Latest / Weekly Docket / Golfer Arrested Before Championship, Graceland's Foreclosure Drama, Will Contest Tips, and AI Overhyped

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Golfer Arrested Before Championship, Graceland's Foreclosure Drama, Will Contest Tips, and AI Overhyped · Weekly Docket

• 0:04
  philip-silberman_4_05-24-2024_104544: Welcome to the Silberman Law Firm's Weekly Docket Episode 19, where we talk legal news and practical law.
• 0:10
  philip-silberman_4_05-24-2024_104544: Today is May 24th, 2024, and I'm Phil Silberman, your host and owner of the firm.
• 0:16
  philip-silberman_4_05-24-2024_104544: I'm joined by Austin Black, my co host who works in our Dallas office.
• 0:20
  philip-silberman_4_05-24-2024_104544: How are you doing today, Austin?
• 0:21
  austin_4_05-24-2024_104539: Doing just fine.
• 0:22
  austin_4_05-24-2024_104539: How about yourself?
• 0:23
  austin_4_05-24-2024_104539: Oh,
• 0:25
  philip-silberman_4_05-24-2024_104544: I want to wish everybody a happy Memorial Day weekend.
• 0:29
  philip-silberman_4_05-24-2024_104544: we also have a redaction from our previous show.
• 0:32
  philip-silberman_4_05-24-2024_104544: If you remember Austin, we were talking about the Minnesota Timberwolves and the phenomenal run that they've been on.
• 0:39
  philip-silberman_4_05-24-2024_104544: we happened to mention that the Minnesota Timberwolves had never made it out of the first round.
• 0:44
  philip-silberman_4_05-24-2024_104544: That's actually untrue.
• 0:46
  philip-silberman_4_05-24-2024_104544: We've, we have since been told that the T wolves in fact did go all the way to the Western conference finals.
• 0:54
  philip-silberman_4_05-24-2024_104544: In the 2003, 2004 season and update, the T wolves are back in the Western Conference finals, alright.
• 1:03
  philip-silberman_4_05-24-2024_104544: What's on our docket today, Austin?
• 1:05
  austin_4_05-24-2024_104539: we're gonna be talking first off about the world's top golfer, getting arrested right before the PGA Championship.
• 1:12
  philip-silberman_4_05-24-2024_104544: Scottie Scheffler.
• 1:13
  austin_4_05-24-2024_104539: and then we will be talking about a little bit of a kerfuffle that Elvis is a state had this week, where Graceland, hold Elvis had went up for foreclosure sale, not great for, Elvis fans, we'll be moving on to our legal questions section, and we will be focusing on what makes a goodwill contest case.
• 1:36
  austin_4_05-24-2024_104539: then on to our rants and raves section where we talk about Some people's opinions on AI being overblown In some ways and then maybe hopes or what it could do in the future But mostly just ranting about how people this conception of what AI can actually do isn't really close to what it is doing at the moment
• 1:53
  philip-silberman_4_05-24-2024_104544: Alright, so we've got golf, Elvis, will contests, and AI.
• 1:59
  philip-silberman_4_05-24-2024_104544: if we were to add strippers to that it'd be a good weekend in Vegas.
• 2:02
  austin_4_05-24-2024_104539: I'll take your word for that.
• 2:03
  philip-silberman_4_05-24-2024_104544: All right, let's go ahead and get started with our legal news section today.
• 2:07
  philip-silberman_4_05-24-2024_104544: We've got the world's top golfer, Scotty Scheffler, was arrested at the PGA Championship, over some driving issues, essentially.
• 2:18
  philip-silberman_4_05-24-2024_104544: Scotty is on the way for his tea time to tee off and get his practice in before his tea time in Louisville, Kentucky.
• 2:26
  philip-silberman_4_05-24-2024_104544: I think the name of the golf club is the Valhalla Golf Club, And there's a tragic accident.
• 2:32
  philip-silberman_4_05-24-2024_104544: Okay.
• 2:32
  philip-silberman_4_05-24-2024_104544: I think it's raining.
• 2:33
  philip-silberman_4_05-24-2024_104544: It's dark.
• 2:34
  philip-silberman_4_05-24-2024_104544: One of the fans was hit by a shuttle bus and died.
• 2:39
  philip-silberman_4_05-24-2024_104544: So there was a fatality.
• 2:40
  philip-silberman_4_05-24-2024_104544: The police.
• 2:41
  philip-silberman_4_05-24-2024_104544: Shut down the road.
• 2:43
  philip-silberman_4_05-24-2024_104544: So terrible accident.
• 2:45
  philip-silberman_4_05-24-2024_104544: And Scotty's trying to get into the country club so he can play.
• 2:50
  philip-silberman_4_05-24-2024_104544: So I think what Mr.
• 2:51
  philip-silberman_4_05-24-2024_104544: Scheffler does is he basically drives on the median, I think, maybe through the grass, Cause he's like, I've got a tee time.
• 2:59
  philip-silberman_4_05-24-2024_104544: I'm an important guy.
• 3:00
  philip-silberman_4_05-24-2024_104544: I'm the world's number one golfer in the world.
• 3:02
  philip-silberman_4_05-24-2024_104544: You just don't get to stop me.
• 3:05
  philip-silberman_4_05-24-2024_104544: When this fan has died, so he tries to drive around and this cop, stops him and he allegedly just doesn't follow the officer's instructions.
• 3:17
  philip-silberman_4_05-24-2024_104544: And I read one article where the cop was so dedicated to his work that, the cop actually, the word in the article was attached himself to Mr.
• 3:27
  philip-silberman_4_05-24-2024_104544: Scheffler's car.
• 3:29
  philip-silberman_4_05-24-2024_104544: And as a result, I think the police officer became injured.
• 3:32
  philip-silberman_4_05-24-2024_104544: And I don't know, cause if Scottie's kept driving or, drag dragging the officer and the guy's like hanging on, like you will stop.
• 3:40
  philip-silberman_4_05-24-2024_104544: I'm a police officer.
• 3:41
  philip-silberman_4_05-24-2024_104544: And maybe he just.
• 3:42
  philip-silberman_4_05-24-2024_104544: Falls off at some point.
• 3:43
  philip-silberman_4_05-24-2024_104544: I don't know, but Scotty goes all the way into the country club, begins to prepare for his golf outing that day.
• 3:50
  philip-silberman_4_05-24-2024_104544: And they come into the club and they get them, they arrest them.
• 3:53
  philip-silberman_4_05-24-2024_104544: They book them at seven 30 in the morning and then they release them at eight 40.
• 3:57
  philip-silberman_4_05-24-2024_104544: He goes and finishes, his round.
• 4:01
  philip-silberman_4_05-24-2024_104544: And he ends up finishing eight for the tournament, which pretty good showing.
• 4:05
  austin_4_05-24-2024_104539: him, and they released him without bail, right?
• 4:07
  philip-silberman_4_05-24-2024_104544: Yes.
• 4:07
  philip-silberman_4_05-24-2024_104544: No bells.
• 4:08
  austin_4_05-24-2024_104539: him, yeah.
• 4:09
  philip-silberman_4_05-24-2024_104544: Yeah, and I'm not sure.
• 4:11
  austin_4_05-24-2024_104539: Is he still getting charged?
• 4:13
  philip-silberman_4_05-24-2024_104544: here's the criminal charges.
• 4:14
  philip-silberman_4_05-24-2024_104544: He's facing second degree assault of a police officer, third degree criminal mischief and reckless driving.
• 4:22
  philip-silberman_4_05-24-2024_104544: So in state of Kentucky?
