Latest / Coopers' Code / Lawyers Sanctioned for Fake AI Case Citations: This Month in Legal AI
Transcript
- 0:00Welcome to Cooper's Code, the AI show.
- 0:03I'm thrilled to be doing this monthly session with Shrod
- 0:07Millenfar and Marshall Poll. We're going to be talking about
- 0:10what's new in AI since the last time we had this episode.
- 0:13So with that and, and how much further, let's go ahead and kick
- 0:17it off. I wanted to turn it over to you,
- 0:19Marshall, because you were the one who initially surfaced the
- 0:24Sylvia Nolan V Land of the Free Second District case.
- 0:29I don't think there's a citation report yet, but the docket
- 0:32number is B331918 for anyone who wants to take a look.
- 0:35You want to just kind of dive in and and give us a little bit of
- 0:38background of of what happened here again.
- 0:41Sure. So, so the the case came to my
- 0:44attention, it was circulated by a professional group that I'm a
- 0:47board member of the Association of Southern California Defence
- 0:50Council, and I'm just going to read the quote.
- 0:55The quote is outstanding because it it just kind of send the
- 0:59message that people seem to still not quite learn.
- 1:02Right. And then we can talk about some
- 1:04craziness beyond that. But so here, here's what the
- 1:06Court of Appeals said, which is as follows.
- 1:10The quote, what sets this appeal apart and the reason we have
- 1:12elected to publish this opinion is that nearly all of the legal
- 1:16quotations in plaintiff's opening brief and many of the
- 1:19quotations in plaintiff's reply brief are fabricated.
- 1:23That is, the quotes plaintiff attributes to published cases do
- 1:26not appear in those cases or anywhere else.
- 1:29Further, many of the cases plaintiff sites do not discuss
- 1:33the topics for which they are cited, and a few of these cases
- 1:37do not exist at all. These fabricated legal
- 1:40authorities were created by generative artificial
- 1:43intelligence tools that plaintiff's counsel used to
- 1:46draft his appellate briefs. The AI tools create fake legal
- 1:50authority, sometimes referred to as AI hallucinations, that were
- 1:54undetected by plaintiff's counsel because he did not read
- 1:57the cases the AI tools cited. And then what the Court of
- 2:02Appeal did was it sanctioned $10,000 to be paid by the
- 2:07attorneys to the court. And the court did not impose the
- 2:10sanctions which would have been paid to opposing counsel or the
- 2:13opposing party's fees because the declaration was not filing
- 2:17file detailing those. But what it also did was it
- 2:19directed the clerk of the court to send the published decision
- 2:24to the State Bar for reporting. And I assume that those lawyers
- 2:29are in the process of getting into a fair amount of trouble.
- 2:33And so for me, what's just unbelievable is this court took
- 2:38an opinion that by all accounts would never have been published.
- 2:41There was nothing new about it, not a new issue of law, nothing
- 2:46undecided. They just published an opinion
- 2:50to show what this person did and how bad it is.
- 2:55And so now to my knowledge, this is the first published opinion
- 3:00where you've got a court basically chastising and
- 3:03sanctioning council for using fabricated and hallucinated AI
- 3:10cases, which obviously is something we've talked about
- 3:13here and what we were talking about a little offline.
- 3:17To me, it's just astonishing, despite all the articles that
- 3:22exist online and in print of lawyers doing this right,
- 3:26falling into this trap where perhaps earlier they may have
- 3:32been able to claim some sort of innocence by way of naivete, now
- 3:37it's everywhere. But yet these lawyers are still
- 3:39doing it. And I in in an arbitration I had
- 3:44our opposing counsel did it and he got burned.
- 3:46And I just find it fascinating that that the word has not
- 3:49reached all these lawyers to just not do this type of thing.
- 3:54It brings up something for me and and that is I am mindful
- 3:58that the people who we tend to associate with are people who
- 4:07tend to stay current. What I mean by that is, you
- 4:10know, Marshall, I met you at an ATC presentation, Gerard, we got
- 4:17each other the the greater legal community.
- 4:20I think actually I may have seen you presenting at what's new
- 4:23important trial. We were both attending, I think,
- 4:26but yes, that's where we met and that's what exactly what your
- 4:30point is. Exactly.
- 4:32So I think that there are a lot of lawyers, the type of lawyers
- 4:36who who listen to a podcast like this who stay current.
