ABA Journal: Legal Rebels

When Arizona changed its ethics rules in 2020 opening the door for alternative business structures and nonlawyer ownership for law firms, it sent shock waves throughout the legal industry. Nicole Miller, the chief legal officer of LegalZoom, speaks to the ABA Journal's Victor Li about LegalZoom's experience in Arizona thus far, as well as general issues relating to regulatory reform and alternative business structures.

Law firms acquire or merge with one another all the time. But when it comes to technology companies, firms usually keep it in-house or enter into a partnership with an outside vendor. They rarely go ahead and just buy a tech company. So when Cleary Gottlieb Steen & Hamilton announced in March that it had acquired artificial intelligence products developers Springbok AI, it made headlines.

"May you live in interesting times." For immigration lawyers, that old proverb is now a reality. Ever since the start of the second Trump administration, immigration lawyers have been busier than ever, and they have plenty on their plates.

For one thing, it marks the 40th annual iteration of the show. For another, it promises to be the biggest of all time—emanating for the first time from the McCormick Place Convention Center in Chicago. Techshow co-chair Stephen Embry talks to the ABA Journal's Victor Li about what to expect from this year's show.

It's a well-worn saying that the law always lags behind technology. It makes sense. We all remember the old song about how a bill becomes a law and how long the whole process can take. By the time you get to the verse about a president signing something into law, technology has either evolved into something even more cutting edge or become obsolete—replaced by a newer, shinier toy.

If last year was when generative artificial intelligence went mainstream, could this year be the one when it gets even bigger? Will we see more people, law firms, companies and government agencies adopt, use or integrate it into their day-to-day activities? Will we see more rules and regulations from states or the federal government regarding its use? What about law schools and generative AI? Will we see more start to teach it? And will lawyers finally learn more about what to do, or not to do, when it comes to using it?

More money is flowing into legal tech than ever before, as several gigantic deals dominated the headlines and enlarged quite a few bank accounts. And the push for regulatory reform extended to attorney admissions—between a demand for an online bar exam and an exploration of alternative pathways to licensure, one of the longtime pillars of the legal profession could be ready to make way. That's just a few of the topics that will be covered in this special year-in-review episode of the Legal Rebels Podcast.

Lawyers, especially litigators, like to say they never ask a question that they don't already know the answer to. But there's plenty of unknowns out there—especially when it comes to how a case might turn out or how much it will cost. Predictive judicial and law firm analytics take some of that guesswork out of the equation.

The generative artificial intelligence tool is not just designed to transcribe depositions. It looks for inconsistencies. It suggests questions to ask. It analyzes the transcript in real time to see whether there are issues that have to be cleared up or areas of weakness to address. In other words, it's like having another attorney in the room—only one who's capable of digesting large amounts of data and analyzing it quickly.

Much has been made of the gigantic access-to-justice gap in this country. One possible way to help bridge the gap is to expand the pool of people eligible to practice law. Of course, that raises age-old concerns about unauthorized practice of law.

The LSAT is facing competition from the JD-Next exam, and many states are reconsidering their licensing methods as the bar exam as we've known it sunsets in 2028. Kellye Testy, the executive director and CEO of the Association of American Law Schools, talks with the ABA Journal's Julianne Hill about why those changes are happening now and what it means for law schools and students.

There has been a lot of talk and concern about generative AI tools and how they are changing the legal industry. A major worry for many lawyers is that these tools could replace them or make them redundant. But what about the potential of generative AI to help lawyers generate business, market themselves more effectively, and make more money?  On this month's episode of the Legal Rebels Podcast, Gyi Tsakalakis, founder of AttorneySync and EPL Digital and digital marketing expert, talks about how generative AI can help lawyers generate business and market themselves.

A commonly cited solution to helping bridge the access-to-justice canyon is for lawyers to provide more pro bono work. In that regard, have generative artificial intelligence tools made it easier for lawyers to provide pro bono services?

