Federal Bar Association

13th Annual

Bankruptcy Ethics Symposium

November 18, 2016

The Emergence of Robot Lawyers: California

State Bar No. 93548 vs. Legal Zoom, the Cloud,

and YouTube

Honorable Deborah J. Saltzman | U.S. Bankruptcy Court

J. Scott Bovitz, Esq. | Bovitz & Spitzer

California State Bar No. 93548vs.

Legal Zoom,the Cloud,

YouTube, andRobot Lawyers

Hon. Deborah Saltzman, United States Bankruptcy Court, Central District of California; Chair, Information Technology Committee

J. Scott Bovitz, Bovitz & Spitzer

Federal Bar Association, 13th Annual Bankruptcy Ethics Symposium

November 18, 2016v 12.0

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Honorable Deborah J. Saltzman Appointment•Appointed March 18, 2010 by the United States Court of Appeals for the Ninth Circuit•Service in Riverside, Los Angeles and Northern Divisions•Chair, U.S. Bankruptcy Court, Information Technology Committee

Education•Amherst College, B.A., 1991, Phi Beta Kappa•Amherst debate team (debated Ted Cruz)•University of Virginia School of Law, J.D., 1996

Career Record•2008-2010: DLA Piper LLP (US)•2006-2008: Hennigan, Bennett & Dorman LLP•2001-2006; 1996-2000: O'Melveny & Myers LLP•2000-2001: Klee, Tuchin, Bogdanoff & Stern LLP•California Bar, 1996•Mentor to young people involved in the local chapter of the Young Storytellers Foundation (arts education non-profit operating primarily in Los Angeles)

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J. Scott BovitzBoard Certified, Business Bankruptcy Law, American Board of Certification(abcworld.org, 1993-present; Treasurer, 2016).

Certified Specialist, Bankruptcy Law, State Bar of California Board of Legal Specialization (californiaspecialist.org, 1993-present; Chair, 2005-2006).

Rated "AV Preeminent" by Martindale-Hubbell (martindale.com, AV rated, 1993-present).

Selected as Southern California "Super Lawyer" in Bankruptcy & Creditor/Debtor Rights (2004-present).

Committee of Bar Examiners, State Bar of California (2011-2014). Chair, Subcommittee on Operations & Management (2013-2014). Chair, Subcommittee on Examinations (2012-2013).

Contributing author, Norton Bankruptcy Law and Practice (west.thomson.com, 2008-present).

Coordinating editor, ABI Journal (American Bankruptcy Institute, 2014-present).

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Executive editor, Personal and Small Business Bankruptcy Practice in California (CEB.com, 2003-2006).

Adjunct Professor of Law, Loyola Law School, Los Angeles (lls.edu, 1982-1987).

Los Angeles Bankruptcy Forum (labankruptcyforum.org; President, 2000-2001).

California Bankruptcy Forum (calbf.org; CBF director, 1998-2001, 2008-2009; Education co-chair, 2001; Conference co-chair, 2004).

United States Bankruptcy Court, Central District of California, Information Technology Committee (2012-present).

Recording engineer, Los Angeles Lawyers Philharmonic and Gary S. Greene, Esq. and his Big Band of Barristers (lalawyersphil.org, 2009-present).

Senior partner of Bovitz & Spitzer (bovitz-spitzer.com, 1991-present).

California State Polytechnic University, Pomona, College of the Extended University: "Webmaster Certificate, Web Design Specialist" (1999).

Uses “bovitz.com” guitar picks as business cards.

5Frequent lecturer on ham radio topics (n6mi.com).

1906, lawyer associates start to earn salaries

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Milton C. Regan, Eat What You Kill, University of Michigan Press (2009), pp. 20-21:

…[Paul] Cravath [of Cravath, Swaine & Moore] broke with tradition by putting every associate on a salary. Prior to that, the firm had provided no compensation to associates, but simply provided them desk space in return for their assistance. The young lawyers had to support themselves from whatever business they could develop on their own. Cravath decreed that henceforth both partners and salaried associates must devote themselves exclusively to the practice of law “as a member of the Cravath team.”

J. Scott Bovitz, The Lawyer’s Toolkit: A 30-year Retrospective, 84 ABI Journal (2011):

Here are a few of the things that have changed in the past three decades.

In 1980, a lawyer started his or her day with stale black coffee and a chocolate donut. In 2011, the day starts with an “extra hot, skinny, no whip, Americano” and an organic muffin.

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In 1980, communications took place in meetings or by letter, fax, cable, or telegram (remember those?) and on telephone handsets designed in 1948.

In 1980, the average ratio was one law firm partner and one associate to one secretary.

In 1980, secretaries used carbon paper. Large firms and law schools owned finicky black and white photocopy machines. …

In 1980, court filings were blue-backed and carried by messengers.

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In 1980, document preparation started with an outline on a yellow pad, followed by dictation to a secretary, who wrote in shorthand.

Secretaries had typewriters without error correction. Legal secretaries were top spellers, editorsand letter-perfect typists. There were no modern word-processing features (e.g., spell check, track changes, cut and paste, etc.).

In 1980, every pleading was a custom project, typewritten in courier font.

When computers landed on lawyers’ desks, a controversy sprang up: Could a lawyer ethically bill a client for typing his own letter or pleading in WordPerfect 5.1?

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1983In 1983, when Bovitz was a young associate, he purchased a 45-pound “car phone.”

