US falls out of top 20 in Rule of Law Index, while global declines continue — from abajournal.com by Debra Cassens Weiss

Excerpt:

For the first time, the United States fell out of the top 20 countries for adherence to the rule of law in an index compiled by the World Justice Project.

The United States dropped to No. 21 in the index, while Spain moved in to the top 20, according to press releases here and here and a summary here. The index is based on national surveys of more than 130,000 households and 4,000 legal practitioners and experts around the world.

 

Georgetown Law announces two new degrees, including nation’s first “Master of Law and Technology” Program for non-lawyers — from law.georgetown.edu
Classes will start fall 2020 for new program designed to equip technologists, Hill staff, civil society advocates and other professionals with a foundation in technology law and policy

From DSC:
The legal realm will likely need to get rid of that phrase — “non-lawyers.”

 

AI laws are coming — from forbes.com by Kathleen Walch

Excerpt:

The pace of adoption for AI and cognitive technologies continues unabated with widespread, worldwide, rapid adoption. Adoption of AI by enterprises and organizations continues to grow, as evidenced by a recent survey showing growth across each of the seven patterns of AI. However, with this growth of adoption comes strain as existing regulation and laws struggle to deal with emerging challenges. As a result, governments around the world are moving quickly to ensure that existing laws, regulations, and legal constructs remain relevant in the face of technology change and can deal with new, emerging challenges posed by AI.

Research firm Cognilytica recently published a report on Worldwide AI Laws and Regulations that explores the latest legal and regulatory actions taken by countries around the world across nine different AI-relevant areas.

 

 

Why law librarians are so important in a data-driven world — from Oxford University Press (blog.oup.com) by Femi Cadmus

Excerpt (emphasis DSC):

Looking ahead, the integration of technology in the work of law librarians will only increase. Over 90% of government law library employees say that artificial intelligence or machine learning has already affected their workflow by automating routine tasks. Over a quarter of law firms or corporations now have at least one active artificial intelligence initiative. Of those, more than half involve the library. It is therefore not surprising that the skills law library employees plan to develop in the next two years include artificial intelligence or machine learning, data analytics, and blockchain (in that order).

 

How higher education can adapt to the future of work — from weforum.org by Farnam Jahanian, President, Carnegie Mellon University; with thanks to Evan Kirstel for sharing this here

Excerpts:

Embrace the T-shaped approach to knowledge
The broad set of skills needed by tomorrow’s workforce also affects our approach to educational structure. At Carnegie Mellon University—like many other institutions—we have been making disciplinary boundaries much more porous and have launched programmes at the edges and intersections of traditional fields, such as behavioral economics, computational biology, and the nexus of design, arts, and technology. We believe this approach prepares our students for a future where thinking and working across boundaries will be vital. The value of combining both breadth and depth in higher education has also led to many universities embracing “T-shaped” teaching and learning philosophies, in which vertical (deep disciplinary) expertise is combined with horizontal (cross-cutting) knowledge.

Invest in personalised, technology-enhanced learning
The demand for more highly skilled workers continues to grow. Recent analysis of U.S. data by The Wall Street Journal found that more than 40% of manufacturing workers now have a college degree. By 2022, manufacturers are projected to employ more college graduates than workers with a high-school education or less. Technology-enhanced learning can help us keep up with demand and offer pathways for the existing workforce to gain new skills. AI-based learning tools developed in the past decade have incredible potential to personalise education, enhance college readiness and access, and improve educational outcomes. And perhaps most importantly, technology-enhanced learning has the compelling potential to narrow socioeconomic and racial achievement gaps among students.

The rapid pace of today’s advances requires a more comprehensive workforce and education strategy across a spectrum of measures, including policy, access, programmes and outreach. The private sector, government, educators and policy-makers must work together to deliver multiple pathways to opportunity for young people looking for their first foothold in the job market, as well as to re-skill and up-skill workers striving to maintain their place in the workforce. 

 

Facial recognition startup Clearview AI says its full client list was stolen — from engadget.com by Igor Bonifacic

Excerpt:

You might expect a high-profile (and controversial) facial recognition startup like Clearview AI would have its data locked down, but it turns out it’s just as vulnerable as almost any other company to malicious individuals. In a notification obtained by The Daily Beast, the company says a recent vulnerability allowed someone to gain “unauthorized access” to a list of all of its customers. Clearview works with approximately 600 law enforcement agencies across North America, including the Chicago Police Department.

Also see:

 

 

38 states have adopted the duty of technology competence — from lawsitesblog.com by Bob Ambrogi

Excerpt:

In 2012, something happened that I called a sea change in the legal profession: The American Bar Association formally approved a change to the Model Rules of Professional Conduct to make clear that lawyers have a duty to be competent not only in the law and its practice, but also in technology.

More specifically, the ABA’s House of Delegates voted to amend Comment 8 to Model Rule 1.1, which pertains to competence, to read as follows:

Maintaining Competence
To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject. (Emphasis added.)

 

“Strategy is about folding the future back – it’s not about pushing the present forward!”

Vijay Govindarajan, keynote speaker
at today’s Law 2030 event;
also see the recording here

Law 2030

You can also find video of Day 1 here and Day 2 here.
The PowerPoint slides from each presenter are available at https://www.law2030.org.

From DSC:
The keynote at this morning’s Law 2030 event was done by Vijay Govindarajan, Coxe Distinguished Professor at Dartmouth College’s Tuck School of Business. Vijay offered up a great presentation that reminded me to:

  • THINK BIG!
  • Establish a sizable possibility gap!
  • Have unrealistic goals!
  • Don’t limit your future accomplishments with current expectations!
  • Strive to live to your potential!

