and approach to pursue.
    .
  • We need to better engage the public in regulatory reform efforts. While some organizations and efforts have included public engagement from the outset, (shout-outs to Innovation for Justice and Arizona more generally, as well as Alaska Legal Services Corporation and Frontline Justice), most have not, and this has likely hindered efforts to some degree. The data we have thus far indicates the public is interested in obtaining legal services from alternative service providers such as allied legal professionals and community justice workers, as well as through alternative business models. The more we can engage the public in this conversation, the better chance we have of creating regulatory reform that is aligned with their needs and the better chance leaders have of getting their respective efforts over the finish line.
    • Because this is an area within the regulatory reform space that is ripe for further development and impact, IAALS will soon be launching a project on consumer engagement. Stay tuned for more updates!

IAALS will share a more comprehensive list of lessons learned and recommendations for building and sustaining regulatory reform in its post-convening report, currently set to be released in early 2024.

 

Will Legal Prompt Engineers Replace Lawyers? — from forbes.com by Charles Lew

A woman at the computer

.

From DSC:
I’m not crazy about the click bait nature of the title, but the article lists some ways that AI could/is impacting the legal realm.
For example, here’s an excerpt:

Engineers in this capacity might not be legal experts, but they excel in framing precise questions for these models, drawing out answers that align with legal nuances. Essentially, these experts represent a significant paradigm shift, evolving the role of legal practitioners.

In legal research, an LPE harnesses advanced models to improve comprehension. Specific legal texts, statutes or summaries fed into the AI yield clarifications, contextual insights or succinct summaries. This assists legal professionals in quickly grasping the implications of texts, streamlining the research process.

In legal drafting, AI can suggest relevant clauses, pinpoint angles of an argument and provide recommendations to enhance clarity. It ensures consistency in terminology and references, detects redundant language and verifies the accuracy of legal citations. It flags potential high-risk language, aligns with jurisdictional norms and prioritizes relevance through contextual analysis. The system checks coherence in stipulated timelines and identifies potentially biased or non-inclusive language.

For training and brainstorming, LPEs can present hypothetical situations, formulating questions that unearth potential legal arguments or implications. Not only does it serve as an instructional tool for budding legal professionals, it also exercises a fresh perspective for seasoned attorneys.


12 Thoughts on Promises and Challenges of AI in Legal after Yesterday’s AI Summit at Harvard Law School — from lawnext.com by Bob Ambrogi

  1. Armed with AI, pro se litigants could overwhelm the courts, so the courts need to be prepared to respond in kind.
  2. If AI is to enhance access to justice, it will not be only by increasing lawyer productivity, but also by directly empowering consumers.
  3. Even the AI experts don’t understand AI.
  4. Experts are already striving to make the black box of AI more transparent.
  5. Even as law firms adopt AI, they are finding implementation to be a challenge.
  6. …and more

 

Why Christians need to support diversity professionals, not demonize them — from religionnews.com by Michelle Loyd-Paige
Even among Christians, DEI leaders find themselves isolated and unsupported.

For nearly 39 years, I have taught about and advocated for diversity, equity, inclusion, anti-racism and social justice in Christian contexts. I have been sustained by the knowledge that diversity is a part of God’s good creation and is celebrated in the Bible. 

And not just diversity, but love for our neighbors, care for the immigrant, and justice for the marginalized and oppressed. In fact, the Hebrew and Greek words for justice appear in Scripture more than 1,000 times. 

It could be argued that Jesus’ ministry on earth exemplified the value of diversity, the importance of inclusion and the obligation of justice and restoration. Our ministry — in schools, churches, business, wherever we find ourselves — should reflect the same.

From DSC:
I was at Calvin (then College) when Michelle was there. I am very grateful for her work over my 10+ years there. I learned many things from her and had my “lenses” refined several times due to her presentations, questions, and the media that she showed. Thank you Michelle for all of your work and up-hill efforts! It’s made a difference! It impacted the culture at Calvin. It impacted me.

The other thing that hepled me in my background was when my family moved to a much more diverse area. And I’ve tried to continue that perspective in my own family. I don’t know half of the languages that are spoken in our neighborhood, but I love the diversity there! I believe our kids (now mostly grown) have benefited from it and are better prepared for what they will encounter in the real world.

