Montana Lawyer June/July 2025

JUNE/JULY 2025 VOL. 50 | ISS. 3

Justice Meets Algorithms: The Rise of Gen AI in Law Firms

Also Inside: Shedding Juror Bias by Violating Expectations How to Manage the Risks Associated with Substantive Malpractice Missteps

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JUNE/JULY 2025 VOL. 50 ISS. 3

IN THIS ISSUE

The Montana Lawyer is published 6 times a year by the State Bar of Montana, 33 S. Last Chance Gulch, Suite 1B, P.O. Box 577, Helena, MT 59624 as its official publication for all members. Publisher | John Mudd Editor | Regina Mercado email : montanalawyer@montanabar.org Montana Lawyer Subscriptions are a benefit of State Bar membership. Subscriptions for non members are available for $50 per year. Ad rates and subscription information are avail able by emailing montanalawyer@montanabar. org. Statements and expressions of opinion appear ing in the Montana Lawyer are those of the advertisers or authors. Unless specifically stated, they are not the official position or view of the State Bar of Montana, its officers or trustees, and they do not necessarily represent the views of all members of the State Bar of Montana. Postmaster: Send address changes to mon tanalawyer@montanabar.org.

STATE BAR OFFICERS President Antoinette “Toni” Tease, Billings President-Elect Aislinn W. Brown, Helena Secretary-Treasurer Erica R. Grinde, Missoula Immediate Past President J. Stuart Segrest, Helena Chair of the Board Albert “Rich” Batterman, Baker BOARD OF TRUSTEES Area A Ryan G. Hennen, Whitefish Area B Beth Hayes, Missoula Dana L. Hupp, Missoula Natasha P. Jones, Missoula Area C Kaylan A. Minor, Dillon Area D Anthony Gallagher, Great Falls Claire Lettow, Great Falls Area E Albert “Rich” Batterman, Baker Area F

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Justice Meets Algorithms: The Rise of Gen AI in Law Firms

Shedding Juror Bias by Violating Expectations

How to Manage the Risks Associated with Substantive Malpractice Missteps

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MISCELLANY 4 PRESIDENT’S MESSAGE 6 MEMBER NEWS 8 PRO BONO CHRONICLES 10 FOR YOUR REFERENCE

Craig D. Charlton, Helena Anna M. Kecskes, Helena Lindsey R. Simon, Helena Area G Sherine D. Blackford, Bozeman Matthew A. Haus, Bozeman Area H Shane P. Coleman, Billings Eli J. Patten, Billings Michelle Sullivan, Billings ABA DELEGATES Michael Klepperich, ABA Delegate ( Young Law yers’ Division ) Matt Thiel, Missoula (Statewide Delegate) Tucker Gannett, Billings (State Bar Delegate)

21 TECH TIPS 24 COURT NEWS 24 IN MEMORIAM 26 JOBS/CLASSIFIEDS

PRESIDENT’S MESSAGE Holding Down the Fort The phrase “hold down the fort” is believed to have originated during the Battle of Allatoona in 1864, when General William Tecumseh Sherman sent a message to his officer, John Murray Corse, urging him to “hold the fort” until reinforcements arrived. Corse, a young lawyer and aspiring politician who volunteered for the Union Army, had been shot in the face while defending a critical railroad pass and had just regained consciousness when he received Sherman’s message. He held the line. 1 Lawyers are often asked to hold down the fort, and that is exactly what we did during the 2025 legislative session. Our goals were to (a) safeguard the independence of the legal profes sion, (b) uphold the constitutional separation of powers, and (c) protect the rule of law. Bar members stepped up by testifying at commit tee hearings, submitting written comments, and meeting with legislators. The State Bar Executive Committee met weekly to evalu ate and vote on proposed legislation, and we prepared position papers on issues of particular importance. We worked closely with our lobby ist and others to present constructive testimony on key issues. In total, the Executive Committee reviewed nearly 100 bills this session. As Bar President, I began my term by form ing two teams—one to identify bills affecting the legal system and another to manage commu nications. We published two op-eds in the fall: Preserving Montana’s Judicial Independence: Why Nonpartisan Elections Matter for Our Democracy (Billings Gazette, October) and Lawyers Will Maintain Commitment to Justice, Defending Democracy (Bozeman Chronicle, November). On December 10, I emailed bar members about our preparations for the upcom ing legislative session.

