05/09/25: CA sues vendor after troubled bar exam, dead guy's deep fake speaks at sentencing, & more
May 16, 2025
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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!
The unprecedented use of AI deep fake technology in a sentencing case raises ethical concerns about its impact on judicial impartiality and victim representation.
Virginia's proposed ethics opinion suggests that the efficiencies gained from AI in legal services should not automatically lead to lower fees, emphasizing the value of expertise in technology implementation.
California's bar exam controversies highlight the challenges of innovation in legal licensing processes, revealing the need for more effective and less monopolistic approaches to attorney readiness.
Deep dives
Impact of AI in Courtroom Sentencing
A highly controversial case in Arizona involved the use of an AI deep fake during a sentencing hearing, where a digital representation of a deceased victim delivered an emotional statement. This unprecedented approach aimed to provide closure but raised significant ethical concerns about the validity and impact of using technology in such sensitive contexts. Critics argue that employing an AI-generated voice may distort the real sentiments of the victim, clouding judicial impartiality and potentially influencing the judge's sentencing decisions. The case opens up broader discussions on the implications of AI in legal settings, including whether it might offer therapeutic benefits or serve merely as an unsettling innovation.
AI and Legal Pricing Ethics
A proposed ethics opinion from Virginia addresses the implications of using artificial intelligence in alternative fee billing, suggesting that efficiencies gained from AI shouldn't automatically necessitate reduced fees. The opinion views the expertise needed to implement and evaluate AI tools as a valuable aspect of legal services that justifies their pricing. By opposing an ABA stance that advised lowering fees due to AI efficiency, it reinforces that lawyers should charge for the comprehensive value they provide, including insights into how they utilize technology. This shift indicates a recognition of the evolving landscape of law practice and how technological integration can redefine service value.
California Bar Exam Controversies
California's bar exam has faced significant scrutiny and operational failures, leading to a decision to revert back to the Multistate Bar Examination after a poorly received replacement by Kaplan. The rush to switch aimed to save costs but ended up amplifying logistical challenges and gowning dissatisfaction, as many members had issues with the prior system. The criticisms reflect deeper concerns regarding the perceived monopoly of bar examination processes and the lack of adequate testing for effectiveness. Many argue that there are more innovative and less costly methods to ensure readiness for legal practice, highlighting a need for reform in how the legal profession is licensed.
Small Firms' Use of Legal Research Tools
The emergence of Decisys as a legal research option presents a competitive dynamic to Fastcase, with its focus on simplicity and absence of AI features. As bar associations begin to make the switch, there are mixed reactions regarding the necessity of advanced AI capabilities in daily legal research, especially among small firms. Small firm lawyers often prioritize practical, straightforward research tools over complex systems, suggesting a divergence in expectations based on firm size. This trend prompts a reevaluation of how legal technology serves different tiers of the legal profession and whether old-fashioned research methods still hold substantial value.
Ethics in AI-Driven Legal Practices
Conversations about AI in legal practices also extend to concerns about maintaining ethical standards and safeguard measures, particularly as AI tools become more prevalent. The emergence of generative AI necessitates a discussion surrounding conflict of interest checking, especially for larger firms where ethical walls are often implemented. As AI tools become integrated into legal business practices, there is mounting concern about their potential for misuse, especially in sensitive areas faced by legal practitioners. This evolving landscape highlights the need for continuous ethical reassessments to ensure AI usage aligns with professional integrity while enhancing efficiency.
