My Two Cents: The ABA Takes Lawyers’ Use of AI Head-On!

I can’t visit Chicago without stopping by one of my favorite apple stores!

Last week, I attended the ABA 2024 Annual Meeting in Chicago, focusing on the Artificial Intelligence (AI) sessions. This conference followed the release of the ABA’s Formal Opinion 512 on Generative Artificial Intelligence Tools. Over the past few years, the ABA has issued several opinions indirectly addressing AI:

• ABA Formal Opinion 511 (May 8, 2024): Addressing confidentiality obligations when lawyers post to listservs, with implications for the use of large language models (LLMs) and generative AI.

• ABA Formal Opinion 498 (March 10, 2021): Discussing the ethical implications of remote work, including the use of technology such as AI.

• ABA Formal Opinion 482 (September 19, 2018): Addressing ethical obligations related to disasters, including the use of technology to continue providing legal services.

• ABA Formal Opinion 477R (May 11, 2017, revised May 22, 2017): Providing guidance on securing communication of protected client information, including the use of technology such as AI.

Opinion 512 emphasizes that lawyers must balance the benefits of AI tools with their ethical obligations to ensure competent, confidential, and transparent client representation. I plan to delve deeper into Opinion 512 next week. The key takeaway is that as AI technology evolves, ongoing education and vigilance are crucial to maintaining high professional standards in the legal field. This is why I attended the ABA 2024 Conference!

Session Highlights

CLE in the City: AI Hot Topics Every Lawyer Needs to Know

Jayne R. Reardon, discussing the ethical and professional responsibility issues lawyers must be aware of when using AI for their work!

The first session I attended was "CLE in the City: AI Hot Topics Every Lawyer Needs to Know," hosted by Taft Law and moderated by Lucy L. Thompson, Principal at Livingston PLLC. The panel included:

• Leighton Allen, Associate at Foley & Lardner, LLP.

• Jayne R. Reardon, Ethics and Professional Responsibility Counsel

• Magistrate Judge Gabriel A. Fuentes, U.S. Magistrate Judge, Northern District of Illinois

• Josh Strickland, Corporate Vice President, Global Products, Motorola Solutions

• Honorable E. Kenneth Wright, Jr., Presiding Judge, 1st Municipal District, Circuit Court of Cook County

• Professor Daniel W. Linna, Jr., Director of Law and Technology Initiatives, Northwestern Pritzker School of Law, and McCormick School of Engineering

Jayne Reardon discussed the ethical considerations lawyers must address when using AI, covering issues from hallucinations to confidentiality. Judge Fuentes shared his journey from having a no-AI policy to realizing its impracticality, acknowledging that AI is already embedded in tools like spell check, grammar check, and legal research. Ultimately, the responsibility lies with the lawyer to verify their work before submission.

Access to Justice

Another significant topic was access to justice. Judge Wright emphasized the importance of helping economically disadvantaged individuals with their legal matters. When I asked the panel if they knew of any AI tools that were reliable, maintained client PII, and were free to the public, none could provide an example. The general consensus was that this is a significant hurdle in meeting access to justice needs.

AI in Legal Education

Legal experts debate AI ethics at the ABA 2024 Conference

Improving AI is being addressed through both education and development. Professor Linna mentioned that his school is teaching AI to law students, with law students and computer engineers collaborating on AI projects. This is promising, but it raises questions about how well other law schools are addressing this matter. Some schools are only beginning to teach basic automation functions in Microsoft Word, which has been around for decades. 🙄 This disparity highlights the challenge law schools face in keeping up with the rapidly changing technology landscape.

ABA Experts Session: Technology Issues

In this intimate gathering moderated by Anna Mercado Clark, Esq., CIPP/E, CIPP/US, CIPM, FIP, partner at Phillips Lytle LLP and co-leader of its Technology Industry Team, participants engaged in a candid discussion about the concerns surrounding technology in today's legal practice. A primary concern among attendees, including myself, was the impact of AI on the legal profession. Questions arose such as: Will AI replace the need for lawyers? How can lawyers stay updated on AI capabilities and limitations? Do lawyers need to incorporate AI into their practice? What are the courts' stances on AI usage, and to what extent is it permitted?