- 4:39I also think that there are a large number of lawyers who
- 4:45unfortunately probably become your clients at some point
- 4:47Marshall for the legal Mal defense or or State Bar issues
- 4:52that they're facing who don't do these kinds of things.
- 4:57And I've come across lawyers who don't even have an axe have a W
- 5:02law or any sort of whether it's Lexus W law or one of the other
- 5:07also Rams don't have access to that.
- 5:11And so while it is, I think, surprising at an appellate level
- 5:16for someone who could get so checked like this, I think we'll
- 5:20see more of it. Actually, I recently tried a
- 5:22case. My opposing counsel didn't own a
- 5:24cell phone. And you know, nicest guy in the
- 5:27world tried a great case, just a pleasure to deal with.
- 5:31But I just thought that that was fascinating to me, you know,
- 5:34because there were a couple. I learned it because the court
- 5:36was trying to reach him because he was late and we couldn't do
- 5:39it because he doesn't have a cell phone.
- 5:40And, you know, so I agree that there's just a lot of lawyers
- 5:44who, who don't have the access that we are privileged to have
- 5:48and, and have the, the professional networks that we
- 5:51all have that we think it's just commonplace.
- 5:53And I guess maybe I certainly take for granted the fact that
- 5:57it's so easy to find the stuff out 'cause that opinion was sent
- 6:00to me, you know, by an organization I'm involved with,
- 6:02you know, so easy for me to say, oh, it was right at my
- 6:05fingertips when I otherwise, you know, certainly would not have
- 6:08seen it absent being published in perhaps some other way or I
- 6:11might have missed it all together.
- 6:13So I mean I get. Well, and I'm not excusing a
- 6:17lack of knowledge, I think Sherrod, you're, you're the one
- 6:19who one of our presentations brought forward the duty of
- 6:22competence under the and and I don't have the the citation at
- 6:26at my fingertips, probably because I rule 1.1. 1.1 yeah.
- 6:31See, I lack the competence there, but but the idea that we
- 6:38are supposed to stay competent and yet at the same time when
- 6:41you're running a busy practice, it is challenging I think to
- 6:45stay on top of every single thing that is happening out
- 6:47there. Let me just pose this question.
- 6:50How many of us have heard the words?
- 6:53I'm not a technology person. This is a common retort by
- 7:00lawyers all the time. Well, I don't know about that.
- 7:03I'm not a technology person. Well, the rules require you to
- 7:07be a technology person. And how do you become a
- 7:11technology person is by checking things out, you know, trying
- 7:16things out and figuring out what what works best for your
- 7:20practice and your approach. You know, I've been trying cases
- 7:23using an iPad since 2014 and people would look at me like I
- 7:28was crazy when I would suggest that all we've done this with
- 7:31pen and paper. We use butcher paper in our
- 7:34trials. We don't do this fancy
- 7:36technology stuff. OK, great, you bring your
- 7:38butcher paper. I'll bring high resolution
- 7:40images on an iPad and let's see what the jurors pay attention
- 7:44to, right? But this is, I think, a constant
- 7:46battle in our field with people who either refuse to use the
- 7:52technology or rush in headlong and don't understand what
- 7:57they're doing without doing a little bit of due diligence
- 8:00because they want to just get it done and move to the next thing,
- 8:05but because they don't want to be bothered by it.
- 8:07I'm not sure which is more challenging, the ones who rush
- 8:11in and don't understand what they're doing or the ones who
- 8:14almost take pride in, in the Luddite approach.
- 8:17I will say I am somebody who likes butcher block.
- 8:20I I think switching them the modalities up in trial, I I'm
- 8:24not going to be on butcher block the whole time, but when you
- 8:27have an expert create something, you know, point by point in
- 8:31front of the jury and market, it may not go into the jury room.
- 8:35But when you reference that in closing argument, the jurors
- 8:37like, Oh, I saw that thing get built.