 

***
From DSC:
Having come from various other areas of higher education back in 2017, I was *amazed* to see *how far behind* legal education was from the rest of higher ed. And this is directly tied to what the American Bar Association allows (or doesn’t allow). The ABA has done a terrible job of helping Americans deal with today’s pace of change.

 

New virtual legal tool launching in Montgomery County to help people who can’t afford legal representation — from wdtn.com by Riley Phillips

DAYTON, Ohio (WDTN) — People living in Montgomery County now have access to a new legal tool.

Filing for divorce, changing custody of a child, or taking action in a domestic violence case is not easy, especially for people who cannot afford a lawyer. Susan Choe is the Executive Director of Ohio Legal Help.

“That’s a complex thing for folks who’ve never gone through the legal system, don’t know how to complete court forms,” Choe explained.

Seventeen percent of people in Montgomery County live below the federal poverty line. Ohio Legal Help teamed up with the Montgomery County Domestic Relations Court to create a virtual tool to make sure sure low income residents get the legal help they need. Choe said the website takes people through each part of the legal process. It also helps people fill out forms right there on the site.

Montgomery County Domestic Relations Self Help Center -- DC: We need more of these!!!

 

The Future of Law: Embracing AI in the Legal Profession — from ethicalailawinstitute.com by Trent Kubasiak

Excerpt:

Improving Access to Justice:
One significant advantage of AI in the legal profession is its potential to improve access to justice. The high costs associated with legal services have traditionally created barriers for individuals with limited financial means. However, AI-powered solutions can help bridge this gap by providing affordable and accessible legal information and guidance. Virtual legal assistants and chatbots can assist individuals with legal queries, empowering them to navigate legal processes more effectively and make informed decisions. By leveraging AI, the legal profession can become more inclusive and ensure that legal services are available to a broader segment of society.


Also relevant/see:

Law Unlimited: Welcome to the re-envisioned legal profession — from jordanfurlong.substack.com by Jordan Furlong
Will Generative AI destroy law firms? Only if lawyers are too fixed in their ways to see the possibilities that lie beyond who we’ve always been and what we’ve always done.

Excerpt:

The immediate impact of Gen AI on legal services will be to introduce unprecedented efficiency to the production of countless legal documents and processes. For most of the last century, lawyers have personally performed this work, spending and billing hours or parts of hours to accomplish each task. Law firms have used this production method to provide on-the-job training for inexperienced lawyers and have leveraged those hours to generate profits for their partners. But LLMs can now do the same work in seconds, as effectively as lawyers can today and much better in the near future. This is, among other things, a very serious problem for law firms’ business models and talent development practices, not to mention a real challenge to lawyer education and training and potentially a revolution in access to justice.

 
 

The Rumors Were True: Thomson Reuters Acquires Casetext for $650M Cash — from lawnext.com by Bob Ambrogi

Thomson Reuters Acquires Casetext for $650M Cash

Excerpt:

“The proposed transaction will complement Thomson Reuters existing AI roadmap and builds on its recent initiatives, including a commitment to invest more than $100 million annually on AI capabilities, the development of new generative AI experiences across its product suite, as well as a new plugin with Microsoft and Microsoft 365 Copilot for legal professionals,” TR’s announcement said.

From DSC:
I post this to show how AI continues to make inroads into the legal realm — and how serious vendors are about it. I believe AI-enabled applications will eventually increase access to justice for the citizens of the United States of America.


Below is an addendum on 6/28/23 that further illustrates how serious vendors are about AI:

Databricks picks up MosaicML, an OpenAI competitor, for $1.3B — from techcrunch.com by Ingrid Lunden

Excerpt:

Databricks announced it will pay $1.3 billion to acquire MosaicML, an open source startup with neural networks expertise that has built a platform for organizations to train large language models and deploy generative AI tools based on them.

 

AI-driven Legal Apprenticeships — from thebrainyacts.beehiiv.com by Josh Kubicki

Excerpts:

My hypothesis and research suggest that as bar associations and the ABA begin to recognize the on-going systemic issues of high-cost legal education, growing legal deserts (where no lawyer serves a given population), on-going and pervasive access to justice issues, and a public that is already weary of the legal system – alternative options that are already in play might become more supported.

What might that look like?