The discussion built on points from the earlier session but offered unique insights from participants like Justice Robert J. Torres Jr., Chief Justice of the Supreme Court of Guam, and Manuel A. Quilichini García, President of the Puerto Rico Bar Association. They highlighted how AI is affecting lawyers, judges, and court systems, stressing the importance of practical, real-life experiences in integrating AI into legal practice. These real-world insights are crucial for lawyers to navigate the future competently and ethically.

CLE/ETHICS: Ethics, Uses and Abuses of Generative AI (GAI) for Attorneys and Judges: An Interactive Session

This session on the ethics of generative AI, Moderated by Justice Torres, delved into the ethical implications and challenges posed by AI in the legal field. The panel included:

• Hon. Samuel A. Thumma, Arizona Court of Appeals, Division One, who serves on the ABA's Judicial Division and Appellate Judges Conference Ethics & Professional Committees;

• Hon. Kimberly Kim, Assistant Chief Administrative Judge of the California Public Utilities Commission, who serves on the Technology Committee of the AB's Judicial Division;

• Hon. Jennifer A. Mabey, Utah District Court Judge;

• Hon. Stephanie Domitrovich, PhD, Sr. Trial Court Judge of Pennsylvania state courts; and

• Zach Warren from Thomson-Reuters

Lead by Justice Torres, A Panel discusses ethical challenges of AI for lawyers and judges.

This session delved into the ethical implications and challenges posed by AI in the legal field. The panel underscored the necessity for legal professionals to understand the capabilities and limitations of AI technologies to ensure they are used responsibly and ethically. Zach Warren started by providing the audience with a framework that defined key terms. The discussions then focused on maintaining client confidentiality, the accuracy of AI-generated information, and the potential biases embedded in AI systems. Several examples with multiple-choice answers highlighted real-life scenarios, evoking memories of the multi-state portion of the bar exam for some audience members. The program emphasized the importance of continuous education and ethical vigilance as lawyers integrate AI into their practices, ensuring that these technologies enhance rather than undermine the justice system.

Final Thoughts

The ABA 2024 Annual Conference underscored the critical role of AI in modern legal practice and the ethical considerations that come with it. AI is already a part of legal practice, from spell check and grammar check to legal research tools like LexisNexis, Westlaw, and Fastcase. Staying informed and adapting to these changes is essential for maintaining high professional standards and ensuring access to justice for all. If you and your firm are not keeping up with the acceleration of AI, you risk losing clients to more efficient firms, revenue, and scrutiny from your bar association regarding compliance with ethical standards.

Lawyers who do not keep up with the evolving AI landscape will be left behind by those who do!

🚨

Lawyers who do not keep up with the evolving AI landscape will be left behind by those who do! 🚨

MTC

Monday Morning Humor: The Cellular Plan!

Inspired by Nate Fakes at www.NateFakesCartoons.com

Its amazing how mobile technology has a grip on our daily lives, especially in the legal field! 😲

As it grows stronger, does it have global ambitions! 😳

Is SKYNET upon us‼️

Let’s hope not!!!

Lessons Lawyers Can Learn from the Financial Impact of the Crowdstrike Software Error 💼💻

Software/Computer issues can cause Financial Impact of Rework & Downtime

The recent Crowdstrike software error that led to a global Microsoft Windows meltdown serves as a stark reminder of the financial and professional risks associated with technological failures. For lawyers, understanding these risks is crucial, as similar issues can have profound implications on our practice. Here are the key lessons lawyers can learn from this incident:

1. Financial Impact of Rework and Downtime ⏰💸

The Crowdstrike incident caused widespread disruption, leading to significant downtime for many businesses. For lawyers, such downtime can translate into substantial financial losses. When systems are down, work may need to be redone, deadlines can be missed, and billable hours can be lost. This can be particularly costly in legal practices where time is money.

2. Costs of Dealing with Bar Complaints and Ethics Requirements ⚖️📝

Lawyers are bound by strict ethical standards and are required to proactively report any issues that might affect their practice. The financial costs of dealing with bar complaints can be substantial. According to the American Bar Association, common disciplinary complaints include neglect, lack of communication, and misrepresentation - all that can be significantly impacted if a lawyer's computer system goes down. Defending against these complaints can involve significant legal fees, which can range from thousands to even millions of dollars in complex cases.

