Corporate legal departments see use cases for generative AI & ChatGPT, new report finds — from thomsonreuters.com


New legal tech tools showcased at CLOC 2023 — from legaldive.comRobert Freedman
Innovations include a better way to evaluate law firm proposals, centralize all in-house legal requests in a single intake function and analyze agreements.

Guest post: CLOC 2023 – Key insights into how to drive value during changing economic times — from legaltechnology.com by Valerie Chan

Excerpt:

Typically, Legalweek has always been focused on eDiscovery, while CLOC was focused on matter management and contracts management. This time I noticed more balance in the vendor hall and sessions, with a broader range of services providers than before, including staffing providers, contracts management vendors and other new entrants in addition to eDiscovery vendors.

One theme dominated the show floor conversations: Over and over, the legal operators I talked with said if their technologies and vendors were able to develop better workflows, achieve more cost savings and report on the metrics that mattered to their GC, the GC could function as more of a business advisor to the C-suite.


AI is already being used in the legal system—we need to pay more attention to how we use it — by phys.org Morgiane Noel

Excerpt:

While ChatGPT and the use of algorithms in social media get lots of attention, an important area where AI promises to have an impact is law.

The idea of AI deciding guilt in legal proceedings may seem far-fetched, but it’s one we now need to give serious consideration to.

That’s because it raises questions about the compatibility of AI with conducting fair trials. The EU has enacted legislation designed to govern how AI can and can’t be used in criminal law.


Legal Innovation as a Service, Now Enhanced with AI — from denniskennedy.com by Dennis Kennedy

Excerpt:

Over the last semester, I’ve been teaching two classes at Michigan State University College of Law, one called AI and the Law and the other called New Technologies and the Law, and a class at University of Michigan Law School called Legal Technology Literacy and Leadership. All three classes pushed me to keep up-to-date with the nearly-daily developments in AI, ChatGPT, and LLMs. I also did quite a lot of experiments, primarily with ChatGPT, especially GPT-4, and with Notion AI.


Emerging Tech Trends: The rise of GPT tools in contract analysis — from abajournal.com by Nicole Black

Excerpt:

Below, you’ll learn about many of the solutions currently available. Keep in mind that this overview is not exhaustive. There are other similar tools currently available and the number of products in this category will undoubtedly increase in the months to come.


Politicians need to learn how AI works—fast — link.wired.com

Excerpt:

This week we’ll hear from someone who has deep experience in assessing and regulating potentially harmful uses of automation and artificial intelligence—valuable skills at a moment when many people, including lawmakers, are freaking out about the chaos that the technology could cause.


 

 

Send in another victim of industrial disease — from jordanfurlong.substack.com
The legal profession is drowning in psychological and emotional distress. One change, right now, could help save the next generation of lawyers from the flood.

Excerpt:

But don’t make the mistake of thinking this is a problem just at Paul Hastings or in the AmLaw 100. It’s everywhere. Mental distress and emotional anguish are endemic throughout the legal profession, driven by pathologies inextricably intertwined with our malignant cultural impulses and exploitative business models. And it’s getting much worse, very fast.

Take a deep breath, and then work your way through this list of findings from seven separate reports into the legal profession’s state of mental and emotional sickness:

  • Massachusetts: 77% of lawyers reported burnout from their work; almost half thought about leaving their job. 40% considered leaving the profession entirely due to stress. 7% experienced suicide ideation in the weeks before the survey.
  • California and DC: Lawyers were twice as likely as the general population to experience thoughts of suicide, and those with high stress were 22 times more likely to have such thoughts.
  • Midsized law firms: Nearly 3/4 of lawyers, paralegals and administrative professionals at midsized law firms report feeling stress, burnout, or being overwhelmed in the past year.
  • Canada: 59% of legal professionals report psychological distress. 56% report burnout. 24% say they’ve experienced suicidal thoughts at least once since starting practice.
  • UK: 62% of lawyers have experienced burnout as a result of their work in the last year. 57% put “an unmanageable caseload” at the top of their list of stressors at work, followed by a lack of work/life balance (42%).
  • In-house counsel: Legal department lawyers face burnout and attrition internally, and supply chain issues and high inflation externally. “The environment legal departments are operating in now is an extremely challenging one.”
  • Law students: Over 75% reported increased anxiety because of law school-related issues; over 50% reported experiencing depression. A majority reported experiencing anxiety (77%), disrupted sleep (71%), and depression (51%).

