I have been amazed at the knee-jerk and head in the sand reaction of many courts to the use of Gen AI by lawyers appearing before them and the use by judges. Several judges have demanded that lawyers disclose the use of Gen AI and, if so, verify the accuracy of the citations that have been used. One judge even went so far as to demand disclosure of any AI tool, generative or not. And the 5th Circuit is considering not only requiring lawyers to disclose and verify but also requiring non-represented parties to do the same. (Like how are they going to do that?)

Of late, though, there have been more studied reactions to Gen AI in law. There is a welcome recognition of its potential benefit in judicial proceedings by both lawyers and judges.

Continue Reading Navigating the New Legal Landscape: Courts, Lawyers, and the Rising Influence of Generative AI in Judicial Proceedings

It was a cold, dark 2nd of January. Back to school day for my kids, back to work for me, all after a wonderful holiday season. Of course, the kids were out of their routine and not anxious to return. Which meant they were late. Which meant I would be late getting to the office and the mountains of work piled up over the holidays. I had to hurry home after dropping them off to get ready. As I headed down the hill for home, I saw him too late. A cop. Happy New Year, blessed by a speeding ticket. 

For most of us, January is just that way. We know it’s coming, but we can’t stop it. It’s a cold, hard slap of reality. It’s the first day back in the office for many partners and associates. It was a day I dreaded and feared. Dreaded because it meant Christmas was truly over. Feared because who knew what awaited me for the coming year. And it always seemed that I had a trial set in early January for which work was not done as well as it could have been over the holidays.

Continue Reading January Blues: Post-Holiday Reality for Lawyers and Litigators

Photo by Luis Villasmil on Unsplash

With all the hype over GenAI, the metaverse, the digital world where people/avatars can mingle, has been largely forgotten. After all, the notion of working in teams of cartoonish avatars seemed unlikely at best. And silly at worst, particularly for any business purposes. No one seemed interested in dealing face to face with an avatar that looked like, say, Donald Duck. So, most of us dismissed the metaverse, putting it in the same class as blockchain. Much ado about nothing. Solutions in search of problems.

But then I happened to come across some groundbreaking work that Meta (formerly known as Facebook) is doing. The program is called Codec Avatars. It focuses on making the avatars closely resemble what we really look like and less abstract. They call these things Codec avatars. The goal is to make the avatars what they call “photo realistic” as opposed to expressive. Ok, you say, big deal, they are still unrealistic avatars with no arms and legs, etc. Why not just keep using Zoom?

Continue Reading The Metaverse and Blockchain for Legal: We’re Back

Earlier this month, I wrote about an innovative program in Pennsylvania. The program is designed to get younger lawyers more trial and courtroom experience. As part of that program, called Project Litigate, a related Judicial Task Force also is looking at ways to do the same thing. These recommendations include such things as making room for younger lawyers to argue motions in court. Pennsylvania judges have committed to have oral hearings on motions that might otherwise be decided on briefs–if a younger lawyer is involved is one way to do this.

Continue Reading More Judges Recognize the Need for Younger Lawyers to Get Courtroom Experience

NOTE: Last week, I posted on the culture at Casepoint and about its legal hold product. After posting that article, I discovered there were a couple of inaccuracies that needed correcting. The inaccuracies didn’t change my fundamental conclusions about the culture at Casepoint—it’s still alive and well, just like always. I have corrected the inaccuracies in the post below.

Casepoint today announced yet another new product called ChatViewer which I think further reinforces my conclusions. According to Casepoint, ChatViewer, is product upgrade that significantly eases the review process for chat messages, including those from cell phone conversation apps and enterprise collection tools such as Slack and Microsoft Teams. Using ChatViewer, legal professionals can view, search, sort, and manage chat data more easily than ever — allowing them to reduce review time and discovery-related costs.

Mobile data poses lots of headaches and challenges for eDiscovery and legal professionals and is exploding in volume and complexity. Once again, Casepoint saw a pain point of its clients and came up with a tool to make their work better. I will offer more info on ChatViewer in the near future. But for now Kudos once again to Casepoint.

I recently had a chance to catch up with Matt Hamilton, Senior Director of Sales Engineering, and Amit Dungarani, VP Partnerships & Strategic Initiatives at Casepoint. Casepoint is an e-discovery cloud based provider that claims to offer data-based intelligence and full-spectrum eDiscovery. It includes cloud collection, data processing, advanced analytics, and artificial intelligence tools. The platform enables review and customizable productions.

Continue Reading Casepoint Culture Seems Alive and Well

Everyone is talking about the recent Partners Compensation Survey conducted jointly by Major, Lindsay and Africa, and Law360. Perhaps rightly so. The data for the Survey came from some 1800 equity and nonequity partners. While it was not specified, my guess is that those surveyed primarily came from larger firms.

 

The big headline from the Survey is that 2021 was a great year to be a partner in big law, at least financially. It was a record year across the board. So much for the notion that you can’t be productive working from home. But there were some other takeaways that are perhaps not so attention-grabbing. I recently talked with Craig Savitzky, Senior Data Analyst of Law360, about some of these.

Continue Reading The Partners Compensation Survey: Lots of Interesting Non Comp Findings

Earlier this month, EY, the mega accounting firm and one of the Big 4 accounting firms, announced plans to spin off into two separate businesses. One business would be devoted exclusively to providing audits to EY clients. The other business would be devoted to providing a variety of consulting services to EY’s business clients. The consulting business will likely be a public company which suggests where EY is putting its future priorities.

 

The split must be approved by some 10,000 EY global partners, which will take some time. The thought is that this split will eliminate conflicts created by EY’s auditing function. The split will remove obstacles to the consulting and business services EY can provide.

Continue Reading The Big 4: A Growing Risk to Law Firms?

Over the past couple of weeks, there were a couple of developments that could—and I emphasize could—impact the business of law.
 
First, California has flirted off and on for a while now with changing the ownership rules for law firms and allowing nonlawyer ownership. Unlike regulators in Utah and Arizona, though, the good folks in California have never been able to bit the bullet and allow ownership by anyone but full-fledged lawyers. Recently, another California committee once again closed the door. The first was a report out of California.

Continue Reading Two Recent Ethical Developments Could Impact the Business End of Law Practice

Esquire eLitigate™ Helps Attorneys and Court Reporters Standardize and Optimize Virtual Deposition Processes.

 

Esquire Deposition Solutions, a national provider of remote and in-person court reporting and video, yesterday announced it is partnering with a remote deposition and exhibit management provider vTestify to provide a product called Esquire eLitigate™™. eLitigate™ is a technology platform that’s designed specifically for virtual depositions. Currently, in a pilot phase, Esquire eLitigate™ will be released commercially in August 2021.

Continue Reading Esquire and vTestify Announce All-in-One, Virtual Deposition and Exhibit Management Platform

“The future belongs to those who prepare for it today.”

Malcolm X

 

Last week, the Future Trials Working Group of the New York Commission to Reimagine the Future of Courts rendered a comprehensive Report. And it’s chock full of sound analysis and imagining about where Courts, at least in New York, may be going. The Report identifies the critical issues and challenges evolving technology poses for our court systems. (A tip of the hat to my friend Matt Cairns for sending me the Report

 

The Commission itself was formed in June 2020 by New York Chief Judge Janet DiFore. It mission was to make recommendations to improve the quality and delivery of legal services in New York. The Future Trials Group was one of 6 groups established by the Commission.

Continue Reading New York’s Vision of the Future of Courts