3. Potential Loss of Clients 👥🚫

The financial impact of losing clients due to technological failures cannot be overstated. Clients expect their lawyers to handle their matters efficiently and securely. A failure to do so, as seen with the Crowdstrike incident, can erode trust and lead to client attrition. This loss of business can have long-term financial repercussions, as acquiring new clients is often more costly than retaining existing ones.

4. Court Sanctions and Resulting Errors 🏛️❌

Software/computer downtime can create Costs of Dealing with Bar Complaints & Ethics Requirements

Errors resulting from technological failures can lead to court sanctions. These sanctions can include fines, adverse judgments, and even disqualification from representing clients in certain cases. For example, if a lawyer misses a filing deadline due to a system outage, the court may impose penalties that can be financially burdensome or worse yet negatively impact the case itself. Moreover, such errors can damage a lawyer's reputation, further impacting their practice.

5. Importance of Robust Technological Solutions 🛡️🔒

The Crowdstrike incident underscores the importance of having robust technological solutions in place. Lawyers should invest in reliable software and hardware and ensure that they have contingency plans for potential failures. This includes regular backups, cybersecurity measures, and having IT support readily available. By doing so, they can mitigate the risks of downtime and data loss, which can have severe financial consequences.

6. Legal Liability and Insurance 📊🔐

Lawyers should also be aware of their legal liability in the event of software failures. As seen in the Crowdstrike case, software defects can lead to lawsuits if they cause financial harm to clients. Lawyers should consider carrying the following:

Cyber Liability Insurance 🛡️💻

Cyber liability insurance is crucial for law firms to mitigate the financial impact of cyber-attacks and data breaches. This type of coverage typically includes:

Software/computer failures can cause the Potential Loss of Clients

• Direct costs associated with data breaches and cyber attacks;

• Crisis management expenses;

• Income loss due to system downtime;

• Costs of forensic investigations;

• Payments to affected clients whose data was compromised;

• Regulatory fines for non-compliance.

Cyber liability insurance can be divided into first-party coverage (for direct losses to the firm) and third-party coverage (for liability claims against the firm).

Professional Liability Insurance (Errors & Omissions) ⚖️📝

Also known as malpractice insurance, this coverage protects law firms from claims of negligence, errors, or omissions that cause financial harm to clients. In the context of computer failures, it can cover:

• Missed deadlines due to technology issues;

• Errors in legal work caused by software glitches;

• Failure to deliver promised legal services due to system outages.

Technology Errors & Omissions (Tech E&O) Insurance 🖥️🔒

This specialized coverage combines elements of professional liability and cyber insurance, tailored for technology-related risks. For law firms, it can provide protection against:

Don’t risk Court Sanctions for a software/computer error - have a backup plan!

• Software glitches causing loss of client data;

• Equipment failures preventing client service;

• Cloud-based service failures affecting data backup;

• Website design issues.

Tech E&O insurance typically costs about $500 to $1,000 per year per employee.

Key Considerations for Law Firms 🔍💼

• Comprehensive Risk Assessment: Conduct a thorough audit of your firm's cyber security threats to determine appropriate coverage levels;

• Policy Comparison: Carefully review terms and conditions of different policies, understanding what incidents are covered and any exclusions;

• Customization: Look for policies that can be tailored to your firm's specific needs and risk profile;

• Risk Management Resources: Some insurers, like Travelers, offer risk management resources to help identify and manage professional liability risks;

• Claims Handling: Consider insurers with specialized claims handling for legal professionals to ensure efficient resolution of any issues;

• Coverage Limits: Evaluate appropriate coverage limits based on your firm's size, client base, and potential financial exposure;

• Regulatory Compliance: Ensure your coverage meets any state or industry-specific requirements for data protection and professional liability.

By investing in a comprehensive insurance strategy that includes cyber liability, professional liability, and tech E&O coverage, law firms can significantly reduce their financial exposure to computer failures and related risks. This proactive approach not only protects the firm's bottom line but also helps maintain client trust and professional reputation in an increasingly technology-dependent legal landscape.