The combination of AI-assisted education with traditional legal apprenticeships has the potential to create a rich, flexible, and engaging learning environment. Here are three scenarios that might illustrate what such a combination could look like:

    • Scenario One – Personalized Curriculum Development
    • Scenario Two – On-Demand Tutoring and Mentoring
    • Scenario Three – AI-assisted Peer Networks and Collaborative Learning:

Why Companies Are Vastly Underprepared For The Risks Posed By AI — from forbes.com by
Accuracy, bias, security, culture, and trust are some of the risks involved

Excerpt:

We know that there are challenges – a threat to human jobs, the potential implications for cyber security and data theft, or perhaps even an existential threat to humanity as a whole. But we certainly don’t yet have a full understanding of all of the implications. In fact, a World Economic Forum report recently stated that organizations “may currently underappreciate AI-related risks,” with just four percent of leaders considering the risk level to be “significant.”

A survey carried out by analysts Baker McKenzie concluded that many C-level leaders are over-confident in their assessments of organizational preparedness in relation to AI. In particular, it exposed concerns about the potential implications of biased data when used to make HR decisions.


AI & lawyer training: How law firms can embrace hybrid learning & development — thomsonreuters.com
A big part of law firms’ successful adaptation to the increased use of ChatGPT and other forms of generative AI, may depend upon how firmly they embrace online learning & development tools designed for hybrid work environments

Excerpt:

As law firms move forward in using of advanced artificial intelligence such as ChatGPT and other forms of generative AI, their success may hinge upon how they approach lawyer training and development and what tools they enlist for the process.

One of the tools that some law firms use to deliver a new, multi-modal learning environment is an online, video-based learning platform, Hotshot, that delivers more than 250 on-demand courses on corporate, litigation, and business skills.

Ian Nelson, co-founder of Hotshot, says he has seen a dramatic change in how law firms are approaching learning & development (L&D) in the decade or so that Hotshot has been active. He believes the biggest change is that 10 years ago, firms hadn’t yet embraced the need to focus on training and development.

From DSC:
Heads up law schools. Are you seeing/hearing this!?

  • Are we moving more towards a lifelong learning model within law schools?
  • If not, shouldn’t we be doing that?
  • Are LLM programs expanding quickly enough? Is more needed?

Legal tech and innovation: 3 ways AI supports the evolution of legal ops — from lexology.com

Excerpts:

  1. Simplified legal spend analysis
  2. Faster contract review
  3. Streamlined document management

AI’s Potential for Access to Justice -- a podcast from the Legal Talk Network

 

IAALS Releases National Framework for States to Create New Tier of Legal Professionals Who Can Offer More Affordable Legal Help — from iaals.du.edu by Kelsey Montague

Excerpt:

IAALS, the Institute for the Advancement of the American Legal System at the University of Denver, announced today the release of its new report, Allied Legal Professionals: A National Framework for Program Growth. As part of IAALS’ Allied Legal Professionals project—which is generously supported by the Sturm Family Foundation—this report includes multiple research-informed recommendations to help standardize a new tier of legal professionals across states, with the goal of increasing the options for accessible and affordable legal help for the public.

“To hire a lawyer, people either need considerable money or have an income low enough to qualify for the limited legal aid available. The problem is that the majority of people in the middle class don’t fit into either of those categories, making access to legal services incredibly difficult,” says IAALS Director of Special Projects Michael Houlberg. “Even if every lawyer took on pro bono clients, it wouldn’t come close to addressing the need. And IAALS’ research shows that people who need legal help are open to receiving it from qualified and authorized providers who are not lawyers.”

 

Fresh Voices on Legal Tech – New Podcast Interview Series — from legaltechmonitor.com by Dennis Kennedy and Tom Mighell

Here are the episodes so far:

  • Fresh Voices on Legal Tech with Kristen Sonday – Kristen talks about her platform at Paladin connecting lawyers to pro bono work; weighs in on ChatGPT, AI, tech adoption, and more; and shares her top tip for using technology in legal practice.
  • Fresh Voices on Legal Tech with Chase Hertel – Chase discusses his career path and offers tips for helping attorneys engage with technology to improve their practice. They dig into the potential uses and dangers of ChatGPT and other AI tech in the profession, discuss Chase’s work in immigration legal tech, and survey the outlook of legal tech’s future.
  • Fresh Voices on Legal Tech with Natalie Knowlton – Natalie discusses the current state of legal services, the justice gap, and ways technology is helping attorneys provide better and more affordable services to consumers.
 
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