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.

 


LEGALTECH TOOLS EVERYONE SHOULD KNOW ABOUT — from techdayhq.com

Enter legaltech: a field that marries the power of technology with the complexities of the law. From automating tedious tasks to enhancing research effectiveness, let’s delve into the world of legaltech and unmask the crucial tools everyone should know.



Should AI and Humans be Treated the Same Under the Law–Under a “Reasonable Robot” Standard? (Ryan Abbott – UCLA);  Technically Legal – A Legal Technology and Innovation Podcast

If a human uses artificial intelligence to invent something, should the invention be patentable?

If a driverless car injures a pedestrian, should the AI driver be held to a negligence standard as humans would? Or should courts apply the strict liability used for product defects?

What if AI steals money from a bank account? Should it be held to the same standard as a human under criminal law?

All interesting questions and the subject of a book called the Reasonable Robot by this episode’s guest Ryan Abbott.


Colin Levy, Dorna Moini, and Ashley Carlisle on Herding Cats and Heralding Change: The Inside Scoop on the “Handbook of Legal Tech” — from geeklawblog.com by Greg Lambert & Marlene Gebauer

The guests offered advice to law students and lawyers looking to learn about and leverage legal tech. Carlisle emphasized starting with an open mind, intentional research, and reading widely from legal tech thought leaders. Moini recommended thinking big but starting small with iterative implementation. Levy stressed knowing your purpose and motivations to stay focused amidst the vast array of options.

Lambert prompted the guests to identify low-hanging fruit legal technologies those new to practice should focus on. Levy pointed to document automation and AI. Moini noted that intake and forms digitization can be a first step for laggards. Carlisle advised starting small with discrete tasks before tackling advanced tools.

For their forward-looking predictions, Carlisle saw AI hype fading but increasing tech literacy, Levy predicted growing focus on use and analysis of data as AI advances, and Moini forecasted a rise in online legal service delivery. The guests are excited about spreading awareness through the book to help transform the legal industry.


You’ll never be solo again — from jordanfurlong.substack.com by Jordan Furlong
Generative AI can be the partner, the assistant, the mentor, and the confidant that many sole practitioners and new lawyers never had. There’s just one small drawback…

In terms of legal support, a terrific illustration of Gen AI’s potential is provided by Deborah Merritt in a three-part blog series this month at Law School Cafe. Deborah explores the use of ChatGPT-4 as an aid to bar exam preparation and the first months of law practice, finding it to be astonishingly proficient at identifying legal issues, recommending tactical responses, and showing how to build relationships of trust with clients. It’s not perfect — it makes small errors and omissions that require an experienced lawyer’s review — but it’s still pretty mind-blowingly amazing that a free online technology can do any of this stuff at all. And as is always the case with Gen AI, it’s only going to get better.

In terms of administrative support, Mark Haddad of Thomson Reuters explains in Attorney At Work how AI-driven chatbots and CRM systems can handle a sole practitioner’s initial client queries, schedule appointments and send reminders, while AI can also analyze the firm’s practice areas and create marketing campaigns and content. Earlier this month, Clio itself announced plans for “Clio Duo,” a built-in proprietary Gen AI that “will serve as a coach, intuitive collaborator, and expert consultant to legal professionals, deeply attuned to the intricate facets of running a law firm.”



GPT-4 Beats the Bar Exam — from lawschoolcafe.org by Deborah J. Merritt

In the first three posts in this series, I used a bar exam question as an example of the type of problem a new lawyer might confront in practice. I then explored how GPT-4 might help a new lawyer address that practice problem. In this post, I’ll work with another sample question that NCBE has released for the NextGen bar exam. On this question, GPT-4 beats the bar exam. In other words, a new lawyer using GPT-4 would obtain better answers than one who remembered material studied for the bar exam.


ABA TECHSHOW 2024 – A Preview from the Co-Chairs — from legaltalknetwork.com by Cynthia Thomas, Sofia Lingos, Sharon D. Nelson, and Jim Calloway

Also see: The ABA TECHSHOW 2024


When It Comes to Legal Innovation Everything is Connected — from artificiallawyer.com by Richard Tromans

Legal tech can sometimes feel like it’s the whole world. We get absorbed by the details of the technology and are sometimes blinded by big investment announcements, but without the rest of the legal innovation ecosystem around it then this sector-specific software is limited. What do I mean? Let me explain.


