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Every year about this time, I participate as a faculty member in a training workshop. The workshop designed to teach lawyers how to better use technology in the courtroom, in mediation, or in any setting where they seek to persuade others. We show lawyers of various levels of experience how to use tech to enhance what they are trying to communicate. We limit attendance at the workshop to about 25 people. It’s a 2 ½ day session of intensive training on technology tools. This is followed by the opportunity for each person to give a presentation to the group using the tools about which they have learned.

Continue Reading Technology and Persuasion: It’s All About The Story

Widespread use of generative AI by lawyers and legal professionals will occur when AI tools can be applied to specialized and often private data bases.

There has been a lot of hype about ChatGPT of late, but according to various reports including one by Bob Ambrogi, the legal community’s reaction has been somewhat ho-hum. There are some reasons for that. 

Use of ChatGBT By Legal Professionals

ChatGBT uses a public database–the internet–to derive its answers. At the risk of oversimplification, ChatGPT works by predicting what word will follow another phrase or word. Hence, using all publicly available information to make this prediction could result in some limited or specialized content being missed or misinterpreted. But this specialized content is often needed to answer legally related inquiries. 

Continue Reading Generative AI In Legal Needs Specialized Applications

I came across an article on LinkedIn recently by a former partner of mine. Rob Hickey is an outstanding litigator here in Louisville. While Rob is a defense trial lawyer, his article details some tips for plaintiffs’ lawyers based on his years of experience trying cases and litigating. The article also has some good tips for all of us practice lawyers as well. While there isn’t much about technology here, I applaud Rob for being innovative and courageous to offer helpful advice to the other side of the aisle.

The advice was so good, I reached out to Rob and asked him if I could post his article on my block to which he graciously agreed. I would like to thank Rob. Rob is in the Louisville office of Kopka Pinkus Dolin law firm and concentrates his practice on trucking liability defense, motor vehicle liability defense and general liability defense.

Here is his guest post.

Ten Tips for Plaintiff Personal Injuries From a Defense Lawyer

Continue Reading Guest Post: Ten Tips for Being a More Effective Plaintiff Personal Injury Lawyer (From a Defense Lawyer)
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For the first time since I have attended LegalWeek, it didn’t snow. (LegalWeek is the legal tech conference for Biglaw. The products are marketed toward a big law audience). While the lack of snow sounds inconsequential, just as the weather for this LegalWeek was different, we may be on the cusp of fundamental change in the legal industry.

There was lots of chatter and, well, hype about ChatGPT and generative AI. Tools that allow people to ask a question or for a task to be done and get a result. An AI tool that can write articles and memoranda for you. 

And everyone seems to think generative AI is going to change the profession immediately. Many claim that the conversational ability of ChatGPT and other generative AI tools will make it so powerful that it will disrupt the legal industry.

Continue Reading LegalWeek 2023: A Sea Change in the Profession?

Last week, I posted on the issue of whether law schools should be teaching students how to use tools like ChatGPT. After I posted this, James Lau, well known legal tech author, and former Chief Legal Officer, pointed out to me that Open AI, GPT-4 Technical Report, 14 March 2023, states, “In particular, our usage policies prohibit the use of our models and products in the contexts of high risk government decision making (e.g., law enforcement, criminal justice, migration, and asylum), or for offering legal or health advice.” (page 6)

Continue Reading ChatGPT 4: Do Lawyers Know Just Enough to Be Dangerous?

Lots of questions and unease surround the use of ChatGPT in the classroom and education. The issue may be particularly acute for law schools and professors. Law schools are charged with teaching core legal concepts that (should) equip students to practice law. 

Many law school professors reportedly question how they can do that if students can have the concepts laid out for them by ChatGPT. Even ChatGPT questions how this can be done if students can use ChatGPT on such things as exams. 

Continue Reading Should ChatGPT Be In Law School?

I recently listened to Stephen Poor‘s podcast entitled Pioneers and Pathfinders. I am a regular listener and find it to be always enlightening. (Poor is Chair Emeritus of the large and innovative law firm, Seyfarth Shaw). This past week, Poor’s guest was John Alber, a former partner at Bryan Cave and its Strategic Innovation Partner for many years. Alber was one of the first chief innovation officers in a big law firm, so his experience in that regard, I thought, would be pretty revealing. And he didn’t disappoint. 

Continue Reading When It Comes to Tech, Lawyers in Law Firms Are Entrepreneurs

Last week was the ABA TECHSHOW 2023 in Chicago. I am partial to this show–it’s my favorite of the legal technology shows I attend. It’s my favorite not only because it’s put on by the ABA Law Practice Division, of which I am the current Chair (Yes, I know. I can’t be impartial about this). But it was my favorite even before I became Chair or commenced a leadership position in the Division. I have written about TECHSHOW several times, here, here, and here.

TECHSHOW is geared more toward smaller firms and solo lawyers. There is less high-power selling and nerd speak. There is more education, training and discussion. There is space for more substantive discussions and learning from vendors. People are less interested in sales and more interested in learning. 

Continue Reading ABA TECHSHOW 2023: A Joyous Celebration.  A Rousing Success

I spent this week at the ABA TechShow, which is put on by the Law Practice Division of which I am current Chair. The Show was a rousing success.

Lots of hoopla about new artificial intelligence tools like ChatGPT, generative AI, neural networks, and large language models. Pablo Arredondo, CEO of Casetext, and I presented on the topic. Well, Pablo presented; I just tried to stay out of the way. Pablo is one of the few people who can talk about these tools in a way that even I can understand it.

Continue Reading AI, Generative AI, ChatGPT, Robot Lawyers: Why Should I Care? Are Robots Going to Replace Us ?

Why are lawyers incompetent when it comes to e-Discovery: Hubris. Time. Perceived easier options.

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Stephanie Wilkins recently wrote an excellent article entitled, “Is Attorney E-Discovery Incompetence the Elephant in the Room?” In it, Wilkins notes a recent Report from eDiscovery Today, a website paper from EDRM, commentary by several exerts, and several recent examples that all evidence the glaring ignorance of so many lawyers about e-discovery issues:

Continue Reading Why Are Lawyers So Darned Incompetent With E-Discovery? Three Reasons