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Course Details

This CLE webinar will discuss how appellate lawyers might efficiently and ethically use machine learning and generative artificial intelligence to create more persuasive and better written briefs. The panel will address the possible use of AI by judges or jurors.

Faculty

Description

According to a 2020 state bar magazine article about generative AI, "client demands for speed and efficiency along with competition from European and Chinese law firms will push American lawyers to embrace a new way of doing things, which will include how they go about writing."

When considering AI applications, lawyers must first understand the difference between various types of algorithmic operations, machine learning, and generative AI, including how the major online legal research programs operate and if these are different from generative AI, such as ChatGPT. Lawyers must also understand what the various search engines are able to produce as far as search results and even document production.

In addition, lawyers also need to know the ethical rules, boundaries, and limitations of AI to avoid sanctions and malpractice. So far two states have issued ethics opinions on the use of AI, and a number of federal judges have their own individual rules.

Of particular interest to appellate lawyers is how AI could possibly affect strategic decisions about which issues are most likely to be outcome-determinative by revising massive numbers of decisions decided by specific judges or panels. They may also be required to anticipate the use of AI by judges or juries.

Listen as this experienced panel of appellate attorneys and legal writing expert offers guidance about best practices for using AI when drafting appellate briefs.

Outline

  1. Introduction
    • Legal technology landscape
    • Mechanics of ChatGPT and generative tools
    • Limitations and problems with generative tools
    • Contrasted with traditional online research
  2. Ethics issues
    • Relevant rules of professional responsibility
    • State bar ethics opinions
    • Rules from individual judges
    • Cautionary tales
  3. Use cases
    • Issue selection
    • Researching
    • Drafting and editing

Benefits

The panel will consider these and other important issues:

  • How can AI assist in legal decision-making, risk assessment, prediction of case outcomes, and selection of issues for appeal?
  • What are the limitations of AI in doing legal research, and what skills are necessary to use AI in a beneficial way?
  • Is sentiment analysis of judicial decisions or questions during oral argument useful?
  • Can recordings of oral arguments be subjected to AI, and if so what useful information might be gleaned?