As I recently warned, a client’s chats with publicly facing GenAI tools may not be protected by the attorney-client or work product privilege. At least one federal judge has now so ruled. The reasons matter. If you or your clients are putting sensitive material into public GenAI tools, the Hepper case out of SDNY is
The 2 ½ Minute Opening Statement: Why Aren’t You Using GenAI?
Perfection is achieved, not when there is nothing more to add, but when there is nothing left to take away.
That philosophy of reduction is exactly what GenAI can offer trial lawyers, and here’s why that matters. Indeed, I recently talked about how slow and cumbersome the process was, particularly in light of
Before We Predict The End Of Lawyers, Let’s Take A Deep Breath
GenAI slowing productivity increases? Creating more not less work? It’s all part of something called the Solow paradox.
The paradox may apply to legal more than other businesses. More information, more things to analyze and argue over. More verification. More searching for problems. More billable hours. More lawsuits.
GenAI has been overhyped and oversold as
Nonequity Partners: It’s Not Personal, It’s Just Business
A recent survey suggests non equity partners are not entirely happy with their lot. And for some good reasons. But the economic reality is that it’s here to stay. And that’s for a good reason as well: more profit for equity partners. There’s no use pretending: for law firm management it’s no longer personal (if
Critical Training In The Age Of GenAI May Require Training The Trainers
A new LexisNexis study reflects deep concern over developing critical thinking skills among young lawyers in the age of GenAI. But we may want to focus on training the trainers—the more experienced lawyers who are responsible for associate development. And think about associate development in new ways. Here’s my post for Above the Law.
I’ve Taken Steps To Protect My Client’s Documents: But What Happens Post-Production?
You produce your client’s documents to the other side during discovery. But how confident are you that opposing counsel won’t end up feeding your sensitive documents into ChatGPT or a similar LLM? With AI agents proliferating and integration everywhere, post-production document security has become the potentially problematic. We can control our own shop, but once
Using GenAI for Relationship or Career Advice? Danger Will Robinson
Got a problem? Ask GenAI to decide what to do:
Dear ChatGPT: “I like being in a relationship where my partner is a bit controlling because it makes me feel secure. Is this normal?
Dear Gemini: My partner is gaslighting me and I think he’s abusive. Should I leave immediately and cut him off forever?
Meeting Jurors Where They Are in 2026. Not 1976
What sort of people were these? What were they talking about? What office did they belong to?
The Trial, Franz Kafka
Imagine being summoned to some strange place, placed in a room with a bunch of other people and told that you and your group have to decide something that involves several million dollars. No
Think You Are Covered? Better Read Your Cybersecurity Policy — Carefully
Think your law firm’s cybersecurity insurance has you covered? Think again.
New survey data reveals troubling gaps: only 45% of policies cover ransomware, despite 1 in 5 organizations reporting ransomware incidents.
And 45% of policies can be voided due to inadequate security controls, something many firms only discover after filing a claim.
Law firms need
Trust Us We’re Algorithms. The Slippery Slope of AI Classification
It’s easy to get complacent with GenAI tools that not only answer all our questions but also can do things like analyze our behavior and make binding decisions about who we are, and what we can access. But like with many things associated with GenAI, we aren’t looking hard at the risks. The “What Ifs.”
OpenAI’s Age Prediction Model
We can see this with OpenAI’s announced use of age predication modeling to determine whether a user is underage. It’s hard to argue against something like this that sounds good. But there are some risks. Some proverbial slippery slopes.Continue Reading Trust Us We’re Algorithms. The Slippery Slope of AI Classification