- 8:38So sometimes that can be, I think a useful tool, but it's
- 8:42got to be a tool in a toolbox, not not only thing you're going
- 8:47to. Yeah, I think it's like the
- 8:49fluidity like you say, I mean like you got to be able to do
- 8:52everything. And I think the people who are
- 8:53falling into these pitfalls of, of just using it and not
- 8:57checking it are the people who are like, yes, my job just got a
- 9:03lot easier, you know, And that's, I think the problem that
- 9:09that's existing. And I'm sure there's people
- 9:12doing it right now and briefs being filed and, and motions
- 9:16being filed right now that unfortunately are, are falling
- 9:20into this. And you know, I, I'm, I, I bet
- 9:24it also just, I'm totally speculating, but just runs the,
- 9:28the spectrum of first year lawyers to 55 years, 60 year
- 9:32lawyers. You know, it's because think
- 9:36people just look at it like they don't have it makes their life
- 9:39so much easier and they can do so much more.
- 9:42And the irony of it is, it does. And you can, it's just if you
- 9:47use it effectively and efficiently, it can be that much
- 9:52more useful than just going in headlong and then having to face
- 9:56something like, you know, these lawyers that in this appellate
- 9:59case. And look, we're all human.
- 10:02We all make mistakes. But looking at it, it was not
- 10:05only in the opening, but the reply brief.
- 10:08I mean, I can forgive the opening brief.
- 10:10You made a mistake that, you know, something got by.
- 10:13But also in the reply brief he just says I was mailing this
- 10:16thing in. And again, maybe I'm a little
- 10:20too paranoid, but mailing in an appeal is a pretty serious issue
- 10:24in my book. Yeah, the referees have a lot of
- 10:28power. They, it's not like we're
- 10:31sending this in to, you know, a corporate board that there's
- 10:36some memo that's got raw erroneous information and maybe,
- 10:40you know, someone gets a slap on the wrist, maybe someone gets
- 10:43fired. You know, this gets reported,
- 10:46there's monetary sanctions as we know, and then obviously State
- 10:49Bar issues that come into play. So it's there's real, real
- 10:53consequences with respect to the people who are overseeing what
- 10:56we're doing. Rightfully so going back to and,
- 11:00and, and there's the, whether it's the ABA or other NGS that
- 11:04have come out with model rules on how to engage with AII think
- 11:09that California Rules of Court also recently had one.
- 11:12I, I think I kind of boil it down to if you're signing it,
- 11:16you own it as a summary of, of what the rule is.
- 11:20And I know you, Sherrod and I believe you Marshall, also use
- 11:25some AI tools in assembly. So if somebody here who is, is
- 11:30thinking of using AI but is not sure how to do the best quality
- 11:35assurance on the, if you, if you sign it, you own it front.
- 11:38What methods do you have to double check things to make sure
- 11:42that what's going out actually is what it purports to be?
- 11:48So miles before we jump into that, it is the Rural
- 11:52Professional Conduct 1.1 and it's footnote one that talks
- 11:57about technology. You're going to get our our
- 12:00ethics credit for for the MCLE for this episode with all your
- 12:03navigations. Nothing brings viewers like
- 12:07citing the rules of professional conduct.
- 12:11You'll see the uptick in this moment of the of the.
- 12:15Podcast. I mean one thing I have started
- 12:18to do for other firms and I recommended that they do this in
- 12:23in seminars that I give, is to create a policy within the firm.
- 12:27Of. If you're going to allow it and
- 12:30if so, when it's going to be used, who can use it and how it
- 12:33can be used. So that way at least if
- 12:36something does happen, right, If you have a larger firm and you
- 12:39have newer associates, unless you block specific sites, which
- 12:42obviously you can do, but they can easily access them from
- 12:45personal computers. So but, and again, I don't think
- 12:49and I blocking and not using a is I don't think that's the
- 12:52right approach here. So I think it's using it, but
- 12:55clearly identifying again how and when it can be used so that
- 13:00at least you have that framework so everyone understands.
- 13:03And then from there it's training, right?
- 13:05You've got to train if you're, if you're having younger
- 13:08associates do it, you got to train them on what they can do
- 13:12and how they can do it and who they can provide the information
- 13:15to and then confirm that it's been checked etcetera.
- 13:18So if you use that as the starting point, as I've
- 13:21recommended and I've, and I've reviewed a lot of firms policies
- 13:25and there's firms approach it very different ways.
- 13:28And I appreciate the differences and concerns that each and every
- 13:31one of them have 'cause they dramatically differ from
- 13:34practice type to size of firm to age of the lawyers.
- 13:37You know, they're, they're all different concerns.
- 13:40And so they address them. There's no one-size-fits-all
- 13:43policy. And so from there, I think that
- 13:45you can add value for your clients.