In late December, I received a letter from the Montana State Senate signed by 16 sena tors requesting that I appear before the Senate Judiciary Committee on January 7. On January 3, I participated in Law School for Legislators , an event at the Capitol co-hosted by the Alexander Blewett III School of Law and the State Bar. The event drew over 100 legislators and focused on the Montana Constitution. The message that I delivered on behalf of the State Bar was clear: we stand ready to assist lawmakers in crafting constitutionally sound laws that serve the people of Montana. On January 6, I submitted a formal response to the Senate letter, emphasizing shared princi ples: (1) the rule of law is good for business; (2) the State Bar values viewpoint diversity in CLE programming; and (3) the constitutional separa tion of powers must be respected. 2 I testified the next day before the Senate Judiciary Committee, addressing questions on State Bar governance, the Keller decision, 3 and the unification of the Bar in 1974. 4 We kept members informed through leg islative updates sent by email on January 21, January 30, and March 20, and again on May 7 with a summary of bills from the Senate Select Committee on Judicial Oversight and Reform. On April 10, the Daily Montanan published my op-ed, From Vigilantes to Judges: What Montana’s Past Teaches Us About Justice Today . 5 Throughout the year, I have welcomed opportunities to speak on issues of importance to the Bar. At last year’s annual meeting, I mod erated a panel on lawyers in democracy with Bill Bay (President of the American Bar Association) and Dan Cotter (President of the National Conference of Bar Presidents). I spoke to the Yellowstone Area Bar Association in October

Toni Tease is a registered patent attorney and a solo practitioner who special izes in intellectual property law. Her office is located in Billings, Montana, and her website is at www. teaselaw.com.

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Endnotes 1

on the State of the Bar and presented on First Amendment issues and mandatory bar associations at CLE & Ski in January. In April, I joined a panel on the role of lawyers in society at the Western States Bar Conference, and John Mudd and I co-presented on the history and future of at torney regulation at the Bench & Bar CLE in April. In addition to focusing on legislative priorities, we also attended to the Bar’s regular business. For the Bar President, this includes attending conferences, participat ing in meetings of the Executive Committee and Board of Trustees, liasing with various commissions and organiza tions, and fulfilling the Executive Committee’s oversight obligations vis-à-vis the Executive Director. Early in my term, I interviewed every committee chair to understand their goals and identify leadership gaps. I have prioritized recruiting new volunteers to committees and sections. Along the way, I have had the privilege of working with Montanans who cherish our state and are deeply commit ted to the rule of law. I share this information with you in the hope that those of you who may be considering State Bar leadership will gain a clearer picture of the role of Bar President and how you can make a difference. I would like to thank the mem bers of the Executive Committee, our Executive Director, John Mudd, our lobbyist, Bruce Spencer, and Eli Patten, without whom we could not have navigated the legislative session as effectively as we did.

1864 Battle Gave Rise to ‘Hold the Fort,’ Desert News (April 5, 1998), accessed at https://www.deseret. com/1998/4/5/19372910/1864-battle-gave-rise-to-hold-the fort/. 2 The Daily Montanan article regarding this letter can be found here: https://dailymontanan.com/2024/12/30/ state-senators-call-on-state-bar-of-montana-to-apologize for-members-comments-at-training-session/. 3 Keller v. State Bar of California , 496 U.S. 1 (1990). 4 The Daily Montanan article summarizing my testimony can be found here: https://dailymontanan. com/2025/01/07/montana-state-bar-president-testifies before-senate-judiciary-committee/. 5 This article can be found here: https://dailymon tanan.com/2025/04/10/from-vigilantes-to-judges-what-mon tanas-past-teaches-us-about-justice-today/. The views expressed in this President’s Message are those of the State Bar President. They do not necessarily reflect the views of all State Bar members and are not an official position of the State Bar itself.

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SECTION & MEMBER NEWS

CAREER MOVES BKBH Welcomes Greg Overstreet as Of Counsel Based in the firm’s Missoula office, Greg focuses his legal practice on commercial and

Kilpatrick Continues to Expand its Mergers Acquisitions and Venture Capital Teams with New

Counsel Kilpatrick announced today the addition of Grant Dickson as Counsel to its internationally recognized and growing cor porate practice on its Mergers & Acquisitions and Venture Capital Teams. While he will be associated with the firm’s Washington, D.C. office, Mr. Dickson will remain as a resident of

real estate litigation, homeowner associa tion issues, municipal and constitutional law, and matters involving financial insti tutions. In addition to his work at BKBH,

Greg serves in the Montana House of Representatives and sits on the Judiciary Committee. Greg’s legal background includes serving as in house counsel to a state Attorney General’s office, a public policy institute, a statewide trade association, a security and military contracting firm, and a financial institution. He has also repre sented newspapers and handled a broad range of industry-relat ed litigation. M. Douglas Flahaut founds Echo Park Legal, APC