7. Proactive Communication and Transparency 🗣️📢

Importance of Robust Technological Solutions

Clear and proactive communication with clients is essential. In the event of a technological failure, lawyers should promptly inform their clients about the issue and the steps being taken to resolve it. This transparency can help maintain client trust and prevent misunderstandings that could lead to complaints or legal action. Additionally, documenting all communications can provide a defense in case of any disputes.

🎓🔍 The Crowdstrike software error serves as a powerful example of the potential financial and professional risks associated with technological failures. For lawyers, the lessons are clear: invest in reliable technology, maintain robust contingency plans, carry appropriate insurance, and communicate proactively with clients. By taking these steps, lawyers can protect their practice from the financial impact of similar incidents and uphold their professional obligations. 🛡️💼

Monday Morning Humor: 🙃 From Tangled Cords to Bluetooth: The Evolution of Phone Fun 📞➡️🎧

No one was hurt in the production of this post! 😉

Remember when the phone cord doubled as a toy and a fashion accessory?

Today, our phones are detached from the wall, and our speakers are Bluetooth devices in our ears.

Kids might miss out on the joy of cord tangling, but at least they won't trip over the phone! 😄📱

Episode 93, Part I, Revolutionizing Law Practice. How Alexander Pakin Leverages Tech 🖥️ for Legal Success!

In today’s fast-paced world, smart technology has become an essential part of our daily lives, revolutionizing how we manage our homes and workplaces. Integrating smart technology makes daily chores easier and offers strong security measures to safeguard our homes and private data. From smart locks and thermostats to integrated security systems, these advancements provide unparalleled convenience, efficiency, and protection.

Today, we are joined by Alexander Paykin. He is a commercial litigator, real estate litigator, business lawyer, complex transaction attorney, and the managing director and sole owner of The Law Office of Alexander Paykin, P.C. He is a successful advocate for many complex topics because of his varied life experiences, which have enabled him to comprehend other cultures, mentalities, and points of view. Mr. Paykin's firm is designed as a high-tech, client-centered law firm that focuses on providing efficient services in litigation and complex transactions involving business/commerce, finance, and real estate. On behalf of the American Bar Association, the New York State Bar Association, and other attorney associations and groups, Mr. Paykin often instructs fellow attorneys in continuing legal education (CLE) seminars. In the first part of our conversation with him, he explains how he uses technology to enhance his overall quality of life.

IN OUR CONVERSATION WE COVER:

[01.35] Tech setup – Alexander explains his current tech setup and why he recommends investing in a secondary screen.

[07.46] Data management – Alexander explains his data management and backup strategy.

[12.58] Encrypted backups – Alexander explains their backup strategy to protect against ransomware and data loss.

[18.31] Alexander explains why he uses two smartphones.

[22.16] Safety & Security – Michael explains his approach, which combines practicality with security, showing how to keep essentials organized while minimizing risks.

[25.32] What’s in Alex’s wallet?

[30.12] Technology and daily life – Alexander explains their comprehensive smart home and office setup, focusing on convenience and security.

RESOURCES

Connect with Alexander

• LinkedIn - linkedin.com/in/alexanderpaykin/

• Website - paykinlaw.net/

Equipment Mentioned in this Episode

• Big Skinny Wallets - bigskinny.net/

• Google Nest Hub Max - store.google.com/product/google_nest_hub_max

• Google Nest Security Products - https://store.google.com/gb/category/connected_home

• Google Pixel 8 - store.google.com/product/pixel_8

• SCOTTeVest - https://www.scottevest.com/ 

• XPS Laptop Computers - dell.com/en-us/shop/dell-laptops/scr/laptops/appref=xps-product-line

My Two Cents: The CrowdStrike MS Windows SNAFU and Its Impact on Lawyers 💻🚨

a faulty software update from CrowdStrike created caos for many industries - lawyers may have been one of them!

Last week, the legal community was jolted by a significant disruption caused by a faulty software update from CrowdStrike, a leading cybersecurity firm 🛡️. This update, intended for Microsoft Windows systems, led to widespread outages, affecting numerous sectors, including airlines ✈️, hospitals 🏥, and financial institutions 🏦. The incident serves as a stark reminder for lawyers about the vulnerabilities inherent in relying solely on a single operating system or service provider.