The Most Significant Updates In The Case Management Sphere — from abovethelaw.com by Jared Correia
Joshua Lenon of Clio and Christopher Lafferty of Caret talk over case management software’s role in today’s law firm operations.

 

Nearly half of CEOs believe that AI not only could—but should—replace their own jobs — from finance.yahoo.com by Orianna Rosa Royle; via Harsh Makadia

Researchers from edX, an education platform for upskilling workers, conducted a survey involving over 1,500 executives and knowledge workers. The findings revealed that nearly half of CEOs believe AI could potentially replace “most” or even all aspects of their own positions.

What’s even more intriguing is that 47% of the surveyed executives not only see the possibility of AI taking over their roles but also view it as a desirable development.

Why? Because they anticipate that AI could rekindle the need for traditional leadership for those who remain.

“Success in the CEO role hinges on effective leadership, and AI can liberate time for this crucial aspect of their role,” Andy Morgan, Head of edX for Business comments on the findings.

“CEOs understand that time saved on routine tasks can stimulate innovation, nurture creativity, and facilitate essential upskilling for their teams, fostering both individual and organizational success,” he adds.

But CEOs already know this: EdX’s research echoed that 79% of executives fear that if they don’t learn how to use AI, they’ll be unprepared for the future of work.

From DSC:
By the way, my first knee-jerk reaction to this was:

WHAT?!?!?!? And this from people who earn WAAAAY more than the average employee, no doubt.

After a chance to calm down a bit, I see that the article does say that CEOs aren’t going anywhere. Ah…ok…got it.


Strange Ways AI Disrupts Business Models, What’s Next For Creativity & Marketing, Some Provocative Data — from .implications.com by Scott Belsky
In this edition, we explore some of the more peculiar ways that AI may change business models as well as recent releases for the world of creativity and marketing.

Time-based business models are liable for disruption via a value-based overhaul of compensation. Today, as most designers, lawyers, and many trades in between continue to charge by the hour, the AL-powered step-function improvements in workflows are liable to shake things up.

In such a world, time-based billing simply won’t work anymore unless the value derived from these services is also compressed by a multiple (unlikely). The classic time-based model of billing for lawyers, designers, consultants, freelancers etc is officially antiquated. So, how might the value be captured in a future where we no longer bill by the hour? …

The worlds of creativity and marketing are rapidly changing – and rapidly coming together

#AI #businessmodels #lawyers #billablehour

It becomes clear that just prompting to get images is a rather elementary use case of AI, compared to the ability to place and move objects, change perspective, adjust lighting, and many other actions using AI.



AlphaFold DB provides open access to over 200 million protein structure predictions to accelerate scientific research. — from

AlphaFold is an AI system developed by DeepMind that predicts a protein’s 3D structure from its amino acid sequence. It regularly achieves accuracy competitive with experiment.


After 25 years of growth for the $68 billion SEO industry, here’s how Google and other tech firms could render it extinct with AI — from fortune.com by Ravi Sen and The Conversation

But one other consequence is that I believe it may destroy the $68 billion search engine optimization industry that companies like Google helped create.

For the past 25 years or so, websites, news outlets, blogs and many others with a URL that wanted to get attention have used search engine optimization, or SEO, to “convince” search engines to share their content as high as possible in the results they provide to readers. This has helped drive traffic to their sites and has also spawned an industry of consultants and marketers who advise on how best to do that.

As an associate professor of information and operations management, I study the economics of e-commerce. I believe the growing use of generative AI will likely make all of that obsolete.


ChatGPT Plus members can upload and analyze files in the latest beta — from theverge.com by Wes Davis
ChatGPT Plus members can also use modes like Browse with Bing without manually switching, letting the chatbot decide when to use them.

OpenAI is rolling out new beta features for ChatGPT Plus members right now. Subscribers have reported that the update includes the ability to upload files and work with them, as well as multimodal support. Basically, users won’t have to select modes like Browse with Bing from the GPT-4 dropdown — it will instead guess what they want based on context.