WWW.MONTANABAR.ORG GUIDELINES FOR SUBMITTING MEMBER NEWS The Montana Lawyer welcomes news from mem bers including announcements of new positions, ad vancements, honors, appointments and publications. There is no charge for Member News submissions. If you have news you would like to submit to the Member News section, you can email it to montanala wyer@montanabar.org. Please direct any questions to the same address. We will include firm name, location, the change that is being announced, attorney’s name, law school, practice areas, and a high-resolution photo. practice includes business, corporate and commercial transac tions, real estate development and transactions, commercial financing and financial services, licensing, corporate governance and regulatory and compliance matters. John is admitted to practice law in Montana, Alaska and Florida. He can be reached at john@bmslawmt.com or 406-656-6551. Billstein, Monson & Small PLLC is a full-service business law firm serving clients in Montana, Wyoming, and North Dakota. Bozeman, Montana, where he has practiced for the last decade. He joins the firm from Silverman Law in Bozeman. Mr. Dickson brings nearly 20 years of experience representing a wide range of businesses, private equity and venture capital firms, and inves tors in diverse corporate and transactional matters. His practice includes advising on mergers & acquisitions, general business operations, corporate governance, contracts, compliance, and equity and debt financing. He has also worked on a variety of real estate transactions, ranging from the purchase and sale of hotels, resorts, and agricultural ranches to commercial leasing agreements. Mr. Dickson earned his J.D. from Vanderbilt University Law School and holds a B.A. in English and German from Washington & Lee University. He is admitted to the Montana and District of Columbia Bars. Billstein, Monson & Small PLLC announces John VonLangen as our firm’s newest member John graduated, cum laude, from University of Dayton School of Law, where he served as an executive editor for the University of Dayton Law Review. He re ceived his Bachelor of Science in Electrical Engineering from the University at Buffalo. Before joining the firm, John was Senior Counsel for GE Capital in Billings. John’s

After 15 years at national firm ArentFox Schiff LLP, M. Douglas Flahaut resigned from the partnership and founded Echo Park Legal, APC. Echo Park Legal, APC is a boutique restructuring firm focused on business reorganizations, bankruptcies, receiverships, and mediation. Mr. Flahaut is a proud graduate of Mt. Ellis Academy in Bozeman, Montana and went on to obtain his J.D. from UCLA School of Law. He

has been a member of the State Bar of Montana since 2008 and is admitted to practice law in the United States District Court of the District of Montana. Netzer, Krautter & Brown, P.C. Announces New Shareholders, James Reavis and Ryan Payne The law firm of Netzer, Krautter & Brown, P.C., with offices in Billings and Sidney, announces that attorneys James Reavis and Ryan Payne are new shareholders in the firm. Reavis joined the firm in 2023 after working at the Montana Office of the Public Defender for 11 years. Payne joined the firm in 2022.

James Reavis is practicing law in the areas of ap pellate advocacy, property disputes, and criminal law, including service on the federal CJA Panel. Reavis is also a State Representative for Montana House District 47 and just completed his first legislative session. In his time at the Public Defender’s office he was involved in 130 appeals before the Montana Supreme Court. He has also provided pro bono family law advice with Ryan Payne is practicing law in the areas of mineral rights, real estate and business transactions and has an interest in building a niche practice in aviation law.

Montana Legal Services Association for many years.

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Meeting in Helena will feature free CLEs, a business meeting, and plenty of time to connect with your peers. CLEs Are Free—Bring a Friend! CLEs for the year are free for Section members and the wider paralegal community. If you’re already a member, invite a colleague to come along. If you’re not a member yet, come anyway—we’d love to meet you and show you what our Section has to offer. Membership Renewals Coming Soon Renewal invoices for the 2025–2026 membership year will be sent out shortly. To renew online, log in at www. montanabar.org, head to your Member Dashboard, and click on either the Renew Membership icon or the red Renew link under Alerts & Reminders. Prefer paper? You can also send a check to P.O. Box 577, Helena, MT 59624 CLE Documentation Reminder Don’t forget to complete your annual CLE and member ship certification through your Member Dashboard. Look under Alerts & Reminders for the link to complete the at testation and upload your CLE Excel file to the Documents folder. This step is required each year as part of your renewal. New Collaboration with MALA We’re excited to announce our partnership with the Montana Association of Legal Assistants*Paralegals (MALA)! Look for collaborative efforts at upcoming CLEs, social events, and annual meetings. Together, we’re working to build a stronger, more connected legal support commu nity in Montana. Let’s Stay Connected Questions? Ideas? Just want to chat? Reach out to us at: paralegalsection@gmail.com Thank you to all our current members—your involve ment and support keep this Section vibrant and active. We’re always happy to welcome new faces. See you soon, and all our best always! Current Officers Sabrina Hallsten, Chair; Jenna Moseman, Vice Chair; Erin Quirk, Secretary/Treasurer; Alexander Miller, State Bar Liaison; Angela Miller Scott, Professional Development Officer; Michelle Netzer, Member-at-Large; Sara Pike, MALA Liaison

Silverman Law Office Welcomes Two New Paralegals BillieJo Gray and Shelby Streib, to its growing team. Gray brings more than two decades of legal and client service experience to the firm. She specializes in helping clients through emotionally difficult processes like estate planning and probate. Her diverse background also includes time in the medical field, real estate, and even as a rideshare driver. A proud mother and grandmother, Gray recently relocated from the Pacific Northwest to Montana to be closer to family. Streib is a lifelong Montanan who began her career work

ing with at-risk youth before transition ing into the legal field. Most recently, she served at the Montana Office of Disciplinary Counsel for seven years, gaining valuable experience and insight into legal ethics and operations across the state. Outside of work, she enjoys life with her husband, two children, and a house

