Sui Generis--a New York law blog

Florida Bar Releases Handy Generative AI Guide for Lawyers

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

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Florida Bar Releases Handy Generative AI Guide for Lawyers

One of the most common questions I hear from lawyers about generative artificial intelligence (AI) is “Where do I start?” The pace of change since the release of ChatGPT in November 2022 has been dramatic—so much so that tracking the latest GAI developments can feel like a full-time job. 

If you haven’t prioritized AI education, then getting up to speed can be a challenge. And even then, once you wrap your head around the basic concepts, there’s still a long way to go. You’ll need to determine your firm’s needs, learn about the different types of tools available, and understand ethical compliance issues.

Armed with that knowledge, the next steps are to research and vet providers–including the tools your firm is already using that may have embedded GAI–and then choose and implement the tools that will work best for your firm. After that, firmwide education and training should follow.

It’s a lot to think about, isn’t it? No wonder so many lawyers feel overwhelmed.

Fortunately, bar associations have risen to the occasion, regularly issuing ethics opinions and AI guidance over the past two years. A notable and very recent example is the “Florida Bar Guide to Getting Started with AI.” It provides a user-friendly,  broad overview of AI and generative AI and includes definitions, explanations of the technologies, an analysis of ethical issues, implementation advice, practical resources, and much more.

Notably, the authors emphasize the importance of technology competence and making educated decisions about adopting legal technology, including AI: “Each lawyer should explore and make the decision whether to use AI or not based on their individual practices and circumstances, being mindful of applicable ethical rules as well as any unique risks from using particular AI models.”

The authors also highlight the differences between different AI tools and explain how legal-specific AI tools reduce errors in output by training on highly relevant legal data: “There are general and law-specific AI models. General models are trained on large sets of human-created data, while legal models take a general model and fine-tune it using law-specific data, such as court opinions, law review articles and example documents. Legal models usually have constraints on the sources of information they use in creating their responses, which are intended to reduce hallucination risk.”

As with any technology, carefully vetting the vendor and its product is essential when choosing an AI provider: “When you find a general AI vendor you like, check its security reputation, hallucination risk, various AI model features, and paid plan options for individuals or businesses.”

An important takeaway from the guide is that the current state of technology requires that all responses be carefully reviewed to identify any errors:  “(A)lways verify AI-generated outputs yourself to ensure accuracy and reliability, as AI should assist, not replace, human judgment.”

Supervisory responsibilities are also called out, with an emphasis on the need to ensure internal firm guidance and procedures are in place before implementing AI tools: “(I)f associates or nonlawyers will be using AI in your firm, consider a user training program and written guidelines for proper AI usage for client matters.”

Finally, examples of use cases for both general and legal-specific AI are provided. The authors explain that general AI software could be used to draft administrative letters or marketing articles, generate summaries of non-legal documents, and customize presentations. Work that can be completed using task-appropriate legal AI tools includes legal research, document review, document drafting, case preparation, and electronic discovery.

If you’re one of those lawyers who isn’t sure how to get started with GAI, the Florida Bar’s guide is an ideal resource. It breaks down the basics, explains key ethical considerations, and offers practical advice for choosing and implementing AI tools. Staying informed and proactive is essential, and this guide gives you the knowledge and tools you need to approach AI confidently and responsibly.

Nicole Black is a Rochester, New York attorney, author, journalist, and Principal Legal Insight Strategist at MyCase, CASEpeer, Docketwise, and LawPay, practice management and payment processing tools for lawyers (AffiniPay companies). 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].

Illinois Supreme Court AI Policy Offers Caution With a Side of Clarity

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

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Illinois Supreme Court AI Policy Offers Caution With a Side of Clarity

The use of generative artificial intelligence (AI) by litigants hasn’t exactly been embraced by courts nationwide. Instead, sensational headlines about hallucinated case citations have led to knee-jerk rejections of the technology by many judges, even when the root cause of those mistakes was attorney competency issues. This pattern of restrictive responses highlights the broader challenge faced when balancing innovation with accountability in the legal profession. 

Like many of the emerging technologies that preceded it, AI was not embraced with open arms by our judiciary. Instead, it was met with suspicion and trepidation. Many judges banned its use by litigants, and others require full disclosure of all AI tools used in the preparation of court filings. 

The problem with these extreme responses is that they establish unrealistic standards that won’t withstand the test of time. AI is advancing exponentially and is already embedded in many popular legal software programs, ranging from legal research and law practice management tools to document management and legal billing platforms. As a result, legal professionals are already producing legal work using GAI and may not even realize it. Accordingly, penalizing them for doing so is counterintuitive, at best, and unfairly punitive, at worst.

