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The Tech Savvy LawyerAuthor: Michael D.J. Eisenberg
The Tech Savvy Lawyer interviews Judges, Lawyers, and other professionals discussing utilizing technology in the practice of law. It may springboard an idea and help you in your own pursuit of the business we call "practicing law". Please join us for interesting conversations enjoyable at any tech skill level! Language: en Genres: News, Tech News, Technology Contact email: Get it Feed URL: Get it iTunes ID: Get it |
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🎙️ TSL Labs! Google AI Discussion of MTC: The Hidden AI Crisis in Legal Practice: Why Lawyers Must Unmask Embedded Intelligence Before It's Too Late!
Friday, 21 November, 2025
📌 Too Busy to Read This Week's Editorial? Join us for a professional deep dive into essential tech strategies for AI compliance in your legal practice. 🎙️ This AI-powered discussion unpacks the November 17, 2025, editorial, MTC: The Hidden AI Crisis in Legal Practice: Why Lawyers Must Unmask Embedded Intelligence Before It's Too Late! with actionable intelligence on hidden AI detection, confidentiality protocols, ethics compliance frameworks, and risk mitigation strategies. Artificial intelligence has been silently operating inside your most trusted legal software for years, and under ABA Formal Opinion 512, you bear full responsibility for all AI use, whether you knowingly activated it or it came as a default software update. The conversation makes complex technical concepts accessible to lawyers with varying levels of tech expertise—from tech-hesitant solo practitioners to advanced users—so you'll walk away with immediate, actionable steps to protect your practice, your clients, and your professional reputation. In Our Conversation, We Cover the Following 00:00:00 - Introduction: Overview of TSL Labs initiative and the AI-generated discussion format 00:01:00 - The Silent Compliance Crisis: How AI has been operating invisibly in your software for years 00:02:00 - Core Conflict: Understanding why helpful tools simultaneously create ethical threats to attorney-client privilege 00:03:00 - Document Creation Vulnerabilities: Microsoft Word Co-pilot and Grammarly's hidden data processing 00:04:00 - Communication Tools Risks: Zoom AI Companion and the cautionary Otter.ai incident 00:05:00 - Research Platform Dangers: Westlaw and Lexis+ AI hallucination rates between 17-33% 00:06:00 - ABA Formal Opinion 512: Full lawyer responsibility for AI use regardless of awareness 00:07:00 - Model Rule 1.6 Analysis: Confidentiality breaches through third-party AI systems 00:08:00 - Model Rule 5.3 Requirements: Supervising AI tools with the same diligence as human assistants 00:09:00 - Five-Step Compliance Framework: Technology audits and vendor agreement evaluation 00:10:00 - Firm Policies and Client Consent: Establishing protocols and securing informed consent 00:11:00 - The Verification Imperative: Lessons from the Mata v. Avianca sanctions case 00:12:00 - Billing Considerations: Navigating hourly versus value-based fee models with AI 00:13:00 - Professional Development: Why tool learning time is non-billable competence maintenance 00:14:00 - Ongoing Compliance: The necessity of quarterly reviews as platforms rapidly evolve 00:15:00 - Closing Remarks: Resources and call to action for tech-savvy innovation Resources Mentioned in the Episode ABA Formal Opinion 512 (July 29, 2024): Ethical guidance on generative artificial intelligence tools - https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf Model Rule 1.1 (Competence) - Understanding benefits and risks of relevant technology - https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_8_current_clients_specific_rules/ Model Rule 1.6 (Confidentiality) - Preventing unauthorized disclosure of client information - https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/ Model Rule 5.3 (Supervision) - Supervising non-human assistance including AI - https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_5_3_responsibilities_regarding_nonlawyer_assistant/ Model Rule 1.4 (Communication) - Informing clients about AI use and obtaining consent - https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_4_communications/ Mata v. Avianca Case - Landmark sanctions case involving AI-generated fabricated citations - https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2022cv01461/575368/54/ Stanford Research - Documented AI hallucination rates between 17-33% in legal tools - https://dho.stanford.edu/wp-content/uploads/Legal_RAG_Hallucinations.pdf Software & Cloud Services Mentioned in the Conversation Adobe Acrobat AI Assistant - Automatic document analysis and summarization tool - https://www.adobe.com/acrobat.html Clio - Legal practice management platform with AI features - https://www.clio.com Google Notebook AI - AI discussion generation tool used to create this episode - https://notebooklm.google.com Grammarly - AI writing assistant analyzing email and document content - https://www.grammarly.com Lexis+ AI - AI-enhanced legal research platform - https://www.lexisnexis.com Microsoft Word Co-pilot - AI-powered writing assistant with substantive editing capabilities - https://www.microsoft.com/microsoft-365/word Otter.ai - AI meeting assistant and transcription service - https://otter.ai Smokeball - Practice management with Auto Time AI billing - https://www.smokeball.com Westlaw - Legal research platform with embedded generative AI - https://legal.thomsonreuters.com/en/products/westlaw Zoom AI Companion - Meeting transcription and analysis service - https://www.zoom.com
