For 2023, one trend is obvious: legal professionals prefer remote work. According to an ABA report on the future of the profession, 87% of lawyers say their workplaces allow them to work remotely. And in just a few years, the percentage of attorneys working exclusively in the office has dropped to less than 30%.
Law Firms And The Metaverse
Since the Metaverse is so new, it will continue to develop and change. Distinct kinds of legal issues and implications have not been uncovered yet. The Metaverse will likely create various legal challenges in the future. This creates a new legal landscape for law firms and lawyers.
Those who anticipate the questions and challenges that may arise will be able to take advantage of this new digital market. Here are some ways a law firm can capitalize on the virtual realities of the Metaverse:
From DSC: My point in posting this item about “The Metaverse” is not to say that it’s here…but to be sure that it’s on your legal radar. There will be enough legal ramifications of AI to last a while, but I would still recommend someone in your firm look at the place of emerging technologies — those techs not only to be leveraged by your firm but also as to what types of legal issues your lawyers will need to be up-to-speed on.
It’s fascinating to see what GPT-3 can do and the possibilities are in some cases nothing short of mind blowing. But before you plan your early 2023 implementation, you may want to exercise a bit of caution. When it comes to using AI in a production environment – i.e., serving real customers with real expectations – you need solutions that deliver reliable results that you can explain to your clients … and potentially to a lot of other stakeholders, including courts and regulatory authorities.
Maybe in 2023 you can also try this line: ‘Dear client / court / regulator, we know it’s hard to believe, but a lot of the time you can rely on what we tell you.’
NOTE: Artificial Lawyer and its Founder are now on sabbatical during 2023, returning in 2024.
From DSC: My guess is that they are pursuing some serious, new opportunities involving using AI within the legaltech realm. Time will tell.
AI legal assistant will help defendant fight a speeding case in court — from newscientist.com by Matthew Sparkes (behind paywall) In February, an AI from DoNotPay is set to tell a defendant exactly what to say and when during an entire court case. It is likely to be the first ever case defended by an artificial intelligence
Also relevant/see:
Over Christmas, @DoNotPay managed to create an AI deepfake clone of my voice. Then, with GPT, we got the bot to phone up Wells Fargo and successfully overturn some wire fees.
This is the perfect use case for AI. Nobody has time to argue on the phone about $12!
Joshua Browder, founder and chief executive of “robot lawyer” app DoNotPay, revealed last week he had created a bot based on the large language model to help people save money on their internet bill.
For people who have used virtual primary care, the vast majority of them (94%) are satisfied with their experience, and nearly four in five (79%) say it has allowed them to take charge of their health.The study included findings around familiarity and experience with virtual primary care, virtual primary care and chronic conditions, current health and practices, and more.
As digital health technology continues to advance and the healthcare industry evolves, many Americans want the ability to utilize more digital methods when it comes to managing their health, according to a study recently released by Elevance Health — formerly Anthem, Inc. Elevance Health commissioned to conduct an online study of over 5,000 US adults age 18+ around virtual primary care.
Lawyers can ask GPT-3 to help write contracts in Microsoft Word thanks to legal tech startup Lexion’s new AI Contract Assist Word plugin. The new tool offers assistance in drafting and negotiating terms, as well as summarizing the contract for those not versed in legal language and marks the growing interest in applying generative AI within the legal profession.
Lexion’s AI Contract Assistant is designed to compose, adjust, and explain contracts with an eye toward streamlining their creation and approval. Lawyers with the Word plugin can write a prompt describing the goal of a contract clause, and the AI will generate one with appropriate language.
WASHINGTON—The Legal Services Corporation (LSC) announced today that it is awarding 33 Technology Initiative Grants (TIG) to 29 legal services providers totaling $4,679,135. These organizations will use the funds to leverage technology in delivering high-quality legal assistance to low-income Americans.
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Grant recipients have used this funding to enhance cybersecurity, build educational platforms, strengthen program capacity and support the work of pro bono attorneys. Successful TIG projects are often replicated by organizations around the country, creating wide-reaching impacts.
Stephen Younger argues against nonlawyer ownership on the grounds that it would threaten the independence of the legal profession and would not solve the access to justice crisis. In contrast, Ralph Baxter offers a pro-reform perspective, arguing that reforms are necessary to meaningfully address the access to justice crisis—and that state bar association inaction on these issues constitutes a dereliction of duty.
In part one of this two-part IAALS blog series, we explored Younger’s argument in “The Pitfalls and False Promises of Nonlawyer Ownership of Law Firms.” This piece details Baxter’s opposing perspective as set out in “Dereliction of Duty: State-Bar Inaction in Response to America’s Access-to-Justice Crisis.”