full of rescue animals. Sidebar with the Paralegal Section: Info, Renewals & CLEs Whether you’re new to the profession or a seasoned legal support professional, the Paralegal Section is your hub for connecting with colleagues, attending high-quality educa tional events, and staying up to date with industry standards. We’re here to build community and promote excellence in the field. We have a great lineup of in-person CLEs hap pening across Montana, and we can’t wait to see you at the Annual Meeting this September in Helena. These events are your chance to meet other professionals, share ideas, and gain practical insights you can take back to your workplace. Become a Member Membership in the Paralegal Section is open to both attorneys and non-attorneys who meet eligibility require ments as outlined in the Section’s bylaws. Section Officers are elected annually by members and serve on the Council, which oversees the Section’s operations in accordance with the State Bar’s Constitution and Bylaws. Upcoming In-Person CLEs • May 2025: Great Falls • June 2025: Billings • July 2025: Bozeman • August 2025: Kalispell (tentative) • September 12, 2025: Annual Meeting in Helena At most CLE events, we’ll also host a casual lunch or meet-and-greet. These gatherings are an excellent opportuni ty to network, offer your input on Section activities, and get to know fellow paralegals from across the state. The Annual

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PRO BONO CHRONICLES

Helena’s Order of Protection Project Shines a Light on the Value of Community-Based Pro Bono Partnerships SUBMITTED BY MORGAN DAKE (SENIOR PRO BONO COUNSEL FOR CROWLEY FLECK PLLP AND CO-CHAIR OF THE

JUSTICE INITIATIVES COMMITTEE) The magic ingredients necessary for a successful pro bono initiative can be hard to find. For a Helena-based Order of Protection Project that connects survivors of domestic violence to attorney volunteers, there are two magic ingredients: (1) The Friendship Center—a safe haven organiza tion that provides wrap around services to survivors; and (2) Mike Talia—a volun teer attorney coordinator who conducts a preliminary legal analysis before actively recruiting other attorney volunteers to rep resent survivors in court. While attending The Friendship Center’s (“TFC”) 2024 annual Hope Benefit Luncheon, Mike’s longtime interest in serv ing survivors of violent crime collided with the perfect opportunity. Mike left the lun cheon asking whether anyone was doing pro bono work to help survivors navigate the legal system. His law partner recalled that something similar may have existed in the past. That was it. Mike became determined to find a way to do more. Mike was put in touch with TFC’s Executive Director and, after just a few months, they got a program up and running. TFC is a community resource for ad dressing and preventing domestic violence, sexual assault, and stalking. It achieves its goals through advocacy, education, and outreach in Lewis and Clark, Broadwater, and Jefferson counties. In 2024 alone, TFC served 729 known individuals through 8,792 services and provided 16,948 nights of safe shelter for 190 people fleeing violence. Mike Talia is a shareholder with JMG Attorneys based in Helena. Mike’s practice focuses on real estate litigation, trust litigation, estate litigation, and entity (corporation, LLC, partnership) litigation. Prior to entering private practice, Mike worked in the public sector as an Army Judge Advocate where he saw firsthand the benefit of the military’s special victims’ counsel program. Today, the Order of Protection Project is simple in method but robust in effective ness: (1) TFC’s direct services advocates

identify clients who are seeking orders of protection under particularly complex or severe circumstances; (2) TFC helps the client fill out and file a petition for an order of protection; (3) TFC coordinates with Montana Legal Services Association (“MLSA”) to conduct a separate intake ap pointment for additional legal and conflict screening; (4) TFC sends the party informa tion, court pleadings, and hearing date to Mike; (5) Mike sends the court date to his listserv of volunteer attorneys, connects an available attorney to TFC staff, and notifies MLSA; (6) TFC connects the attorney to the client and continues to provide wraparound support to the client; (7) the attorney meets with and prepares the client for the hearing; (8) the attorney represents the client at the hearing and reports the outcome to MLSA; and finally, (9) the attorney withdraws, and TFC continues to provide wrap around services to the client. The program has been successful in se curing extended orders of protection but for Maggie Hanzel and Jaime Gabrielli, TFC’s Direct Services Advocates, the real value of the program is less about the success rate of the orders than the impact on survivors simply not being alone. The legal system, by its very nature, does not avail itself to a trauma-informed process. The client must face their abuser at a time when the prefron tal cortex is offline, when they are dys regulated, when their fear may be the most visceral. Everything about the system leans into the imbalance of power that comes with domestic abuse. Having an attorney gives the survivor added credibility, weight, strategic support, and a steady voice. Before the start of the Order of Protection Program, Maggie and Jaime committed substantial time trying to recruit attorneys for any given case, cold calling The real value of the program is less about the success rate of the orders than the impact on survi vors simply not being alone.

Morgan Dake serves as Crowley Fleck PLLP’s Senior Pro Bono Counsel. In this role, Morgan leads the firm’s pro bono program across its 11 offices. She works closely with the firm’s pro bono practice group to encour age and facilitate pro bono participation throughout the firm and to manage the firm’s relationship with legal aid providers and nonprofit organizations. In addition, Morgan regularly represents indi vidual pro bono clients on a wide variety of legal issues. Prior to assuming her cur rent role, Morgan worked as a senior deputy county at torney for Montana’s most populated county, where she prosecuted domestic violence and sex crimes. That work provided her valuable insight in serving survivors of family violence.