When Phones Went Mobile: Revisiting NPR's 1983 Story On Cellular, Sep. 27, 2016 (http://www.npr.org/sections/alltechconsidered/2016/09/27/495637751/when-phones-went-mobile-revisiting-nprs-1983-story-on-cellular):

"It's still pretty rare to see someone using a telephone in a car. But it's about to become a lot more common." That's how NPR host Jim Angle introduced a piece on Nov. 5, 1983, titled "Cellular Phones Are Completely Mobile" — the earliest mention of the term found in NPR's archives. … She predicts that by the end of 1984, cellular mobile phones will be operating "in New York, Detroit and other major American cities.“ ..

David's swanky car setup cost him $3,300 for the hardware: a phone, "a transmitting box the size of a small briefcase that fits into his trunk" and something Wagner calls "wiring charges." In addition, the service itself cost on average roughly $2,000 a year.

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Hub of ethics resourceshttp://ethics.calbar.ca.gov:

• California Rules of Professional Conduct

• The State Bar Act - Business & Professions Code §§ 6000 et seq. (See Div. 3, Chapter 4 Attorneys)

• Selected Statutes Regarding Professional Conduct, Discipline of Attorneys, and Duties of the State Bar Court

• Attorney Civility and Professionalism

• Supreme Court Order S158605 Regarding the State Bar IOLTA Program

• Rules and Regulations Pertaining to Lawyer Referral Services

• Out-of-State Attorney Arbitration Counsel Program (OSAAC)

• Mandatory Fee Arbitration11

Ethics and technology resourceshttp://ethics.calbar.ca.gov/Ethics/EthicsTechnologyResources.aspx:

• Online Communication (email, chat, blogs, etc...)

• Electronic Files (cloud computing, ediscovery, metadata, virtual law office, etc...)

• Advertising (website and email content issues)

• Social Media

• Internet/Email Scams

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Does an attorney-client relationship arise when answering a question on a talk radio show?The State Bar of California Standing Committee on Professional Responsibility and Conduct, Formal Opinion No. 2003-164 (http://ethics.calbar.ca.gov/LinkClick.aspx?fileticket=tdI0awT-KcE%3d&tabid=838):

ISSUE: May an attorney-client relationship be formed with an attorney who answers specific legal questions posed by persons with whom the attorney has not previously established an attorney-client relationship on a radio call-in show or other similar format?

DIGEST: The context of a radio call-in show or other similar format is unlikely to support a reasonable belief by the caller that the attorney fielding questions is agreeing implicitly to act as the caller’s attorney or to assume any of the duties that flow from an attorney-client relationship.

AUTHORITIES INTERPRETED: Rules 3-110, 3-300 and 3-310 of the Rules of Professional Conduct of the State Bar of California. Business and Professions Code section 6068, subdivision (e). Evidence Code sections 951, 952.

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The State Bar of California Standing Committee on Professional Responsibility and Conduct, Formal Opinion No. 2003-164 (http://ethics.calbar.ca.gov/LinkClick.aspx?fileticket=tdI0awT-KcE%3d&tabid=838):

An attorney-client relationship can be created by express or implied agreement. Except when created by court appointment, the attorney-client relationship may be found to exist based on the intent and conduct of the parties and the reasonable expectations of the potential client. (See, e.g., Flatt v. Superior Court (1994) 9 Cal.4th 275, 281, fn. 1 [36 Cal.Rptr.2d 537] [discussing the factual nature of determining whether an attorney-client relationship has been formed]; Hecht v. Superior Court (1987) 192 Cal.App.3d 560, 565 [237 Cal.Rptr. 528] [the determination that an attorney-client relationship exists ultimately is based on the objective evidence of the parties’ conduct]; Fox v. Pollack (1986) 181 Cal.App.3d 954 [226 Cal.Rptr. 532] [absent some objective evidence of an agreement to represent plaintiffs, it is not sufficient that plaintiffs “thought” defendant was their attorney].) On the facts presented to us, Attorney has not agreed explicitly to form an attorney-client relationship with the callers. Hence, any attorney-client relationship would have to be implied from the circumstances. This question is of vital importance to Attorney because if Attorney were to form an implied-in-fact attorney-client relationship with a caller, then Attorney would be obligated to comply with all of the professional responsibilities owed to a client. Among the responsibilities ordinarily owed a client are confidentiality, loyalty, and competency. The fact that the attorney does not charge a fee or receive consideration for services provided does not relieve an attorney of his or her professional responsibilities if the totality of the circumstances indicates an attorney-client relationship has been formed. 14

Does an attorney-client relationship arise when answering a question posted on a public blog?Larry Doyle, The Ethics of Attorney Blogging, California Bar Journal (October 2016), http://apps.calbar.ca.gov/mcleselfstudy/mcle_home.aspx?testID=90:

What ethical issues does blogging raise for attorneys, and how can they avoid problems? … A third issue relating to attorney blogging concerns potential pitfalls stemming from a blog’s interactivity. Interactivity -- the ability of readers to comment on blogs and potentially engage in a dialogue with the blog’s owner -- is an important feature that distinguishes blogs from simple online articles. It also raises the same issues regarding the provision of legal advice and formation of attorney-client relationships as any other means of website communication provided by the lawyer.

In California Formal Opinion 2003-164, COPRAC opined that whether an attorney-client relationship was formed on the basis of the attorney responding to questions from a client was based “on the totality of the circumstances.” Under most circumstances, of course, it will not be reasonable for a commentator on a blog to assume the formation of an attorney-client relationship based on the authoring attorney’s response to his or her questions in a public forum. Even so, inclusion on site of a disclaimer to this effect is a wise course.