In the meantime, looking back on the top legal technology news stories is a great way to identify key trends that hint at what’s to come for lawyers and their clients in 2023 and beyond.
Attorneys and their client are looking for a more secure, more familiar, more intuitive, more efficient virtual environment than the mass-market videoconference platforms that were hastily deployed during the pandemic.
Eighty-eight percent of lawyers responding to a recent American Bar Association survey said they prefer the use of remote depositions in their practices. Another 93% supported the use of remote technologies for all pretrial hearings.
The survey results are further evidence of the rapid and profound transition toward wider use of remote technologies in the legal profession. .
One year in, the Utah Supreme Court had approved 30 companies, including those that created initiatives to provide individuals help completing court forms and receiving legal advice via chatbot.
… The ruling is monumental because it allows legal professionals to provide guidance on completing legal forms that might be applied to other areas of law, including through online tools that can reach exponentially more individuals.
“By ruling in favor of Upsolve, the Southern District of New York… established a new First Amendment right in America: the right for low-income families to receive free, vetted, and accountable legal advice from professionals who aren’t lawyers,” said Rohan Pavuluri, Upsolve’s Co-Founder and CEO.
The University of Chicago Medicine is working with Legal Aid Chicago to embed lawyers at the system’s trauma center in Chicago’s Hyde Park neighborhood to help victims of violence.
The real question AI poses for the legal profession, says Susskind, is to what extent machines can be used to reduce uncertainty posed by problems. The fundamental question, says Susskind, is thus what problems lawyers are currently trying to solve that machines can solve better and quicker. The lawyer’s job in the future will be to focus on what clients really want: outcomes. Machines can’t provide outcomes, only reduce the uncertainty surrounding the potential outcomes, according to Susskind.
Ultimately we need both solutions: fixing copyright law to accommodate works used to train AI systems, and developing AI systems that respect the rights of the people who made the works on which their models were trained. One can’t happen without the other.
“Complicit bias” tops a list of new legal terms and expressions in 2022 compiled by law professors and academics who are on a committee for Burton’s Legal Thesaurus.
Law360 has a story on the top new terms and their meanings. According to the story, “complicit bias” refers to “an institution or community’s complicity in sustaining discrimination and harassment.”
Law360 listed 10 top legal terms, including these:
After playing with in for the past 24 hours, I believe #ChatGPT is going to change the world, including the world of law and legal education. Ignore it at your peril. #AI#innovation#legaltech
More interesting results from #ChatGPT. I entered the same prompt about a bicycle accident twice — once bracketed by clear messaging that I was looking for legal advice, once without that messaging. Check out the differences. pic.twitter.com/BJJiGjAvs6
Seriously, #ChatGPT is going to change everything about how people gain access to legal information and guidance. Look at this. pic.twitter.com/BkxZlMxB9o
Out today! Catch the latest episode of Talk Justice for a look at creative ways to connect people with legal professionals and resources– by bus, kiosks and even a kayak! https://t.co/wApNohRJw3
From DSC: I received an email the other day re: aTytoCare Exam Kit.It said (with some emphasis added by me):
With a TytoCare Exam Kit connected to Spectrum Health’s 24/7 Virtual Urgent Care, you and your family can have peace of mind and a quick, accurate diagnosis and treatment plan whenever you need it without having to leave your home.
Your TytoCare Exam Kit will allow your provider to listen to your lungs, look inside your ears or throat, check your temperature, and more during a virtual visit.
Why TytoCare?
Convenience – With a TytoCare Exam Kit and our 24/7/365 On-Demand Virtual Urgent Care there is no drive, no waiting room, no waiting for an appointment.
Peace of Mind – Stop debating about whether symptoms are serious enough to do something about them.
Savings – Without the cost of gas or taking off work, you get the reliable exams and diagnosis you need. With a Virtual Urgent Care visit you’ll never pay more than $50. That’s cheaper than an in-person urgent care visit, but the same level of care.
From DSC:
It made me reflect on what #telehealth has morphed into these days. Then it made me wonder (again), what #telelegal might become in the next few years…? Hmmm. I hope the legal field can learn from the healthcare industry. It could likely bring more access to justice (#A2J), increased productivity (for several of the parties involved), as well as convenience, peace of mind, and cost savings.
OpenAI has built the best Minecraft-playing bot yet by making it watch 70,000 hours of video of people playing the popular computer game. It showcases a powerful new technique that could be used to train machines to carry out a wide range of tasks by binging on sites like YouTube, a vast and untapped source of training data.
