Must lawyers use AI in 2019? A judge says 'yes'.

Byline: Nicole Black

Many of the lawyers I encounter are intimidated by technology. Rapid technological advancements have left them bewildered, and thus unwilling to even attempt to catch up. For those lawyers, turning a blind eye to technology and practicing law as if it were still 1995 seems like a viable option. After all, it's worked so far, so who can blame them?

Of course, despite their chosen course of action intentional ignorance the steady beat of technology marches on. First it was the internet and email, then came social media and cloud computing, and now even newer technology trends are emerging, the most notable of which is artificial intelligence. And, like it or not, each of these is impacting the practice of law and the legal industry as a whole on a daily basis.

That's why 35 states have now adopted the ethical requirement of technology competence. And, two states Florida and North Carolina now require that lawyers obtain legal technology credits as part of their CLE requirements. No doubt more jurisdictions will follow in their wake, since the effects of technology on the practice of law are inescapable and unavoidable.

If you remain unconvinced, then consider the judge's opinion in Cass v. 1410088 Ontario Inc., 2018 ONSC 6959. At issue in this Ontario Superior Court personal injury case that was handed down in November was, in part, whether the fees billed by the defendant's counsel were excessive.

One of the fees in dispute was a $900 fee for "legal research." The judge did not look very kindly upon this fee, explaining that "$900.00 for legal research is problematic."

The judge did not mince words when he opined on this issue, concluding that legal research is a basic skill and the topic allegedly researched was one with which the attorney for the defendant should have already had familiarity:

"One assumes that counsel graduated with the basic legal knowledge we all possess. This matter was unlikely his first blush with the world of 'occupier's liability', and specifically the liability of landlords. Counsel no doubt was familiar with the focus on the degree or control and access exercised by the landlord on the subject area. So...