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Business & Professions Code §60686068. It is the duty of an attorney to do all of the following:

(a) To support the Constitution and laws of the United States and of this state.

(b) To maintain the respect due to the courts of justice and judicial officers.

(c) To counsel or maintain those actions, proceedings, or defenses only as appear to him or her legal or just, except the defense of a person charged with a public offense.

(d) To employ, for the purpose of maintaining the causes confided to him or her those means only as are consistent with truth, and never to seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.

(e) (1) To maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client. …

(f) To advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he or she is charged. …

(m) To respond promptly to reasonable status inquiries of clients and to keep clients reasonably informed of significant developments in matters with regard to which the attorney has agreed to provide legal services.

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Blogging about your client (confidences lost) and “dissin” your judge (B&PC §6068(b))Office of Lawyer Regulation v. Peshek (In re Peshek), 798 N.W.2d 879, 880, (Wis., 2011):

On May 18, 2010, the Illinois Supreme Court suspended Attorney Peshek's Illinois law license for 60 days, effective June 8, 2010, based on two counts of misconduct. … Attorney Peshek's misconduct in Illinois consisted of publishing a blog with information related to her legal work from June of 2007 to April of 2008. The public blog contained confidential information about her clients and derogatory comments about judges. The blog had information sufficient to identify those clients and judges using public sources. … traumatic event that led to the stress Attorney Peshek attempted to resolve through writing a blog about her experiences as a public defender. The stressful incident occurred when Attorney Peshek was representing a criminal defendant at his trial for home invasion and armed robbery. In open court during the trial, the client punched Attorney Peshek in the face, resulting in Attorney Peshek suffering a concussion and other physical injuries. … Counsel advised the panel that Attorney Peshek began the blog about her thoughts and experiences to help her deal with her stressful situation. At no time did she discern any risk of disclosing client confidences, because she believed she adequately concealed her clients' identities to avoid inappropriate disclosure.

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Goldberg -- insulting the judgeGoldberg v. Mount Sinai Med. Ctr. of Greater Miami, Inc. (In re S. Beach Cmty. Hosp., LLC), 2007 Bankr. LEXIS 2780 (U.S. Bankr. S.D. Fla. 2007):

...South Beach Community Hospital, LLC...filed for protection under Chapter 11.... During the hearing on May 7, while arguing to the Court, Mr. Smith made the following comment -- "I suggest with respect, Your Honor, that you're a few French fries short of a Happy Meal in terms of what's likely to take place." ... there is no jurisdiction in the United States, including in the district where Mr. Smith regularly practices, where the expression and tone Mr. Smith used would fall within the bounds of professional behavior. ... nowhere in the rules of professionalism, or civility for that matter, is there a justification for the manner in which Mr. Smith addressed this Court, no matter how legitimate the underlying sentiment might have been. As evidenced by Mr. Smith's tone and demeanor, Mr. Smith's use of the phrase was intentional and was not meant in jest. Furthermore, there was no attempt by Mr. Smith at any time to retract, or apologize for, his poor choice of words or manner.

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Confidential information from a web visitor or in a cold telephone call?The State Bar of California Standing Committee on Professional Responsibility and Conduct, Formal Opinion No. 2005-168 (http://ethics.calbar.ca.gov/LinkClick.aspx?fileticket=Hqf7ODIElk0%3d&tabid=838):

ISSUE: Does a lawyer who provides electronic means on his web site for visitors to submit legal questions owe a duty of confidentiality to visitors who accept that offer but whom the lawyer elects not to accept as clients, if the attorney disclaims formation of an attorney-client relationship and a “confidential relationship”?

DIGEST: A lawyer who provides to web site visitors who are seeking legal services and advice a means for communicating with him, whether by e-mail or some other form of electronic communication on his web site, may effectively disclaim owing a duty of confidentiality to web-site visitors only if the disclaimer is in sufficiently plain terms to defeat the visitors’ reasonable belief that the lawyer is consulting confidentially with the visitor. Simply having a visitor agree that an “attorney-client relationship” or “confidential relationship” is not formed would not defeat a visitor’s reasonable understanding that the information submitted to the lawyer on the lawyer’s web site is subject to confidentiality. In this context, if the lawyer has received confidential information from the visitor that is relevant to a matter in which the lawyer represents a person with interests adverse to the visitor, acquisition of confidential information may result in the lawyer being disqualified from representing either.

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Robert Shapiro, 2016http://www.glaserweil.com/index.php/page/attorneys/robert-shapiro:

Internationally renowned litigator Robert Shapiro is a senior partner at Los Angeles-based Glaser Weil Fink Jacobs Howard Avchen & Shapiro, LLP. … Mr. Shapiro has a reputation for being a zealous advocate for his clients. … “The Search for Justice: A Defense Attorney’s Brief on the O.J. Simpson Case,” by Robert L. Shapiro, 1996.

If you use Legal Zoom, has Robert Shapiro become your attorney?

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Disclaimer at bottom of Legal Zoom sitehttps://www.legalzoom.com/join-attorney-network.html:

© LegalZoom.com, Inc. All rights reserved.

AdChoices | View Site Directory

Disclaimer: Communications between you and LegalZoom are protected by our Privacy Policy but not by the attorney-client privilege or as work product. LegalZoom provides access to independent attorneys and self-help services at your specific direction. We are not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies. Your access to the website is subject to our Terms of Use.