The Minecraft AI learned to perform complicated sequences of keyboard and mouse clicks to complete tasks in the game, such as chopping down trees and crafting tools. It’s the first bot that can craft so-called diamond tools, a task that typically takes good human players 20 minutes of high-speed clicking—or around 24,000 actions.
The result is a breakthrough for a technique known as imitation learning, in which neural networks are trained to perform tasks by watching humans do them.
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The team’s approach, called Video Pre-Training (VPT), gets around the bottleneck in imitation learning by training another neural network to label videos automatically.
“Most language learning software can help with the beginning part of learning basic vocabulary and grammar, but gaining any degree of fluency requires speaking out loud in an interactive environment,” Zwick told TechCrunch in an email interview. “To date, the only way people can get that sort of practice is through human tutors, which can also be expensive, difficult and intimidating.”
Speak’s solution is a collection of interactive speaking experiences that allow learners to practice conversing in English. Through the platform, users can hold open-ended conversations with an “AI tutor” on a range of topics while receiving feedback on their pronunciation, grammar and vocabulary.
It’s one of the top education apps in Korea on the iOS App Store, with over 15 million lessons started annually, 100,000 active subscribers and “double-digit million” annual recurring revenue.
If you last checked in on AI image makers a month ago & thought “that is a fun toy, but is far from useful…” Well, in just the last week or so two of the major AI systems updated.
You can now generate a solid image in one try. For example, “otter on a plane using wifi” 1st try: pic.twitter.com/DhiYeVMEEV
So, is this a cool development that will become a fun tool for many of us to play around with in the future? Sure. Will people use this in their work? Possibly. Will it disrupt artists across the board? Unlikely. There might be a few places where really generic artwork is the norm and the people that were paid very little to crank them out will be paid very little to input prompts. Look, PhotoShop and asset libraries made creating company logos very, very easy a long time ago. But people still don’t want to take the 30 minutes it takes to put one together, because thinking through all the options is not their thing. You still have to think through those options to enter an AI prompt. And people just want to leave that part to the artists. The same thing was true about the printing press. Hundreds of years of innovation has taught us that the hard part of the creation of art is the human coming up with the ideas, not the tools that create the art.
A quick comment from DSC: Possibly, at least in some cases. But I’ve seen enough home-grown, poorly-designed graphics and logos to make me wonder if that will be the case.
How to Teach With Deep Fake Technology — from techlearning.com by Erik Ofgang Despite the scary headlines, deep fake technology can be a powerful teaching tool
Excerpt:
The very concept of teaching with deep fake technology may be unsettling to some. After all, deep fake technology, which utilizes AI and machine learning and can alter videos and animate photographs in a manner that appears realistic, has frequently been covered in a negative light. The technology can be used to violate privacy and create fake videos of real people.
However, while these potential abuses of the technology are real and concerning that doesn’t mean we should turn a blind eye to the technology’s potential when using it responsibly, says Jaime Donally, a well-known immersive learning expert.
From DSC: I’m still not sure about this one…but I’ll try to be open to the possibilities here.
Recently, we spoke with three more participants of the AI Explorations program to learn about its ongoing impact in K-12 classrooms. Here, they share how the program is helping their districts implement AI curriculum with an eye toward equity in the classroom.
A hitherto stealth legal AI startup emerged from the shadows today with news via TechCrunch that it has raised $5 million in funding led by the startup fund of OpenAI, the company that developed advanced neural network AI systems such as GPT-3 and DALL-E 2.
The startup, called Harvey, will build on the GPT-3 technology to enable lawyers to create legal documents or perform legal research by providing simple instructions using natural language.
The company was founded by Winston Weinberg, formerly an associate at law firm O’Melveny & Myers, and Gabriel Pereyra, formerly a research scientist at DeepMind and most recently a machine learning engineer at Meta AI.
The Justice Gap: The Unmet Civil Legal Needs of Low-income Americans — from the Legal Services Corporation
Legal Services Corporation’s 2022 Justice Gap Report provides a comprehensive look at the differences between the civil legal needs of low-income Americans and the resources available to meet those needs. LSC’s study found that low-income Americans do not get the help they need for 92% of their civil legal problems, even though 74% of low-income households face at least one civil legal issue in a single year.
The consequences that result from a lack of appropriate counsel can be life-altering – low-income Americans facing civil legal problems can lose their homes, children and healthcare, among other things. Help can be hard to access, so LSC is working to bridge this “justice gap” by providing pro bono civil legal aid for those in need. Find out more about LSC’s work to ensure equal justice for all by tuning in to the rest of the Justice Gap video series.
Table of Experts: Trends in Higher Education — from bizjournals.com by Holly Dolezalek. The Minneapolis-St. Paul Business Journal held a panel discussion recently about trends in higher education.
