As a sitting judge with expertise in the intersection of AI and law, I've long anticipated the day when artificial intelligence would significantly impact our legal proceedings.
I always thought that lawyers had a first amendment right to business speech like anyone else when developing their own work product. Further, isn't the lawyer's process in creating this unique work product privileged? If so, why are courts crossing the sacred barrier between bench and bar? I honestly don't know how I would react to a court rule requiring me to disclose the technology I use to do my job. Likely, I would exercise my first amendment right to explain how LLMs work, and why a disclosure rule is not appropriate (and then I'd probably go to jail).
The Weber Court seemed perplexed by Microsoft Copilot. Microsoft is beginning the process of building out AI powered operating systems. Does this mean Judges will required lawyers to disclose their use of a computer when preparing their case? Just getting to the courthouse usually involves AI telling me which route to take due to traffic that day. Am I required to disclose that too?
Hopefully, courts will stay in their lane. We have a great system and, if a lawyer offers testimony or evidence that is not accurate, opposing counsel is more than capable of pointing it out. Whether the incorrect output resulted from a new technology or lazy lawyering does not matter.
![[sch]Legal Tech](https://substackcdn.com/image/fetch/$s_!tpbI!,w_80,h_80,c_fill,f_webp,q_auto:good,fl_progressive:steep,g_auto/https%3A%2F%2Fbucketeer-e05bbc84-baa3-437e-9518-adb32be77984.s3.amazonaws.com%2Fpublic%2Fimages%2Feb714602-b05a-4e7a-96ee-e66eefa09112_1280x1280.png)
![[sch]Legal Tech](https://substackcdn.com/image/fetch/$s_!tpbI!,w_36,h_36,c_fill,f_webp,q_auto:good,fl_progressive:steep,g_auto/https%3A%2F%2Fbucketeer-e05bbc84-baa3-437e-9518-adb32be77984.s3.amazonaws.com%2Fpublic%2Fimages%2Feb714602-b05a-4e7a-96ee-e66eefa09112_1280x1280.png)
Thanks for your comments Darol. These are important conversations that must take place.
Learn about the legal deception history in my podcast here:
https://soberchristiangentlemanpodcast.substack.com/p/s2-ep-6-legal-deception-the-magic
I always thought that lawyers had a first amendment right to business speech like anyone else when developing their own work product. Further, isn't the lawyer's process in creating this unique work product privileged? If so, why are courts crossing the sacred barrier between bench and bar? I honestly don't know how I would react to a court rule requiring me to disclose the technology I use to do my job. Likely, I would exercise my first amendment right to explain how LLMs work, and why a disclosure rule is not appropriate (and then I'd probably go to jail).
The Weber Court seemed perplexed by Microsoft Copilot. Microsoft is beginning the process of building out AI powered operating systems. Does this mean Judges will required lawyers to disclose their use of a computer when preparing their case? Just getting to the courthouse usually involves AI telling me which route to take due to traffic that day. Am I required to disclose that too?
Hopefully, courts will stay in their lane. We have a great system and, if a lawyer offers testimony or evidence that is not accurate, opposing counsel is more than capable of pointing it out. Whether the incorrect output resulted from a new technology or lazy lawyering does not matter.