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Legal Zoom disclaimer -- is it enough to prevent the formation of an attorney-client relationship?Lindzey Shindler, Skirting the Ethical Line: the Quandary of Online Legal Forms, Chapman Law Review, 16 Chap. L. Rev. 185 (Spring 2012) (http://www.chapmanlawreview.com/archives/69, last checked October 27, 2016):

LegalZoom has a ten-paragraph disclaimer that, among other things, states that LegalZoom is not a law firm, its services are not to be substituted for the advice of an attorney, and that it does not act as the consumer’s attorney. The disclaimer further asserts that the website does not provide legal advice, but only self-help services at the consumer’s specific direction, and that it cannot engage in the practice of law. The disclaimer also states that while it provides general information on common legal issues, no attorney-client relationship is established by use of the site...the forms on the website up-to-date, they are not guaranteed to be current, or even accurate, in every jurisdiction. Lastly, the disclaimer states that LegalZoom should be used at the consumer’s risk, as “LegalZoom is not responsible for any loss, injury, claim, liability, or damage related to [the] use of [the] site.” Furthermore, before receiving their legal documents, the consumer must acknowledge that LegalZoom did not supply the consumer with any advice, explanation or representation about any legal rights.

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If a non-attorney posts a do-it-yourself (DIY) form on the Internet, is she engaged in practice of law across the United States?Lindzey Shindler, Skirting the Ethical Line: the Quandary of Online Legal Forms, Chapman Law Review, 16 Chap. L. Rev. 185 (Spring 2012) (http://www.chapmanlawreview.com/archives/69, last checked October 27, 2016):

One of the best-publicized websites that allows consumers the option to create their own legal documents at “affordable” rates is LegalZoom.com (“LegalZoom”). Co-founded in 2001 by Robert Shapiro, LegalZoom provides online services to all fifty states and guarantees 100% satisfaction on all of its trial-tested forms, which range from business incorporations and copyrights to divorces and wills and trusts, with much more in between. Despite the satisfaction guarantee and comprehensive legal disclaimer, LegalZoom has been named in class action lawsuits initiated by private attorneys who contend that LegalZoom’s website provides services amounting to the unauthorized practice of law. …

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But now Legal Zoom has become a law firm and a lawyer referral servicehttps://www.legalzoom.com/attorneys:

Get legal help when you need it with a prepaid legal plan.Our prepaid legal plans offer you unlimited 30-minute consultations on new legal matters for one low monthly fee. Pick a plan and start today. … Pricing as low as $31.25/month. … Multi-month membership terms billed in one payment. Your membership will continue at the term you selected and renew automatically until you cancel.

https://www.legalzoom.com/join-attorney-network.html:

Our plans are serviced by independent attorneys licensed in their respective states. … Customers request consultations and get connected with a Plan attorney licensed to practice in their state.

Our Local Attorney Directory is an internal tool for Plan attorneys to refer people to attorneys in their state. It's the easiest way to refer our customers when they have a legal need that falls outside the scope of our plans. It is completely free to join the directory. The only requirement is that LegalZoom customers referred through the directory receive a 25% discount off the attorney's regular reasonable rate (excluding matters taken on a contingency basis or set by statute).

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Is there really any difference between publishing a substantive treatise, printing a law review article, posting a short case update on the law firm’s website, and providing a fill-in-the blanks form with questions and tips for filling out the form?

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Cloud and technology risks in 2016Andrew Beckerman-Rodau, Ethical Risks from the Use of Technology, Rutgers Computer and Technology Law Journal, 2004 (http://www.lawprofessor.org/resources/pdf/articles/ethics-article.pdf, last checked October 27, 2016):

The pervasive use of modern technology has resulted in law firms increasingly creating and maintaining files, litigation materials, confidential client information and other data in digital form. This form of data is easy to update, transfer and search. Hence, it can save time and increase efficiency while minimizing errors. Nevertheless, certain risks accompany use of digital data. For example, client data must be maintained in confidence. It must be preserved so that it can be recovered in the future if it is needed. Also, it must be preserved such that it can be produced with reasonable assurance it is in its original unmodified form. These risks create the potential for an attorney to run afoul of rules of professional conduct. To avoid this, an attorney today must be both cognizant of these risks and take reasonable steps to minimize such risks. This article will identify these risks, identify the applicable rules of professional conduct and suggest reasonable actions an attorney must take to avoid violating these rules.

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The cloud -- confidentiality and competenceThe State Bar of California Standing Committee on Professional Responsibility and Conduct, Formal Opinion No. 2010-179 (http://ethics.calbar.ca.gov/LinkClick.aspx?fileticket=wmqECiHp7h4%3d&tabid=837):

Does an attorney violate the duties of confidentiality and competence he or she owes to a client by using technology to transmit or store confidential client information when the technology may be susceptible to unauthorized access by third parties?

Whether an attorney violates his or her duties of confidentiality and competence when using technology to transmit or store confidential client information will depend on the particular technology being used and the circumstances surrounding such use. Before using a particular technology in the course of representing a client, an attorney must take appropriate steps to evaluate: 1) the level of security attendant to the use of that technology, including whether reasonable precautions may be taken when using the technology to increase the level of security; 2) the legal ramifications to a third party who intercepts, accesses or exceeds authorized use of the electronic information; 3) the degree of sensitivity of the information; 4) the possible impact on the client of an inadvertent disclosure of privileged or confidential information or work product; 5) the urgency of the situation; and 6) the client’s instructions and circumstances, such as access by others to the client’s devices and communications.

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Wikileaks.org -- e-mail can be hackedHillary Rodham passed the Arkansas bar and was a former faculty member with the University of Arkansas, Fayetteville School of Law. (http://www.snopes.com/politics/clintons/barexam.asp).

