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We know from meetings with various firms and from questions that we’ve received, that a lot of firms are working on coming up with internal policies on the use of AI at their firms. We’ve been told by some that they’re trying to “get out ahead of this.” We could certainly be wrong, but our view is that lawyers in a lot of firms, if not most, are already using AI. If that’s the case, then policies are probably needed in relatively short order. READ MORE

There has been a lot of buzz about ChatGPT since it was released late last year. Lawyers have been asking, can we use it, should we use it and if it will eventually replace them? Few have asked about the risks of using it. The risks involved with the use of Generative AI, however, are far different than the risks posed by other technologies lawyers use. You need to know and understand these risks in order to meet your ethical duty of competence. READ MORE

Many issues in legal ethics are resolved by application of state specific Rules of Professional Conduct. While every state now uses the ABA Model Rules numbering scheme, the actual wording of each rule varies widely among the states. This can yield wildly inconsistent results when an issue is resolved differently because two states address the issue with differently worded rules. READ MORE

David Kramer spoke on “Managing IP Malpractice Risks: Best Practices for Avoiding Claims” at the ABA-IPL Section Annual Meeting, which was held in April 2023 in Washington, D.C. IP malpractice lawsuits can cost millions of dollars to defend and involve years of litigation. The program identified and addressed the unique malpractice risks faced by IP lawyers. READ MORE

Now that lawyers and clients are traveling to meetings again, even if with less frequency than before the pandemic, it is worth considering lawyers’ ethical responsibilities to preserve client’s confidential information when on the road, and their duties to advise their clients of the protections required of the clients themselves to preserve confidentiality and privilege while on the move. READ MORE

The American Bar Association’s 2022 Cybersecurity TechReport summarizes survey responses from law firms of various sizes on subjects such as technology policies, security defenses, security assessments, security breaches and cyber insurance.

Many of Gemini Risk Partners’ law firm clients have recently been experiencing cyber breaches, requiring a significant investment of time and expense on the part of the breached law firms and their cyber insurers. We urge you to invest in robust cyber security, conduct regular training and testing, and purchase appropriate cyber liability insurance. READ MORE