Law has a magic wand now — from jordanfurlong.substack.com by Jordan Furlong
Some people think Large Language Models will transform the practice of law. I think it’s bigger than that.

Excerpts:

ChatGPT4 can also do things that only lawyers (used to be able to) do. It can look up and summarize a court decisionanalyze and apply sections of copyright law, and generate a statement of claim for breach of contract.

What happens when you introduce a magic wand into the legal market? On the buyer side, you reduce by a staggering degree the volume of tasks that you need to pay lawyers (whether in-house or outside counsel) to perform. It won’t happen overnight: Developing, testing, revising, approving, and installing these sorts of systems in corporations will take time. But once that’s done, the beauty of LLMs like ChatGPT4 is that they are not expert systems. Anyone can use them. Anyone will.

But I can’t shake the feeling that someday, we’ll divide the history of legal services into “Before GPT4” and “After GPT4.” I think it’s that big.


From DSC:
Jordan mentions: “Some people think Large Language Models will transform the practice of law. I think it’s bigger than that.”

I agree with Jordan. It most assuredly IS bigger than that. AI will profoundly impact many industries/disciplines. The legal sector is but one of them. Education is another. People’s expectations are now changing — and the “ramification wheels” are now in motion.

I take the position that many others have as well (at least as of this point in time) that take the position that AI will supplement humans’ capabilities and activities. But those who know AI-driven apps will outcompete those who don’t know about such apps. 

 

How AI will revolutionize the practice of law — from brookings.edu by John Villasenor

Artificial intelligence (AI) is poised to fundamentally reshape the practice of law. 

Excerpt:

BROADENING ACCESS TO LEGAL SERVICES
AI also has the potential to dramatically broaden access to legal services, which are prohibitively expensive for many individuals and small businesses. As the Center for American Progress has written, “[p]romoting equal, meaningful access to legal representation in the U.S. justice system is critical to ending poverty, combating discrimination, and creating opportunity.”

AI will make it much less costly to initiate and pursue litigation. For instance, it is now possible with one click to automatically generate a 1000-word lawsuit against robocallers. More generally, drafting a well-written complaint will require more than a single click, but in some scenarios, not much more. These changes will make it much easier for law firms to expand services to lower-income clients.

 

Begun, the AI lawsuits have — from bloomberg.com by Brad Stone

Excerpt:

A few intellectual property lawsuits have already been lobbed at the makers of these AI services. Getty sued Stability AI for building its image database by scraping millions of online images, many protected by copyright. In a similar suit, a San Francisco-based class action firm representing three artists sued Stability AI, DeviantArt and Midjourney for training their model with billions of copyrighted images. News publishers have also criticized OpenAI for using their articles to train its AI tools.

But the complaints focus on the creation and training of databases that feed these new AI engines — the inputs. It remains to be seen how rights holders will interpret the output — Yoda’s ramblings, for example — which have been coopted by Character.AI and its ilk without permission from Walt Disney Co.-owned Lucasfilm and other rights holders.

 

 

Policy by Waivers Won’t Boost School Innovation — by Michael B. Horn
“Permissionless” beats having to ask for an okay

Excerpt:

In recent conversations, educators and state policymakers have expressed shock to me that district schools aren’t innovating more. With microschools growing and test scores floundering, why aren’t districts seeking permission to reinvent themselves?

As evidence of the opportunities to innovate, many bureaucrats and think tanks point to the vast number of waivers that states offer. The opportunities to move beyond traditional structures and processes do exist, the argument goes.

Yet waivers help far less than most policymakers believe. Until regulators create frameworks where innovation in pursuit of student outcomes is the default and doesn’t require permission, don’t expect a sea change.


From DSC:
TrimTab Groups. That’s what we need more of within K-12 and higher education. 

Research shows the only way an organization can truly reinvent itself is to launch a separate organization that has the autonomy to rethink its value proposition, resources, processes, and financial formula.

Below is a graphic I created a while back, but with traditional institutions of higher education in mind.

We need more Trim Tab Groups within K-12 and Higher Education.