See, https://wikileaks.org/clinton-emails:

On March 16, 2016 WikiLeaks launched a searchable archive for 30,322 emails & email attachments sent to and from Hillary Clinton's private email server while she was Secretary of State. The 50,547 pages of documents span from 30 June 2010 to 12 August 2014. 7,570 of the documents were sent by Hillary Clinton. The emails were made available in the form of thousands of PDFs by the US State Department as a result of a Freedom of Information Act request. The final PDFs were made available on February 29, 2016.

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Software as a service (Timeslips)http://www.americanbar.org/groups/departments_offices/legal_technology_resources/resources/charts_fyis/saas.html:

Most legal software follows the traditional software model: attorneys purchase the software by license (individually or in bulk) and install it onto their computers via disk or download. … In recent years, a new software model has emerged: Software as a Service (or "SaaS"). SaaS is distinguished from traditional software in several ways. Rather than installing the software to your computer or the firm's server, SaaS is accessed via a web browser (like Internet Explorer or FireFox) over the Internet. Data is stored in the vendor's data center rather than on the firm's computers. Upgrades and updates, both major and minor, are rolled out continuously. And perhaps most importantly, SaaS is usually sold on a subscription model, meaning that users pay a monthly fee rather than purchasing a license up front. …

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Software as a serviceCloud ethics opinions (http://www.americanbar.org/groups/departments_offices/legal_technology_resources/resources/charts_fyis/cloud-ethics-chart.html):

Broadly defined, cloud computing (or "Software as a Service") refers to a category of software that's delivered over the Internet via a Web browser (like Internet Explorer) rather than installed directly onto the user's computer. The cloud offers certain advantages in terms of minimal upfront costs, flexibility and mobility, and ease of use. Because cloud computing places data- - including client data -- on remote servers outside of the lawyer's direct control, it has given rise to some concerns regarding its acceptability under applicable ethics rules.

California [requires] “reasonable care.” Evaluate the nature of the technology, available security precautions, and limitations on third-party access. Consult an expert if lawyer's technology expertise is lacking. Weigh the sensitivity of the data, the impact of disclosure on the client, the urgency of the situation, and the client's instructions.

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http://www.americanbar.org/groups/departments_offices/legal_technology_resources/resources/charts_fyis/saas.html:

Another fundamental difference between SaaS and traditional legal software is that SaaS solutions store the user's data -- such as documents, contacts, notes, billing information, and more -- on remote servers rather than on the user's own computer. Given that one of an attorney's foremost duties is to safeguard client confidentiality, attorneys are understandably wary about placing client files on a vendor's servers. Indeed, the issue extends beyond just confidentiality: attorneys must be sure that the files will be secure from destruction or degradation (whether from system failure, natural disaster, or dissolution of the vendor's business), and they must be able to retrieve the data in a form that's usable outside of the vendor's product. On the other hand, a legitimate argument can be made that files stored on the vendor's servers are more secure than those located on a typical attorney's PC, as the vendors often employ elaborate security measures and multiple redundant backups in their data centers. Some questions/issues to consider with regard to ethics/security: How does the vendor safeguard the privacy/confidentiality of stored data? How often is the user's data backed up? Does the vendor backup data in multiple data centers in different geographic locations to safeguard against natural disaster? What is the history of the vendor? … Can I get my data "off" their servers for my own offline use/backup? If I decide to cancel my subscription to the software, will I get my data? Is data supplied in a non-proprietary format that is compatible with other software? Does the vendor's Terms of Service or Service Level Agreement address confidentiality and security? If not, would the vendor be willing to sign a confidentiality agreement in keeping with your professional responsibilities?

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YouTube -- another advertising “channel”Go to google.com. Type in “attorneys on YouTube.” You will see about 22,000,000 results (as of October 28, 2016), including Richard Jacobs, http://www.speakeasymarketinginc.com/leveraging-youtube-the-non-sleazy-way:

People search for information, not sales pitches. … You must provide easily-digestible, straight-to-the-point, snippets of information whenever you write content, make videos, and put your marketing message out there, no matter if it’s on TV, Radio, internet, YouTube, in print, etc. Here’s a simple formula for using YouTube to improve your law practice by getting more clients watching your videos and calling you.

1. Think of the most common questions, reservations, misconceptions, issues, and fears your clients have that you hear over and over and over and over again. THIS is what people want to know – otherwise, why would they ask you the same stuff so often?

2. Think of the most common issues that new clients are unaware of that you have to bring up in most of your initial consultations. This is the stuff they SHOULD be asking or must know but don’t even know to ask.

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Benefits of YouTube advertisingAmy Baker, The Top 10 Benefits of YouTube Advertising, http://www.360degreemarketing.com.au/Blog/bid/403377/The-Top-10-Benefits-of-YouTube-Advertising:

YouTube allows you to connect with potential customers in a memorable way at the exact moment they perform a keyword search related to your business. … There are over 1 billion unique visits to YouTube each month with visitors watching over six billion hours of video. With YouTube advertising you can use precision targeting based on demographics, location, interests, viewing devices (laptop, cell phone, tablet, etc.) and even time of day to ensure that your message gets in front of the right people. … YouTube ads can run forever. … You do not need a large marketing budget to advertise effectively on YouTube. … to measure the success of your ad campaign. With traditional advertising channels it is almost impossible to determine if you have really reached your target audience. With Google AdWords you have free access to analytics reports. … Closely related to measurability is adjustability. When you understand the people interacting with your ad, you can tailor your campaign to better suit them; thus, increasing your chances of engagement.