Fortunately, the tide seems to be turning with the issuance of a new, progressive court AI policy by the Illinois Supreme Court. The policy went into effect on January 1st and provides a judicious approach to the incorporation of GAI tools into the workflows of legal professionals, including court personnel. 

In the policy, the Court wisely acknowledges the inevitability and unprecedented speed of AI adoption, along with the benefits and challenges it presents: “The integration of AI with the courts is increasingly pervasive, offering potential efficiencies and improved access to justice. However, it also raises critical concerns about authenticity, accuracy, bias, and the integrity of court filings, proceedings, evidence, and decisions. Understanding the capabilities and limitations of AI technology is essential for the Illinois Judicial Branch.”

Importantly, the Court advises that judges take an open-minded approach to AI and its “use of AI by litigants, attorneys, judges, judicial clerks, research attorneys” and should not require disclosure when implemented: “The use of AI…should not be discouraged, and is authorized provided it complies with legal and ethical standards. Disclosure of AI use should not be required in a pleading.”

The Court also cautions that it’s essential to fully understand any technology, including AI, prior to adopting it and that all AI-created output should be carefully reviewed “before submitting it in any court proceeding to ensure accuracy and compliance with legal and ethical obligations.”

Finally, judges were reminded that they “remain ultimately responsible for their decisions, irrespective of technological advancements.” To assist in their efforts to stay apprised of technological advancements, the Court provided additional resources for judges, including a judicial reference sheet on AI.

The Illinois Supreme Court’s new AI policy offers a thoughtful, balanced approach to AI adoption in our profession. The Court wisely rejects outright bans and unnecessary disclosure mandates, while acknowledging the inevitability of AI adoption. 

 

By highlighting AI’s potential benefits while addressing risks like accuracy, bias, and ethical compliance, it successfully establishes a framework that ensures the ethical and practical adoption of AI without compromising the justice system’s integrity. In doing so, it sets an example for other courts to follow by providing a flexible, forward-thinking roadmap for responsible AI usage in our profession

Nicole Black is a Rochester, New York attorney, author, journalist, and Principal Legal Insight Strategist at MyCase, CASEpeer, Docketwise, and LawPay, practice management and payment processing tools for lawyers (AffiniPay companies). 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].

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Nicole Black is a Rochester, New York attorney, author, journalist, and Principal Legal Insight Strategist at MyCase, CASEpeer, Docketwise, and LawPay, practice management and payment processing tools for lawyers (AffiniPay companies). 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].

The Year Ahead in Legal Tech: AI, Innovation, and Opportunity

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

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The Year Ahead in Legal Tech: AI, Innovation, and Opportunity

Looking back on 2024, this Grateful Dead lyric comes to mind: “What a long, strange trip it’s been.” It perfectly captures the upheaval of the last four years, which were nothing if not unpredictable and tumultuous. A worldwide pandemic closed our borders—and our offices—but we never stopped working. Business carried on as usual even as we struggled to wrap our minds around the realities of living in the midst of a deadly, highly contagious virus.  

Technology saved the day. Without it, our world would have come to a grinding halt. Instead, it ushered in a newfound receptivity to cloud and remote working software, priming us for what came next: the generative AI era. 

In late 2022, just as normalcy seemed to return, generative AI became a catalyst for unprecedented change with the release of GPT 3.5. Its release marked a turning point. From there, technological advancement occurred at a rapid clip, with 2024 seeing the continued integration of generative artificial intelligence (AI) into the tools legal professionals rely on. 

The pace of AI development over the past year, however, was slower than many had predicted. Nevertheless, the impact on the practice of law overall was significant. Legal professionals continued to learn about and experiment with generative AI for many tasks, including legal research, document drafting and editing, brainstorming, and more. 

In fact, according to the 2025 AffiniPay Legal Industry Report, which will be published in the spring, one-fifth of firms have already adopted legal-specific generative AI tools. Personal adoption was even more significant. For example, 47% of immigration practitioners reported personally using generative AI for work-related purposes.

In the coming year, you can expect to see a heightened pace of AI development with generative AI appearing as the interface in all the tools you regularly use in your law firm. From legal research and practice management to legal billing and knowledge management, generative AI conversational interactions will increasingly be the mechanism through which you access all of the information you need to effectively represent your clients’ interests.

You’ll also notice that generative AI will be more deeply embedded into your firm’s IT stack, enabling in-depth analysis of your office's data, including client matters, documents, finances, billable hours, employee productivity, and more. This ability to easily access the metrics needed to run a productive, efficient, and profitable practice will make all the difference and will enable firms to scale and compete more easily in an increasingly competitive, AI-driven legal marketplace. 

Additionally, as generative AI becomes seamlessly embedded into everyday tools, you might not even realize you’re using it. One immediate effect of this deeper-level integration will be that court rules banning AI-generated documents will quickly become outdated and impractical, in part because they could effectively prohibit lawyers from using essential technology altogether. 