 

Legal Prompt Engineering – Examples and Tips — from law.mit.edu by Dazza Greenwood and Damien Riehl
Walk through and discussion of Legal Prompt Engineering examples, showing ways to compose inputs to generative AI systems like ChatGPT and Claude to get improved outputs for law and legal processes

 


 


PwC announces strategic alliance with Harvey, positioning PwC’s Legal Business Solutions at the forefront of legal generative AI — from pwc.com

Excerpt:

LONDON, 15 March 2023 – Today, PwC announced a global partnership with artificial intelligence (AI) startup Harvey, providing PwC’s Legal Business Solutions professionals exclusive access (among the Big 4) to the game-changing AI platform.

Harvey, which is backed by the OpenAI Startup Fund, is built on OpenAi and Chat GPT technology. It is a platform that uses natural language processing, machine learning and data analytics to automate and enhance various aspects of legal work. Harvey will help generate insights and recommendations based on large volumes of data, delivering richer information that will enable PwC professionals to identify solutions faster. All outputs will be overseen and reviewed by PwC professionals.

The strategic alliance builds on PwC’s ability to bring human-led and tech-enabled solutions to clients, delivering on its global strategy, The New Equation.

 


The Robot Lawyer Resistance — from a16z Podcast by Andreessen Horowitz

Description of podcast:

Should AI belong in the courtroom? Joshua Browder ventured to run an experiment where a robot lawyer would defend a court case. Looking to up the ante, he even offered $1m for a Supreme Court hearing! His experiment was met with a threat of 6 months jail time. Listen in for the full story.


Also somewhat related, see:

What’s New in Legal Technology? ABA TECHSHOW 2023 — from attorneyatwork.com by Joan Feldman
ABA TECHSHOW has been the place to learn what’s new in legal technology for more than 35 years. Last week in Chicago, we scoped out the ABA TECHSHOW 2023 exposition hall. Here are a few of the highlights.

 
 

Fostering sustainable learning ecosystems — from linkedin.com by Patrick Blessinger

Excerpt (emphasis DSC):

Learning ecosystems
As today’s global knowledge society becomes increasingly interconnected and begins to morph into a global learning society, it is likely that formal, nonformal, and informal learning will become increasingly interconnected. For instance, there has been an explosion of new self-directed e-learning platforms such as Khan Academy, Open Courseware, and YouTube, among others, that help educate billions of people around the world.

A learning ecosystem includes all the elements that contribute to a learner’s overall learning experience. The components of a learning ecosystem are numerous, including people, technology platforms, knowledge bases, culture, governance, strategy, and other internal and external elements that have an impact on learning. Therefore, moving forward, it is crucial to integrate learning across formal, nonformal, and informal learning processes and activities in a more strategic way.

Learning ecosystems -- formal, informal, and nonformal sources of learning will become more tightly integrated in the future

 

Working To Incorporate Legal Technology Into Your Practice Isn’t Just A Great Business Move – It’s Required — from abovethelaw.com by Chris Williams

Excerpt:

According to Model Rule 1.1 of the ABA Model Rules of Professional Conduct: “A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.”

In 2012, the ABA House of Delegates voted to amend Comment 8 to Model Rule 1.1 to include explicit guidance on lawyers’ use of technology.

If Model Rule 1.1 isn’t enough of a motivator to dip your feet in legal tech, maybe paying off that mortgage is. As an extra bit of motivation, it may benefit you to pin the ABA House of Delegate’s call to action on your motivation board.

Also relevant/see:

While courts still use fax machines, law firms are using AI to tailor arguments for judges — from cbc.ca by Robyn Schleihauf

Excerpt (emphasis DSC):

What is different with AI is the scale by which this knowledge is aggregated. While a lawyer who has been before a judge three or four times may have formed some opinions about them, these opinions are based on anecdotal evidence. AI can read the judge’s entire history of decision-making and spit out an argument based on what it finds. 

The common law has always used precedents, but what is being used here is different — it’s figuring out how a judge likes an argument to be framed, what language they like using, and feeding it back to them.

And because the legal system builds on itself — with judges using prior cases to determine how a decision should be made in the case before them — these AI-assisted arguments from lawyers could have the effect of further entrenching a judge’s biases in the case law, as the judge’s words are repeated verbatim in more and more decisions. This is particularly true if judges are unaware of their own biases.

Cutting through the noise: The impact of GPT/large language models (and what it means for legal tech vendors) — from legaltechnology.com by Caroline Hill

Excerpts:

Given that we have spent time over the past few years telling people not to get to overestimate the capability of AI, is this the real deal?