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Disadvantages of YouTube advertisingJames Dean Fairley, The Pros and Cons of YouTube Business Marketing, https://www.linkedin.com/pulse/pros-cons-youtube-business-marketing-james-dean-fairley?trk=pulse-det-nav_art:

Viewers may like the video and be entertained by it, but may not be inspired or compelled to follow on with the opt-in or support to the business. … YouTube has certain restrictions on videos posted on its platform that limits the dynamism of the video as a promotional business video. … With this free posting platform, all sorts of active user interactions are permitted. Hence, it is worrisome for entrepreneurs or marketers to receive poor or negative reviews on their promotional videos which could not be erased or hidden from view. This would form the entrepreneur or marketer’s worst nightmare which could be detrimental to the business reputation. … A lot of hard work is required to generate a captivating video to survive the harsh competition on YouTube as related videos are placed on the same page by the platform system.

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More disadvantages of YouTubeBovitz says:

Most videos are done on the cheap (think “$30 Film School”) without a professional director, videographer, sound engineer, and editor. The video leaves a bad impression.

Most videos are boring. “I’m attorney Bob Smith. I will fight for you.”

After you post your video, you might put on 20 pounds (I hope not) and look a little older (I hope so).

An attorney’s substantive video could be used to impeach her expert witness testimony.

A client’s video can be used to impeach substantive testimony or leave a bad impression with the court (when the video is submitted as evidence).

Attorney videos are subject to State Bar ethics rules.

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Rules on attorney advertisingThe State Bar of California Standing Committee on Professional Responsibility and Conduct, Formal Opinion No. 2012-186 (http://ethics.calbar.ca.gov/Portals/9/documents/Opinions/CAL%202012-186%20%2812-21-12%29.pdf):

Under what circumstances would an attorney’s postings on social media websites be subject to professional responsibility rules and standards governing attorney advertising?

Material posted by an attorney on a social media website will be subject to professional responsibility rules and standards governing attorney advertising if that material constitutes a “communication” within the meaning of rule 1-400 (Advertising and Solicitation) of the Rules of Professional Conduct of the State Bar of California; or (2) “advertising by electronic media” within the meaning of Article 9.5 (Legal Advertising) of the State Bar Act. The restrictions imposed by the professional responsibility rules and standards governing attorney advertising are not relaxed merely because such compliance might be more difficult or awkward in a social media setting.

Rule 1-400 of the Rules of Professional Conduct of the State Bar of California. Business and Professions Code section 6106, 6151, and 6152. Business and Professions Code sections 6157 through 6159.2.

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The State Bar of California Standing Committee on Professional Responsibility and Conduct, Formal Opinion No. 2012-186 (http://ethics.calbar.ca.gov/Portals/9/documents/Opinions/CAL%202012-186%20%2812-21-12%29.pdf):

Although attorneys are permitted to advertise, any such advertisements must comply with a number of restrictions in both the Rules of Professional Conduct and the Business and Professions Code.

For example, Business and Professions Code section 6157.1 prohibits any “false, misleading or deceptive statement” in an advertisement, while section 6157.2 prohibits including in an advertisement any “guarantee or warranty regarding the outcome of a legal matter.” Bus. & Prof. Code, §§ 6157.1 and 6157.2; see also rule 1-400, Std. 1. [California Rule of Professional Conduct] Rule 1-400 provides even more detailed requirements with which attorney advertising must comply. Specifically, rule 1-400(D) provides rules that must be followed to ensure that a communication is not false or misleading, or made in a coercive manner. Rule 1-400 also provides sixteen enumerated “Standards” listing examples of communications which are presumed to be in violation of rule 1-400.

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Rule 1-400 (http://rules.calbar.ca.gov/Rules/RulesofProfessionalConduct/CurrentRules.aspx)

(A) For purposes of this rule, "communication" means any message or offer made by or on behalf of a member concerning the availability for professional employment of a member or a law firm directed to any former, present, or prospective client, including but not limited to the following:

• Any use of firm name, trade name, fictitious name, or other professional designation of such member or law firm; or

• Any stationery, letterhead, business card, sign, brochure, or other comparable written material describing such member, law firm, or lawyers; or

• Any advertisement (regardless of medium) of such member or law firm directed to the general public or any substantial portion thereof; or

• Any unsolicited correspondence from a member or law firm directed to any person or entity.

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Rule 1-400 (http://rules.calbar.ca.gov/Rules/RulesofProfessionalConduct/CurrentRules.aspx)

(D) A communication … (as defined herein) shall not:

(1) Contain any untrue statement; or(2) Contain any matter, or present or arrange any matter in a manner or format which is false, deceptive, or which tends to confuse, deceive, or mislead the public; or(3) Omit to state any fact necessary to make the statements made, in the light of circumstances under which they are made, not misleading to the public; or(4) Fail to indicate clearly, expressly, or by context, that it is a communication or solicitation, as the case may be; or(5) Be transmitted in any manner which involves intrusion, coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct.(6) State that a member is a "certified specialist" unless the member holds a current certificate as a specialist issued by the Board of Legal Specialization, or any other entity accredited by the State Bar to designate specialists pursuant to standards adopted by the Board of Governors, and states the complete name of the entity which granted certification.

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You, too, can become a certified specialistGo to http://ls.calbar.ca.gov/LegalSpecialization.aspx for details on State Bar of California, Board of Legal Specialization certification in bankruptcy.

Go to http://www.abcworld.org for details on the national certification programs in business bankruptcy, consumer bankruptcy, and creditors’ rights.