It seems like every time that there's a major disruption or event that threatens to upend the legal industry, it spells doom for the billable hour. But that could be more out of hope than anything else. The billable hour survived the Great Recession and the COVID-19 pandemic, despite many people thinking—or maybe wishing—that it wouldn't.

The lack of diversity when it comes to race, gender, sexuality, disability and social class within the legal profession is nothing new. However, the last decade has marked a gradual increase in diversity across all fields.

Transcription technology has existed for a while now, but its accuracy has never been that high. Now, artificial intelligence could make automated transcription even more accurate. As the tech becomes better and better, is it possible that it could eventually replace human court reporters?

What better way to spend Valentine's Day than with your favorite lawyers, legal professionals, technologists and thought leaders who will be on hand to teach lucky conference goers about all the latest trends and developments in the field of legal technology?

The impact for people clearing their criminal records can be life-changing, leading to long-term employment and financial security. And research shows that it also helps prevent recidivism. But the path to expungement is not always easy, requiring people with criminal records to navigate an unfamiliar, costly and drawn-out process. That's where lawyer Noella Sudbury comes in.

As 2023 draws to a close, the Legal Rebels Podcast looks at the top stories in legal technology for the year. Between the explosion in popularity of ChatGPT and other generative artificial intelligence tools, the continued use of virtual or hybrid working arrangements and the underwhelming mergers and acquisitions market, it was certainly an eventful year.

Legal professionals are not immune to the pull of platforms such as TikTok, Instagram and YouTube Shorts. Some are even using short-form videos to inform clients about their law practice; build their business or brand; or shed light on the culture of BigLaw, crafting short-form video content giving an insider look at the profession. Among them is Alex Su, a former lawyer and head of community development at Ironclad, a contract management software company.

One of the areas that has already felt the effects of ChatGPT and other large language models is contracts. Users can now use these AI-enhanced tools to help them quickly draft, analyze and review contracts. All you have to do is type in what you want, and the tech does the rest. Of course, it isn't that simple. The technology is still in its infancy, and there are limits to what it can do.

Thanks to the COVID-19 pandemic, working from home and communicating and collaborating via real-time communication tools has become the norm for many law firms and offices. The benefits of such arrangements are obvious. However, some firms, including several of the largest in the country, have begged to differ. Citing a need to maintain or preserve office culture and strengthen personal connections, these firms are now mandating at least four days in the office per week.

For decades, lawyers who worked in BigLaw could expect some version of the following: Work long hours, including nights and weekends, with minimal free time, giving up almost all semblances of a social life. The reward: money and a potential partnership. And if you didn't like it, there was the door. And if you were having mental health or wellness issues, then suck it up and deal with it.

When technologically assisted review first started gaining traction in e-discovery in the 2010s, many of the same superlatives assigned to ChatGPT were used to describe this groundbreaking new process that purported to review documents faster and more accurately than humans. Lawyers would get hours and hours of time back, and clients would save tons of money.

In the United States, there has been very little movement toward establishing a regulatory framework at the federal level for artificial intelligence. Why is that? ChatGPT, the large language model released by OpenAI, is one of several such tools that have revolutionized the legal industry in a short amount of time, igniting debates about whether artificial intelligence has to be regulated—and by whom. The European Union recently took the first step toward passing the AI Act, whereby regulation would increase in proportion with the potential threat to privacy and safety that an AI system poses. China has also drafted rules to regulate AI.

There are plenty of judicial analytics and litigation prediction tools on the market. They may have differences in execution and focus, but the general rule of thumb is that they look at a judge's past rulings and opinions to predict how that judge might rule on a similar motion or case in the future. For instance, you can look up how a particular judge on prior motions to dismiss on certain employment discrimination cases to get an idea how they might rule on a similar one currently pending in their courtroom. That knowledge can be important for lawyers.