Every one of the percentages laid out above is higher for new lawyers, higher for women, higher for visible minorities, and higher for members of the LGBTQ+ community. And all but one of these reports were released just in the first two months of 2023.


From DSC:
One of the enormous surprises that I learned about while working at a law school (from 2018-2021) is the state of mental health within the legal industry. It’s not good. Beware!

Students in college — or to anyone who is thinking about entering law school and then practicing some area of law — get educated on things. Talk to lawyers of all kinds — especially in the area(s) that you are thinking of going into.

Then go forward into your decision with your eyes wide open. Know that you will need to put up some serious boundaries; if you don’t do that, you too may suffer the consequences that many lawyers have had to deal with.

I caught up with an old college friend of mine a year or so ago. He was absolutely exhausted. He was emotionally at the end of his rope. He was the owner of his own law firm and was working non-stop. He didn’t want to disappoint his clients, so he kept saying yes to things…to almost everything in fact. He later got out of owning his own firm — thank God — and went to work for an insurance company.

Furlong: Law school curricula and bar admission programs in every jurisdiction should be upgraded, starting today, to include significant instruction to aspiring lawyers about the deadly serious threats to their lives and health posed by choosing a legal career.

I just want to pass this along because I don’t think many younger students realize the state of mental health and stress within the legal field. And while you’re reflecting on that, you should also pulse-check how AI is impacting the legal field. Along these lines — and also from Jordan Furlong — see:

 

7 reasons to get rid of the law degree — from jordanfurlong.substack.com by Jordan Furlong
Requiring a law degree for bar admission imposes unfair burdens on new lawyers and blocks innovation in legal education. Here’s what we can do instead.

Excerpt:

Hey there, legal sector participant! Do you feel that law school is too expensive? That law students graduate too heavily in debt and deeply stressed? That legal education seems impossible to reform? That the whole lawyer development and bar admission system in general is an enormous hot mess?

If so, you’re like thousands of others who’ve grown massively frustrated with the profession’s broken-down approach to developing new lawyers. But I’m here with some good news! There’s a simple and straightforward path to resolving these and many other problems with legal education and bar admission.

We start by getting rid of the law degree.

Now, hold on, let me be clear — I don’t mean kill the law degree itself. That would be crazy.

No, I mean, let’s get rid of the law degree as a mandatory element of the lawyer licensing process. Law schools should continue to offer whatever sort of degree programs they like — but legal regulators and bar admission authorities should no longer require everybody who wants to be a lawyer to get one.

From DSC:
I need to think on this further, but Jordan could be onto something here…

A better pathway to lawyer licensing — from jordanfurlong.substack.com by Jordan Furlong
No law degree; a single knowledge exam; training in legal, business and professional skills; and a term of supervised practice. This is how we do it.

Excerpt:

Previously here at Substack, I provided a pretty comprehensive takedown of the law degree requirement for lawyer licensing. It generated a ton of fascinating and gratifying feedback, here and especially at LinkedIn, with a few objections but mostly a lot of support.

Of course, it’s easy to criticize legal education — fun, too — but look, most people in the legal profession already know all the problems with the law degree, and complaining about it is kind of a vacuous pastime. What I’m really interested in here is a bigger and more important question: How does — how should — someone become a lawyer?

 



Going to court without a lawyer? DIY law is on the rise — from cbc.ca by Yvette Brend
Self-representation saves money, but the larger cost is high, say justice-access advocates

Excerpt:

Most reported feeling the justice system was “unfair,” and many described a sense of “the odds being stacked against them.”