- 13:48And I mean, I have on my other screen right now all day, I
- 13:51probably got 15 Westlaw tabs open and then three different AI
- 13:55platforms open because I'm bouncing back and forth between
- 13:58themes of a case I got coming up for trial and then legal issues.
- 14:02And then once I get them through Westlaw, I'm plugging them into
- 14:05AI to, to get to get additional information and sort of
- 14:08streamline arguments. And so I'm just constantly going
- 14:11back and forth, which is amazing.
- 14:13And if I was just using Westlaw, I would not be as efficient as I
- 14:19have been today with respect to the work that I'm providing on
- 14:23behalf of my client. And nothing I've done is going
- 14:27to result in a fabricated legal issue.
- 14:31I'm not, I'm not submitting anything to the court.
- 14:33Everything I'm doing is for my own information and but nothing
- 14:36is incorrect because it's all BeenVerified and I'm doing it
- 14:41diligently. If I was, you know, just on
- 14:43Westlaw, that's a little old fashioned.
- 14:45You know, I think I'm hampering my efforts if I'm just on AI but
- 14:49think I'm a little too risky. So that's literally my screen
- 14:52right here is what's I'm looking at.
- 14:54I mean, obviously having a policy now we've had some new
- 14:58people that are come that have come on board.
- 15:00So we're working on a written policy because you know, my
- 15:03approach was to talk directly to our folks about what to do and
- 15:07what not to do. So we're having to change that a
- 15:09little bit at this point. But having a policy I think is a
- 15:13great idea. Also, knowing what tools to use
- 15:17for what task, because if you're looking for case law citation,
- 15:24right, maybe going to Chad GBT or Claude is not the best
- 15:29approach. Maybe you want to go to Westlaw
- 15:31and get that silo to do the work for you.
- 15:36Or if you get something from Chad GBT, take that citation and
- 15:41dump it into Westlaw and see, all right, is this a legitimate
- 15:44citation? I've actually done this with
- 15:46discovery responses that we got and said, well, give me the
- 15:50strength and weaknesses and tell me whether or not there is any
- 15:53case law that supports this. And to my surprise, Claude was
- 15:58able to give me a research memo and he gave me 3 cases on a
- 16:03premises liability case. I knew two of them, so that was
- 16:06encouraging. The third one I wasn't from
- 16:09unfamiliar with. So I took it and I put it in
- 16:11Westlaw and vetted it and it was a legitimate.
- 16:16So that's the way you look at it as opposed to saying, oh, here
- 16:20are three cases. That third case could very well
- 16:22have been a hallucination and it could have gotten by me if I
- 16:26hadn't taken that extra step. So what Marshall is doing is, is
- 16:30spot on in terms of making sure that you're using different
- 16:35platforms to vet the work and the information that you're
- 16:39getting. And having talked to some folks
- 16:41who work in AI, that's exactly what they say that they do in
- 16:46their approach is not just take wholesale with what somebody
- 16:49says, just like if we talked about a case, maybe I'll run it
- 16:52by another attorney just to see what the other point of view is.
- 16:56It's really not that different. But the reality of it is, from
- 17:00our point of view, if we're looking at all this stuff and
- 17:04we're saying this is great, you can't have the expectation that
- 17:09when you put the information in there that the end product is
- 17:11going to be perfect. And I think that's what's
- 17:14getting people into trouble is not remembering dial up right
- 17:19when you had to connect to the Internet.
- 17:21Now, if that web page doesn't load within a millisecond,
- 17:24you're going, my God, why is it so slow?
- 17:27When in reality, if you go back to when dial up was a thing, it
- 17:32really was not something where we would sit there and be like,
- 17:35oh, it didn't load in a millisecond.
- 17:37You know, it may take a minute for it to load.
- 17:39So now we just have to readjust our expectations and, you know,
- 17:43fight our own lazy tendencies. I don't think it's made me do
- 17:47anything faster. I don't think I have speed up
- 17:50the would I having implemented AI tools that I use, I'm not a
- 17:55completing a task quicker. What I'm doing is it's, I think
- 17:59it's expanding my thought process and how I approach
- 18:02things and allowing me to sort of open up a whole new Ave. of
- 18:06allowing me to think about different things and synthesize
- 18:10those thoughts in a different way.
- 18:13So I don't think like today, what I've been working on.