Google agrees to invest up to $2 billion in OpenAI rival Anthropic — from reuters.com by Krystal Hu

Oct 27 (Reuters) – Alphabet’s (GOOGL.O) Google has agreed to invest up to $2 billion in the artificial intelligence company Anthropic, a spokesperson for the startup said on Friday.

The company has invested $500 million upfront into the OpenAI rival and agreed to add $1.5 billion more over time, the spokesperson said.

Google is already an investor in Anthropic, and the fresh investment would underscore a ramp-up in its efforts to better compete with Microsoft (MSFT.O), a major backer of ChatGPT creator OpenAI, as Big Tech companies race to infuse AI into their applications.


 

 

Florida bar weighs whether lawyers using AI need client consent — from reuters.com by Karen Sloan; via Brainyacts

Oct 16 (Reuters) – Florida lawyers might soon be required to get their client’s consent before using artificial intelligence on their legal matters.

The Florida Bar is crafting a new advisory opinion focused on the use of AI and has asked Florida lawyers to weigh in. Florida bar leaders have tasked the Florida Board Review Committee on Professional Ethics with creating rules around the use of generative AI, such as OpenAI’s ChatGPT, Google Bard or Microsoft’s Bing.


On a somewhat related note, also see:

 

The Game-Changer: How Legal Technology is Transforming the Legal Sector — from todaysconveyancer.co.uk by Perfect Portal

Rob Lawson, Strategic Sales Manager at Perfect Portal discussed why he thinks legal technology is so important:

“I spent almost 20 years in private practice and was often frustrated at the antiquated technology and processes that were deployed. It is one of the reasons that I love working in legal tech to provide solutions and streamline processes in the modern law firm. One of the major grumbles for practitioners is the amount of admin that they must do to fulfil the needs of their clients. Technology can automate routine tasks, streamline processes, and help manage large volumes of data more effectively. This then allows legal professionals to focus on more strategic aspects of their work. Ultimately this will increase efficiency and productivity.”



Some gen AI vendors say they’ll defend customers from IP lawsuits. Others, not so much. — from techcrunch.com by Kyle Wiggers

A person using generative AI — models that generate text, images, music and more given a prompt — could infringe on someone else’s copyright through no fault of their own. But who’s on the hook for the legal fees and damages if — or rather, when — that happens?

It depends.

In the fast-changing landscape of generative AI, companies monetizing the tech — from startups to big tech companies like Google, Amazon and Microsoft — are approaching IP risks from very different angles.


Clio Goes All Out with Major Product Announcements, Including A Personal Injury Add-On, E-Filing, and (Of Course) Generative AI — from lawnext.com by Bob Ambrogi

At its annual Clio Cloud Conference in Nashville today, the law practice management company Clio introduced an array of major new products and product updates, calling the series of announcements its most expansive product update ever in its 15-year history.


AI will invert the biglaw pyramid — from alexofftherecord.com by Cece Xie

These tasks that GPT can now handle are, coincidentally, common tasks for junior associates. From company and transaction summaries to legal research and drafting memos, analyzing and drafting have long been the purview of bright-eyed, bushy-tailed new law grads.

If we follow the capitalistic impulse of biglaw firms to its logical conclusion, this means that junior associates may soon face obsolescence. Why spend an hour figuring out how to explain an assignment to a first-year associate when you can just ask CoCounsel in five minutes? And the initial output will likely be better than a first-year’s initial work product, too.

Given the immense cost-savings that legal GPT products can confer, I suspect the rise of AI in legal tech will coincide with smaller junior associate classes. Gone are the days of 50+ junior lawyers all working on the same document review or due diligence. Instead, a fraction of those junior lawyers will be hired to oversee and QC the AI’s outputs. Junior associates will edit more than they do currently and manage more than they do right now. Juniors will effectively be more like midlevels from the get-go.