Advocates say the rising number of lawyer-free litigants is problematic. The legal system is meant to be adversarial — with strong lawyers on each side — but the high rate of self-representation creates lopsided justice, pitting an untrained individual against a professional.

‘Legal Tech Lists’: 3 Things Your CRM Should Do For You — from abovethelaw.com by Cady Darago
How you can go beyond merely storing information.

Exploring the Hottest Legal Tech Startups in Europe — from legalreader.com by Amy Hollow
Europe is quickly becoming a hub for legal tech startups, offering innovative solutions to the legal industry.

Excerpt:
Europe is home to some of the most innovative legal tech startups in the world. Here are five of the hottest ones:

    1. Legatics
    2. Juro
    3. LawGeex
    4. The Lawyer Guide
    5. CaseCrunch

Keep Up With Today’s Legal Tech (Or Be Left Behind) — from legaltalknetwork.com by Joy Murao and Tony Sipp

In this podcast:

  • High tech tools aren’t just for big trials anymore. Learn to incorporate the latest tech for depositions and even smaller hearings and trials.
  • Keep track of every detail and hold every bit of data at your fingertips.
  • The COVID-19 pandemic opened doors and highlighted technologies that support paralegals and legal teams in the courtroom and online.

Legal Operations and Generative AI: Preparing for a Sea Change — from jdsupra.com

Excerpt:

AI will likely make lawyer’s jobs easier (or, at least, more interesting) for some tasks, however the effects it may have on the legal profession could be the real legacy of the technology. Schafer pointed to its potential to improve access to justice for people who want legal representation but can’t get it for whatever reason.


 

Fresh Voices on Legal Tech with Natalie Knowlton — from legaltalknetwork.com by Dennis Kennedy and Tom Mighell

EPISODE NOTES

Technology has become the main driver for increasing access to justice, and there are huge opportunities for legal service providers to leverage both existing and emerging tech to reach new clients. Dennis and Tom welcome Natalie Knowlton to discuss the current state of legal services, the justice gap, and ways technology is helping attorneys provide better and more affordable services to consumers. As always, stay tuned for the parting shots, that one tip, website, or observation that you can use the second the podcast ends.

New report on ChatGPT & generative AI in law firms shows opportunities abound, even as concerns persist — from thomsonreuters.com; via Brainyacts #43

Excerpt:

The survey, conducted in late-March by the Thomson Reuters Institute, gathered insight from more than 440 respondent lawyers at large and midsize law firms in the United States, United Kingdom, and Canada. The survey forms the basis of a new report, ChatGPT & Generative AI within Law Firms, which takes a deep look at the evolving attitudes towards generative AI and ChatGPT within law firms, measuring awareness and adoption of the technology as well as lawyers’ views on its potential risks.

The report also reveals several key findings that deserve special attention from law firm leaders and other legal professionals as ChatGPT and generative AI evolve from concept to reality for the vast majority of the legal industry participants. These findings include:

    • Attitudes are evolving around this technology
    • Firms are taking a cautiously proactive approach
    • There’s a growing awareness of the risks

‘Legal Tech Lists’: 5 Lawyer Tropes That Were Upended By Legal Tech — from abovethelaw.com by Jared Correia
These common fictitious scenarios would be solved by technology.

Excerpt:

There are lots of tropes related to lawyers and law firms that frequently show up in works of fiction.  The thing is, those tropes are tropes because they’re sort of old; they’ve been around for a long time. Now, however, modern technology can solve a heck of a lot of those issues. So, for this edition of the “Reference Manual of Lists,” we’re going to relay a trope, offer an example, and talk about how legal tech actually fixes the problem today.

The Future of Generative Large Language Models and Potential Applications in LegalTech — from jdsupra.com by Johannes Scholtes and Geoffrey Vance

Excerpt:

If you made it this far, you should by now understand that ChatGPT is not by itself a search engine, nor an eDiscovery data reviewer, a translator, knowledge base, or tool for legal analytics. But it can contribute to these functionalities.