• 4:24
  philip-silberman_4_05-24-2024_104544: What's the relevant portion of let's start with second degree assault of a police officer.
• 4:28
  austin_4_05-24-2024_104539: so for second degree assault of a police officer, you have to cause serious physical injury to another person by means of a deadly weapon or a dangerous instrument.
• 4:39
  austin_4_05-24-2024_104539: So a car would fall into that category.
• 4:42
  austin_4_05-24-2024_104539: and assault in the second degree is a class C felony.
• 4:44
  philip-silberman_4_05-24-2024_104544: All right.
• 4:45
  philip-silberman_4_05-24-2024_104544: And what's the standard there?
• 4:46
  philip-silberman_4_05-24-2024_104544: Is it intentional?
• 4:47
  philip-silberman_4_05-24-2024_104544: Is it reckless
• 4:48
  austin_4_05-24-2024_104539: it's recklessness.
• 4:50
  austin_4_05-24-2024_104539: So wantonly.
• 4:51
  austin_4_05-24-2024_104539: So it's
• 4:51
  philip-silberman_4_05-24-2024_104544: right?
• 4:52
  austin_4_05-24-2024_104539: Yeah.
• 4:52
  philip-silberman_4_05-24-2024_104544: So the idea is no one's alleging that Mr.
• 4:55
  philip-silberman_4_05-24-2024_104544: Scheffler mowed this police officer down.
• 4:58
  philip-silberman_4_05-24-2024_104544: So it's that he did something so reckless as to cause physical injury to the officer, which there was physical injury.
• 5:06
  philip-silberman_4_05-24-2024_104544: I think the officer goes to the hospital let's talk about, I'm not sure about the judgment of this police officer either.
• 5:13
  philip-silberman_4_05-24-2024_104544: how bad do you have to, or how much do you really have to like your job and be dedicated to your job to attach and latch yourself on to somebody's car?
• 5:24
  philip-silberman_4_05-24-2024_104544: I know if I'm a cop, maybe I'd be a really bad cop, but my supervisor puts me out there to do a traffic stop and investigate an accident.
• 5:32
  philip-silberman_4_05-24-2024_104544: And if someone disregards my orders and they're just like flying by me or driving by me.
• 5:37
  philip-silberman_4_05-24-2024_104544: I am not jumping on the car to stop the car.
• 5:39
  philip-silberman_4_05-24-2024_104544: I'm just like, you know what?
• 5:41
  philip-silberman_4_05-24-2024_104544: I tried.
• 5:42
  philip-silberman_4_05-24-2024_104544: The guy drove by.
• 5:43
  philip-silberman_4_05-24-2024_104544: Whatever.
• 5:44
  austin_4_05-24-2024_104539: yeah, exactly.
• 5:45
  philip-silberman_4_05-24-2024_104544: So third degree criminal mischief.
• 5:47
  philip-silberman_4_05-24-2024_104544: What are the elements there, Austin?
• 5:49
  philip-silberman_4_05-24-2024_104544: And maybe out of the law in Kentucky.
• 5:50
  philip-silberman_4_05-24-2024_104544: We pulled this.
• 5:51
  austin_4_05-24-2024_104539: So it's quote, having no right to do so or any reasonable ground to believe that he or she has such rights to wantonly deface, destroy, or damage any property, causing pecuniary loss of less than 500.
• 6:07
  philip-silberman_4_05-24-2024_104544: I've seen the video
• 6:09
  austin_4_05-24-2024_104539: Okay.
• 6:09
  philip-silberman_4_05-24-2024_104544: and the video is really benign.
• 6:12
  philip-silberman_4_05-24-2024_104544: It's and it's dark and you can't see, but some.
• 6:14
  philip-silberman_4_05-24-2024_104544: Some vehicle comes up and you can see the cops approach the vehicle, but that's about it.
• 6:19
  austin_4_05-24-2024_104539: Okay.
• 6:20
  philip-silberman_4_05-24-2024_104544: Maybe the flowerbeds got damaged, but I think what the prosecutor is saying here is the police officers clothes were actually damaged.
• 6:30
  philip-silberman_4_05-24-2024_104544: I think that's the prosecutor's angle.
• 6:33
  philip-silberman_4_05-24-2024_104544: The officer's clothes were damaged.
• 6:35
  philip-silberman_4_05-24-2024_104544: he jumps on a moving vehicle.
• 6:37
  philip-silberman_4_05-24-2024_104544: I guess at some point he falls off the car and he's dragged a little bit and his clothes get some holes in it.
• 6:42
  philip-silberman_4_05-24-2024_104544: That's what I think.
• 6:43
  philip-silberman_4_05-24-2024_104544: good luck in a place like Houston or Dallas trying to convince a jury that's criminal mischief, but maybe.
• 6:48
  philip-silberman_4_05-24-2024_104544: So if the jury is really mad at Mr Scheffler, I guess they're going to get him on this one.
• 6:52
  philip-silberman_4_05-24-2024_104544: Anything that's unsafe.
• 6:54
  philip-silberman_4_05-24-2024_104544: And some of the examples we have, making erratic or unnecessary lane changes.
• 6:58
  philip-silberman_4_05-24-2024_104544: I don't think that comes into play.
• 7:00
  philip-silberman_4_05-24-2024_104544: Passing other vehicles at inappropriate times.
• 7:03
  philip-silberman_4_05-24-2024_104544: This is probably the one.
• 7:04
  philip-silberman_4_05-24-2024_104544: And there are vehicles out there waiting to get into the country club or around the club and he passes them maybe at an inappropriate time.
• 7:12
  philip-silberman_4_05-24-2024_104544: Of course, I don't know how inappropriate that was because the guy's playing in the tournament has got a tee time.
• 7:15
  philip-silberman_4_05-24-2024_104544: I think it's very appropriate, my heart goes out to the officer, my heart really goes out to this pedestrian, the guy who goes to pay to see the tournament and, he's hit by the shuttle bus.
• 7:25
  philip-silberman_4_05-24-2024_104544: That's the real tragedy in this.
• 7:26
  philip-silberman_4_05-24-2024_104544: I think all this other stuff about prosecuting Mr.
• 7:29
  philip-silberman_4_05-24-2024_104544: Scheffler is a huge distraction, from the tragedy of the real loss of life.
• 7:34
  philip-silberman_4_05-24-2024_104544: But,
• 7:35
  austin_4_05-24-2024_104539: Agreed.
• 7:36
  philip-silberman_4_05-24-2024_104544: Scheffler does have a statement.
• 7:38
  austin_4_05-24-2024_104539: he said in a statement on social media that quote, it was a very chaotic situation understandably so considering the tragic accident that had occurred earlier and there was a big misunderstanding of what I thought I was being asked to do.
• 7:50
  austin_4_05-24-2024_104539: I never intended to disregard any of the instructions.
• 7:53
  philip-silberman_4_05-24-2024_104544: He's getting arraigned, on June 3rd.
• 7:57
  philip-silberman_4_05-24-2024_104544: And I think we'll get our producer Aaron to put the links of that video of the footage of the car.
• 8:04
  philip-silberman_4_05-24-2024_104544: So our listeners, if you want to take a look and follow us on Instagram whatever.
• 8:09
  austin_4_05-24-2024_104539: the show notes, yeah.
• 8:10
  philip-silberman_4_05-24-2024_104544: Yeah, we'll put that in the show notes.
• 8:12
  philip-silberman_4_05-24-2024_104544: so you can be your own judge of how reckless Mr.
