November 10, 2023

Could it Ever be Legal Malpractice to Not Use AI or other Technology?

If artificial intelligence eventually performs a task better than humans, is it negligence not to use AI for the task? If so, What does this portend for the legal profession? If a lawyer makes a blunder that could have been avoided by incorporating technology into the legal work, could it be malpractice for not using the tech? If a reasonable lawyer would have used technology, does the lawyer's representation of the client fall below the requisite standard of care?
October 20, 2020

Are Cyber Incident Forensic Reports Privileged Attorney Work Product?

According to one court, cyber incident forensic reports may lose work product protection if not created "because of" anticipated litigation and disclosed beyond the legal team. If other courts follow, the opinion may impact reports and investigations outside of cybersecurity such as regulatory compliance and HR matters.