Legaltech Week

05/09/25: CA sues vendor after troubled bar exam, dead guy's deep fake speaks at sentencing, & more

May 16, 2025
Niki Black, a principal legal insight strategist at Affinapay and writer for legal tech publications, joins Joe Patrice from Above the Law and Stephen Embry of Tech Law Crossroads. They tackle fascinating topics including the ethical quandaries of AI-generated deep fakes used during sentencing, the troubling California state bar exam saga, and whether AI should lower legal fees. The trio also discusses the competitive landscape in legal research with Decisis gaining ground. Tune in for sharp insights and lively debates on the evolving landscape of legal technology!
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ANECDOTE

AI Deep Fake Speaks at Sentencing

  • In an Arizona sentencing, a victim's AI deep fake spoke as his surrogate, scripted by his sister.
  • The judge appeared to accept the AI statement without objection, increasing the defendant's sentence beyond the prosecutor’s ask.
INSIGHT

Charge For AI Skill and Judgment

  • Virginia's ethics opinion says lawyers can charge for judgment in using AI tools, including expertise to evaluate AI.
  • This recognizes that lawyers' skill in harnessing AI adds measurable value deserving compensation.
INSIGHT

Bar Exam Monopoly Hampers Reform

  • California's rushed bar exam switch to Kaplan failed due to poor test administration and haste.
  • The NCBE's monopoly on the bar exam system and refusal to allow experts hampered innovation and improvements.
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