CLE
Thomas Shack
Thomas Shack The Law Shack, PLLC
How AI Impacts Small & Solo Firms Exploring the Potential Benefits & Risks of Incorporating AI Into Practice
How AI Impacts Small & Solo Firms: Exploring the Potential Benefits & Risks of Incorporating AI Into Practice

In the dynamic landscape of modern legal practice, small and solo firms are increasingly turning to artificial intelligence (AI) to enhance their efficiency and effectiveness. Join Thomas Shack, consultant, attorney, and former Comptroller of the Commonwealth of Massachusetts from 2015 to 2019, for a program aimed at demystifying how AI can be used in a modern law practice.

Learn how small and solo firms can use AI for things like legal research, document review, e-discovery, and predictive analytics, while avoiding common errors like misinformation and AI hallucinations. Leveraging AI can help you stay ahead of the curve, so long as you know how to use it responsibly.

Agenda:
  • The Definition of AI and the Different Types of AI
    • Two types of systems for now
    • Rules-based AI
    • Generative AI

  • The Horizon of AI Types
    • Reinforcement learning
    • Neuromorphic AI
    • Explainable AI
    • Hybrid AI Systems
    • Artificial general intelligence

  • What Can the Different Types of AI Do for Small and Solos?
    • Legal research
    • Document review
    • E-discovery
    • Predictive analytics

  • The Risk of Relying Too Heavily on AI
    • Critical thinking skills
    • Legal and regulatory requirements

  • Mistakes Within AI Output (You Own All of Them)
    • Misinformation in legal briefs
    • Mistaken legal precedent
    • Missing crucial evidence

  • What Could Go Wrong?
    • AI hallucination - It's a real thing

  • AI Generated Errors
    • Fabricated case law
    • Biased algorithmic outputs
    • Misinterpreting legal nuance

  • Pronounced Practice Tip

  • Ethical Rules When Using AI in Practice
    • ABA Model Rule 1.1 (Competence)
    • ABA Model Rule 1.6 (Confidentiality of Information)
    • ABA Model Rule 1.9 (Duties to Former Clients)
    • ABA Model Rule 2.1 (Advisor)
    • ABA Model Rule 5.1 (Responsibilities of a Supervisory Lawyer)
    • ABA Model Rule 5.3 (Responsibilities Regarding Nonlawyer Assistance)

  • Selecting & Integrating AI Tools Into Your Practice
    • The wild, wild, west
    • Choose the right AI tools for your needs
    • Train staff
    • Data security and client confidentiality
    • Choose AI vendors with robust security
    • Talk to others

  • Overcoming Common Challenges & Concerns
    • Client confidentiality
    • AI may miss important nuances
    • Predicting legal outcomes
    • Not a replacement for human expertise and judgment

  • How Small & Solo Firms Can Stay Ahead of the Curve
    • AI is changing the legal workforce
    • Adaptation is the key to competing
    • ABA Model Rule 1.1 (reiteration)

  • Balancing the Benefits of AI With the Need for Human Judgement and Expertise

  • Conclusion
    • The legal industry is rapidly evolving with AI
    • The legal field is built on accuracy and precision
    • AI may be exciting, effective, scary and risky all at once

  • Questions & Answers
Duration of this webinar: 60 minutes
Originally broadcast: June 05, 2024 11:00 AM PT
Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