Excerpts (which focus on law schools/the legal profession):
Anthony Niedwiecki: The legal profession and legal education are very conservative. Covid showed they can, and we as institutions can, change. At Mitchell Hamline, we were the first law school in the country to offer a partially online JD degree. We’ve had that experience since 2015, which has really helped us through Covid. But I think the biggest thing I’ve learned from our students through this process is the need for flexibility. We thought students would want to go back into the classroom at some point and be around people. No! They voted by the classes they signed up for: They signed up for the classes that were online. Some students want to be on campus, some online. So we’ve had to develop our program around different types of modalities we may not have given any thought to before. The students in the online program range in age all the way up to 73 years old. They’ve been in careers, they’re accountants, they’re doctors, they’re health care professionals, elected officials. The other thing is office hours — students like online office hours because it’s convenient, and they can be in an office where other people are talking and learn from it.
The lesson I take from that, in some ways, even applying it to the law school, is having that partnership with people who want to hire students to make sure that they’re actually involved with the students. We’re finding they help mentor those students, help us make sure we have the right courses in place, and give them opportunities to do internships and externships. So we’ve been starting to partner with some national professional organizations that are attached to the law.
Soaring Travel Costs Put Lawyers Back on Zoom –– from kift.com Matthew Parsons Rising airfares and travel costs are prompting legal professionals involved in dispute resolutions to return to video conferencing.
With the cost of international air travel rising sharply, remote hearings are a practical alternative to in-person proceedings. International travel is expensive, and the virtual option means that it is no longer necessary to count travel as a “cost of doing business” when pursuing an international dispute. The widespread use of technology in global dispute resolution proceedings gives attorneys and their clients the option to participate remotely, which is a compelling cost saver for all parties.
Most debt lawsuits get decided without a fight. Michigan leaders want to change the rules. — from mlive.com by Matthew Miller Excerpt:
Most of the 1.9 million debt collection cases filed in Michigan’s district courts over the past decade or so never went to trial. Usually, the defendants don’t show up to court, and debt collectors win by default, according to data compiled by the Michigan Justice for All Commission. In most cases, the courts end up garnishing defendants’ wages, income tax returns or other assets, sometimes on the basis of complaints that include little more than the name of the creditor, an account number and the balance due.
And both debt lawsuits and garnishment are more common for people living in primarily Black neighborhoods, regardless of their income.
Members of the Commission say Michigan’s rules around debt collection lawsuits don’t do enough to protect regular people, who sometimes don’t find out they’ve been sued until they see money coming out of their paychecks.
An early participant in the Law Society of BC’s Innovation Sandbox, the Clinic offers the in-person and virtual help of 25 articling students located in 15 different BC communities —from Tofino to Cranbrook— with the support of 15 supervising lawyers, four staff and dozens of local mentors. Together, they provide fixed-fee services in a wide range of areas covering everyday legal problems.
Yale Law School — long ranked No. 1 by U.S. News & World Report — is quitting the magazine’s rankings, it announced Wednesday. Hours after that announcement, which was first reported by The Wall Street Journal, Harvard Law School said it would do the same.
“U.S. News stands in the way of progress for legal education and the profession,” said Heather Gerken, Yale Law School’s dean. “It’s made it harder for law schools to admit and support low-income students, and it’s undermining efforts to launch a generation to serve. Now is the time to take a step.”
IAALS, the Institute for the Advancement of the American Legal System at the University of Denver, announced today that it released its new Allied Legal Professionals landscape report, along with an accompanying online Knowledge Center. With generous support from the Sturm Family Foundation, this project seeks to help standardize a new tier of legal professionals nationally, with the goal of increasing the options for accessible and affordable legal help for the public.
“Today, the majority of Americans are faced with a very serious access to justice problem—not only low-income populations, as many people believe. And the pandemic has only made matters worse in recent years,” says Jim Sandman, chair of IAALS’ board of advisors and President Emeritus of the Legal Services Corporation. “For example, studies show that around 40–60% of the middle class have legal needs that remain unmet. Simply put: people want legal help, and they are not getting the help they need.”
The premise of this post is that individual capabilities and excellence (either legal or technical) standing alone are not enough to ensure long-term, sustainable success. No superstar technologist or lawyer is equipped to do it all, as there are too many specialties and functional roles which need to be filled. Rather, a better approach is to construct team-based, cross-functional units that offer greater operational efficiency while building in layers of redundancy that reduce the potential for surprises, errors, or disruption. Cf Post 323 (Patrick McKenna’s “rules of engagement” for high-performing legal teams).