Beyond Law Firms: How Legal Tech’s Real Frontier Lies With SMBs (small and medium-sized businesses) — from forbes.com by Charles Brecque

Data and artificial intelligence are transforming the legal technology space—there’s no doubt about it. A recent Thomson Reuters Institute survey of lawyers showed that a large majority (82%) of respondents believe ChatGPT and generative AI can be readily applied to legal work.

While it’s tempting to think of legal tech as a playground exclusive to law firms, as technology enables employees without legal training to use and create legal frameworks and documentation, I’d like to challenge that narrative. Being the founder of a company that uses AI to manage contracts, the way I see it is the real magic happens when legal tech tools meet the day-to-day challenges of small and medium-sized businesses (known as “SMBs”).

 

The Legal Tech Ecosystem: Innovation, Advancement & the Future of Law Practice — by Colin Levy (Author), Tatia Gordon-Troy (Editor), Bjarne Tellman (Foreword)

The Legal Tech Ecosystem: Innovation, Advancement & the Future of Law Practice

The legal landscape is evolving at an unprecedented pace, with the seismic shifts of recent years demanding a fresh perspective on the role of technology and innovation within the legal profession. The Legal Tech Ecosystem delves into this essential transformation, shedding light on the crucial interplay between law and technology in today’s complex world.

At its core, this book addresses the profound changes unfolding in the legal domain, driven by macro-economic forces. These changes have placed an ever-increasing burden on legal departments to accomplish more with fewer resources. A quartet of pillars—the explosive growth of regulations, the challenges posed by globalization, the convergence of risk dimensions, and the pressure on corporate profits—has created an environment where legal professionals must adapt swiftly to succeed.

 

Deepfakes: An evidentiary tsunami! — fromthebrainyacts.beehiiv.com by Josh Kubicki

Excerpt: (emphasis DSC):

I’ve written and spoken about this before but the rise of deepfakes is going to have a profound impact on courts throughout the world. This week we saw three major deepfake stories.

Whether you are a lawyer or not, this topic will impact you. So, please consider these questions as we will need to have answers for each one very soon (if not now).

  1. How will we establish a reliable and consistent standard to authenticate digital evidence as genuine and not altered by deepfake technology?
  2. Will the introduction of deepfakes shift the traditional burdens of proof or production, especially when digital evidence is introduced?
  3. Will courts require expert witnesses for digital evidence authentication in every case, and what standards will be used to qualify these experts?
  4. Are there existing technological tools or methods to detect deepfakes? (yes there is but it is not 100%) How can courts keep abreast of rapidly advancing technology?
  5. …plus several more questions

From DSC:
What are law schools doing about this? Are they addressing this?


And speaking of legal matters and law schools, this might be interesting or helpful to someone out there:

 

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

 

Four Scenarios for the Future of Legal Education — from denniskennedy.com by Dennis Kennedy

Scenario 1: Fully Digitalized Law School
Scenario 2: Blended Law School Experience
Scenario 3: Specialized Legal Education
Scenario 4: Decentralized Legal Education

In the decentralized legal education scenario, the traditional model of law schools is disrupted by the emergence of alternative education platforms and micro-credentialing. The concept of a law degree is replaced by a more flexible and personalized approach to legal education. Students can choose from an array of legal courses offered by various providers, including universities, law firms, online platforms, and even government agencies.

 

Transforming Legal Landscape: How AI is Becoming The Ultimate Sidekick for Lawyers — from aithority.com

A survey by the American Bar Association found that 47% of lawyers believed that AI-powered chatbots could be a valuable resource for individuals seeking legal advice.

AI is more than just a buzzword—it has the power to automate tasks, analyze massive amounts of data, and provide valuable insights, revolutionizing the way law practices operate. In this blog, we’ll explore the top advantages and disadvantages of using AI in law practices, backed up by real-world examples that showcase its impact.

The Evolution of Legal Tech: Implications and Innovations — from einnews.com by Policy2050.com
A Policy2050.com analysis encapsulates lawyers’ perspectives on digital documents, Legal Tech software, Big Tech’s influence, and the promises and perils of AI.

SAN FRANCISCO, CALIFORNIA, USA, September 10, 2023/EINPresswire.com/ — Tech-focused research and strategy firm Policy2050.com has released a new whitepaper titled “The Virtual Verdict: Evolution of Legal Tech in 2023” in its open-access Quick Insights category.

