Isha Marathe, a tech reporter for American Lawyer Media, joined the podcast to discuss her recent article on how deep fake technology is coming to litigation and whether the legal system is prepared. Deep fakes are hyper-realistic images, videos or audio created using artificial intelligence to manipulate or generate fake content. They are easy and inexpensive to create but difficult to detect. Marathe believes deep fakes have the potential to severely impact the integrity of evidence and the trial process if the legal system is unprepared.

E-discovery professionals are on the front lines of detecting deep fakes used as evidence, according to Marathe. However, they currently only have limited tools and methods to authenticate digital evidence and determine if it is real or AI-generated. Marathe argues judges and lawyers also need to be heavily educated on the latest developments in deep fake technology in order to counter their use in court. Regulations, laws and advanced detection technology are still lacking but urgently needed.

Marathe predicts that in the next two to five years, deep fakes will significantly start to affect litigation and pose risks to the judicial process if key players are unprepared. States will likely pass a patchwork of laws to regulate AI-generated images. Sophisticated detection software will emerge but will not be equally available in all courts, raising issues of equity and access to justice.

The two recent cases where parties claimed evidence as deep fakes highlight the issues at stake but did not dramatically alter the trial outcomes. However, as deep fake technology continues to rapidly advance, it may soon be weaponized to generate highly compelling and persuasive fake evidence that could dupe both legal professionals and jurors. Once seen, such imagery can be hard to ignore, even if proven to be false or AI-generated.

Marathe argues that addressing and adapting to the rise of deep fakes will require a multi-pronged solution: education, technology tools, regulations and policy changes. But progress on all fronts is slow while threats escalate quickly. Deep fakes pose an alarm for legal professionals and the public, dragging the legal system as a whole into an era of “post-truth.” Trust in the integrity of evidence and trial outcomes could be at stake. Overall, it was an informative if sobering discussion on the state of the legal system’s preparedness for inevitable collisions with deep fake technology.

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⁠⁠TranscriptContinue Reading The Rise of “Post-Truth” Litigation: ALM’s Isha Marathe on How Deep Fakes Threaten the Legal System (TGIR Ep. 209)

We all know that it takes some “outside of the box thinking” to help improve the legal system in the United States, especially when it comes to Pro Se litigants. Courtroom5 CEO and co-founder Sonja Ebron does exactly that with her startup focused on guiding Pro Se litigants through complex court processes. Ed Walters, CEO and co-founder of Fastcase wants the legal industry to stop trying so hard to reinforce that “box.” Together, Ebron and Walters are creating a process to help litigants access and navigate the court system through a combination of case process instructions, legal information, Artificial Intelligence, and collaboration with legal professionals. Eventually, Ebron would like to see the courts themselves leverage Courtroom5’s abilities to help those seeking legal recourse.

Walters stresses that the “North Star” of legal practice should be the wellbeing of clients. In a system where according to The World Justice Project, over 75% of legal needs go unmet, and some 80% of citizens seeking judicial action do so without the use of legal professionals. Part of that solution lies with the courts and the need to focus on the ability “to filter out people who need lawyers helping people who don’t.”

Once again, this is not about replacing lawyers with robots, or encouraging Pro Se litigants to not seek legal assistance. Courtroom5 and Fastcase are seeking ways to improve the overall process of placing the right information in front of litigants, at the right time. Even if those instructions are to highly recommend seeking legal counsel.

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Twitter: @gebauerm or @glambert
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Jerry David DeCicca

Transcript

Continue Reading The Geek in Review Ep. 160 – Sonja Ebron and Ed Walters Collaborate on Courtroom5 and Fastcase to Help Pro Se Litigants Access Justice

We bring on a fellow legal industry podcaster this week to talk about the launching of her brand new podcast, The Portia Project. M.C. Sungaila is a shareholder at Buchalter in California and she noticed that while there were a number of female judges making it onto the trial court bench, there were still a small number at the appellate level. This motivated her to seek out a platform for those judges who were at the appellate level to share their stories and perhaps encourage others to seek out similar roles. M.C. discusses how her original idea of creating a book on the topic morphed into the podcast platform as a result of not just the length of time it takes to compile a book, but also because she quickly discovered that being able to actually hear these stories told in first-person had more of an emotional effect than the printed page could convey.

M.C. shares how the experiences of women joining the judiciary changed over the past few decades. How the challenges shifted from the 70s and 80s into the past couple of decades. That the barriers shifted from obvious issues to more subtle obstacles. She also notes how there is a theme among these stories of women trailblazers in particular areas of legal practice, only to be supplanted by their male counterparts once those areas of practice become more prestigious. It is this type of shared storytelling experience that makes podcasting such a popular platform and M.C.’s Portia Project brings these important stories to life. We hope you enjoy this discussion as much as we did.

Crystal Ball Question

While we may be back to a more “regular” style of podcast episode this week, we still have some recordings from LegalWeek that we are going to share for a few more episodes. We asked a number of attendees our Crystal Ball question of “what significant changes do you see in the legal industry over the next five years?” This week, David Bartolone from Wolters Kluwer sat down at the microphone in New York and gave us his projection on the role APIs will play in the near future.