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support from firms. Law firms gain opportunities for their attorneys to engage in meaningful public service and en hance their practices. Mike—and many of the attorney volunteers—loves that while the cases come fast, they resolve quickly too. Lawyers can be busy and confined by their calendars, which tend to be oversubscribed. It’s easier to get pro bono volunteers when they know they are not signing up for a years-long dispute. “ Imagine how a survivor feels walking into court alone. Anyone with a law license is going to add value to the situation. ” — Mike Talia Mike recognizes some lawyers, especially those without a lot of courtroom experience, say this is intimidating, but it does not have to be. Imagine how a survivor feels walking into court alone. Anyone with a law license is going to add value to the situation. If you are in the Helena area and interested in getting involved, contact Mike. But then again, maybe think about how you can be like Mike. Do you have your own vision for aligning a passion of yours with a pro bono project that you can lead? Find a community partner, reach out to MLSA’s pro bono coordinator, and get started.

law offices or reaching out to known supporters. The time they save by sending a single email to Mike is redistributed directly back to the clients they are serving. The attorney volunteers deploy their specific skillset and services on navigating the legal system clearing the lane for Maggie and Jaime, expert advocates, to support the client throughout the process. Together, the complimented professionals create a safety-supported experience. Mike, like many of the attorney volunteers, had never handled an order of protection before starting the project. While he initially envisioned an advice clinic for survivors to inform them about their rights, it was the more urgent need for direct representation on orders of protection that became the quick and natural focus. The project started with Mike and others at his firm but soon grew. As he asked more volunteers, he continued to receive enthusiastic responses from local attorneys. Now, attorneys from several local firms, MLSA, and non-profit and government agencies volunteer their time. Pro bono partnerships between community organiza tions, law firms, in-house legal teams, and legal service organizations create a win-win situation for all involved, benefiting individuals, communities, and the legal profes sion. Legal service organizations benefit from stronger relationships, volunteer connections, and potential future

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UM Law Professor’s Work Vital to Modernizing Montana’s Commercial Code PHIL STEMPIN, UM News Service FOR YOUR REFERENCE

Governor Greg Gianforte recently signed Senate Bill 426 into law, marking a major overhaul of Montana’s Uniform Commercial Code. Professor Jonathon S. Byington of the University of Montana’s Alexander Blewett III School of Law played a key role in support ing and advancing the enactment of this 134-page bill. The new law modernizes Montana’s commercial laws to address digital assets such as cryptocurrency and updates important legal terminology. It also keeps Montana’s com mercial laws aligned with those of other states, which strengthens interstate business transactions. “This bill updates Montana’s commercial laws to facilitate commerce in the digital age,” Byington said. “It provides a legal framework that encourages technological inno vation, financing, and economic growth—benefiting both businesses and consumers in Montana.” Byington, the Steve and Jane Bahls Professor of Excellence and one of Montana’s Uniform Law Commissioners, has been closely involved in this legislative effort. A recog nized expert in commercial law, Byington authored an article in the Montana Law Review (84 Mont. L. Rev. 228) explaining why Montana’s commercial laws needed reform. He also provided input on the bill’s draft, prepared educational materials for lawmakers, testified before both Senate and House committees, and worked across multiple legislative sessions to support its passage. “The UCC amendments promote certainty, predictability, and fairness in commercial transactions,” Byington said. “By establishing clear default rules, the UCC helps parties negotiate and structure deals with confidence. At the same time, it protects less experi enced parties who choose to engage in commercial transactions.” “The UCC amendments promote certainty, predictability, and fairness in commercial transactions,” said Byington. “By establishing clear default rules, the UCC helps parties negotiate and structure deals with confidence. At the same time, it protects less experi enced parties who choose to engage in commercial transactions.”

Jonathon S. Byington is a commercial law expert and a professor at the University of Montana’s Alexander Blewett III School of Law. He is the Steve and Jane Bahls Professor of Excellence and serves as a commissioner for Montana on the Uniform Law Commission. His scholarship and leadership in advancing Senate Bill 426 reflect his dedication to keeping Montana’s legal frame work competitive and relevant in a fast-changing economic landscape.