• 8:15
  philip-silberman_4_05-24-2024_104544: Scheffler was with his vehicle.
• 8:17
  philip-silberman_4_05-24-2024_104544: All right.
• 8:17
  philip-silberman_4_05-24-2024_104544: Next topic is Elvis Presley's Graceland estate was set to be auctioned off yesterday.
• 8:23
  philip-silberman_4_05-24-2024_104544: it is the most visited home in America.
• 8:26
  philip-silberman_4_05-24-2024_104544: And to tell you something about our culture and our country, that's more visited than Thomas Jefferson's home more visited than Monticello, more visited than George Washington's Mount Vernon.
• 8:37
  philip-silberman_4_05-24-2024_104544: Now, I don't know if they count the White House, because it seems to me like the White House would be the number one visited home in America, but if Graceland's Elvis Presley, is over the White House, we've got problems in this country.
• 8:48
  philip-silberman_4_05-24-2024_104544: But,
• 8:49
  austin_4_05-24-2024_104539: it's probably easier to visit Graceland than to visit the White House, to be fair, but
• 8:54
  philip-silberman_4_05-24-2024_104544: probably.
• 8:55
  philip-silberman_4_05-24-2024_104544: All right.
• 8:56
  philip-silberman_4_05-24-2024_104544: Like everyone, I think everyone knows who Elvis is, but we have some young listeners.
• 9:00
  philip-silberman_4_05-24-2024_104544: And, Elvis was The renowned American singer, they call him the king of rock and roll.
• 9:06
  philip-silberman_4_05-24-2024_104544: Did he really create rock and roll?
• 9:08
  philip-silberman_4_05-24-2024_104544: I don't know.
• 9:09
  philip-silberman_4_05-24-2024_104544: if you watch the recent movie, they portray Elvis's.
• 9:12
  philip-silberman_4_05-24-2024_104544: As taking rock and roll from black artists and presenting it.
• 9:18
  philip-silberman_4_05-24-2024_104544: So they said, he was just the first white singer to present it.
• 9:21
  philip-silberman_4_05-24-2024_104544: And that's why he was popularized as the movie, He still holds the record for the most gold and platinum records, which almost sounds unbelievable to me.
• 9:31
  philip-silberman_4_05-24-2024_104544: most albums charted on the billboard 200 still holds that record.
• 9:34
  philip-silberman_4_05-24-2024_104544: He died, I think, at the age of 42 years old, had a heart attack.
• 9:39
  philip-silberman_4_05-24-2024_104544: Elvis bought Graceland in 1957 at the age of 22.
• 9:44
  philip-silberman_4_05-24-2024_104544: There's a, mansion located on it.
• 9:47
  philip-silberman_4_05-24-2024_104544: By today's standards, it's not really a mansion.
• 9:50
  philip-silberman_4_05-24-2024_104544: but back in the late 1950s, It was a mansion, right?
• 9:55
  austin_4_05-24-2024_104539: Yes.
• 9:55
  austin_4_05-24-2024_104539: Definitely.
• 9:55
  philip-silberman_4_05-24-2024_104544: he had, a daughter, Lisa Marie Plessy.
• 9:59
  philip-silberman_4_05-24-2024_104544: are you familiar with the prolific?
• 10:01
  philip-silberman_4_05-24-2024_104544: Singing career of Lisa Marie Presley Austin.
• 10:04
  austin_4_05-24-2024_104539: I, I am not
• 10:05
  philip-silberman_4_05-24-2024_104544: That's because it was not in fact prolific.
• 10:08
  philip-silberman_4_05-24-2024_104544: She was pretty much, just the daughter of Elvis.
• 10:11
  philip-silberman_4_05-24-2024_104544: and she inherited Graceland after Elvis's death.
• 10:15
  philip-silberman_4_05-24-2024_104544: She recently died.
• 10:17
  philip-silberman_4_05-24-2024_104544: at the age of 54?
• 10:18
  philip-silberman_4_05-24-2024_104544: January, 2023.
• 10:20
  philip-silberman_4_05-24-2024_104544: Back to our story, though, Elvis has one granddaughter, Riley key out.
• 10:25
  philip-silberman_4_05-24-2024_104544: I guess she's a pretty good actress because she's getting all these roles, but my wife's like, it's just Hollywood nepotism.
• 10:31
  philip-silberman_4_05-24-2024_104544: She only got those parts because she's Elvis's granddaughter.
• 10:35
  philip-silberman_4_05-24-2024_104544: I don't know, but she's had some, she's 34 years old.
• 10:38
  philip-silberman_4_05-24-2024_104544: She's been in a lot of stuff.
• 10:39
  philip-silberman_4_05-24-2024_104544: She is the trustee that's responsible for Graceland today.
• 10:44
  philip-silberman_4_05-24-2024_104544: so Graceland today, it's a big tourist attraction.
• 10:48
  philip-silberman_4_05-24-2024_104544: I think it's got a hotel on it.
• 10:50
  philip-silberman_4_05-24-2024_104544: It's got the mansion.
• 10:51
  philip-silberman_4_05-24-2024_104544: it's managed by Elvis Presley Enterprises.
• 10:55
  philip-silberman_4_05-24-2024_104544: there's a museum, there's exhibits.
• 10:57
  philip-silberman_4_05-24-2024_104544: So a lot of people go, all right, Elvis still has a huge following.
• 11:02
  philip-silberman_4_05-24-2024_104544: Now all of a sudden there's a lawsuit filed to foreclose on Graceland.
• 11:07
  philip-silberman_4_05-24-2024_104544: And the company that does the foreclosure alleges that Lisa Marie Pressley borrowed 3.
• 11:13
  philip-silberman_4_05-24-2024_104544: 8 million.
• 11:15
  philip-silberman_4_05-24-2024_104544: And put Graceland up for collateral.
• 11:17
  philip-silberman_4_05-24-2024_104544: When I first read it in the wall street journal, it sounded believable, right?
• 11:22
  philip-silberman_4_05-24-2024_104544: Cause it's it's Lisa Marie Presley.
• 11:23
  philip-silberman_4_05-24-2024_104544: she's had a hard life and probably some drug addiction and maybe she needed the money, Riley Keough gets an attorney.
• 11:32
  philip-silberman_4_05-24-2024_104544: They probably file a wrongful foreclosure lawsuit.
• 11:34
  philip-silberman_4_05-24-2024_104544: That's what we file in Texas.
• 11:35
  philip-silberman_4_05-24-2024_104544: When you want to stop a foreclosure.
• 11:38
  philip-silberman_4_05-24-2024_104544: You file a wrongful foreclosure lawsuit.
• 11:41
  austin_4_05-24-2024_104539: when there's a reason to stop the foreclosure, to be clear, you can't just file that for fun.
• 11:45
  austin_4_05-24-2024_104539: But yes,
• 11:46
  philip-silberman_4_05-24-2024_104544: so in this case, Austin, they, the lawyers for Keow say, the documents are not real.
• 11:52
  philip-silberman_4_05-24-2024_104544: They asked the notary.
• 11:53
  philip-silberman_4_05-24-2024_104544: The notary is like, I never notarized that.
• 11:56
  philip-silberman_4_05-24-2024_104544: It says the name of the company or the lenders and the Sani investments, apparently not a real company.
• 12:01
  philip-silberman_4_05-24-2024_104544: their address goes to a UPS box.
• 12:04
  philip-silberman_4_05-24-2024_104544: The attorney for Nisani investments can't really be found.
• 12:09
  philip-silberman_4_05-24-2024_104544: so there's a lot of evidence here that these may not be real documents.