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Pursuant to rule 1-400(e), the Board of Governors of the State Bar [Board of Trustees] has adopted the following standards, presumed to be in violation of rule 1-400(1) A "communication" which contains guarantees, warranties, or predictions regarding the result of the

representation.

(2) A "communication" which contains testimonials about or endorsements of a member unless such communication also contains an express disclaimer such as "this testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.” …

(12) A "communication," except professional announcements, in the form of an advertisement primarily directed to seeking professional employment primarily for pecuniary gain transmitted to the general public or any substantial portion thereof by mail or equivalent means or by means of television, radio, newspaper, magazine or other form of commercial mass media which does not state the name of the member responsible for the communication. …

(13) A "communication" which contains a dramatization unless such communication contains a disclaimer which states "this is a dramatization" or words of similar import.

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(15) A "communication" which states or implies that a member is able to provide legal services in a language other than English unless the member can actually provide legal services in such language or the communication also states in the language of the communication (a) the employment title of the person who speaks such language and (b) that the person is not a member of the State Bar of California, if that is the case.

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Real time translation between languagesWill technology moot this standard about communications (advertisements) to clients who speak a primary language other than English? See standard 15 to Rule 1-400(E) about one type of misleading communication: “(15) A ‘communication’ which states or implies that a member is able to provide legal services in a language other than English unless the member can actually provide legal services in such language or the communication also states in the language of the communication (a) the employment title of the person who speaks such language and (b) that the person is not a member of the State Bar of California, if that is the case.”

Bovitz: Your iPhone already does a pretty good job of translating English spoken with lots of background noises and chatter. The app, SayHi Translate (https://itunes.apple.com/us/app/sayhi-translate/id437818260?mt=8), does a good job between English and major European languages.

Does it matter if the communications goes up into the Cloud, through Apple’s computer bank in Cupertino, and back? Does Apple keep every request you make to Siri?

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Big data and predictive analyticsCasey C. Sullivan, Will Predictive Analytics Change How You Practice? August 15, 2016 (http://blogs.findlaw.com/strategist/2016/08/will-predictive-analytics-change-how-you-practice.html):

Google uses data analytics to get the search results (and advertisements) it thinks are right for you. Wall Street looks to big data to help manage investment risk. Even police mine banking data to spot human trafficking. Data analytics are changing how many industries work today, and they could soon reshape how you practice the law. …

In the legal sphere, big data is still in its "nascent stage," according to Juristat's Sarah Garber, who recently called predictive analytics part of the "future of legal tech." By gathering and analyzing data on how judges have ruled, for example, we can predict which litigation strategies might be most successful, or identify the most persuasive precedent. Garber writes: “While this type of analytics can't tell an attorney whether this judge is particular about staying behind a podium during cross examination or likes his motions in a particular font size, it does allow an attorney to craft an argument using a judge's favorite case. In addition, such analytics can inform an attorney's strategy in litigating a particular case in terms of filing motions that a judge is likely to grant, rather than spending a client's time and money on motions that a judge hardly ever accepts.”

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Legal, by Lex Machina (predictive analytics)https://lexmachina.com/what-we-do:

Legal by Lex Machina…mines public court documents [e.g., PACER] using natural language processing to help predict how a judge will rule in a certain type of case.

https://lexmachina.com/what-we-do/how-it-works:

Lex Machina captures data by crawling PACER, the ITC’s EDIS, and the USPTO website every 24 hours.

Lex Machina cleans, codes, and tags all data using Lexpressions™, our proprietary Natural Language Processing and Machine Learning engine. For every case, Lex Machina extracts the players involved, including the attorneys, law firms, parties, and judges. We identify asserted properties (such as patents), findings, and outcomes, including any damages awarded. We also build a detailed timeline linking all the briefs, motions, orders, opinions, and other filings for every case.

Lex Machina then delivers Legal Analytics® to users through its web application.

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Lex Machina’s analysis of Judge SaltzmanJudge Saltzman is fascinated by practical technology, enjoys sharing good food with friends, does not take herself too seriously, and requires that everyone be scrupulously honest with the Court.

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Do not confuse Lex Machina (2016 big data software) with “Ex Machina” (a compelling film from 2015).

Dr. Phil, trial scienceSee http://www.drphil.com/videos/dr-phil-on-how-his-former-career-inspired-the-new-drama-bull (September 20, 2016):

Before Dr. Phil was TV’s #1 psychologist, he was one of the best trial consultants. His former career in the courtroom is the inspiration for Bull, a new CBS primetime drama starring former NCIS star Michael Weatherly.

Watch the video … to go behind the scenes at Bull and to hear Weatherly interview Dr. Phil about his life before TV and how it inspired Bull. Hear how it feels for Dr. Phil to see his life on TV, what his life was like as a jury consultant and what he hopes people will learn about juries and trial science.

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Predictive analytics/due diligence onjurors and parties

Natalie Vance and Heather Rosing, Using social media to research jurors, Los Angeles Daily Journal, July 22, 2016:

The rise of social media has made obtaining information about the personal and professional lives of complete strangers accessible to the masses through a simple internet search. A few courts have gone so far as to suggest that with respect to jurors, online investigation is not only permissible, but expected. See, e.g., Johnson v. McCullough, 306 S.W.3d 551 (Mo. 2010) (criticizing party who waited until after verdict to disclose juror's misrepresentation about litigation history in voir dire when online history could have been obtained during trial); Carino v. Muenzen, A-5491-08T1 (N.J. Sup. Ct. App. Div. Aug. 30, 2010) (criticizing trial judge for restricting plaintiff's counsel from conducting online research during voir dire where both parties had internet access). Several recent ethics opinions have raised concerns about online juror research, however. In 2012, the New York City Bar Association analyzed the ethics of viewing jurors' social media postings under Rule 3.5, patterned after the Model Rule which prohibits communications between attorneys and potential jurors during trial. See NYCBA Formal Opinion 2012-2, Juror Research and Social Media.