Women’s Law Section CLE: October 10, 2025 Chico Hot Springs, Pray Montana Pending Approval for 6 hours of CLE credit, including 1 hour of ethics credit

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Justice Meets Algorithms: The Rise of Gen AI in Law Firms

SUBMITTED BY DR. GLEB TSIPURSKY

1. Competence (Model Rule 1.1): Lawyers are required to provide competent legal representation, which involves having the requisite legal knowledge, skill, and thorough preparation. When using Gen AI tools, this means under standing both the benefits and risks of the technology. A lawyer must possess sufficient technical competence to evalu ate whether a particular Gen AI tool is suitable for the task at hand and ensure it is used effectively. This includes verifying the accuracy of Gen AI outputs, as errors or fabricated cita tions—commonly referred to as "hallucinations"—can result in serious professional consequences. 2. Confidentiality (Model Rule 1.6): Gen AI systems often require inputting sensitive client information, which raises concerns about maintaining confidentiality. Model Rule 1.6 underscores a lawyer's duty to safeguard all client related information, regardless of its source. The rule em phasizes that attorneys must ensure the security of any data shared with Gen AI tools and, if there is a lack of protection that risks unauthorized disclosure, must not use such tools without the client's informed consent. Under Model Rule 1.4, lawyers have a fiduciary obligation to inform clients about important developments and to ‘reasonably consult’ with them about the means used to achieve their objectives. 3. Communication (Model Rule 1.4): Effective com munication with clients is central to ethical legal practice. Under Model Rule 1.4, lawyers have a fiduciary obligation to inform clients about important developments and to “rea sonably consult” with them about the means used to achieve their objectives. In the context of Gen AI, this might mean evaluation whether using the Gen AI tool materially impacts the achievement of client objectives, and if so, informing the client. 4. Fees (Model Rule 1.5): Lawyers must ensure their fees and expenses are reasonable. This extends to the use of Gen AI. If, for example, a lawyer uses a Gen AI tool to draft a document in significantly less time than it would take manually, the lawyer can charge for the time spent reviewing

However, this integration must be approached thoughtfully, adhering to ethical guidelines and being mindful of potential risks. Notable Misuses of Gen AI in Law In one notorious case, a New York attorney faced sanc tions after submitting a legal brief that cited non-existent cases generated by ChatGPT. The lawyer admitted to not verifying the authenticity of these citations, leading to a $5,000 fine and a mandate to inform affected clients about the misconduct. Similarly, a Texas lawyer was fined $2,000 for filing a doc ument containing fictitious citations produced by an AI tool. The court also required the attorney to complete a course on the ethical use of generative AI in legal settings. These cases underscore the ethical and professional risks associated with unverified reliance on Gen AI outputs. They highlight the necessity for attorneys to exercise due diligence and maintain human oversight when incorporating AI into their practice. Understanding the American Bar Association's Guidance on Gen AI in Law In July 2024, the American Bar Association (ABA) issued Formal Opinion 512, providing its first formal guidance on the use of Gen AI in legal practice. The opinion makes it clear that the ethical responsibilities outlined in the ABA Model Rules of Professional Conduct remain as relevant and en forceable as ever in the context of this emerging technology. This guidance emphasizes that lawyers must fully consider their ethical obligations to ensure Gen AI tools are used responsibly and in a manner that upholds the integrity of the legal profession. The ABA's Formal Opinion 512 highlights several key Model Rules that lawyers must heed when integrating Gen AI into their practice: Integrating generative artificial intelligence (Gen AI) into law firms presents a transforma tive opportunity to enhance efficiency, accuracy, and client service.

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and finalizing the document but, unless the client approves, not for the time spent learning how to operate the tool. However, with appropriate disclosure to the client, the law yer can, for example, charge a higher fee for more efficient work done using Gen AI, compared to the same work done without using Gen AI: in other words, clients getting higher ROI. The key is to keep the client informed and get the client’s approval if you plan to change your fees due to Gen AI. By providing this structured framework, the ABA reinforces that Gen AI is not a shortcut to bypass ethical diligence but a tool that, when used thoughtfully, can complement and enhance traditional legal practices . Formal Opinion 512 goes beyond merely restating ethi cal rules. It encourages lawyers to approach Gen AI with a blend of caution and innovation, recognizing the potential for technology to enhance efficiency and service delivery while safeguarding professional standards. Lawyers are re minded that their ultimate responsibility is to their clients, not the technology. As new Gen AI tools emerge, the ABA anticipates issuing further guidance to address specific tools and scenarios, ensuring the profession evolves responsibly alongside technological advancements. By providing this structured framework, the ABA reinforces that Gen AI is not a shortcut to bypass ethical diligence but a tool that, when used thoughtfully, can complement and enhance traditional legal practices. Assessing Firm Needs and Capabilities Before Gen AI enters into operations, a law firm must thoroughly evaluate current practices, staff readiness, and specific needs. I consulted for a mid-sized firm with just under 100 staff, and will share about this case study as a compelling example of how to leverage surveys and focus groups to build a data-driven integration strategy. The firm's findings revealed both significant enthusiasm and critical gaps in knowledge and preparedness, offering key insights into how Gen AI can be responsibly and effectively adopted. We adapted my standardized survey template for law firms on Gen AI to the needs of this firm, and then launched the survey. The customized survey revealed that 75% of attorneys viewed Gen AI as a tool with the potential to improve productivity and efficiency, and 55% expressed eagerness to adopt it actively. However, only 25% of the attorneys - no partners, just associates, mostly younger and more digitally savvy - were already using Gen AI, high lighting a substantial 50% gap between interest and usage. Among those who used Gen AI, its applications varied widely. Attorneys reported leveraging Gen AI primarily for drafting and summarizing legal documents, including motions, memos, and agreements. Additionally, some used it for preliminary legal research to identify potentially rel evant case law or to refine and improve the readability and conciseness of their written work.