- 18:15If I didn't have AII, don't think it would have taken me
- 18:19longer. I think I've just been able to
- 18:21look at more things and just tackle different issues than I
- 18:28otherwise may have not thought, maybe have not thought of.
- 18:30So it's sort of open more doors for me.
- 18:33So I'm, I mean, I suppose I'm I'm looking at more information
- 18:38in perhaps the same amount of time, but it's not like I'm
- 18:40sitting here being like, oh, now I because of AII accomplished
- 18:44the task in one hour when it would have taken me otherwise 3
- 18:47hours. I'm still spending all day on
- 18:49what I've been doing. It's just another way of adding
- 18:53a value. But that's the difference
- 18:56between your mentality of seeing this as a tool to enhance your
- 19:01abilities, your skills and training as opposed to using it
- 19:05as a crutch so that you can go sit on your porch and have a
- 19:08drink at the end of the day, right?
- 19:11So there there is that approach because you're looking at it as
- 19:16something that, hey, this can make me better as opposed to,
- 19:19well, this can just get me to get away from this and not have
- 19:24to deal with it. I would say your your two
- 19:26approaches are very different from mine.
- 19:27I I got 3 appellate briefs done this morning and and spend the
- 19:30rest of the day surfing. And, you know, I think that's
- 19:35amazing. And I hope the.
- 19:38Waves were great, but Miles, there's a lot of firms who are
- 19:43doing that. And we probably touched on this,
- 19:45but you know, on the plaintiff side, you, you don't get paid by
- 19:49the hour. And so there's the incentive to
- 19:52do that. And I think that that is
- 19:55dangerous. There's less of an incentive for
- 19:58me to do it even if I wanted. But on your side, you know, the
- 20:01more time you spend on your case, the return on that
- 20:04investment just goes down, down, down.
- 20:07So I I just think on the play of side there's a lot more appetite
- 20:12to just have it be done so you can be on the beach surfing.
- 20:16Each side, whether you're a billable hour or a contingent
- 20:19fee, there's a pro and a con to the approach and there is a
- 20:23subconscious bias that you need to, I think of that on the
- 20:27contingent fee side. We, we, we make sure, as I'm
- 20:30sure Sharad, you do with, with your clients and, and, and the
- 20:35people that you work with. We don't care if it's 10 hours
- 20:38or you know, thousands of hours into a case, the the case is
- 20:42going to get the same attention. And some of them we make more
- 20:46per hour and some of them we make less than minimum wage.
- 20:50And such is life. And in the long run, it all
- 20:52leaves out. That's an important point in the
- 20:56sense that the model that your firm runs and my firm runs is
- 21:01very different than volume firms who are just churning cases in
- 21:06and out. And that same case is being
- 21:08settled for a fraction of the amount that you or I can get for
- 21:12the same client. So the incentive for those firms
- 21:16may be very different in terms of, all right, let's just get it
- 21:19in, get it out, get a demand letter, whatever they want to
- 21:22throw at us. Maybe we'll take as opposed to.
- 21:25No, I'm going to work this up and get a better result for the
- 21:29client. There clearly are and I've
- 21:31spoken to some people who have done what you jokingly said,
- 21:36Miles, which was create a brief in 20 minutes and gone to the
- 21:40beach and gone surfing and guess what?
- 21:42The brief was perfectly fine. It's not to say that every time
- 21:46you do do this, you're going to get fabricated and hallucinated
- 21:49cases if it's a pretty straightforward issue.
- 21:52And certainly if you know the cases that once you see them,
- 21:55right, which it's happened to me a lot of times, Sherrod, you
- 21:58just mentioned you do two of those cases, boom, you're done.
- 22:01And so it can be really helpful. And I'm sure hundreds and
- 22:06hundreds of briefs have been filed based upon just 100% AI
- 22:12generated with accurate case law and very thoughtful and thorough
- 22:17analysis and probably have prevailed.
- 22:19And those lawyers are sitting on the beach with a big smile on
- 22:23their face. And that's great.
- 22:25I don't, I think it's, you know, risky, but if they did it
- 22:29responsibly, I'm not going to sit here and say that you
- 22:32shouldn't have done that because they know No, Marshall, I, I
- 22:38knew the cases, the analysis was good.
- 22:40I checked it and I was out of there.
- 22:42Good for you. That is what AI can offer.
