Drive Better Outcomes

If Bill Gates walked into a bar in the poorest part of town, the average patron there would be a billionaire. Statistically speaking, that is. And while this data-driven observation is meaningless, it serves as a helpful reminder that statistical analysis – when carelessly deployed – can yield absurd and unhelpful information. Marketers would be…

While the use of artificial intelligence for drafting legal pleadings is a relatively new phenomenon, the deployment of artificial intelligence in pretrial discovery of electronically stored information is not. In fact, the deployment of AI-powered technology-assisted review (TAR) tools to sift through electronically stored information is arguably the legal profession’s first use of artificial intelligence…

By now most litigators know that generative artificial intelligence is a two-edged sword. While the ethical duty of technology competence arguably requires litigators to consider using artificial intelligence technologies for client matters, that same ethical obligation demands extreme vigilance when using what are, in fact, emerging and untested practice tools. To prove the point, we…

The American Bar Association’s suggestion last year that it would be ethically problematic for lawyers to charge high fees for formerly time-intensive work made easy by generative artificial intelligence has prompted an arguably long-overdue examination of traditional law firm billing practices. Who should benefit from exciting new legal technologies that can deliver better legal services…

The ethical duty of technology competence officially arrived in nation’s capital April 7, when the District of Columbia Court of Appeals formally approved revisions to its rules of professional conduct that identify technology as a resource that should be deployed on behalf of the client in appropriate circumstances. The D.C. Rules of Professional Conduct’s definition…

The rule seems simple enough: Attorneys defending a witness during a deposition may instruct the witness not to answer questions only for the purpose of protecting privileged information. And yet, if the number of trial court rulings addressing the topic are any indication, this business of instructing witnesses not to answer deposition questions is a…