Despite these benefits, the early adopters faced signifi cant challenges. They needed to learn how to fact-check Gen AI to catch fictitious citations or misrepresentations of case law. One attorney shared a detailed account of testing Gen AI for specific state-level legal queries, only to find that the citations provided were inaccurate to their state. This experience reinforced the need for rigorous human over sight when using Gen AI in legal work, particularly for tasks requiring precision and legal interpretation. The focus groups provided deeper insights into the concerns and expectations of staff. Junior attorneys voiced apprehension about how Gen AI might impact their profes sional development, particularly the opportunity to hone essential skills through traditional drafting and research tasks. Senior attorneys, meanwhile, expressed skepticism about the technology’s current limitations but acknowl edged its potential to reduce time spent on routine tasks. Across the board, employees emphasized a strong desire for comprehensive training, with 100% of non-partners in dicating interest in ethical and legal applications of Gen AI and over 90% expressing enthusiasm for practical training on integrating Gen AI into their workflows. These discussions also uncovered a clear demand for

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transparency and collaboration in the integration process. Attorneys were keen to understand how Gen AI would complement their roles without diminishing the value of their expertise. While 75% of respondents were optimistic about the potential efficiency gains, they were equally vocal about the importance of maintaining high professional standards. For instance, they advocated for policies ensuring that any outputs generated by Gen AI undergo careful review and refinement by human attorneys. The survey highlighted additional nuances in staff expecta tions and experiences. Attorneys who had experimented with Gen AI noted that it excelled in producing quick, rough drafts for standard documents, which could then be tailored to specific cases. However, they emphasized that its role should remain supportive rather than primary, with human judg ment steering its use. Interestingly, no significant difference was found between how Gen AI was used remotely versus in the office, demonstrating flexibility in its application. The findings also suggested broader institutional needs. While some attorneys praised Gen AI’s ability to handle routine tasks, others pointed out inefficiencies stemming from a lack of standardized best practices. This gap presents an op portunity for the firm to lead with clear policies and targeted training, ensuring that all staff can benefit equally from the technology. By conducting these surveys and focus groups, the firm identified critical areas for intervention, including the need for robust training programs, ethical guidelines, and strate gies to address staff concerns about role displacement. These insights laid the groundwork for a thoughtful, data-driven Gen AI integration strategy that aligned with both the firm’s operational goals and its commitment to professional excel lence. This case demonstrates that listening to employees and addressing their specific concerns and aspirations is a key step in successfully integrating transformative technologies like Gen AI. Training should address three core areas: tech nical functionality, ethical considerations, and workflow adaptation.

Providing Training and Education on Gen AI in Law Successful integration of Gen AI depends on the techni cal competence and ethical awareness of a firm’s employees. Training and education are therefore essential. Law firms should design programs tailored to different roles within the organization, ensuring that attorneys, paralegals, and administrative staff are equipped to use Gen AI responsibly and effectively. Training should address three core areas: technical functionality, ethical considerations, and workflow adaptation. Technical training should familiarize employees with the capabilities and limitations of the specific Gen AI tools being implemented. For example, they should learn how to interpret AI-generated outputs, refine prompts for improved results, and detect errors in the system’s responses. Ethical training should highlight issues such as confidentiality, bias, and the necessity of human oversight. Case studies—such as incidents where lawyers faced sanctions for unverified reliance on Gen AI—can underscore the importance of adhering to profes sional standards. Finally, training should demonstrate how Gen AI fits into existing workflows, clarifying how it comple ments traditional legal practices and enhances productivity. Ongoing education is also critical as Gen AI tools evolve. Firms should invest in regular workshops or online modules to keep employees updated on new features, industry devel opments, and best practices. This commitment to continuous learning ensures that the workforce remains competent and confident in leveraging Gen AI effectively. Developing clear policies around the use of Gen AI is critical to maintaining accountability and minimizing risks. Establishing Clear Policies and Oversight for Gen AI in Law Developing clear policies around the use of Gen AI is criti cal to maintaining accountability and minimizing risks. These policies should outline acceptable and unacceptable uses of Gen AI, ensuring consistency across the firm. For instance,