“Yeah, I think it’s the real thing because if you look at why legal technologies have not had the adoption rate historically, language has always been the problem,” Katz said. “Language has been hard for machines historically to work with, and language is core to law. Every road leads to a document, essentially.”

Katz says: “There are two types of things here. They would call general models GPT one through four, and then there’s domain models, so a legal specific large language model.

“What we’re going to see are large-ish, albeit not the largest model that’s heavily domain tailored is going to beat a general model in the same way that a really smart person can’t beat a super specialist. That’s where the value creation and the next generation of legal technology is going to live.”

Fresh Voices in Legal Tech with Kristen Sonday — from legaltalknetwork.com by Dennis Kennedy and Tom Mighell with Kristen Sonday

In a brand new interview series, Dennis and Tom welcome Kristen Sonday to hear her perspectives on the latest developments in the legal tech world.

 

FBI, Pentagon helped research facial recognition for street cameras, drones — from washingtonpost.com by Drew Harwell
Internal documents released in response to a lawsuit show the government was deeply involved in pushing for face-scanning technology that could be used for mass surveillance

Excerpt:

The FBI and the Defense Department were actively involved in research and development of facial recognition software that they hoped could be used to identify people from video footage captured by street cameras and flying drones, according to thousands of pages of internal documents that provide new details about the government’s ambitions to build out a powerful tool for advanced surveillance.

From DSC:
This doesn’t surprise me. But it’s yet another example of opaqueness involving technology. And who knows to what levels our Department of Defense has taken things with AI, drones, and robotics.

 

‘ChatGPT Already Outperforms a lot of Junior Lawyers’: An Interview With Richard Susskind — from law.com by Laura Beveridge
For the last 20 years, the U.K. author and academic has been predicting that technology will revolutionise the legal industry. With the buzz around generative AI, will his hypothesis now be proven true?

Excerpts:

For this generation of lawyers, their mission and legacy ought to be to build the systems that replace our old ways of working, he said. Moreover, Susskind identified new work for lawyers, such as legal process analyst or legal data scientist, emerging from technological advancement.

“These are the people who will be building the systems that will be solving people’s legal problems in the future.

“The question I ask is: imagine when the underpinning large language model is GPT 8.5.”

Blue J Legal co-founder Benjamin Alarie on how AI is powering a new generation of legal tech — from canadianlawyermag.com by Tim Wilbur

Excerpts:

We founded Blue J with the idea that we should be able to bring absolute clarity to the law everywhere and on demand. The name that we give to this idea is the legal singularity. I have a book with assistant professor Abdi Aidid called The Legal Singularity coming out soon on this idea.

The book paints the picture of where we think the law will go in the next several decades. Our intuition was not widely shared when we started the book and Blue J.

Since last November, though, many lawyers and journalists have been able to play with ChatGPT and other large language models. They suddenly understand what we have been excited about for the last eight years.

Neat Trick/Tip to Add To Your Bag! — from iltanet.org by Brian Balistreri

Excerpt:

If you need instant transcription of a Audio File, Word Online now allows you to upload a file, and it will transcribe, mark speaker changes, and provide time marks. You can use video files, just make sure they are small or office will kick you out.

Generative AI Is Coming For the Lawyers — from wired.com by Chris Stoken-Walker
Large law firms are using a tool made by OpenAI to research and write legal documents. What could go wrong?

Excerpts:

The rise of AI and its potential to disrupt the legal industry has been forecast multiple times before. But the rise of the latest wave of generative AI tools, with ChatGPT at its forefront, has those within the industry more convinced than ever.

“I think it is the beginning of a paradigm shift,” says Wakeling. “I think this technology is very suitable for the legal industry.”

The technology, which uses large datasets to learn to generate pictures or text that appear natural, could be a good fit for the legal industry, which relies heavily on standardized documents and precedents.

“Legal applications such as contract, conveyancing, or license generation are actually a relatively safe area in which to employ ChatGPT and its cousins,” says Lilian Edwards, professor of law, innovation, and society at Newcastle University. “Automated legal document generation has been a growth area for decades, even in rule-based tech days, because law firms can draw on large amounts of highly standardized templates and precedent banks to scaffold document generation, making the results far more predictable than with most free text outputs.”

But the problems with current generations of generative AI have already started to show.