• 12:13
  philip-silberman_4_05-24-2024_104544: So that's probably a good wrongful foreclosure case.
• 12:16
  philip-silberman_4_05-24-2024_104544: What are most of the calls we get for wrongful foreclosure at our firm Austin?
• 12:19
  austin_4_05-24-2024_104539: most of the calls we get for wrongful foreclosure at our firm is on the Monday before the first Tuesday of the month, which is when foreclosures are held.
• 12:29
  austin_4_05-24-2024_104539: Hi, I need an injunction to stop this foreclosure tomorrow.
• 12:34
  austin_4_05-24-2024_104539: And my first question, okay, why are you being foreclosed on?
• 12:37
  austin_4_05-24-2024_104539: I missed some payments.
• 12:38
  austin_4_05-24-2024_104539: It's so you didn't pay your mortgage and you got notices of the foreclosure happening and it's happening tomorrow and now you're asking us for an injunction to stop the foreclosure.
• 12:50
  austin_4_05-24-2024_104539: yes.
• 12:51
  austin_4_05-24-2024_104539: okay, that's not a legitimate reason to stop the
• 12:54
  philip-silberman_4_05-24-2024_104544: Yeah.
• 12:55
  philip-silberman_4_05-24-2024_104544: Yeah.
• 12:55
  philip-silberman_4_05-24-2024_104544: There, there's gotta be something really wrong.
• 12:57
  philip-silberman_4_05-24-2024_104544: with the, if you're calling us and you're like bank of America is my lender or Wells Fargo is my lender.
• 13:03
  philip-silberman_4_05-24-2024_104544: I'm just, my joke is I don't think bank of America has done a wrongful foreclosure in 15 years.
• 13:07
  philip-silberman_4_05-24-2024_104544: So the big banks have this down to a science.
• 13:11
  philip-silberman_4_05-24-2024_104544: if you've got one of these like little one off investors, like Nisani Investments up in Tennessee, probably much more likely there's going to be credibility.
• 13:20
  austin_4_05-24-2024_104539: or an owner finance situation.
• 13:22
  philip-silberman_4_05-24-2024_104544: Yeah.
• 13:22
  austin_4_05-24-2024_104539: those can be a, an owner of finance or an executor
• 13:25
  philip-silberman_4_05-24-2024_104544: No,
• 13:26
  austin_4_05-24-2024_104539: slash contract for deed.
• 13:27
  austin_4_05-24-2024_104539: Yeah.
• 13:27
  philip-silberman_4_05-24-2024_104544: but you don't just get to stop a foreclosure because you didn't pay and you need more time to pay.
• 13:33
  philip-silberman_4_05-24-2024_104544: There has to be a real reason.
• 13:35
  philip-silberman_4_05-24-2024_104544: the judge in Tennessee actually did grant the injunctive relief.
• 13:39
  philip-silberman_4_05-24-2024_104544: Stop the foreclosure supposed to happen yesterday.
• 13:41
  philip-silberman_4_05-24-2024_104544: Stop.
• 13:42
  philip-silberman_4_05-24-2024_104544: And it turns out, and Austin updated me on this, Nisani investments did withdraw all their claims with prejudice.
• 13:51
  philip-silberman_4_05-24-2024_104544: What does that mean?
• 13:51
  philip-silberman_4_05-24-2024_104544: If you withdraw with prejudice, awesome.
• 13:53
  austin_4_05-24-2024_104539: If you withdraw with prejudice, that means you can't bring the claims again.
• 13:58
  philip-silberman_4_05-24-2024_104544: So maybe it was a fraud because Nisani withdrew and said, we're now barred from making these claims ever again.
• 14:05
  austin_4_05-24-2024_104539: is very rare.
• 14:06
  austin_4_05-24-2024_104539: You don't usually do that.
• 14:07
  austin_4_05-24-2024_104539: It's usually, if a judge dismisses the claims, they can be dismissed with prejudice.
• 14:11
  austin_4_05-24-2024_104539: That's much more common.
• 14:12
  philip-silberman_4_05-24-2024_104544: Graceland.
• 14:13
  philip-silberman_4_05-24-2024_104544: It's not going to be foreclosed on and all the Elvis fans can breathe a sigh of relief.
• 14:19
  philip-silberman_4_05-24-2024_104544: All right, let's move on and answer some legal questions.
• 14:22
  philip-silberman_4_05-24-2024_104544: And today we're talking about will contest and what makes a good will contest.
• 14:27
  austin_4_05-24-2024_104539: The first, the easiest one is that the will is technically defective, right?
• 14:31
  austin_4_05-24-2024_104539: It doesn't meet the requirements for a will.
• 14:36
  austin_4_05-24-2024_104539: To be valid in Texas.
• 14:38
  austin_4_05-24-2024_104539: one, really easy, It's not signed by the person who died.
• 14:41
  austin_4_05-24-2024_104539: Okay?
• 14:42
  philip-silberman_4_05-24-2024_104544: Yeah.
• 14:43
  austin_4_05-24-2024_104539: signed by the person who died, Not a valid will.
• 14:45
  austin_4_05-24-2024_104539: Sorry.
• 14:46
  philip-silberman_4_05-24-2024_104544: And you can have whole trials on that.
• 14:48
  philip-silberman_4_05-24-2024_104544: you'll have someone call us and say, my dad, didn't sign the will.
• 14:53
  philip-silberman_4_05-24-2024_104544: how do you know that?
• 14:54
  philip-silberman_4_05-24-2024_104544: And, It's that's not my dad's signature.
• 14:57
  philip-silberman_4_05-24-2024_104544: signatures change over time.
• 14:59
  austin_4_05-24-2024_104539: they do.
• 14:59
  philip-silberman_4_05-24-2024_104544: you can do a lot of cases where you have a handwriting expert.
• 15:03
  philip-silberman_4_05-24-2024_104544: and we've had lots of those cases and I'll tell you handwriting experts Austin are a little bit like, voodoo and which doctors it's not really a credible science in my mind, the handwriting expert will go to testify, but.
• 15:16
  philip-silberman_4_05-24-2024_104544: It's a very subjective, science and practice and profession.
• 15:21
  philip-silberman_4_05-24-2024_104544: So
• 15:22
  austin_4_05-24-2024_104539: in practice, The only cases where I have felt the need and advised clients that they should hire a handwriting expert to actually contest whether or not this writing was the writing of the testator is when, you and me looking at the two signatures could be like, Like in the way that they are written or the handwriting either way like I feel like we could tell this is very likely Not the same signature.
• 15:47
  austin_4_05-24-2024_104539: That's the only time I'm ever like hey I think a handwriting expert would be helpful here
• 15:51
  philip-silberman_4_05-24-2024_104544: If it's a will, you need at least two witnesses and the notary can count as one.
• 15:58
  philip-silberman_4_05-24-2024_104544: So if you have a notary sign the will and you happen to have another witness, You can get to two that way.
• 16:02
  philip-silberman_4_05-24-2024_104544: Or you could just have no testamentary intent, right?
• 16:05
  philip-silberman_4_05-24-2024_104544: You actually, the testator has to actually intend to give the stuff.
• 16:09
  philip-silberman_4_05-24-2024_104544: there's been cases in Texas where you just list out assets.
• 16:13
  philip-silberman_4_05-24-2024_104544: Like you have the name, like my name is Bill Smith and Judy's over here and John's over here, and I've just got a list of assets and that there's not really a clear testamentary intent, right?