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guidelines might specify tasks where Gen AI is appropriate, such as drafting documents or conducting initial contract re views, while reserving certain functions for human oversight. Firms should also establish protocols requiring employees to verify the accuracy of Gen AI outputs before sharing them with clients or courts. A dedicated oversight team or com mittee can monitor compliance with these policies, assess the effectiveness of the Gen AI tools, and address any issues that arise. Furthermore, data use protocols should be implemented to ensure that sensitive information is handled securely and in compliance with ethical standards. By combining thorough assessments, robust security mea sures, comprehensive training, and clear policies, law firms can integrate Gen AI in a way that maximizes its benefits while mitigating potential risks. These foundational steps pave the way for a responsible and effective adoption of this trans formative technology. The integration of Gen AI raises significant concerns about data security and confidentiality, especially in a profession where client information must be safeguarded. Gen AI tools often require processing large volumes of sensitive data, which can introduce vulnerabilities if not properly managed. To address this, firms must implement robust security measures and thoroughly vet potential Gen AI vendors. Questions to consider during vendor evaluations include whether the system uses encryption to protect data, anonymizes client information, and has strict access controls to prevent unau thorized use. Firms should also explore options to process data locally rather than relying on cloud-based servers, which may present greater risks. In addition, internal protocols should clearly define how sensitive information is handled within Gen AI systems. For example, lawyers might be required to obtain explicit client consent before inputting case details into Gen AI tools. Regular audits of AI outputs and usage can further ensure that confidentiality is upheld. These proactive mea sures help maintain trust and compliance with both legal and ethical obligations. Case Study: Overcoming Gen AI Integration Challenges at a Mid-Sized Law Firm A mid-sized law firm with just over 150 staff members embarked on its journey to integrate Gen AI, drawn by its potential to streamline processes like document review, legal research, and client communication. Despite initial enthusi asm, the firm encountered significant challenges that threat ened the project's success. The firm’s Gen AI-powered document review system quickly drew criticism from junior associates, legal assistants, and paralegals who found the Gen AI's outputs rife with errors and lacking nuance. Instead of saving time, employ ees often had to correct mistakes, leading to frustration and Regular audits of AI outputs and usage can further ensure that confidentiality is upheld.

skepticism about the technology's value. Additionally, fears of job displacement fueled resistance. Although leadership emphasized Gen AI’s role as an assistant, many, particularly junior associates handling initial legal research, perceived the technology as a threat to their roles. To address these concerns, the firm brought me in as a consultant to help. I began by doing surveys and focus groups to assess concerns and priorities. Next, I organized work shops that clarified Gen AI's capabilities and limitations. We emphasized that Gen AI would manage repetitive tasks, freeing employees to engage in more complex legal work. Moreover, we underscored the irreplaceable value of human critical thinking, legal interpretation, and client relationships. As a result of these workshops, the firm saw a 30% improve ment in employee satisfaction scores related to the use of new technology. Despite these efforts, the integration faced another hurdle: organizational silos. For instance, the Gen AI system tasked with automating client onboarding required data from mul tiple departments, but a lack of collaboration led to delays and incomplete outputs. To overcome this, the firm established cross-functional teams to prioritize data sharing and col laboration. This structural adjustment streamlined workflows and enhanced the Gen AI’s performance, ultimately reducing onboarding time for new clients by 40%. Through education, structural changes, and persistent ef fort, the firm gradually shifted its culture to embrace Gen AI. Over a 12-month period, the firm reported a 25% reduction in time spent on document review and a 20% increase in overall productivity, at least for the clients who approved the use of Gen AI for their cases. By the end of the integration process, employees recognized Gen AI as not just a tool for efficiency but also a catalyst for innovation and strategic legal work. The journey illuminated that successful Gen AI adoption requires addressing technical issues, managing employee concerns, and fostering a culture of adaptability. Conclusion The integration of Gen AI into law firms offers immense potential for transforming operations, from enhancing effi ciency to fostering innovation. However, the journey requires thoughtful planning, adherence to ethical guidelines, and pro active management of organizational and employee challeng es. By learning from real-world experiences, like the mid-sized law firm that overcame skepticism and structural barriers, firms can unlock Gen AI's full potential while upholding the profession’s high standards. Dr. Gleb Tsipursky was named “Office Whisperer” by The New York Times for helping law firm leaders overcome frustrations with Generative AI. He serves as the CEO of the future-of-work consultancy Disaster Avoidance Experts. Dr. Gleb wrote seven best-selling books, including ChatGPT for Leaders and Content Creators: Unlocking the Potential of Generative AI.

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Application Form

LICENSED LAWYER IS NOW FREE Recently, the Board of Trustees decided to offer Licensed Lawyer, our new “Lawyer Referral and Information System” platform, free of charge. This service is a member benefit to any active attorney in good standing who maintains malpractice insurance. Beginning immediately, attorneys may sign up for this service by filling out the application form and providing proof of their malpractice insurance. “Licensed Lawyer, Montana” provides lawyers the opportunity to create their own independent attorney profile on a searchable public website that helps potential clients find you more efficiently. The State Bar of Montana has launched the new product with an online, statewide marketing campaign that has resulted in a large increase of traffic to the site. After we receive proof of your malpractice insurance, you will be sent a confirmation email, and will then be able to activate your Licensed Lawyer membership. When you log in to your online Member Dashboard on the State Bar of Montana website, you will see a tab for your Licensed Lawyer Profile. Supply the information there and potential clients will begin to see you in their search for legal needs.

We are excited to bring you this new member benefit, and we appreciate your continued support of the State Bar of Montana's Lawyer Referral and Information Service.

If you have any questions, please contact Ann Goldes-Sheahan at LRIS@montanabar.org or by phone at (406) 447-2201.

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