Introduction
Thomas Shack, the speaker, is an expert in business and criminal appeals with extensive legal and financial experience. Thomas discusses the rapid evolution of AI and its impact on small and solo law firms, aiming to clarify the benefits and risks of AI integration. He explains AI as machines mimicking human cognitive functions.
Understanding AI in Legal Practice
AI is transforming the legal field by automating tasks, improving research, and assisting with legal strategy. Thomas warns about the risks of AI, particularly in document drafting, and advises caution with systems offering free trials. He distinguishes between rules-based AI, which uses closed data, and generative AI, which uses open internet data, highlighting the risks of the latter. Thomas uses LexisNexis as an example of rules-based AI, emphasizing the importance of understanding the limitations and potential errors of AI systems. He advises caution with marketing claims from AI vendors, since they may not adhere to legal standards.
Types of AI and Their Applications
Thomas discusses the challenges of AI, such as its inability to handle complex reasoning and empathy, and the importance of security when uploading documents. He explains reinforcement learning, neuromorphic AI, explainable AI, hybrid AI, and artificial general intelligence, noting their potential but current limitations. AI can automate legal research, but security concerns arise when uploading sensitive documents to AI systems. Thomas emphasizes the need for caution with AI vendors' claims and the importance of testing systems before relying on them. He highlights the potential of AI in document review and e-discovery but warns against over-reliance on AI for legal outcomes.
Risks and Challenges of Using AI
AI can assist in e-discovery and predictive analytics, but Thomas warns against over-reliance on AI for legal strategy. He stresses the importance of maintaining critical thinking skills and adhering to professional conduct rules when using AI. Thomas provides examples of AI-related mistakes, such as misinformation in legal briefing and mistaken legal precedent. He warns about AI hallucinations, where AI generates fictitious legal cases, and the consequences of relying on such information. Thomas emphasizes the need for responsibility and transparency when mistakes occur to avoid accusations of bad faith.
Ethical and Professional Considerations
Thomas discusses the ethical considerations of using AI, referencing ABA Model Rules on competence, confidentiality, and supervisory responsibilities. He stresses the importance of understanding AI systems' capabilities and limitations to use them responsibly. Confidentiality is crucial, and lawyers must ensure client data is secure and not accessible by unauthorized parties. Thomas advises adding disclosures about AI use in retainer agreements and emphasizes the need for independent professional judgment. He highlights the responsibilities of supervisory lawyers in ensuring compliance with professional conduct rules when using AI.
Selecting and Integrating AI Tools
Thomas advises on selecting and integrating AI tools, emphasizing the importance of data accuracy and security. He warns against relying solely on AI for legal research and stresses the need for human oversight to avoid inaccurate predictions. AI is rapidly changing the legal workforce, and lawyers who leverage AI will be better positioned to compete. Thomas encourages fostering a culture of innovation and continuous learning to stay ahead in the evolving legal landscape. He emphasizes the importance of balancing AI benefits with human judgment and ethical standards.
Conclusion and Q&A
Thomas concludes by emphasizing the irreplaceable human element in legal practice, such as making impassioned arguments. He advises maintaining a good reputation and warns against becoming a cautionary tale in AI misuse. Thomas offers to assist with setting up internal AI systems and answers audience questions on AI tool selection and regulatory impacts. He discusses mitigating AI biases and the importance of client disclosure when using AI in legal practice. Thomas highlights the potential of AI in streamlining case preparation and the importance of sanitizing data before uploading to AI systems.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 Technology in the Practice of Law

Earn Credit Until: June 4, 2026

South Carolina CLE

Status: Approved

Credits: 1.00 General

Difficulty: All Levels

Earn Credit Until: December 31, 2025

North Carolina CLE

Status: Approved

Credits: 1.00 Technology Training

Earn Credit Until: February 28, 2026

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: May 31, 2025


This presentation is approved for one hour of Technology in the Practice of Law CLE credit in California, one hour of General CLE credit in South Carolina (all levels), and one hour of Technology Training CLE credit in North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.
This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 General credit hours, from 2025-06-01 to 2026-05-31.

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Speaker
Thomas Shack
Thomas Shack Founding Partner
The Law Shack, PLLC
Thomas Shack leads a highly specialized appellate group that focuses on business and criminal appeals. Tom's extensive background in state and federal courts and as a former Comptroller of the Commonwealth and a state prosecutor brings a wealth of knowledge and expertise in legal, financial, and business matters. Tom is sought-after for his strategic guidance and deep understanding of business and legal ethics and as an adjunct professor in Business and Ethics at his alma mater, New England Law l Boston. He also holds dual JD and MBA degrees.
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