His keynote made me think of this graphic from a while back:

We need to think big!

Below is one of the slides from his talk:

Also see the Law2030 hashtag over on Twitter.

 
 

The 2020 ABA Techshow

Also see:

EU Proposes Strict Regulations for AI — from futuretech360.com by John K. Waters

Excerpt:

The European Union this week unveiled its first proposed regulations for artificial intelligence (AI) technology, along with a strategy for handling personal digital data. The new regs provide guidance around such AI use cases as autonomous vehicles and biometric IDs.

Published online by the European Commission, the proposed regulations would apply to “high-risk” uses of AI in areas such as health care, transportation and criminal justice. The criteria to determine risk would include such considerations as whether a person might get hurt, say, by a self-driving car or a medical device, and how much influence a human has on an AI’s decision in areas like job recruiting and law enforcement.

 

 From DSC:
Here are two other example of AI’s further integration into the legal realm:

Casetext is Automating Litigation — from businesswire.com
Casetext’s new litigation automation technology, Compose, automates substantive legal work — and a substantial number of billable hours

Excerpt:

SAN FRANCISCO–(BUSINESS WIRE)–Casetext, the legal technology company known for its groundbreaking A.I. legal research platform, today announces a new product that will define litigation automation: Compose. Compose, which automates the first draft of a legal brief, is poised to disrupt the $437 billion1 legal services industry and fundamentally change our understanding of what types of professional work are uniquely human.


UC Irvine School of Law To Integrate Blue J Legal’s AI-Enabled Tax Platform into Curriculum
— from businesswire.com
First of its kind initiative aims to prepare graduate students for careers in tax law where AI will be integral to the decision-making process

The joint effort aims to demonstrate why advanced technological integration in higher education is important and how to leverage it, specifically in tax law.

 

 

It is high time to reform the rules that govern the practice of law — from legalservicestoday.com by Ralph Baxter

Excerpt:

Current regulations create a closed system
The current regulatory model has created a closed legal services system. It limits who can participate in legal services in two fundamental ways.

First, only those who undergo the time and expense of law school and become licensed as “lawyers” are permitted to deliver legal services. It is a crime for anyone to do work that falls within the deliberately vague definition of “the practice of law” unless they have a lawyer license.

Second, only lawyers are permitted to participate in the financial rewards of a law firm. Investment by others is forbidden, as is sharing profits within a law firm with personnel who are not lawyers.

The consequences of these limitations are clear and profound. The first limitation causes the cost of legal service to be much higher than it otherwise would be; it also causes the law firm workforce to have less diverse backgrounds (as other businesses have) resulting in less creativity and agility.

The second limitation limits the capital law firms can raise, which, in turn, makes it harder for them to invest in new processes and technologies. The most successful firms in this closed system command high enough fees that they can generate their own capital. The majority of firms, however, would benefit from greater access to capital. This is particularly acute for firms which serve individuals and small businesses; in these practices the economic stakes of matters are relatively small, warranting lower fees, making the need for outside capital even greater.

Also see:

 

Legal technology, today and tomorrow: Don’t get left behind — from law.com by Jenn Betts
Staying on top of these developments is no longer enough to “future proof” your practice or your firm. It is imperative to look forward to avoid falling behind.

Excerpt:

Among other kinds of disruptive AI-powered tools already on the market are:

  • Artificial intelligence-enabled document review tools and platforms (which make review of discovery materials quicker and cheaper);
  • Artificial intelligence-enabled tools assisting organizations with selecting outside counsel (which promise more data-driven assessments of “fit” between the firm, client and case);
  • Artificial intelligence patent search engines (which make patent searching easier and more accurate); and
  • Artificial intelligence-powered systems delivering early-stage litigation services, such as drafting answers to complaints, discovery requests and responses, and litigation timelines (which decreases client costs and delivers greater efficiencies).

These tools raise interesting (and largely unanswered) practical and ethical issues relating to the scope of the practice of law, AI disclosure obligations to clients, confidentiality issues regarding client data and the necessity of independent judgment by attorneys.

The pace of development of AI and other advanced technologies is moving at an unprecedented pace.

From DSC:
I agree. The pace of change has changed. It’s now an exponential pace of change. This new pace is having an increasing impact on the legal industry.

 

ABA passes access to justice measure after opposition fades — from news.bloomberglaw.com by Sam Skolnik

  • New York State Bar Association president lauds “powerfully important moment”
  • Vote followed several days of sometimes tense negotiations

Excerpt:

The American Bar Association passed a resolution encouraging state bars to explore innovative approaches to access to justice by voice vote on Monday, after several days of behind-the-scenes negotiations during which its passage seemed unclear.

Proponents of Resolution 115 prevailed in the House of Delegates vote during the ABA midyear meeting in Austin, Texas, in part because they were willing to adjust the proposal’s language to make it more palatable to detractors who had been concerned about its possible impact on legal industry independence. The House of Delegates is the policy-making arm of the ABA, composed of nearly 600 members, two-thirds of whom represent state, local, and specialty-focused bar groups.

Also see:

 

Deloitte Legal to work with academic tech venture group — from artificiallawyer.com

Excerpt:

Deloitte Legal is to collaborate with Conception X, a nine-month programme designed to train PhD students in technology entrepreneurship and to support them in building ventures based on their original research during their degree.

Conception X accepts applications across several research areas including artificial intelligence, machine learning, genetic engineering, blockchain and quantum computing. The first two cohorts, prior to the link-up with Deloitte, have seen the start-ups incorporated by PhD teams collectively raising a total of £5m and generating revenues of £2m.

 

 
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