Sui Generis--a New York law blog

2023’s best tech gifts for legal professionals

Here is my recent Daily Record column. My past Daily Record articles can be accessed here.

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2023’s best tech gifts for legal professionals 

It's December, and that means the holidays are fast approaching, making it the perfect time to start shopping for the lawyers and legal professionals in your life. Whether you’re a legal professional looking to reward yourself for all the hard work you’ve put in over the past year or you’ve got a lawyer on your gift list, you’re in the right place. Below, I provide my top technology gift picks for legal professionals.

But first, let’s reflect on 2023. It was a year of significant change. Businesses accelerated post-pandemic, and remote work became a hotly debated topic. Economic headwinds threatened much-needed fiscal growth as inflation — and gas prices — sky-rocketed. International wars continued and new conflicts broke out. 

Notably, Generative AI made its grand entrance early in the year, threatening to disrupt the world - and the practice of law - as we know it. Meanwhile, Gen Alpha’s new slang mystified Gen Z, who in turn mercilessly mocked Millennials, who spent their days yelling at Boomers. Throughout it all, Gen X gleefully watched from the sidelines, collectively smirking at the generational chaos.

No matter your generation, as this crazy year draws to a close, you’ve got gifts to buy, and soon. If you’re not sure where to start, never fear: I’m here for you! That is, as long as technology is your jam. If so, you’re in the right place, and I’ve got a few great ideas.

First, there’s the Anker magnetic battery, 5,000 mAh foldable wireless portable charger with a built-in stand. Its small size, lightweight design, and foldable stand make it ideal for travel. Set it up on your tray table, sit back, and watch a show on your phone while it charges. At $49.99 on Amazon, it’s a bargain for all that you get.

Next, consider a pair of Sony WF-1000XM5 wireless Bluetooth noise-canceling earbud headphones. Their excellent sound quality and effective noise-canceling make them perfect for travel, especially on noisy flights. You can wear them on a plane and you won’t even hear the screaming toddler two seats over. Having been in that exact situation I can assure you that the $248 price tag on Amazon is well worth it.

CUCICU 3-in-1 wireless charging stand is another great gift for the tech-savvy legal professional in your life. This single device simultaneously charges your Apple Watch, iPhone, and AirPods. For only $22.99 on  Amazon, what more could you ask for?

For frequent travelers or forgetful souls, the Apple AirTag makes a great gift. Add this device to a key chain, or put it in luggage or a purse. Then, easily track the location of the device using an iPhone. It’s a great way to keep track of what matters, and at $29 apiece from Apple, you’ve got nothing to lose!

Finally, if the legal professional in your life is old school and insists on handwritten notes, then consider investing in the Rocketbook reusable smart notebook. Using a smart pen and this notebook, handwritten notes are converted into digital text that is easily accessible via a cloud storage service. And the price is right at $22.51 on Amazon.

As the year ends, these tech gifts are ideal for legal professionals. Offering both innovation and practicality, they're sure to bring efficiency and joy to their daily work. Wishing you happy holidays and happy shopping.

Nicole Black is a Rochester, New York attorney, author, journalist, and the Head of SME and External Education at MyCase legal practice management software, an AffiniPay company. She is the nationally-recognized author of "Cloud Computing for Lawyers" (2012) and co-authors "Social Media for Lawyers: The Next Frontier" (2010), both published by the American Bar Association. She also co-authors "Criminal Law in New York," a Thomson Reuters treatise. She writes regular columns for Above the Law, ABA Journal, and The Daily Record, has authored hundreds of articles for other publications, and regularly speaks at conferences regarding the intersection of law and emerging technologies. She is an ABA Legal Rebel, and is listed on the Fastcase 50 and ABA LTRC Women in Legal Tech. She can be contacted at [email protected].

Nicole Black is a Rochester, New York attorney, author, journalist, and the Head of SME and External Education at MyCase legal practice management software, an AffiniPay company. She is the nationally-recognized author of "Cloud Computing for Lawyers" (2012) and co-authors "Social Media for Lawyers: The Next Frontier" (2010), both published by the American Bar Association. She also co-authors "Criminal Law in New York," a Thomson Reuters treatise. She writes regular columns for Above the Law, ABA Journal, and The Daily Record, has authored hundreds of articles for other publications, and regularly speaks at conferences regarding the intersection of law and emerging technologies. She is an ABA Legal Rebel, and is listed on the Fastcase 50 and ABA LTRC Women in Legal Tech. She can be contacted at [email protected].

California Ethics Committee is First to Weigh in On AI

Here is my recent Daily Record column. My past Daily Record articles can be accessed here.