• 16:25
  austin_4_05-24-2024_104539: You're like, hey, this is what I have.
• 16:26
  austin_4_05-24-2024_104539: Okay, great.
• 16:26
  austin_4_05-24-2024_104539: What do you want to do with it?
• 16:27
  philip-silberman_4_05-24-2024_104544: yeah, there's no set of magic words for testamentary intent.
• 16:32
  philip-silberman_4_05-24-2024_104544: but in our wills, okay, that we do, the wills we draft, our standard language is I give, devise, and bequeath.
• 16:39
  philip-silberman_4_05-24-2024_104544: I think because we're lawyers, we like to say the same thing 3 times in a row, but that's what we're doing.
• 16:46
  philip-silberman_4_05-24-2024_104544: I'm not sure there's a difference between give devise and bequeath, but we were going to really, belt and suspenders approach that thing 3 ways of testamentary intent.
• 16:53
  philip-silberman_4_05-24-2024_104544: I give devise and bequeath.
• 16:55
  philip-silberman_4_05-24-2024_104544: I'm not even sure what the dictionary definition of bequeath is.
• 16:59
  philip-silberman_4_05-24-2024_104544: But there you have it.
• 17:01
  philip-silberman_4_05-24-2024_104544: All right.
• 17:02
  philip-silberman_4_05-24-2024_104544: Moving along from technically defective wills.
• 17:03
  philip-silberman_4_05-24-2024_104544: Let's talk a little bit about capacity.
• 17:06
  austin_4_05-24-2024_104539: And I think capacity is the one that is important usually challenged the most.
• 17:11
  austin_4_05-24-2024_104539: whenever we're actually challenging a will, right?
• 17:13
  austin_4_05-24-2024_104539: we always hit every single one of these.
• 17:15
  austin_4_05-24-2024_104539: Okay.
• 17:15
  austin_4_05-24-2024_104539: was it signed by the testator?
• 17:17
  austin_4_05-24-2024_104539: Okay, great.
• 17:18
  austin_4_05-24-2024_104539: Is it technically defective?
• 17:19
  austin_4_05-24-2024_104539: And then did the person signing it have capacity?
• 17:22
  austin_4_05-24-2024_104539: And what that means is whether they had the ability at the time that they signed this will, at the time what was executed execute a legal document, were they mentally all there, right?
• 17:35
  austin_4_05-24-2024_104539: Had there been anything that would.
• 17:38
  austin_4_05-24-2024_104539: draw people's attention to the fact that maybe they didn't have capacity where their doctor's report saying hey This person needs a guardian.
• 17:44
  austin_4_05-24-2024_104539: They can't take care of themselves.
• 17:45
  austin_4_05-24-2024_104539: They don't know what they're doing that sort of stuff.
• 17:48
  philip-silberman_4_05-24-2024_104544: and, if you're dealing with mom or dad and maybe they're suffering from dementia, if they've been declared incapacitated by a court and they've got a guardian, they definitely don't have capacity to sign a will at that, but you can have people suffering from early stage dementia and they can have good days and bad days and in the morning.
• 18:08
  philip-silberman_4_05-24-2024_104544: They're fine.
• 18:09
  philip-silberman_4_05-24-2024_104544: They can make a valid will.
• 18:12
  philip-silberman_4_05-24-2024_104544: So they have to be able to understand the standard in Texas is they have to understand that they're making a will.
• 18:18
  philip-silberman_4_05-24-2024_104544: They have to understand the effect of making a will, the general nature and the extent of their property.
• 18:24
  philip-silberman_4_05-24-2024_104544: they need to understand their relatives and their family history.
• 18:27
  philip-silberman_4_05-24-2024_104544: And there's some other elements there, but you're looking for a real understanding of things like that.
• 18:34
  philip-silberman_4_05-24-2024_104544: And there's no hard and fast rule.
• 18:36
  philip-silberman_4_05-24-2024_104544: There's no black and white rule.
• 18:37
  philip-silberman_4_05-24-2024_104544: You're going to get into a very fact intensive situation of capacity.
• 18:41
  austin_4_05-24-2024_104539: Yeah
• 18:43
  philip-silberman_4_05-24-2024_104544: all right.
• 18:43
  philip-silberman_4_05-24-2024_104544: And then we've got.
• 18:44
  philip-silberman_4_05-24-2024_104544: duress So another reason for contesting a will someone may say I'm under duress and you think about the duress standard in Texas.
• 18:53
  philip-silberman_4_05-24-2024_104544: Obviously, Austin, if I put a gun to your head and say, sign this will, or sign this deed, that's the, classic, ridiculous, extreme case of duress, no one's going to be like, Oh, that was valid.
• 19:05
  philip-silberman_4_05-24-2024_104544: he quite literally held a gun to mine.
• 19:07
  philip-silberman_4_05-24-2024_104544: All right.
• 19:08
  austin_4_05-24-2024_104539: Yeah There are lower standards of duress as well.
• 19:11
  austin_4_05-24-2024_104539: and the legally right in the case of Rotherman v Duncan courts determined that to prove undue influence in a probate court, you need to have the existence and exercise of an influence upon the testator.
• 19:24
  austin_4_05-24-2024_104539: So the person executing the will, which operated to subvert or overpower the testators mind at the time the will was executed.
• 19:31
  austin_4_05-24-2024_104539: And such that the execution would not have occurred, but for the undue influence.
• 19:36
  austin_4_05-24-2024_104539: practically, a situation where we see that standard met, with people wanting to contest a will is if there was one family member Who had the person who was passing away, was elderly and was going to execute a will at their house.
• 19:53
  austin_4_05-24-2024_104539: They have complete control over this person.
• 19:54
  austin_4_05-24-2024_104539: The person is bedridden or can't drive anywhere themselves.
• 19:57
  austin_4_05-24-2024_104539: And they just keep that person there.
• 20:00
  austin_4_05-24-2024_104539: And they're like, Hey, I'm not going to take you to.
• 20:04
  austin_4_05-24-2024_104539: I don't know, the grocery store or something, right?
• 20:07
  austin_4_05-24-2024_104539: Unless you sign this document for me.
• 20:09
  austin_4_05-24-2024_104539: we see things like that.
• 20:10
  austin_4_05-24-2024_104539: Sadly, there would definitely be undue influence in that situation.
• 20:13
  austin_4_05-24-2024_104539: If one person had complete control over the testator, and they're using that control to exert the testators, will to sign this well.
• 20:21
  austin_4_05-24-2024_104539: So
• 20:22
  philip-silberman_4_05-24-2024_104544: Yeah.
• 20:22
  philip-silberman_4_05-24-2024_104544: So again, your major, categories for will contests are one technically defective.
• 20:28
  philip-silberman_4_05-24-2024_104544: Two, was there a capacity issue or three, was there undue influence or duress?
• 20:33
  philip-silberman_4_05-24-2024_104544: You don't get to just call up and say, I want to contest the will because it wasn't good for me.
• 20:38
  philip-silberman_4_05-24-2024_104544: Or mom and dad never would have done that.
• 20:41
  philip-silberman_4_05-24-2024_104544: that's not a reason for contesting a will.
• 20:44
  austin_4_05-24-2024_104539: as a final point on that, If you are ever, in a situation where you or an elderly family member is wanting to execute a will and they may fall under the category of being frail or something like that, best practice in that scenario is to record the execution of the will.
• 21:02
  austin_4_05-24-2024_104539: Make sure that it's very clear they understand exactly what they're signing, what the will purports to do, who the witnesses are, all that thing.