In-person vs. virtual ADR — How to choose? — from reuters.com by Eric Larson

Excerpt:

April 20, 2023 – Alternative dispute resolution (ADR), a common technique parties can use to settle disputes with the help of a third party, offers several unique benefits over traditional litigation. It is typically more cost-effective, confidential and generally a preferred method to resolving disputes. As a result, counsel and their clients often view ADR as a no-brainer. But the once simple decision to engage in ADR is now complicated by whether to proceed in-person, virtually or with a hybrid approach.

ChatGPT: A Lawyer’s Friend or Ethical Time Bomb? A Look at Professional Responsibility in the Age of AI — from jdsupra.com by Mitchell, Williams, Selig, Gates, & Woodyard

Excerpt:

The emergence of ChatGPT comes with tremendous promise of increased automation and efficiency. But at what cost? In this blog post, we’ll explore the potential ethical time bomb of using ChatGPT and examine the responsibility of lawyers in the age of AI.

 

 

The 2023 Global Sentiment Survey — from donaldhtaylor.co.uk by Don Taylor

Excerpt:

This year’s Global Sentiment Survey – the tenth – paints a picture that is both familiar and unusual. In our 2020 survey report, we noted that ‘Data dominates this year’s survey’. It does so again this year, with the near 4,000 respondents showing a strong interest in AI, Skills-based talent management and Learning analytics (in positions #2, #3 and #4), all of which rely on data. The table is topped by Reskilling/upskilling, in the #1 spot for the third year running.
.

Donald Taylor's GSS 2023

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Also see Don’s report here >>

 

 
 

VR & robotics could be the future of medical training — from vrscout.com by Kyle Melnick
FundamentalVR is partnering with Haply Robotics to provide more realistic VR surgical simulations.

VR & Robotics Could Be The Future Of Medical Training

Also relevant/see:

 

Building a bridge to justice from the other side — from jordanfurlong.substack.com by Jordan Furlong
Our professional-centric approach to resolving unmet legal needs hasn’t worked. Maybe it’s time we empowered the people who are already there.

An enormous and intricate bridge with parts of it bending down and part of it bending up -- creating a criss-cross pattern

Excerpts:

Given all that, I think it’s time we tried demand-side approach instead — one that doesn’t require us to licence and deploy more legal services professionals, but instead focuses on and empowers those who are already dealing with people’s unmet and unrecognized legal needs.

So if we’re not looking for legal professionals, who are we looking for? If we take a user-centred, needs-focused approach, we’ll find ourselves looking for someone who’s familiar to and trusted by the vulnerable people with unmet legal needs, who’s walked with them, earned their confidence over time — “someone who looks like them, understands their situation, and are trusted members of their community.”

These individuals are already present in the lives of people with unmet legal needs. They’re community activists, librarians, hospital employees, teachers, social workers, homeless advocates, therapists, food bank employees, members of a religious order, financial counsellors, mental health clinic staffers, juvenile case workers, and many others.

 


Also from Julie Sobowale, see:

  • Law’s AI revolution is here — from nationalmagazine.ca
    At least this much we know. Firms need to develop a strategy around language models.

Also re: legaltech, see:

  • Pioneers and Pathfinders: Richard Susskind — from seyfarth.com by J. Stephen Poor
    In our conversation, Richard discusses the ways we should all be thinking about legal innovation, the challenges of training lawyers for the future, and the qualifications of those likely to develop breakthrough technologies in law, as well as his own journey and how he became interested in AI as an undergraduate student.

Also re: legaltech, see:

There is an elephant in the room that is rarely discussed. Who owns the IP of AI-generated content?

 

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. 

 

60% of Higher Education Leaders Say Continuing Education is Not Well-Integrated into Institutional Portfolio Offerings — from finance.yahoo.com
Despite Belief that CE Programming Positively Affects Enrollments in Traditional Programming, CE Units Remain Under-Resourced

Excerpt:

TORONTO, March 22, 2023 /PRNewswire-PRWeb/ — While 71% of senior leaders within higher education institutions support scale and growth of continuing education (CE), more than half (57%) feel that their CE units are understaffed to execute on institutional goals. This is according to the 2023 State of Continuing Education report. Published by higher education engagement platform leader Modern Campus, in partnership with the Canadian Association for University Continuing Education (CAUCE), The EvoLLLution, and the University Professional and Continuing Education Association (UPCEA), the study explores professional, continuing, and online (PCO) unit program offerings, institutional support and capabilities, perceptions of the competitive landscape, and continuing education collaboration and integration within the larger institution.