Another notable trend in 2025 will be continued regulatory changes and further ethics guidance. Bar associations will issue additional ethics opinions and guidelines that provide roadmaps for compliant AI implementation, effectively removing the remaining barriers that stand in the way of broad-scale adoption. 

Similarly, regulatory changes impacting bar exam and licensure requirements highlight a broader effort to make legal services more accessible. As states revisit licensure rules and AI ethics frameworks evolve, the legal landscape will continue to shift in the face of these efforts to balance innovation with the profession’s core principles.

In other words, if you thought the last few years brought unwelcome upheaval, brace yourself—there’s more to come. Rest assured, our profession won’t be immune from the changes and will likely be impacted far more than others. 

So get ready. Dive in and ensure you’re maintaining technology competence. Sign up for tech-related CLEs, experiment with generative AI, and learn as much as you can about emerging and innovative technologies. 2025 is sure to be a year for the record books, and now is the time to prepare yourselves for what will come. 

Nicole Black is a Rochester, New York attorney, author, journalist, and Principal Legal Insight Strategist at MyCase, CASEpeer, Docketwise, and LawPay, practice management and payment processing tools for lawyers (AffiniPay companies). 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].

Top Picks for 2024: Last-Minute Holiday Gift-Giving

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

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Top Picks for 2024: Last-Minute Holiday Gift-Giving

The winter holidays are just around the corner, and you know what that means—it’s the perfect time to tackle your gift shopping. But don’t wait too long—time is running out! Have you finished your holiday shopping yet? Struggling to find the perfect gift for that hard-to-please person in your life? If so, don’t worry! I’ve rounded up a few ideas that might be just what you’re looking for, including a few technology-related options.

Looking for the ideal present for a frequent traveler? I’ve got you covered! Now that most airplanes are equipped with seatback video monitors, compatible headphones are a must-have. Corded headphones are always a reliable fallback, and you can usually get a free pair on board. However, a wireless Bluetooth adapter is the perfect solution for those who prefer cordless headphones. This handy device plugs into the plane’s audio jack, allowing users to connect their Bluetooth headphones seamlessly and enjoy their entertainment wire-free. The Twelve South AirFly Pro Audio Streaming device, which currently costs $54.99 on Amazon, is one good option, but there are plenty of others that do the trick as well.

Another great investment is a ChatGPT Plus subscription, as staying up-to-date with the latest technology is essential for maintaining tech competence. While basic ChatGPT is free, the paid plan, priced at $19.99 per month, offers enhanced control over data and features. With a subscription, users can disable data training to prevent OpenAI from using their input for system training. Additionally, the paid version provides exclusive access to the newest features and the ability to explore or even create GPTs—specialized generative AI agents designed for specific use cases. It’s a thoughtful gift for anyone looking to stay ahead in the tech world!

A walking desk is a fantastic gift idea for the recipient who spends long hours at their desk. Compact walking pads don’t take up much space and often come with an attached desk, allowing users to work comfortably while walking at a steady pace. For example, the HccSport 3-in-1 Under Desk Treadmill Walking Pad with Removable Desk Workstation is available on Amazon for $369.99. This setup is easy to use—just place it under the desk and set the pace—and it’s a worthwhile investment in both the physical health and mental well-being of the sedentary workaholic on your gift list.

If you’re shopping for an oenophile, this idea is sure to be a hit: a subscription to SOMM TV. For just $6.99 monthly or $59.99 annually, the wine lover on your list will gain unlimited access to a treasure trove of wine-focused programming. From iconic films like SOMM and Bottle Shock to exclusive series exploring blind tastings, global wine regions, and specific grapes, there’s always something new to watch. It’s a thoughtful gift that will keep them entertained and informed all year long!

Finally, consider a Coravin for the wine enthusiast on your list. This popular device, favored by sommeliers, is ideal for those who enjoy exploring higher-end wines. Instead of removing the cork, the Coravin uses a fine needle to pierce it, injecting argon gas as you pour a glass, preserving the remaining wine. The Coravin Timeless Three Plus Wine Preservation System, which includes two argon gas capsules, is currently available on Amazon for the special holiday price of $186.75. 

So whether you’re seeking gifts for a technophile, an office warrior, or a wine connoisseur, this year’s gift list has you covered! There's something for everyone, from low-cost subscriptions to practical gadgets and high-end indulgences. With these thoughtful ideas, you can find the perfect present and bring a little extra joy to your loved ones this holiday season. Happy gifting!

 Nicole Black is a Rochester, New York attorney, author, journalist, and Principal Legal Insight Strategist at MyCase, CASEpeer, Docketwise, and LawPay, practice management and payment processing tools for lawyers (AffiniPay companies). 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].