 

Meet CoCounsel — “the world’s first AI legal assistant” — from casetext.com

Excerpt:

As we shared in our official press release, we’ve been collaborating with OpenAI to build CoCounsel on their latest, most advanced large language model. It was a natural fit between our two teams. OpenAI, the world leader in generative AI, selected Casetext to create a product powered by its technology that was suitable for professional use by lawyers. Our experience leading legal tech since 2013 and applying large language models to the law for over five years made us an ideal choice.

Meet CoCounsel -- the world's first AI legal assistant -- from casetext

From DSC:
I look forward to seeing more vendors and products getting into the legaltech space — ones that use AI and other technologies to make significant progress on the access to justice issues that we have here in the United States.

 

How Does Your Firm Stack Up When It Comes To Legal Tech? A Look Through the 2022 ABA Legal Technology Survey Report — from jdsupra.com

Excerpt:

The 2022 ABA Legal Technology Survey Report measures current legal technology trends. How does your firm compare to the rest?

Lawyers are rarely accused of rushing into change, but current legal technology trends show a few glimmers of hope that (slowly but surely) law firms are realizing the significance of incorporating technology into their litigation practice to remain relevant and competitive. The 2022 ABA Legal Technology Survey Report: Vol. 5 – Litigation Technology & E-Discovery reveals that law firms went through a belt-tightening phase in 2020 and 2021 but then made investments in 2022 to improve their litigation offerings.


ChatGPT Writes Our February 2023 FPI Newsletter Blog Post — from .law.upenn.edu by the Future of the Profession Initiative (FPI) at Penn Carey Law

Excerpt:

For our February 2023 FPI Newsletter, we used ChatGPT, the advanced chatbot, to help us write this blog post. Below, our prompts are in bold, with ChatGPT responses following.

Write the introduction to a newsletter focused on the legal implications of ChatGPT. Include implications for legal education, law firms, and clients.


Trends and Highlights from the 2023 Midsize Law Firm Priorities Report — from lawtechnologytoday.org Taylor Young

Excerpt:

Earlier this month, Actionstep released the results of the 2023 Midsize Law Firm Priorities Report, an inaugural survey of legal and administrative staff from midsize US law firms focused on identifying their key priorities, challenges, goals, and opportunities heading into 2023.

Trends and insights that rose to the top…


23 Legal Tech Insights for 2023 — New Report with Input from Industry Experts — from lawtechnologytoday.org Taylor Young

Excerpt:

If you are in legal tech, change is constant. This means staying on top of emerging trends (yes, even beyond the latest ChatGPT craze) is vital — not because you need to sign up for every new, shiny thing, but because you want to harness the advantages technology creates and prepare your organization for the future. That’s why tech-savvy practitioners will soon be heading to the ABA TECHSHOW.

As you head into conference-mode to dig into the latest in legal technology at TECHSHOW, our team thought this is the perfect time to share trends and industry insights to give you some food for thought and areas to investigate at the show.

Last year, we shared 10 legal tech trends driving success in the legal industry. Because what we shared was so well received, we’ve expanded the content with our latest report, 23 Legal Technology Insights for 2023, which includes thoughtful analysis of major trends, comments from industry experts, and tips to help you make the most of the tech in your organization. Here’s a snapshot of some of the key technology trends for 2023.

 

Planning for AGI and beyond — from OpenAI.org by Sam Altman

Excerpt:

There are several things we think are important to do now to prepare for AGI.

First, as we create successively more powerful systems, we want to deploy them and gain experience with operating them in the real world. We believe this is the best way to carefully steward AGI into existence—a gradual transition to a world with AGI is better than a sudden one. We expect powerful AI to make the rate of progress in the world much faster, and we think it’s better to adjust to this incrementally.

A gradual transition gives people, policymakers, and institutions time to understand what’s happening, personally experience the benefits and downsides of these systems, adapt our economy, and to put regulation in place. It also allows for society and AI to co-evolve, and for people collectively to figure out what they want while the stakes are relatively low.

*AGI stands for Artificial General Intelligence

 

What ChatGPT And Generative AI Mean For Your Business? — from forbes.com by Gil Press [behind a paywall]

Excerpt:

Challenges abound with deploying AI in general but when it comes to generative AI, businesses face a “labyrinth of problems,” according to Forrester: Generating coherent nonsense; recreating biases; vulnerability to new security challenges and attacks; trust, reliability, copyright and intellectual property issues. “Any fair discussion of the value of adopting generative AI,” says Forrester, “must acknowledge its considerable costs. Training and re-training models takes time and money, and the GPUs required to run these workloads remain expensive.”