“The future higher education institution is rooted in CE, but delivering on that promise requires both strategic and operational support from the institution,” said Amrit Ahluwalia, senior director of content and strategic insights at Modern Campus and editor-in-chief of The EvoLLLution. “It is our sincere belief that the findings of this study will enable CE professionals to advocate for greater resources and allow them to be seen for the critical functions that their portfolio plays for institutions and learners alike.”

 

Nvidia will bring AI to every industry, says CEO Jensen Huang in GTC keynote: ‘We are at the iPhone moment of AI’ — from venturebeat.com by Sharon Goldman

Excerpt:

As Nvidia’s annual GTC conference gets underway, founder and CEO Jensen Huang, in his characteristic leather jacket and standing in front of a vertical green wall at Nvidia headquarters in Santa Clara, California, delivered a highly-anticipated keynote that focused almost entirely on AI. His presentation announced partnerships with Google, Microsoft and Oracle, among others, to bring new AI, simulation and collaboration capabilities to “every industry.”

Introducing Mozilla.ai: Investing in trustworthy AI — from blog.mozilla.org by Mark Surman
We’re committing $30M to build Mozilla.ai: A startup — and a community — building a trustworthy, independent, and open-source AI ecosystem.

Excerpt (emphasis DSC):

We’re only three months into 2023, and it’s already clear what one of the biggest stories of the year is: AI. AI has seized the public’s attention like Netscape did in 1994, and the iPhone did in 2007.

New tools like Stable Diffusion and the just-released GPT-4 are reshaping not just how we think about the internet, but also communication and creativity and society at large. Meanwhile, relatively older AI tools like the recommendation engines that power YouTube, TikTok and other social apps are growing even more powerful — and continuing to influence billions of lives.

This new wave of AI has generated excitement, but also significant apprehension. We aren’t just wondering What’s possible? and How can people benefit? We’re also wondering What could go wrong? and How can we address it? Two decades of social media, smartphones and their consequences have made us leery.    

ChatGPT plugins — from openai.com

Excerpt:

Users have been asking for plugins since we launched ChatGPT (and many developers are experimenting with similar ideas) because they unlock a vast range of possible use cases. We’re starting with a small set of users and are planning to gradually roll out larger-scale access as we learn more (for plugin developers, ChatGPT users, and after an alpha period, API users who would like to integrate plugins into their products). We’re excited to build a community shaping the future of the human–AI interaction paradigm.



Bots like ChatGPT aren’t sentient. Why do we insist on making them seem like they are? — from cbc.ca by Matt Meuse
‘There’s no secret homunculus inside the system that’s understanding what you’re talking about’

Excerpt:

LLMs like ChatGPT are trained on massive troves of text, which they use to assemble responses to questions by analyzing and predicting what words could most plausibly come next based on the context of other words. One way to think of it, as Marcus has memorably described it, is “auto-complete on steroids.”

Marcus says it’s important to understand that even though the results sound human, these systems don’t “understand” the words or the concepts behind them in any meaningful way. But because the results are so convincing, that can be easy to forget.

“We’re doing a kind of anthropomorphization … where we’re attributing some kind of animacy and life and intelligence there that isn’t really,” he said.


10 gifts we unboxed at Canva Create — from canva.com
Earlier this week we dropped 10 unopened gifts onto the Canva homepage of 125 million people across the globe. Today, we unwrapped them on the stage at Canva Create.


Google Bard Plagiarized Our Article, Then Apologized When Caught — from tomshardware.com by Avram Piltch
The chatbot implied that it had conducted its own CPU tests.

 

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.

 
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