• 21:09
  austin_4_05-24-2024_104539: Make sure you have it on record that they knew what they were doing and that can really go a long way in case there's a will contest.
• 21:16
  austin_4_05-24-2024_104539: So
• 21:16
  philip-silberman_4_05-24-2024_104544: Yeah.
• 21:17
  philip-silberman_4_05-24-2024_104544: Yeah.
• 21:17
  philip-silberman_4_05-24-2024_104544: Good advice.
• 21:18
  philip-silberman_4_05-24-2024_104544: All right.
• 21:19
  philip-silberman_4_05-24-2024_104544: Let's move on to my favorite section of the show, which is our rant and rave section.
• 21:24
  philip-silberman_4_05-24-2024_104544: And today we're talking about artificial intelligence, AI, and I'm going to make an early call on this and I, I'm a big first adopter.
• 21:33
  philip-silberman_4_05-24-2024_104544: I've tried and I tried, I think AI is overblown and the whole world just obsessed with AI.
• 21:39
  philip-silberman_4_05-24-2024_104544: It's everywhere you see is the stock market is crazy.
• 21:43
  philip-silberman_4_05-24-2024_104544: And video is up 600%.
• 21:45
  philip-silberman_4_05-24-2024_104544: Since 2020, their stock again was up another 10 percent yesterday on great earnings.
• 21:52
  philip-silberman_4_05-24-2024_104544: there's another, other companies out there like Arista Networks up 377%, AMD up 215%.
• 21:59
  philip-silberman_4_05-24-2024_104544: So the market, is up big.
• 22:02
  philip-silberman_4_05-24-2024_104544: AI is this revolutionary for us.
• 22:05
  philip-silberman_4_05-24-2024_104544: If you're a publicly traded company and you're doing an earnings call, all you have to do is mention AI and it's your stock goes up.
• 22:14
  philip-silberman_4_05-24-2024_104544: I've got a statistic here.
• 22:16
  philip-silberman_4_05-24-2024_104544: s and p 500 company's biggest 500 companies in America, if they mention AI on a Q4 earnings call.
• 22:23
  philip-silberman_4_05-24-2024_104544: Their average stock price was increased by 29%.
• 22:28
  philip-silberman_4_05-24-2024_104544: So it's like the dot com bubble.
• 22:30
  philip-silberman_4_05-24-2024_104544: Often you weren't really around for that, but, during the dot com bubble, if you mentioned you had a website or anything about.
• 22:38
  philip-silberman_4_05-24-2024_104544: com, it was like your stock was up big,
• 22:41
  austin_4_05-24-2024_104539: I may have been like five, but I was around
• 22:42
  philip-silberman_4_05-24-2024_104544: you were there.
• 22:43
  philip-silberman_4_05-24-2024_104544: Okay, good.
• 22:43
  philip-silberman_4_05-24-2024_104544: I've got a quote here from Andy Jassy, the CEO of Amazon,
• 22:47
  austin_4_05-24-2024_104539: he said, quote, generative AI may be the largest technology transformation since the cloud, which itself is still in the early stages and perhaps since the Internet.
• 22:58
  philip-silberman_4_05-24-2024_104544: okay.
• 22:58
  philip-silberman_4_05-24-2024_104544: big statement.
• 22:59
  philip-silberman_4_05-24-2024_104544: And then we've got.
• 23:00
  philip-silberman_4_05-24-2024_104544: Brian Halligan, who's the co founder of HubSpot.
• 23:03
  philip-silberman_4_05-24-2024_104544: That's a big software company.
• 23:05
  philip-silberman_4_05-24-2024_104544: He's saying this is as big as the move away from DOS.
• 23:08
  philip-silberman_4_05-24-2024_104544: well, MS DOS, was basically a command prompt operating system and, DOS was pretty much the backbone of Windows operating systems until Windows 95.
• 23:21
  philip-silberman_4_05-24-2024_104544: And then when we got Windows 95, it was like, oh my goodness, what a new world has opened up.
• 23:27
  philip-silberman_4_05-24-2024_104544: So bold statement, I keep wanting, to believe Mr.
• 23:31
  philip-silberman_4_05-24-2024_104544: Jassy, I want to believe Mr.
• 23:32
  philip-silberman_4_05-24-2024_104544: Howley.
• 23:33
  philip-silberman_4_05-24-2024_104544: And I'm like, okay, I've got this law firm.
• 23:35
  philip-silberman_4_05-24-2024_104544: I've got this real estate company.
• 23:36
  philip-silberman_4_05-24-2024_104544: I'm ready.
• 23:37
  philip-silberman_4_05-24-2024_104544: Austin.
• 23:37
  philip-silberman_4_05-24-2024_104544: I've been begging y'all to use chat GPT.
• 23:40
  philip-silberman_4_05-24-2024_104544: the other firms out there, the big firms out there, like you're going to be fired if you use chat GPT, I'm the opposite.
• 23:48
  philip-silberman_4_05-24-2024_104544: And based on my experiences, I'd say our experience, I don't think we're there yet.
• 23:53
  philip-silberman_4_05-24-2024_104544: it's been a decent tool, right?
• 23:56
  philip-silberman_4_05-24-2024_104544: there's been some minor increased productivity, but Austin, you're in the trenches.
• 24:01
  philip-silberman_4_05-24-2024_104544: do you think it's like amazing or what?
• 24:04
  austin_4_05-24-2024_104539: I think it is, as you said, I think it's a useful tool at the moment.
• 24:10
  austin_4_05-24-2024_104539: it's not at the point where.
• 24:12
  austin_4_05-24-2024_104539: If you don't know anything about the law, you could just ask it.
• 24:15
  austin_4_05-24-2024_104539: You could just throw in like a lawsuit you got served with and say, Hey, like these are the facts, write a response to this, like citing like legal precedent and things like that.
• 24:25
  austin_4_05-24-2024_104539: You can't do that.
• 24:26
  austin_4_05-24-2024_104539: And even if you do ask it to do that, there's still the potential.
• 24:30
  austin_4_05-24-2024_104539: It's going to cite a case that doesn't exist.
• 24:32
  philip-silberman_4_05-24-2024_104544: Yeah, it just makes up things.
• 24:34
  austin_4_05-24-2024_104539: can just make up things sometimes.
• 24:36
  austin_4_05-24-2024_104539: And so to that end, like you really, if you're using it.
• 24:39
  austin_4_05-24-2024_104539: For legal purposes specifically, and probably other things as well that I haven't really a crack at, you really need to have some background info to understand whether or not what chat GPT or whatever AI system you're using, sure that what they're putting out actually is accurate.
• 24:57
  austin_4_05-24-2024_104539: You need to have some context for the information, and if you do, I think it's a very useful tool to get things done more quickly.
• 25:03
  austin_4_05-24-2024_104539: But if you're using it without any, Like framework of knowledge.
• 25:07
  austin_4_05-24-2024_104539: I think it can be really dangerous.
• 25:09
  austin_4_05-24-2024_104539: So
• 25:09
  philip-silberman_4_05-24-2024_104544: Yeah, I would agree with that.
• 25:11
  philip-silberman_4_05-24-2024_104544: generally, I've got two or three examples here that I've tried to implement.
• 25:16
  philip-silberman_4_05-24-2024_104544: we have a spreadsheet.
• 25:17
  philip-silberman_4_05-24-2024_104544: I manage my firm operations and my business operations using proforma spreadsheets.
• 25:22
  philip-silberman_4_05-24-2024_104544: They're somewhat complex.
• 25:23
  philip-silberman_4_05-24-2024_104544: Okay.
