Washington Lawyer - October 2019 - 5

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LEGAL
TECH
A Double-Edged Sword?

n this issue of Washington Lawyer, we focus on technology,
which arguably continues to be the biggest game-changer
in the legal profession. Technology has fundamentally
transformed how attorneys practice law, from client communication to discovery to the storage of information. Lawyers
know the adage "adapt or die," but heavy reliance on technology causes mixed reactions. We asked attorneys and
legal tech experts which technological advancements
they're most excited about and which ones are giving them
pause. Here's what they had to say.

The most interesting technologies will be part of what some have called the
Fourth Industrial Revolution (e.g., the convergence of digital, biological, and
physical innovations). We have seen this with the infiltration of social media
into many previously siloed technologies, as well as the collection and use of
biometrics for health and security purposes, for example. AI in its various flavors
will also become more relevant and transparent in our daily lives, especially with
the more energy-efficient and future widespread use of 5G in everyday devices,
machinery, transportation, environmental information gathering, etc., all of
which will create exponentially more information that will feed existing AI
approaches and make available many new AI approaches.
The only weariness I may have is whether we as a community can grasp the
significance of these current and upcoming changes and start preparing now
for the changes in the workforce, which may be significant. We will need many
more technologically inclined workers to take advantage of and to support the
new approaches to solving old and future problems, and we will need an
avenue to retrain the current workforce quickly or provide for some buffer
support for the greater time it may take for such retraining.
Stephen Boughner
Partner, NSIP Law

I continue to be excited about AI, the internet of things, virtual reality/
augmented reality, and many of the potential-use cases for these technologies
across various industries, including within the practice of law. But I'm also
cautious of [them] if left unchecked and unfettered, especially as they relate
to personal data privacy. As is often the case, technological innovation is
outpacing the law, but we must prioritize responsible and ethical practices
surrounding the collection, handling, and protection of personal data.
Yodi Hailemariam
Associate, Drinker Biddle & Reath LLP

The technologies I'm most excited about right now are cloud computing and
AI. I find cloud computing to be of particular interest because certain market
forces are pushing law firms into the cloud at rates never before seen. These
include the e-filing requirements being implemented by courts across the
country and the push by many law firms to move their products and customers
into cloud-based software solutions. As a result, lawyers are increasingly using
cloud computing tools to store documents, case files, communications, and
more, allowing for a more streamlined, centralized, and affordable way to
manage their law firms.
AI tools are likewise quite exciting, in large part due to their tremendous potential to reduce some of the tedium of the more mundane aspects of practicing
law by outsourcing those tasks to AI software, thus increasing law firm efficiency and profits. However, AI is also a technology about which I am quite
wary since if it's not properly regulated, it may have harmful societal effects.
One example is the use of AI facial recognition software by law enforcement.
These tools have been shown to be inaccurate and, as one example of the
biases built into their programming, often have difficulty interpreting faces
with darker skin tones.
Nicole Black
Legal Technology Evangelist, MyCase

As a patent attorney, I see emerging technologies in the AI space that are
at once exciting and worrisome. While cinematic portrayals of AI such as C-3PO
and the "Terminator" are extremely unlikely, AI has the potential to transform
society by automating many burdensome, specialized tasks that would once
have required a trained human being. However, doing so will transform the
labor market, and the beneficial effects that AI provides will be accompanied
by dangers that emerge as it is abused by malicious actors.
Jonathan Schlaifer
Associate, NSIP Law

Over the last 12 to 18 months, I have become particularly bullish on micromobility. As our populations continue to rise in urban areas, electric scooters,
community bikes, and other 'clean' tech are going to become more attractive
options within our cities. I am also excited about the ag-tech space. We are
seeing more and more companies pop up that are disrupting food and agriculture through urban farming techniques, as well as improving growing and
distribution. Technology is clearly permeating every marketplace. I think in
the next 5 to 10 years we will see it change the face of many of our largest
intuitional norms.
Chris DeMayo
Partner, Withum
OCTOBER 2019

WASHINGTON LAWYER

Washington Lawyer - October 2019

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