The Fallout Across Sectors 🌪️

The CrowdStrike update, deployed on July 19, 2024, inadvertently caused Windows machines to crash, displaying the infamous "Blue Screen of Death" (BSOD) 💀. This glitch had a domino effect, particularly in sectors heavily reliant on Windows-based systems. Airlines were among the hardest hit, with thousands of flights canceled or delayed as check-in and scheduling systems went offline ❌. For instance, Delta Air Lines and its affiliates canceled over 1,100 flights, while other major airlines faced similar disruptions.

Hospitals and emergency services also experienced significant setbacks 🚑. In the United States, the Emergency Alert System reported 911 outages in several states, while hospitals in Germany and Israel had to cancel non-urgent surgeries and reroute ambulances. Financial institutions, including banks in Australia and New Zealand, faced system inaccessibility, affecting transactions and customer services 💳.

The Impact on Apple Users 🍎

Interestingly, Apple users remained largely unaffected by this debacle. The faulty update was specific to Windows systems running CrowdStrike's Falcon software, leaving macOS and Linux systems unscathed 😌. However, Apple computers may have been indirectly impacted due to services that run on Windows-based platforms, such as Software as a Service (SaaS) applications and Windows-based servers. This highlights that even if the hardware and operating systems are secure, dependencies on Windows-based services can still cause disruptions.

Lessons for Lawyers 📚⚖️

Lawyers can learn many lessons from the crowdstrike snafu!

The CrowdStrike incident is a powerful lesson for lawyers and law firms about the importance of tech diversification and robust contingency planning. Here are some key takeaways:

• Cross-Platform Services 🔄: Relying on a single operating system or service provider can be risky. Lawyers should consider integrating both Windows and macOS systems within their practices. Similarly, using both iPhone 📱 and Android 🤖 devices can mitigate risks associated with platform-specific outages.

• Redundant Internet and Cellular Providers 📡: Ensuring that your practice has access to multiple internet and cellular providers can prevent complete shutdowns during service outages.

• Secure and Reliable Data Backups 💾: Regularly backing up data to secure, redundant locations is crucial. Cloud-based services ☁️, external hard drives, and even physical copies can ensure that critical information remains accessible during tech crises.

• Cybersecurity Vigilance 🔐: Staying updated with the latest security patches and updates is essential. However, it's equally important to have a protocol for quickly addressing any issues that arise from these updates.

The CrowdStrike MS Windows SNAFU should serve as a wake-up call for the legal community 🚨. Diversifying tech infrastructure and maintaining robust, secure data backups are not just best practices—they are essential strategies for ensuring continuity and resilience in the face of unforeseen disruptions. By learning from this incident, lawyers can better safeguard their practices and continue to serve their clients effectively, even in the midst of technological crises 💪.

🍎😂 Monday Morning Humor: Windows Woes vs. Apple Aplomb: CrowdStrike Snafu Sparks Monday Morning Laughs 💻💀

Happy Monday, tech-savvy lawyers! This week’s Monday Morning Humor gently pokes fun at the recent CrowdStrike mishap with a couple of humorous pictures and cartoons. Windows users, we feel your pain with the infamous “Blue Screen of Death” 💻💀. Meanwhile, Apple users sit smugly, unaffected 😏🍎. Remember, it’s all in good fun—stay secure and prepared out there! 🔒😊

BREAKING NEWS: Window's Users Including Lawyers Are Globally Impacted Today!

The Impact to MS Windows is NOT a Cyberattack or Virus!

🚨

The Impact to MS Windows is NOT a Cyberattack or Virus! 🚨

Lawyers who use ms windows need to check and make sure their computers are working ok!

Recent updates by CloudStrike have caused disruptions in Microsoft Windows globally, affecting many IT infrastructures.

This has impacted airlines, hospitals, transportation infrastructure and could include law firms and court operations! This may be one of the few times that updating your (Windows) operating system is not a good idea.

This highlights the importance of robust cybersecurity measures and the need for legal professionals to stay informed. Ensure your firm's IT team is aware of the latest updates and potential vulnerabilities - if you are a solo or small firm using Windows, you need to make sure your office systems are ok. Staying proactive can mitigate risks and safeguard client data.

Stay tuned to The Tech-Savvy Lawyer.Page as this story develops!

