From DSC:
What if you were working in the law office that these folks came into for help, representation, and counsel…what would you do?

Or if someone “stole” your voice for a bit:

You can see the critical role that the American Bar Association plays in helping our nation deal with these kinds of things. They are the pace-setters on the [legal] track.

 

The Disruption Of Legal Services Is Here — from forbes.com by John Arsneault

Excerpt:

For the first time in those 12 years, I am now convinced we are on the precipice of the promised disruption in legal. Not because anyone in the law firms are driving toward this — but because venture capital and tech innovators have finally turned their attention to the industry.

Legal services are a much smaller overall market than, say, retail, financial services or biotech. In the world of disruption and the promised gold rush for the companies that do the disrupting, size matters. Legal has just been low on the industry list. Its number is now up.

It’s easy to Monday morning quarterback that industry now. Easy to see how big of a threat Amazon was to those companies. But when you are being rewarded for doing what you have always done and what your predecessors always did, it’s easy to miss what is around the bend. By the time those companies’ executives realized Amazon was a direct competitor with a much better fulfillment model, it was too late.

 

ANALYSIS: Break Down Barriers to Legal Tech Usage With Training — from news.blooberlaw.com by Francis Boustany

Excerpt:

Many law firms and legal departments report barriers to using legal technology, and insufficient training may be a root cause. To help break down these barriers, organizations should consider creating more opportunities for their lawyers and staff to train on legal technology.

When asked to select what barriers to using legal technologies exist at their organizations, respondents to Bloomberg Law’s 2021 Legal Technology Survey indicated that the top obstacles are a lack of tech savvy, a lack of familiarity with available technology, and not enough time to learn the technology.


From DSC:
If it’s not already in place, all law schools should be offering curricula in this area from here on out.

 

Legal Tech’s Predictions for Legal Technology Innovation in 2022 — from legalreader.com by Smith Johnes

Excerpts:

  • By 2024, non-lawyer workers will replace 20% of generalist lawyers in legal departments.
  • Legal departments will have automated half of legal work connected to big corporate transactions by 2024.
  • Legal departments will triple their investment in legal technology by 2025.

From DSC:
What are the ramifications for law schools and legal departments if these legal tech-related predictions come true?

 

[CA] State Bar Proposes Allowing “Paraprofessionals” to Practice Law — from acbanet.org by Tiela Chalmers

Excerpt (emphasis DSC):

The [CA] State Bar currently has committees working on two proposals that would, if approved, have huge impact on the legal profession. Both committees are working on amending the legal regulatory system to address ways to expand the resources available to those needing legal help. One committee is looking particularly at tech solutions, including permitting Artificial Intelligence solutions that would automate answers to legal questions. But this blog post will focus on the one that is farther along in development – permitting “paraprofessionals” to practice some types of law, with various restrictions.

Also see:

California Paraprofessional Program Working Group — from calbar.ca.gov

Excerpt:

The State Bar’s recently published California Justice Gap Study: Measuring the Unmet Civil Legal Needs of Californians, found that 55 percent of Californians experience at least one civil legal problem in their household each year, and Californians received no or inadequate legal help for 85 percent of these problems. A lack of knowledge about what constitutes a legal issue and concerns about legal costs lead many Californians to deal with problems on their own rather than seek legal help. A thoughtfully designed and appropriately regulated paraprofessionals program is an important component of the solution to the access to legal services crisis in California by expanding the pool of available and affordable legal service providers.

 

Justice, Equity, And Fairness: Exploring The Tense Relationship Between Artificial Intelligence And The Law With Joilson Melo — from forbes.com by Annie Brown

Excerpt:

The law and legal practitioners stand to gain a lot from a proper adoption of AI into the legal system. Legal research is one area that AI has already begun to help out with. AI can streamline the thousands of results an internet or directory search would otherwise provide, offering a smaller digestible handful of relevant authorities for legal research. This is already proving helpful and with more targeted machine learning it would only get better.

The possible benefits go on; automated drafts of documents and contracts, document review, and contract analysis are some of those considered imminent.

Many have even considered the possibilities of AI in helping with more administrative functions like the appointment of officers and staff, administration of staff, and making the citizens aware of their legal rights.

A future without AI seems bleak and laborious for most industries including the legal and while we must march on, we must be cautious about our strategies for adoption. This point is better put in the words of Joilson Melo; “The possibilities are endless, but the burden of care is very heavy[…]we must act and evolve with [caution].”