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Twitter: @gebauerm or @glambert

Voicemail: 713-487-7270

Email: geekinreviewpodcast@gmail.com

Music: Jerry David DeCicca

Transcript

Continue Reading The Geek in Review Ep. 151 – M.C. Sungaila and The Portia Project Podcast

Sarah Sutherland from CanLII joins us this week to talk about her new book, Legal Data and Information in Practice: How Data and the Law Interact. We have a fun and informative discussion about how the legal industry, ranging from courts, firms, law schools and start-ups are leveraging data within their organizations and how new technologies are allowing us to do amazing things with data that we could only dream about a few short years ago. While many of us in the law understand the messiness of the data we produce and collect, however Sutherland points out that there are many industries where the data is messy, and they are using that data to increase the value of the services they provide.

That being said, there are still a number of ways in which we create and collect data that need improvement to support current and potential uses. Leveraging data in better ways helps the legal industry across the spectrum. Whether that is the large law firms assisting global corporations, or helping individuals with access to justice needs. Sutherland’s hope is that a legal industry that has better structure data results in better outcomes for everyone needing legal services. Sarah recently wrote about a hypothetical law firm where she quantified the value of improved information and data.

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Information Inspirations

A recent leak of confidential court records in California from Tyler Technologies, Inc.’s Odyssey Case Management System is having a wider affect that the court initially thought. It turned out that third party data collection also gained access to the information, including attorney disciplinary records and juvenile records. In addition, no one is really certain if the leak was limited to just the California courts.

Lex Machina and LexisNexis recently released their latest Law Firms Activity Report, which surveys the most active law firms in federal district court.

You know what we are missing? Another Law School in Florida! Enter The Jacksonville University College of Law to become Florida’s twelfth law school in the state.

You know what else we have been missing? Legal Explainer TikToks. But now we have them thanks to Harvard Law Spouses, Maclen Stanley and Ashleigh Ruggles, both 2018 Harvard law grads, They published a book last summer called The Law Says What?: Stuff You Didn’t Know About the Law (but Really Should!), and a TikTok page spun off of the book. Perhaps we need a Geek in Review TikTok page?? Or, perhaps not!!

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Twitter: @gebauerm or @glambert.

Voicemail: 713-487-7270

Email: geekinreviewpodcast@gmail.com.

Music: As always, the great music you hear on the podcast is from Jerry David DeCicca.

Transcript

Continue Reading The Geek in Review Ep. 149 – Sarah Sutherland on How Data and the Law Interact

As much as we complain about the PACER federal dockets, it pales in comparison to most of the state court docket systems when it comes to tracking and searching cases at the state and local levels. Josh Blandi, the co-founder, and CEO of Unicourt is leveraging APIs and normalizing court data across multiple state and local courts to help clean up the data and make searching and tracking better. Josh joins us to discuss how they are gathering the information, the roadblocks that state courts and the private companies they contract with throw up to restrict data, and some new advancements in Unicourt’s APIs that link multiple pieces of data to allow for better analytics. We also discuss the collaboration between companies like Justia, Fastcase, and others to pool their resources and reduce the overall costs of accessing the very expensive data that courts produce. One other side project Josh is doing with Public.Resources’ Carl Malamud is the Code Improvement Commission GitHub where they are posting the state statutes for Georgia, Tennessee, and other states for anyone to download and use without any copyright or licensing restrictions.

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Information Inspiration

Rocket Lawyer just announced that they will be testing the sandbox of non-lawyer ownership in Arizona. Rocket Lawyer already established such an operation in the UK and in Utah, and they and eight other companies have applied to the Arizona Supreme Court for their approval to start operations there with the goal of providing legal services for less than the price of hiring an attorney. Eyes are moving over to California now to see if they are the next state to create a sandbox for companies to provide alternative legal services.

The legal job market is hot! Leopard Solutions released a report showing that there are almost 8,300 open and available attorney jobs in the 1,000+ law firms they are tracking. Recruiters are overloaded with opportunities, so if you have a decent practice, expect some calls. We speculate that the same is going on for many of the law firm support positions. There’s going to be a lot of movement over the next year.

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Please take the time to rate and review us on Apple Podcast. Contact us anytime by tweeting us at @gebauerm or @glambert. Or, you can call The Geek in Review hotline at 713-487-7270 and leave us a message. You can email us at geekinreviewpodcast@gmail.com. As always, the great music you hear on the podcast is from Jerry David DeCicca
Transcript

Continue Reading The Geek in Review Ep. 118 – Unicourt’s Josh Blandi on Improving Access to Federal, State, and Local Court Data

On this week’s episode, Greg speaks the couple of words of French he learned on vacation.

Marlene talks about mentor/mentee relationships and Sheryl Sandberg’s discussion on how the #MeToo era places an external strain on promoting these relationships. Marlene touches on the three founders of Black Women Talk Tech, Esosa Ighodaro, Regina Gwynn, and Lauren Washington, as well as Sophia Amouruso and others on the importance of mentoring.

Continue Reading Podcast Episode 6 – Law Librarian Helps Streamline a Texas Court

Kate Martin, Law Library for the Circuit Court for Montgomery County, Maryland, is organizing an Access to Justice (A2J) Conference in Baltimore on March 21st. The conference is through the local law librarian chapter, LLAM, and anyone familiar with Kate should know that she tends to develop very strong programs that take on a