My Two Cents: Preparing for the Future: How Legal Professionals Can Adapt to Rapid Technological Advancements

How will technological advancements impact the practice of law? 🧐

As a lawyer deeply invested in the intersection of law and technology, I understand the rapid evolution reshaping our profession. My recent experience at the MacStock 8 Conference outside of Chicago reinforced the importance of staying ahead of technological advancements. Here’s how I believe we, as legal professionals, can prepare for the changes in technology today, one year from now, five years from now, and in the future.

Today!

To enhance efficiency and client service, lawyers must embrace current technological tools. David Wilkins, director of the Center on the Legal Profession at Harvard Law School, emphasizes the importance of AI in legal practice: "Every other conversation I have is about ChatGPT and how it will impact the practice of law". To prepare, we should:

• Familiarize ourselves with AI-powered legal research tools;

• Adopt cloud-based document management systems[1];

• Implement robust cybersecurity measures;

• Learn to use e-discovery software for more efficient case preparation.

Participating in tech conferences at any level can help enhance your knowledge of the tech tools you use for work! 🤗

At MacStock 8, I presented on "Harnessing ChatGPT for Apple Enthusiasts: Revolutionizing Shortcuts, Automations, and AI-Powered Analysis." This topic underscores how general-purpose technology can be leveraged for legal applications. As I mentioned in my MacVoices interview, "I'm going to be talking about insights into using artificial intelligence for automation tools like Hazel, AppleScript, TextExpander, and Microsoft Word".

One Year from Now!

As technology continues to advance, we should focus on integrating more sophisticated tools into our practice. This includes:

• Exploring AI-powered contract analysis software;

• Implementing virtual law firm models to offer remote legal services;

• Utilizing predictive analytics for litigation strategy;

• Adopting legal chatbots for basic client interactions.

It’s not too hard to see that AI-powered tools can analyze vast amounts of legal data, providing lawyers with comprehensive insights, relevant case law, and accurate precedents. By harnessing these capabilities, lawyers who use AI can gain a significant competitive advantage.

Five Years from Now!

Looking further ahead, we should prepare for more transformative changes in legal technology. This may involve:

• Incorporating blockchain technology for smart contracts and secure transactions;

• Utilizing augmented reality (AR) for immersive courtroom presentations;

• Leveraging advanced data analytics for strategic decision-making;

• Adapting to new regulatory technology (RegTech) solutions for compliance management.

As noted by legal tech experts, "Blockchain technology is gaining traction in legal operations, primarily for its ability to enhance security, transparency, and efficiency".

The Future!

In the long term, we must be ready to embrace radical changes in the legal profession. This includes:

How will ai impact the practice of law with concepts like “smart contracts”?

• Developing expertise in emerging areas of law related to AI;

• Adapting to potential shifts in legal education and licensing;

• Preparing for the possibility of AI-assisted judging and decision-making;

• Exploring new business models that combine legal expertise with technological innovation.

David Wilkins suggests that the future of law will require a new approach to legal education: "How can we best prepare students for the new realities of legal careers in the middle decades of the 21st century?".

To thrive in this evolving landscape, we must commit to continuous learning and adaptation. This means not only staying current with legal developments but also actively engaging with technological advancements. We should:

• Regularly attend both legal and general technology conferences;

• Participate in online courses on emerging technologies;

• Collaborate with tech professionals to understand new tools and their applications;

• Advocate for technology training within our firms or organizations.

By proactively preparing for technological changes, we can position ourselves as leaders in the field, offering innovative solutions to clients and contributing to the advancement of the legal profession. As the legal industry continues to evolve, those who embrace technology will be best equipped to navigate the challenges and opportunities that lie ahead!

MTC!

[1] https://lexworkplace.com/best-legal-document-management-software/

Monday Morning Humor: Flashback - What we thought of "portable" for computers 44 years ago!

In 1980, "portable" computers were like carrying a briefcase full of bricks, with machines like the Osborne 1 weighing around 24 pounds.

By the 1990s, laptops like the IBM ThinkPad and Apple PowerBook made portability a bit more practical, though still hefty enough to double as a doorstop.

Fast forward to the 2000s, and we have ultrabooks, tablets, and smartphones.

Today, our "portable" tech is so advanced that even a lawyer’s least favorite document fits into their pocket.

What’s next, wearable gavel 👨‍⚖️ watches ⌚︎?!