• 25:25
  philip-silberman_4_05-24-2024_104544: I loaded one of my least complex spreadsheets into chat I asked it to do a basic, calculation.
• 25:33
  philip-silberman_4_05-24-2024_104544: And it, chat GPT struggled to find just a simple value in a cell in the spreadsheet.
• 25:40
  philip-silberman_4_05-24-2024_104544: And I got frustrated with it.
• 25:41
  philip-silberman_4_05-24-2024_104544: and I typed in, I was like, Oh God, just tell me what the value in the cell is.
• 25:46
  philip-silberman_4_05-24-2024_104544: And its response was, something, and it was wrong.
• 25:49
  philip-silberman_4_05-24-2024_104544: And I was like, that's not right.
• 25:51
  philip-silberman_4_05-24-2024_104544: Check the value again.
• 25:52
  philip-silberman_4_05-24-2024_104544: And then it started to spit out the Python code.
• 25:55
  philip-silberman_4_05-24-2024_104544: I didn't know this, but chat GPT is basically programmed on Python.
• 25:58
  philip-silberman_4_05-24-2024_104544: And then it spits out its Python code where you can see it trying to find the values.
• 26:02
  philip-silberman_4_05-24-2024_104544: And I'm like, look, by the time I parse the Python code, I might as well just go directly into the spreadsheet and, write the formula, run the query myself.
• 26:10
  austin_4_05-24-2024_104539: going back to MS DOS.
• 26:12
  philip-silberman_4_05-24-2024_104544: Yeah, exactly.
• 26:13
  philip-silberman_4_05-24-2024_104544: Exactly.
• 26:14
  philip-silberman_4_05-24-2024_104544: I was like, that, that was an epic fail.
• 26:16
  philip-silberman_4_05-24-2024_104544: I'll say it's a little smarter than control F.
• 26:20
  philip-silberman_4_05-24-2024_104544: So at the firm, we have these guides.
• 26:22
  philip-silberman_4_05-24-2024_104544: All right.
• 26:22
  philip-silberman_4_05-24-2024_104544: When we hire new lawyers, the guides are very helpful.
• 26:26
  philip-silberman_4_05-24-2024_104544: Even if you've been at the firm for a while, the guides still may be helpful.
• 26:28
  philip-silberman_4_05-24-2024_104544: It's like a hundred page guide.
• 26:30
  philip-silberman_4_05-24-2024_104544: all of our practice areas and what we quote for the practice areas and for the different estimates of the services of things that we do.
• 26:37
  austin_4_05-24-2024_104539: Yeah,
• 26:38
  philip-silberman_4_05-24-2024_104544: And you load the guide into ChatGPT and if I've got a new lawyer and they're need to help a potential new client quote a service, they might access the guide.
• 26:47
  philip-silberman_4_05-24-2024_104544: some of our newer lawyers will just go to ChatGPT and say, Hey, ask a natural language search of whatever they're on the phone with potential new client about, and that's fine.
• 26:57
  philip-silberman_4_05-24-2024_104544: And that's really useful, but also at the same time, you could just hit control F.
• 27:02
  philip-silberman_4_05-24-2024_104544: And read the guide yourself.
• 27:04
  philip-silberman_4_05-24-2024_104544: how much does it really save?
• 27:06
  philip-silberman_4_05-24-2024_104544: I don't know, 10, 20, 30 seconds?
• 27:08
  philip-silberman_4_05-24-2024_104544: I guess it saves some time.
• 27:10
  philip-silberman_4_05-24-2024_104544: And to Austin's point, you can't really trust the legal research.
• 27:14
  philip-silberman_4_05-24-2024_104544: there was a guy up in New York, I think, and he had Chatt GPT write his brief, and it just made up cases.
• 27:21
  philip-silberman_4_05-24-2024_104544: And he turned it into a federal court, and the federal court, they have clerks, and they're like, these cases don't exist.
• 27:27
  philip-silberman_4_05-24-2024_104544: He didn't do anything malicious, but
• 27:30
  austin_4_05-24-2024_104539: but he
• 27:30
  philip-silberman_4_05-24-2024_104544: I think he was, he was sanctioned.
• 27:33
  philip-silberman_4_05-24-2024_104544: Yeah.
• 27:33
  philip-silberman_4_05-24-2024_104544: It's a bit, it's a big no to turn in cases that don't exist.
• 27:37
  philip-silberman_4_05-24-2024_104544: And the federal judge was appointed for life.
• 27:39
  philip-silberman_4_05-24-2024_104544: Isn't going to be very sympathetic to a judge.
• 27:42
  philip-silberman_4_05-24-2024_104544: I was in a rush and I used chat GPT.
• 27:44
  austin_4_05-24-2024_104539: No, definitely not.
• 27:46
  philip-silberman_4_05-24-2024_104544: so what is it good for?
• 27:47
  philip-silberman_4_05-24-2024_104544: it's a decent tool.
• 27:49
  philip-silberman_4_05-24-2024_104544: It can generate some okay emails.
• 27:52
  philip-silberman_4_05-24-2024_104544: It can generate.
• 27:53
  philip-silberman_4_05-24-2024_104544: We have blog posts and articles on the website.
• 27:55
  philip-silberman_4_05-24-2024_104544: We use it for that.
• 27:56
  philip-silberman_4_05-24-2024_104544: There's a difference between, constructed content and creative content.
• 28:02
  philip-silberman_4_05-24-2024_104544: when you read the natural language that it generates, natural kind of, in italics,
• 28:09
  austin_4_05-24-2024_104539: yeah.
• 28:09
  philip-silberman_4_05-24-2024_104544: yeah, it's, you can tell it's written artificially by machine learning.
• 28:14
  philip-silberman_4_05-24-2024_104544: It's not the most eloquent prose in the world, but for legal purposes, for generating legal content, it's probably okay.
• 28:22
  philip-silberman_4_05-24-2024_104544: It can generate some decent emails.
• 28:24
  philip-silberman_4_05-24-2024_104544: It can generate some okay, articles.
• 28:26
  philip-silberman_4_05-24-2024_104544: We still have to tell it what to generate.
• 28:28
  philip-silberman_4_05-24-2024_104544: Maybe it saves a little bit of time and I think these companies are under so much pressure.
• 28:33
  philip-silberman_4_05-24-2024_104544: What Google did this past week.
• 28:35
  philip-silberman_4_05-24-2024_104544: I don't know if you noticed, Austin, have you done a Google search recently this past week?
• 28:38
  austin_4_05-24-2024_104539: Yes.
• 28:39
  philip-silberman_4_05-24-2024_104544: Yeah.
• 28:39
  philip-silberman_4_05-24-2024_104544: So tell everybody what Google started doing.
• 28:42
  austin_4_05-24-2024_104539: Yeah.
• 28:42
  austin_4_05-24-2024_104539: Google, started putting like an AI summary at the top of Google search for any informational requests.
• 28:48
  austin_4_05-24-2024_104539: Yeah.
• 28:50
  philip-silberman_4_05-24-2024_104544: me, that is not revolutionary.
• 28:52
  philip-silberman_4_05-24-2024_104544: Google is just doing it.
• 28:53
  philip-silberman_4_05-24-2024_104544: I think it was just doing it to satisfy like shareholders.
• 28:56
  philip-silberman_4_05-24-2024_104544: So they, so the analysts and the shareholders like, Oh, we're not falling behind.
• 29:00
  philip-silberman_4_05-24-2024_104544: Google has been putting summaries in their search results for years now at the top of their results.