 

The Importance of Using a Legal Videographer in Remote Proceedings — from lawtechnologytoday.org by Dave DaSilva

Excerpt:

Depositions and trials have changed drastically in recent years, as have the jurors who hear cases. The analog days of reading deposition testimony into the trial record have increasingly given way to video clips of witness testimony.

While videography was once a luxury, it’s now a necessity if you want to present the best case for your client. The importance of videography has only increased in the past year as depositions went remote during the pandemic. Professional legal videographers are not only integral to creating the best possible evidence, they’re essential for preserving your case record in a secure and admissible way.

Also see:

 

US Justice Needs Data Reveals No Americans Unaffected by Justice Crisis — from legaltechmonitor.com by Logan Cornett

Excerpt:

It’s no secret that the United States is deeply embroiled in a justice crisis. According to the World Justice Project’s Rule of Law Index, the U.S. ranks 30th out of the world’s 37 high-income countries on the civil justice factor and 22nd on the criminal justice factor. Numerous studies have shone light on aspects of the crisis—some focusing on how it impacts low-income Americans, others homing in on the crisis’s effects in specific geographic regions. Now, with the new report from IAALS’ and HiiL’s joint US Justice Needs project, we have data from more than 10,000 surveyed individuals that illuminates the contours of the justice crisis in this country.

 

The Fight to Define When AI Is ‘High Risk’ — from wired.com by Khari Johnson
Everyone from tech companies to churches wants a say in how the EU regulates AI that could harm people.

Excerpt:

The AI Act is one of the first major policy initiatives worldwide focused on protecting people from harmful AI. If enacted, it will classify AI systems according to risk, more strictly regulate AI that’s deemed high risk to humans, and ban some forms of AI entirely, including real-time facial recognition in some instances. In the meantime, corporations and interest groups are publicly lobbying lawmakers to amend the proposal according to their interests.

 

New Study Reveals the Full Extent of the Access to Justice Crisis in America — from iaals.du.edu by Kelsey Montague

Excerpt (emphasis DSC):

“The findings of this survey,” says Dr. Martin Gramatikov, Measuring Justice Director at HiiL, “indicate what our research has historically shown—that oftentimes the more developed a nation is, the more justice needs exist in the population, and the greater the challenge of access to justice for all. While it is widely understood that there is an access to justice problem in the United States, the full extent of the justice crisis has been less clear, until now. With the results of this survey, and IAALS’ focus on evidence-based reform, we can begin to truly understand the scope of the problem, and work towards the changes needed to address this justice gap.”

On an annual basis, that translates to 55 million Americans who experience 260 million legal problems. A considerable proportion of these problems—120 million—are not resolved or are concluded in a manner which is perceived as unfair. This study shows that access to justice challenges are significant and pervasive.

 
 

From DSC:
Yet another example of the need for the legislative and legal realms to try and catch up here.

The legal realm needs to try and catch up with the exponential pace of technological change

 

Jeremiah 9:23-24 New International Version — from biblegateway.com

23 This is what the Lord says:

“Let not the wise boast of their wisdom
or the strong boast of their strength
or the rich boast of their riches,
24 but let the one who boasts boast about this:
that they have the understanding to know me,
that I am the Lord, who exercises kindness,
justice and righteousness on earth,
for in these I delight,” declares the Lord.

 

Many Americans aren’t aware they’re being tracked with facial recognition while shopping  — from techradar.com by Anthony Spadafora
You’re not just on camera, you’re also being tracked

Excerpt:

Despite consumer opposition to facial recognition, the technology is currently being used in retail stores throughout the US according to new research from Piplsay.

While San Francisco banned the police from using facial recognition back in 2019 and the EU called for a five year ban on the technology last year, several major retailers in the US including Lowe’s, Albertsons and Macy’s have been using it for both fraud and theft detection.

From DSC:
I’m not sure how prevalent this practice is…and that’s precisely the point. We don’t know what all of those cameras are actually doing in our stores, gas stations, supermarkets, etc. I put this in the categories of policy, law schools, legal, government, and others as the legislative and legal realm need to scramble to catch up to this Wild Wild West.

Along these lines, I was watching a portion of 60 minutes last night where they were doing a piece on autonomous trucks (reportedly to hit the roads without a person sometime later this year). When asked about oversight, there was some…but not much.

Readers of this blog will know that I have often wondered…”How does society weigh in on these things?”

Along these same lines, also see:

  • The NYPD Had a Secret Fund for Surveillance Tools — from wired.com by Sidney Fussell
    Documents reveal that police bought facial-recognition software, vans equipped with x-ray machines, and “stingray” cell site simulators—with no public oversight.
 
© 2021 | Daniel Christian