*****

California Ethics Committee is First to Weigh in On AI

Back in August, I discussed the imminent arrival of legal ethics opinions on generative AI tools. Since then, a small number of pioneering lawyers have experimented with this technology even without ethics guidance. For those who have been holding off until an ethics committee weighed in, your wait is over. 

As we head into the final month of 2023, you’ll be happy to know that ethics guidance focused on generative AI was published on November 16 by the State Bar of California’s Committee on Professional Responsibility and Conduct (COPRAC). 

It provides a thorough roadmap for generative AI adoption in law firms. 

At the outset, COPRAC explained that AI in its current state is simply a new kind of technology and does not warrant special treatment. As a result, “the existing Rules of Professional Conduct are robust, and the standards of conduct cover the landscape of issues presented by generative AI in its current forms. However, COPRAC recognizes that generative AI is a rapidly evolving technology that presents novel issues that might necessitate new regulation and rules in the future.”

The guidance provided by COPRAC was extensive, addressing many different ethical issues. Issues addressed included technology competence, confidentiality, and the requirement of candor, both with legal clients and courts. Below you’ll find some of the most notable takeaways.

The first topic tackled was the duty of confidentiality. According to COPRAC, lawyers “must not input any confidential information of the client into any generative AI solution that lacks adequate confidentiality and security protections.” The overarching obligation lawyers have in this regard is to fully vet AI providers and their products (or have an IT consultant do this on your firm’s behalf) so that you fully understand how confidential data will be handled and protected.

COPRAC also addressed technology competence, explaining that lawyers must learn, to a reasonable degree, “how the technology works, its limitations, and the applicable terms of use and other policies governing the use and exploitation of client data by the product.” In addition to ensuring an understanding of generative AI, the ethics rules also require that AI outputs be carefully reviewed for accuracy and bias.

Next up was the duty of supervision. COPRAC explained that supervisory and managerial attorneys must ensure that clear policies are in place that address permissible uses of AI. Those measures must provide “reasonable assurance that the firm’s lawyers and non lawyers’ conduct complies with their professional obligations when using generative AI.”

COPRAC further emphasized the importance of full candor with courts and clients. To that end, lawyers should carefully review all generative AI outputs for accuracy and correct any errors before submission to courts. The committee cautioned that “(o)verreliance on AI tools is inconsistent with the active practice of law and application of trained judgment by the lawyer…and AI-generated outputs can be used as a starting point but must be carefully scrutinized.”

Similarly, client communication obligations require that lawyers consider disclosing their intention to use generative AI to clients, “including how the technology will be used, and the benefits and risks of such use.” The committee also advised lawyers to be aware of any client directives that might conflict with the use of AI in their case.

Last but not least, COPRAC weighed on billing clients for AI-related work product, explaining that lawyers may charge for the time spent creating, refining, and reviewing generative AI outputs. Notably, the committee opined that charging for the time saved by using generative AI is impermissible. Finally, it determined that fee agreements “should explain the basis for all fees and costs, including those associated with the use of generative AI.”

With the issuance of this widely-anticipated guidance, nothing is holding you back from diving into the generative AI waters. With the recent release of legal generative AI products from LexisNexis and Thomson Reuters, and with many other legal AI products in the works, there’s no better time than now to take advantage of all that this technology offers. Rest assured, if you aren’t using it and reaping the time-saving benefits and efficiencies, your competitors undoubtedly will be.

Nicole Black is a Rochester, New York attorney, author, journalist, and the Head of SME and External Education at MyCase legal practice management software, an AffiniPay company. She is the nationally-recognized author of "Cloud Computing for Lawyers" (2012) and co-authors "Social Media for Lawyers: The Next Frontier" (2010), both published by the American Bar Association. She also co-authors "Criminal Law in New York," a Thomson Reuters treatise. She writes regular columns for Above the Law, ABA Journal, and The Daily Record, has authored hundreds of articles for other publications, and regularly speaks at conferences regarding the intersection of law and emerging technologies. She is an ABA Legal Rebel, and is listed on the Fastcase 50 and ABA LTRC Women in Legal Tech. She can be contacted at [email protected].

Nicole Black is a Rochester, New York attorney, author, journalist, and the Head of SME and External Education at MyCase legal practice management software, an AffiniPay company. She is the nationally-recognized author of "Cloud Computing for Lawyers" (2012) and co-authors "Social Media for Lawyers: The Next Frontier" (2010), both published by the American Bar Association. She also co-authors "Criminal Law in New York," a Thomson Reuters treatise. She writes regular columns for Above the Law, ABA Journal, and The Daily Record, has authored hundreds of articles for other publications, and regularly speaks at conferences regarding the intersection of law and emerging technologies. She is an ABA Legal Rebel, and is listed on the Fastcase 50 and ABA LTRC Women in Legal Tech. She can be contacted at [email protected].