- 22:46But that lawyer is a very intelligent lawyer and still
- 22:52being responsible because he has a he or she have a has a deep
- 22:55knowledge of the law and their particular field.
- 22:59You're enjoying what we're doing here with Coopers Code.
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- 23:12dot law. I'm going to pivot now to
- 23:18Sharad. You submitted for our discussion
- 23:21Nvidia's $100 billion investment in Open AI.
- 23:25And I thought this was going One Direction.
- 23:27And then you, you clarified for me it's utility in another way.
- 23:31So do you, do you mind unpacking that for us?
- 23:34Sure. So in the last week and 1/2 or
- 23:37so, we've seen NVIDIA announced that it's investing $100 billion
- 23:42with AB into Oakland AI. Microsoft's investment in open
- 23:48AI is reported to have gone from 13 billion in value in terms of
- 23:53what they invested is now worth $150 billion.
- 23:57And we've seen Larry Ellison's net worth in one day jump by
- 24:01$100 billion. So a lot of defense firms and
- 24:07insurance carriers are complaining, right, about these
- 24:11nuclear and thermonuclear verdicts.
- 24:14This is ridiculous. Why is this happening?
- 24:17Well, when we look at this, if the jurors are exposed to these
- 24:21kinds of numbers and seeing the kind of money that's being
- 24:25thrown around, when a plaintiff stands up and says, hey, award
- 24:30my client 30 or $40 million, the jurors psychologically, in my
- 24:35opinion, are not seeing those numbers be as large as they
- 24:39would have been thought to be in the 80s or 70s or or 90s.
- 24:46So it is a very different dynamic and atmosphere.
- 24:49And there was a, you know, sex abuse case in Los Angeles where
- 24:52the jury awarded $114 million in that case just recently.
- 24:58So when you see those numbers as a defense firm, you have to ask
- 25:02yourself, all right, when I'm sitting there saying no, this
- 25:05case is not worth anything, that the medicals are not there.
- 25:09The real risk is that if the jury is willing to award large
- 25:14numbers on non economic damages, it could end up being a massive
- 25:18verdict, which is what we were seeing significant increase
- 25:22since 2020 in those cases. Sherrod, I fully expect that the
- 25:27next opposing counsel who you go to trial against, who is doing
- 25:30their due diligence will be filing a motion lemonade on
- 25:33referencing NVIDIA and open AI and investments.
- 25:36And reptile and reptile of. Course, yeah, No, no
- 25:39reptilement. That you guys don't even know
- 25:41what that is. You've never heard of reptile?
- 25:43I would love. I love getting the opposition to
- 25:46that MILI don't even know what that is.
- 25:48You know, I, I, I will. This is a little bit of a
- 25:51tangent, but the last time we opposed it, we acknowledged its
- 25:54existence and said that that that is so far back in the
- 25:57iterations of development that is now referred to as the
- 25:59dinosaur theory. We've got our new things so.
- 26:02I'll bet if I look hard enough at the books behind you, Miles I
- 26:05they might see the reptile theory book somewhere.
- 26:09Yeah. I don't actually have that one,
- 26:14so I think the only one you can really make out is Dune, which I
- 26:19do not use for for legal argument very often.
- 26:23But you have a copy. I didn't have to go far.
- 26:28Yeah, well played, well played. Joking aside, do you have
- 26:33thoughts on on that as in terms of dealing with it on the other
- 26:37side? Because I know that some of the
- 26:39some of the work that you do is defence and some of it is
- 26:43defence where people are asking for money.
- 26:45If someone were to use that as an argument for gosh, it's not a
- 26:51lot of money, just look at this out of the other.
- 26:55I think that these types of analogies are pretty commonplace
- 27:01whether you you know people show jet airplane, you know fighter
- 27:06airplanes, the Monet right from your classic cases in in closing
- 27:10argument to anchor these jurors is nothing new.
- 27:14I think the difference, what is new is the dollar figure and the
- 27:20numbness that we have to big numbers with, with not just
- 27:26Larry Ellison, with all those super, super wealthy people.