• 29:06
  philip-silberman_4_05-24-2024_104544: So all of a sudden to say, okay, now here's an AI generated summary at the top of our result for an informational query, That's not that, that revolutionary to me.
• 29:17
  philip-silberman_4_05-24-2024_104544: And I'm not even sure it's that helpful, So instead of now reading Wikipedia.
• 29:22
  philip-silberman_4_05-24-2024_104544: you read the AI summary of Wikipedia and then, publishers like Wikipedia and our law firm and the New York times and all that, we have now less incentive to actually write decent content.
• 29:34
  philip-silberman_4_05-24-2024_104544: Cause Google's just going to summarize our content and then we don't get the web traffic for it.
• 29:38
  philip-silberman_4_05-24-2024_104544: so to me, this is a little bit like the tail wagging the dog.
• 29:41
  philip-silberman_4_05-24-2024_104544: It's like, all right, AI is the way of the future.
• 29:45
  philip-silberman_4_05-24-2024_104544: It's revolutionary.
• 29:46
  philip-silberman_4_05-24-2024_104544: we've all got to try to use it.
• 29:47
  philip-silberman_4_05-24-2024_104544: But.
• 29:47
  philip-silberman_4_05-24-2024_104544: I don't know of any regular people really using it in a revolutionary fashion.
• 29:52
  philip-silberman_4_05-24-2024_104544: we've got a quote here from Microsoft CEO.
• 29:55
  philip-silberman_4_05-24-2024_104544: Satya Nadella?
• 29:56
  austin_4_05-24-2024_104539: Yeah.
• 29:57
  austin_4_05-24-2024_104539: So said, I don't like anthropomorphizing AI.
• 30:02
  austin_4_05-24-2024_104539: believe it's a tool.
• 30:03
  austin_4_05-24-2024_104539: It does have artificial intelligence.
• 30:06
  austin_4_05-24-2024_104539: If you want to give it that moniker, it's not the same intelligence I have.
• 30:10
  austin_4_05-24-2024_104539: I think one of the most unfortunate names is artificial intelligence.
• 30:13
  austin_4_05-24-2024_104539: I wish we had called it different intelligence because I have my intelligence.
• 30:17
  austin_4_05-24-2024_104539: I don't need any artificial intelligence.
• 30:19
  austin_4_05-24-2024_104539: Yeah.
• 30:21
  philip-silberman_4_05-24-2024_104544: and if you don't know people, first of all, I a hundred percent agree.
• 30:26
  philip-silberman_4_05-24-2024_104544: with, Microsoft CEO there, and he's got a lot to gain from it.
• 30:30
  philip-silberman_4_05-24-2024_104544: because Microsoft is the biggest backer of chat GPT, Microsoft is getting ready to release all their new laptops.
• 30:37
  philip-silberman_4_05-24-2024_104544: Microsoft and the chip industry stands to gain from that because most people have not upgraded their PCs in quite some time.
• 30:46
  philip-silberman_4_05-24-2024_104544: So now all of a sudden to run AI, I don't think it's an accident that they want to run AI locally on the machine now.
• 30:53
  philip-silberman_4_05-24-2024_104544: They're citing all this privacy stuff, but I think they just want to sell more hardware.
• 30:57
  philip-silberman_4_05-24-2024_104544: the Microsoft CEO, I think he gets this right.
• 30:59
  philip-silberman_4_05-24-2024_104544: it's a great tool.
• 31:00
  philip-silberman_4_05-24-2024_104544: I don't think it's revolutionary.
• 31:01
  philip-silberman_4_05-24-2024_104544: I certainly don't put it on par with the internet.
• 31:04
  austin_4_05-24-2024_104539: Yeah.
• 31:04
  philip-silberman_4_05-24-2024_104544: using our law firm as an example, maybe it gives us five to 20 percent more productivity.
• 31:09
  philip-silberman_4_05-24-2024_104544: if you, that's my, I don't mean to bias you.
• 31:11
  philip-silberman_4_05-24-2024_104544: If you had to put a take on it.
• 31:13
  philip-silberman_4_05-24-2024_104544: what percentage has it increased your productivity, Austin?
• 31:16
  austin_4_05-24-2024_104539: probably about the range that I would give it on.
• 31:19
  austin_4_05-24-2024_104539: I honestly use chat GPT for more things outside of work, just with like side projects and things like that.
• 31:24
  austin_4_05-24-2024_104539: yeah.
• 31:24
  philip-silberman_4_05-24-2024_104544: Yeah.
• 31:25
  philip-silberman_4_05-24-2024_104544: now look, this is my experience from a real business owner that's out here.
• 31:31
  philip-silberman_4_05-24-2024_104544: I'm not in an ivory tower in corporate America.
• 31:34
  philip-silberman_4_05-24-2024_104544: I'm not the CEO of Nvidia.
• 31:37
  philip-silberman_4_05-24-2024_104544: I'm not, the Microsoft CEO.
• 31:39
  philip-silberman_4_05-24-2024_104544: I'm not the Apple CEO.
• 31:41
  philip-silberman_4_05-24-2024_104544: I'm not trying to bolster a share price.
• 31:44
  philip-silberman_4_05-24-2024_104544: I'm a real person trying to use this thing and get productivity out of it.
• 31:49
  philip-silberman_4_05-24-2024_104544: So I can save costs either.
• 31:51
  philip-silberman_4_05-24-2024_104544: So I can, save money for our clients.
• 31:54
  austin_4_05-24-2024_104539: Yeah.
• 31:54
  philip-silberman_4_05-24-2024_104544: And make a little bit more money, and I can't figure out how to use this thing to be as revolutionary as everyone says.
• 32:01
  philip-silberman_4_05-24-2024_104544: if you're, a regular guy out there listening to this, like me, and you're wondering how to use it, these are some of our experiences and maybe you have your own experiences.
• 32:10
  philip-silberman_4_05-24-2024_104544: And I'd love to get those comments and hear from you.
• 32:13
  philip-silberman_4_05-24-2024_104544: but that brings our show to a close.
• 32:15
  philip-silberman_4_05-24-2024_104544: I've been your host, Phil Silverman.
• 32:18
  philip-silberman_4_05-24-2024_104544: Austin Black has been my co host.
• 32:19
  philip-silberman_4_05-24-2024_104544: Follow us, like us, review us wherever you get your podcasts.
• 32:24
  philip-silberman_4_05-24-2024_104544: And as a reminder to you, nothing on this show is to be considered legal advice.
• 32:27
  philip-silberman_4_05-24-2024_104544: This has all been for entertainment purposes only.
• 32:31
  philip-silberman_4_05-24-2024_104544: If you have a legal question that you want answered on the show, email us at info, I N F O at Silb, law firm.
• 32:39
  philip-silberman_4_05-24-2024_104544: com S I L B like boy law firm.
• 32:42
  philip-silberman_4_05-24-2024_104544: com say you want an answer publicly in the podcast.
• 32:45
  philip-silberman_4_05-24-2024_104544: Everybody have a safe and happy Memorial day weekend.
• 32:49
  philip-silberman_4_05-24-2024_104544: I do recommend that you stay away from boats and alcohol use at the same time and a heavy amount that's my public service miss.
• 32:58
  austin_4_05-24-2024_104539: officer, we don't recommend you jumping on moving cars.
• 33:01
  philip-silberman_4_05-24-2024_104544: that's exactly right.
• 33:02
  philip-silberman_4_05-24-2024_104544: Happy Memorial Day weekend, everybody.
• 33:04
  austin_4_05-24-2024_104539: All right, thanks.