A vast global population remains underserved in terms of civil legal needs. Legal Tech could bridge this gap, making law firms more efficient and legal services more accessible. But might AI be something of a Pandora’s box, especially given the complexities of justice?

Legal Tech Meets Recruitment: Navigating Tomorrow’s Legal Landscape — from abovethelaw.com by haistack.ai
Discover how the synergy of legal tech and recruitment expertise is shaping the future of legal operations, with insights from Lateral Link and haistack.ai.

Here’s where automation stands as a beacon. The days of tedious document reviews and prolonged recruitment processes are being overshadowed by platforms like haistack.ai. Such tools aren’t mere conveniences; they signify a strategic pivot in legal practices, intertwining data analytics and deep learning to yield unprecedented outcomes.

Legal Tech Artificial Intelligence Market with New Technology Estimate to 2031 — from benzinga.com by The Express Wire

In this report analysis, we thoroughly examine the Legal Tech Artificial Intelligence Market by exploring it into different segments, including size, share, and end-users etc. Furthermore, we present forecasts covering the period from 2023 to 2031. Additionally, we provide insights into the current status of the Compound Annual Growth Rate (CAGR) for the upcoming period, and we shine a spotlight on the top players in the industry.

 

 

Generative A.I. + Law – Background, Applications and Use Cases Including GPT-4 Passes the Bar Exam – Speaker Deck — from speakerdeck.com by Professor Daniel Martin Katz

 

 

 


Also relevant/see:

AI-Powered Virtual Legal Assistants Transform Client Services — from abovethelaw.com by Olga V. Mack
They can respond more succinctly than ever to answer client questions, triage incoming requests, provide details, and trigger automated workflows that ensure lawyers handle legal issues efficiently and effectively.

Artificial Intelligence in Law: How AI Can Reshape the Legal Industry — from jdsupra.com

 

Nearly Half of Legal Professionals and Consumers Believe Generative AI Will Transform Law Practice, LexisNexis Survey Finds — from lawnext.com

A new international survey of lawyers, law students and consumers finds that nearly half believe generative AI will have a significant or transformative impact on the practice of law.

Conducted by LexisNexis and released this morning at ILTACON, the annual conference of the International Legal Technology Association, the survey polled 7,950 lawyers, law students and consumers in the U.S., U.K., Canada and France about their overall awareness of generative AI and their perspectives on its potential impact on the practice of law.

Also relevant/see:

Thomson Reuters Releases Report on Impact of AI of Future of Legal Professionals. — from deweybstrategic.com by Jean O’Grady

Thomson Reuters has released its Future of Professionals Report. The research was conducted during the months of May and June 2023 via an online survey. More than 1,200 professionals from the legal, tax and accounting, and risk professions employed by corporations, firms, and government agencies completed the survey.

Art generated by AI can’t be copyrighted, DC court says — from abajournal.com by Amanda Robert

Art created by artificial intelligence cannot receive copyright protection under U.S. law, a federal judge ruled last week in a case that could influence the outcomes of future disputes over authorship and intellectual property.

 

***
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.

 


Speaking of technology within the legal world, also relevant/see:

How in-house legal professionals can embrace technology — from legaldive.com by Lyle Moran
Colin Levy says generative AI tools, as well as well-known legacy products, can help lawyers and other legal department staff enhance their work.

 

This is how the billable hour dies — from jordanfurlong.substack.com by Jordan Furlong
Let me tell you a story about the AI-driven evolution of pricing in the legal market. It might not happen for many years. It might happen much sooner. But when it does, I expect it’ll look like this.

So assemble some of your most creative, forward-thinking people, and ask them: “If the firm could no longer bill our work by the hour, how could we turn a profit?” Give them this article from 2012 to get them started. Show them the firm’s financials for the last 24 months, so that they know how you’re making money now. Have them speak with clients, technology experts, and pricing consultants for insights — might as well get them to ask ChatGPT, too. The answers you get will form the basis of your future strategic plans.

 
© 2024 | Daniel Christian