- 27:30And also I think with social media and the ability to see how
- 27:34they live and how it looks so easy to get a big yacht and get
- 27:40a few jets. And so I think from a societal
- 27:44standpoint, jurors don't view those numbers as, Oh my gosh,
- 27:49they're huge. Like you said, mentioned the
- 27:51$114 million verdict last week or the week before in LA
- 27:54Superior Court. I mean, that lawyers gotten a
- 27:57few of those to my knowledge. So he knows how to do it and
- 28:01good for him. I just think it's more a
- 28:06numbness that we that that that everyday people have to those
- 28:09big numbers and the willing to understand that injuries can and
- 28:15perhaps should result in reward of a of a substantial number
- 28:20like that. I think it's on the defense side
- 28:22and I'm I'm 95% of the time on the defense side.
- 28:26It's our job to be as creative as the plaintiff side is in
- 28:31coming up with ways to, you know, negate all that.
- 28:36You know, with the fighter jet example, I always laughed
- 28:38because if the fighter pilot who died, who was in that jet died,
- 28:44the federal government has a set limit on what that person's life
- 28:47is worth. And it's not a lot of money.
- 28:49And so anytime that reference has been made, it certainly
- 28:54opens the door to say that. I think at the time, last time I
- 28:57remember bring it up, it was like $180,000 or something that
- 29:01the family got. And so, you know, when you're
- 29:05valuing a life, well, the federal government certainly
- 29:08values it and it's not a 7 figure number.
- 29:11So it's things like that that keep it fun and entertaining.
- 29:14It's. Chess, not checkers.
- 29:18Yeah. Well, switching gears a little
- 29:21bit, I, I did want to bring forward, I was playing around
- 29:25with Claude over the past. I think it's been within the
- 29:27past two weeks that a couple of new things got unlocked.
- 29:31And one is that Claude, if you, if you toggle a button, can now
- 29:37access all ones past chats. And it used to be Claude could
- 29:41only work in the chat that you add in the moment.
- 29:44But now if you have a, a subscription, it can look at all
- 29:48the prior chats and use that to inform it's discussions going
- 29:52forward. And the second one is it's apps.
- 29:57It can interface with apps and create Word and Excel files.
- 30:00And the third that just showed up I think on Friday was it can
- 30:03schedule, meaning it can, if you allow it, it can access your
- 30:07calendar and add to your schedule, but it can't delete.
- 30:12So if it adds something, it can't delete it and it can't
- 30:15move things. I bring these forward in in part
- 30:19because this is a long entry to to our conversation.
- 30:23But it seems like just two months ago that Anthropic was
- 30:29talking about a research exercise that it did in a
- 30:35sandboxed environment where it allowed an AI to go into a
- 30:40sandboxed environment, work in the server where there was
- 30:44information in various emails about.
- 30:46And I'm going to overly simplify this, but in essence, one of the
- 30:49people who had the power to pull the plug on the AI, the IT
- 30:54person had emails that indicated that he was having an affair.
- 30:59And in that study, the AI threatened to blackmail the IT
- 31:04person if the IT person shut it down.
- 31:06So, but my springboard here is, I find it interesting that these
- 31:12were issues a couple months ago and now it's starting to make
- 31:15its foray out into the world. So that's a springboard for you,
- 31:18Sherrod Marshall, in terms of are you using these tools?
- 31:22What do you think about them? Do you recommend people play
- 31:25with them not and go? So I'm only allowing the chatbot
- 31:29to blackmail my hologram. So that's one safeguard.
- 31:35The other piece of it is that when you look at these things,
- 31:39the chats are supposed to be, if you have the premiums version
- 31:43are supposed to be in their own silo.
- 31:45So it's if it's accessing it. And I believe the last time I
- 31:48looked, when you delete a chat from Anthropic, it basically
- 31:53gets deleted out of their system within 30 days of you hitting
- 31:57delete. So unless they've changed that
- 32:00policy, and I'm not sure if they have, that was the policy before
- 32:05and now they have it so that it can generate Word and Excel
- 32:09documents. And I have not used that feature
- 32:12yet. And frankly, at this point, I'm
- 32:14not inclined to give anybody access to my calendar.
- 32:17So that hasn't been an been an issue.
- 32:20But the Word and Excel documents seem to be useful because before
- 32:25when you would download the chat, if you asked it to
- 32:29generate something, it would be in a format that basically you
- 32:33had to play with in order to open.
- 32:35And it had all these weird codes in it.
- 32:37And now I think they're trying to solve that issue.
- 32:41For me, it's playing with each of them.
- 32:45I agree with regarding the calendar issue.