Many of us still get a chill running down our spines when we hear about bank failures and bailouts. After all, it was less than 15 years ago when we went through one of the worst economic disasters in history, and institutions such as Bear Stearns, Lehman Brothers Inc., American International Group Inc. and others became famous for the wrong reasons. The Great Recession took years to recover from, and some of its effects can still be felt to this day.

In November, when OpenAI unleashed the newest, most advanced version of its chatbot, ChatGPT, it immediately captured the imagination. So far, it's been a hit. Casetext launched CoCounsel earlier this month, and it functions as a legal assistant, helping users draft all sorts of legal documents. Users can utilize CoCounsel to help draft briefs, compose research memos, draw up contracts and analyze them, and write correspondence—all by typing their questions or requests into a prompt.

One of the biggest and longest-running legal technology shows in the country, the ABA Techshow, is right around the corner. From March 1 to 4, thousands of lawyers, legal professionals and vendors will descend upon Chicago to talk about technology.

For some academics, researching, writing, editing and publishing a scholarly piece of work can take months, if not years, of painstaking effort, diligent commitment and rage-inducing frustration. In December, Andrew Perlman, the dean of the Suffolk University Law School, authored one in less time than it takes to watch an episode of the Game of Thrones prequel series House of the Dragon.

Legal operations handle a lot of the business and technological stuff that many lawyers either aren't trained to handle or don't want to deal with. All so lawyers can focus on practicing law and representing their clients to the best of their abilities.

There hasn't been much progress when it comes to driverless cars. Most major car manufacturers have sunk hundreds of billions into developing and testing driverless cars; yet the finish line seems to be nowhere in sight. So what happened?

The metaverse is all the rage these days. Users can enter a virtual world where they can interact with people from all parts of the physical world, play games, engage in commerce and do a lot of other things. Some law firms have also seen the potential.

Programmed to communicate as if they were living, breathing people, AI chatbots function by asking you a series of questions and providing you with your available options. Lawyers, law firms and courts have even gotten into the act.

Thanks to nearly two-years of COVID-19-related shutdowns and sheltering-in-place orders, working from home has become the new normal. Face-to-face interactions have been replaced by meeting on real-time videoconferencing platforms such as Zoom, FaceTime or Microsoft Teams, while cloud-based collaborative programs have become absolutely vital if any work is to be done.

Immigration is an area of law that lends itself well to technological innovations. It is in that intersection in which immigration lawyer Greg Siskind does his work.

Are you struggling with debt? Do you have collectors breathing down your neck, threatening to repossess your property and filing lawsuits against you in court? For many Americans facing this dilemma, their options are fairly limited.

Facial recognition software is becoming a greater part of our everyday lives. But the technology is controversial and not without its critics. Questions about its accuracy—especially relating to recognizing minority faces—remain. Special thanks to our sponsors, Alert Communications and Smokeball.

Like many Americans, Jazz Hampton and two of his friends, Andre Creighton and Mychal Frelix, watched in horror as two fellow Minnesotans, Philando Castile and George Floyd, were killed by police officers following what seemed to be routine traffic stops. If only there had been a way to de-escalate those situations while protecting the rights of the person detained, as well as the law enforcement officer involved. So they came up with one. Special thanks to our sponsors, Alert Communications and Smokeball.

As a young personal injury litigator in Georgia, Gino Brogdon Jr. says he was accustomed to using different technology tools to manage his practice. But when Brogdon began working as a mediator, he realized that there were limited tech options to assist him in the alternative dispute resolution realm. Special thanks to our sponsors, Alert Communications and Smokeball.

The Innovation for Justice lab launched at the University of Arizona's James E. Rogers College of Law in 2018 with the goal of designing, building and testing new solutions to addressing the justice gap impacting millions of Americans. Special thanks to our sponsors, Alert Communications and Smokeball.

Evisort co-founder Jake Sussman says when the company began developing its contract management and analysis platform, its goal was to use artificial intelligence as a last resort. But it soon became clear that AI was the only way to solve the contract challenges that Evisort wanted to help users tackle. Special thanks to our sponsors, Alert Communications and Smokeball.