As is always the case with the latest and greatest enterprise technologies, tools and techniques, the answer to “what’s to be done?” boils down to one word: Learn. Study what your peers have been doing in recent years with generic AI. A good starting point is the just-published All-in On AI: How Smart Companies Win Big with Artificial Intelligence.

Also relevant/see:

Generative AI is here, along with critical legal implications — from venturebeat.com by Nathaniel Bach, Eric Bergner, and Andrea Del-Carmen Gonzalez

Excerpt:

With that promise comes a number of legal implications. For example, what rights and permissions are implicated when a GAI user creates an expressive work based on inputs involving a celebrity’s name, a brand, artwork, and potentially obscene, defamatory or harassing material? What might the creator do with such a work, and how might such use impact the creator’s own legal rights and the rights of others?

This article considers questions like these and the existing legal frameworks relevant to GAI stakeholders.

 

Allen & Overy breaks the internet (and new ground) with co-pilot Harvey — from legaltechnology.com by Caroline Hill

Excerpt (emphasis DSC):

We’re told that at the end of the trial, around 3,500 of A&O’s lawyers had asked Harvey around 40,000 queries for their day-to-day client work. MIG head David Wakeling said in a statement yesterday: “I have been at the forefront of legal tech for 15 years but I have never seen anything like Harvey. It is a game-changer that can unleash the power of generative AI to transform the legal industry. Harvey can work in multiple languages and across diverse practice areas, delivering unprecedented efficiency and intelligence. In our trial, we saw some amazing results.”

Also related/see:

OpenAI-backed startup brings chatbot technology to first major law firm — from reuters.com by Sara Merken

Summary:

  • Allen & Overy partners with legal startup Harvey
  • Harvey received $5 million in a funding round led by the OpenAI Startup Fund last year


Global Firm Allen & Overy Rolling Out Harvey.ai — from legallydisrupted.com by Zach Abramowitz

Excerpt:

Here’s another way to think about what it can do: read, understand, analyze, issue spot and draft responsive documents. Does that apply to a lot of contract work? Sure. Litigation? Yep, that too. The reason this is hard to swallow is that we’re stuck in a framework where there are contract tools for contracts, eDiscovery tools for discovery, drafting tools for drafting etc. The AI revolution could potentially change that paradigm.


The Top Legal Tech Startups to Watch in 2023 — from gritdaily.com by Spencer Hulse

Excerpt:

There are certain industries that have been slower to embrace technology than others, and the legal profession is one of those at the very top. However, legal tech startups have been gaining ground in recent years, with the market expected to reach around $32 billion in 2025. There is also a significant rise in legal department spending on legal tech, which is only going to rise in the coming years.

Legal tech offers numerous solutions, which include everything from offering legal advice digitally to AI and automating some of the time-consuming processes formerly handled with pen and paper.

The following list includes legal tech startups and companies of all sorts, from those that have been around for years to up-and-coming innovators.


Embracing The Tectonic Shift: How Technology Is Transforming The Legal Profession — from livelaw.in by Khushboo Luthra

According to a Gartner Report, 4 of 5 legal departments plan to increase technology spending. By 2024, legal departments will replace one out of five lawyers with a nonlawyer staff, and 1/4th of the expenditure on corporate legal applications will go to non-specialist technology providers. By 2025, legal departments will have automated 50% of legal work related to significant corporate transactions.


Generative AI Is Coming For the Lawyers — from wired.com by Chris Stokel-Walker
Large law firms are using a tool made by OpenAI to research and write legal documents. What could go wrong?

Excerpt:

The rise of AI and its potential to disrupt the legal industry has been forecast multiple times before. But the rise of the latest wave of generative AI tools, with ChatGPT at its forefront, has those within the industry more convinced than ever.

“I think it is the beginning of a paradigm shift,” says Wakeling. “I think this technology is very suitable for the legal industry.”

Generative AI is having a cultural and commercial moment, being touted as the future of search, sparking legal disputes over copyright, and causing panic in schools and universities.



Addendum on 3/6/23:

Will artificial intelligence replace your lawyer–and will its name be Harvey? — from fortunes.com by Aron Solomon


 
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