- 32:46Some things I like to wait a little bit until I'm just going
- 32:49to give access to my Outlook, which is for me by far and most
- 32:53the most important program I use is Outlook.
- 32:58But I think it's trying all these different things out and
- 33:03trying them in different ways. I also agree regarding like the
- 33:07Word and Excel files. I've noticed when I've tried to
- 33:10migrate things from Word to Excel, there's sometimes it's,
- 33:13it's not quite seamless or as seamless as I want it to be.
- 33:17And I think it's just getting better and better as you go to
- 33:21do that. As far as saving chats, that's
- 33:24not some, I, I generally have looked at it starting fresh each
- 33:29time. I haven't had sort of this
- 33:30continuing and ongoing conversation really day by day,
- 33:34but I think that that's super helpful because you can just
- 33:39build on it. And I really like calling it a
- 33:41conversation because you can get tired and you can say, let's
- 33:45pick this up tomorrow where we left off and you can just do it.
- 33:49And it remembers exactly all the points that you were discussed,
- 33:54all the nuances, and you can just keep going from there.
- 33:58So it's just really just as such a great extension in the human
- 34:02perspective and how we interact without the memory lapse of real
- 34:08life humans that's going to occur.
- 34:11One other thing to keep in mind is that Copilot, if you're use
- 34:14Outlook, there's now a button at the top right corner that says
- 34:18Copilot and you can use that and then it gives you the other.
- 34:23They have options like prompt coach, writing coach, idea
- 34:27coach, career coach, learning coach.
- 34:30So those are all things that are being rolled out and I haven't
- 34:33had a chance to look at them in any detail, but they're now
- 34:37putting copilot into our outlook, which could or could
- 34:42not be problematic depending on, you know, how you look at it.
- 34:45But that's another thing that's coming out.
- 34:48And I know W Law's Co counsel also has a plug in that you
- 34:52could put in where it can help with e-mail writing and that
- 34:56sort of thing as well. Full honesty, I just clicked the
- 35:00copilot button for the first time.
- 35:02I was. I'm sitting right here.
- 35:03A little bit with Copilot and one of the things, if you have a
- 35:07large body of, of e-mail communication, it will start
- 35:11trying to mimic you and offer drafts in your style.
- 35:15So, but it's, it's still, it looks like it's pretending to be
- 35:21you instead of being you. If you if you read the content,
- 35:24I feel like I'm still pretending to just be me.
- 35:26So. Probably pretty good so far
- 35:30you've. Been doing a very good job and,
- 35:32and the conclusion of this, we'll, we'll tell everyone that
- 35:34this entire podcast is actually Google LM using our avatars,
- 35:38right? Well, I I'm pretty sure you have
- 35:40a claim. Against them because the voice
- 35:42is remarkably similar to yours. So maybe that's an angle that we
- 35:46could take. Maybe I should be looking to
- 35:48somebody for IP? Representation as far as I would
- 35:51say on the. Copilot side and and.
- 35:53This is something that I, I would, I would hope to see and,
- 35:55and maybe there are people who've played around this with
- 35:57this more. My schedule was always a game of
- 35:59Tetris. And so if, if copilot reached
- 36:03the point where it could start suggesting time blocks and
- 36:07moving things around and getting to know my schedule and offer
- 36:09improvements on how I do my work, that would be, that would
- 36:13be huge. I think that would be amazing.
- 36:16Just to see how you can be more efficient with managing your
- 36:20inbox and, and things like that. It's that's a whole area for.
- 36:26Me, that would be such. A stress reliever because for me
- 36:30it's, it's the emails in the night and things like that that
- 36:34are that keep me up and, and scheduling and remembering if
- 36:37you did things. And I'm sure there are so many
- 36:40gaps in my efficiency, even with assistance and things, physical
- 36:45human assistance and things like that.
- 36:48So I'm going to dive into this and report back for next
- 36:51episode. Well, I know, Sharad.
- 36:55We're going to talk about Google Notebook, but I think I think
- 36:58we're getting close on as far as time for our our recording
- 37:01window for this. So I think we'll put a pin in
- 37:03that, save it for next time, tease a little bit in terms of
- 37:07of that for anyone who's. Listening.
- 37:11If you have found some cool new stuff want to share, drop it in
- 37:15the comments, send us an e-mail at podcast at Coopers dot Law.
- 37:19And as always, for all of you doing justice out there, happy
- 37:23hunting.