CBA Record November-December 2024

WHAT LAWYERS ARE TALKING ABOUT IN 2024

We asked our editorial board members to share one subject that’s got them and their

colleagues buzzing these days. The takeaway? The legal world is metamorphosing in ways both subtle and dramatic, practical and transformative. Stay informed: Today’s chatter often becomes tomorrow’s norm.

Evolving Legal Technology The Digital Courthouse By Justice Michael B. Hyman, Illinois Appellate Court

Generative AI Apps By Pamela Sakowicz Menaker, Communications Partner, Clifford Law Offices

The Illinois judiciary is adjusting in real-time to the increase in remote work and virtual courtrooms. Our courts are now con ducting many hearings online, allowing people who face barriers such as time constraints, geographic distance, or a disability to participate without having to travel to a courthouse. In the appellate court, most of my colleagues agree that virtual oral arguments have proven to be as interactive and informative as in-person ones, and even incarcerated individuals have been able to watch the arguments from prison, which would have been out of the question before the pandemic. Despite advancements, the digital divide remains a pressing issue, prompting our courts to reassess their processes to ensure equal access to all parties regardless of technological resources. Many judges have incorporated hybrid models, handling routine matters remotely while reserving critical proceedings like jury trials for courtrooms. By the end of the decade, I expect technologies and standard ized procedures to be put in place to enable most bench trials and certain types of jury trials to be conducted online. This will allow greater access to justice while maintaining fairness and decorum in a digital environment.

In the ever-evolving landscape of legal services, the integration of artificial intelligence (AI) has emerged as a game-changer for law yers seeking to streamline their workflows, enhance client inter actions and improve overall efficiency. One that has garnered attention in the legal industry is generative-AI tools with the ability to create documents by scraping data from the internet, including legal filings and whatever sources are available, with the caveat that their source or reliability is unknown (ala the case involving two New York lawyers who filed an AI-generated brief without checking that the cases were pure “hallucinations”). Hundreds of continuing legal education programs are avail able, given the Illinois requirement that lawyers must be up to date on legal technology. Experts are now encouraging lawyers to use such generative AI apps such as ChatsterAI, ChatGBT 4.0 and Copilot as a savings method for clients. Tech experts in the legal field are advising that such tools can be used as a first draft for routine or repetitive tasks, freeing up the lawyer to focus on more strategic and human-oriented work. They warn that although specificity is required to get the best product from AI tools, one must not enter clients’ names or other

20 November/December 2024