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Experts systems in law?R.E. Susskind, Expert Systems in Law:A Jurisprudential Approach to Artificial Intelligence and Legal Reasoning, 49 Mod. L. Rev. 168 (1986)

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Computers in 1986

Photo by Bilby - Own work, CC BY 3.0, https://commons.wikimedia.org/w/index.php?curid=1111972751

Computer, as an editorMicrosoft Word will check your spelling and grammar.

After the deadline (http://www.polishmywriting.com) will buff up your turgid text for free if you use the demonstration mode.

Word Rake (workrake.com) is a favorite of some:

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Computer, as creative writerElle Hunt, Nonsense paper written by iOS autocomplete accepted for conference, The Guardian (October 21, 2016), https://www.theguardian.com/science/2016/oct/22/nonsense-paper-written-by-ios-autocomplete-accepted-for-conference:

A nonsensical academic paper on nuclear physics written only by iOS autocomplete has been accepted for a scientific conference.

Christoph Bartneck, an associate professor at the Human Interface Technology laboratory at the University of Canterbury in New Zealand, received an email inviting him to submit a paper to the International Conference on Atomic and Nuclear Physics in the US in November. “Since I have practically no knowledge of nuclear physics I resorted to iOS autocomplete function to help me writing the paper,” he wrote in a blog post on Thursday. “I started a sentence with ‘atomic’ or ‘nuclear’ and then randomly hit the autocomplete suggestions. “The text really does not make any sense.”

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SCIgen -- automatic paper generatorhttps://pdos.csail.mit.edu/archive/scigen and https://en.wikipedia.org/wiki/SCIgen:

SCIgen is a computer program that uses context-free grammar to randomly generate nonsense in the form of computer science research papers. All elements of the papers are formed, including graphs, diagrams, and citations. Created by scientists at the Massachusetts Institute of Technology, its stated aim is "to maximize amusement, rather than coherence.“ …

Sample output:

Opening abstract of Rooter: A Methodology for the Typical Unification of Access Points and Redundancy:

Many physicists would agree that, had it not been for congestion control, the evaluation of web browsers might never have occurred. In fact, few hackers worldwide would disagree with the essential unification of voice-over-IP and public/private key pair. In order to solve this riddle, we confirm that SMPs can be made stochastic, cacheable, and interposable.

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Legal expert systemshttps://en.wikipedia.org/wiki/Legal_expert_system:

Lawyers were originally identified as primary target users of legal expert systems. Potential motivations for this work included: speedier delivery of legal advice; reduced time spent in repetitive, labour intensive legal tasks; development of knowledge management techniques that were not dependent on staff; reduced overhead and labour costs and higher profitability for law firms; and reduced fees for clients.

Some early development work was oriented toward the creation of automated judges.

Later work on legal expert systems has identified potential benefits to non-lawyers as a means to increase access to legal knowledge.

Legal expert systems can also support administrative processes, facilitating decision making processes, automating rule-based analyses and exchanging information directly with citizen-users.

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Electronic discovery, artificial intelligenceAlbert Krachman, U.S. Patent, US6738760 B1, Method and system for providing electronic discovery on computer databases and archives using artificial intelligence to recover legally relevant data, May 18, 2004, https://www.google.com/patents/US6738760:

The present invention is drawn to a method and system for providing electronic discovery on computer databases and archives using Artificial Intelligence (AI). More particularly, the present invention uses AI search technology to apply sophisticated algorithms and probabilities to search computer databases and archives for data most relevant to legal activity such as litigation, regulatory proceedings, regulatory compliance, mergers & acquisitions, due diligence inquiries, Freedom of Information Act (FOIA) requests, and criminal law enforcement. … Businesses today maintain massive volumes of electronic and paper data. In dispute resolution, parties are often called on to sift through and produce relevant data, a process that is extremely labor-intensive and expensive. … Applying AI to discovery-related input parameters, requesting parties reviewing data on their systems or reviewing others data, can employ smart search agents or “bots” against data to search for and extract legally responsive data. The AI software can be plugged directly into the database targets or analyzed off-site through referenced copies. Likewise, responding parties can use the technology on their computer systems to access legal issues (such as liability or compliance), produce responsive data, fine-tune their document retention system, and manage the creation of any new responsive data. It is an object of the invention to provide legally trained, AI-based electronic discovery on computer systems, databases and archives using artificial intelligence to produce legally relevant output against any data, either originally captured or translated into electronic form.

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Electronic discovery productsTop Electronic Discovery Software Products, http://www.capterra.com/electronic-discovery-software.

Logikcull, http://campaigns.logikcull.com/electronic-discovery-capterra (“Automate the Process of e-Discovery & Data Management for Litigation & Investigations”). On the site, Brittany A. Sakowitz of Vinson & Elkins, LLP says, “Instant archiving has saved me countless hours of sifting through old or outdated project files. And yet all the data is still there in a touch of a button.”

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A brief history of bankruptcy practice aids1888: pre-drafted indentures (with blanks) as shown on Leon Bayer’s office wall

1971: Nolo Press

1977: 3M Post-it Notes introduced

1982: Wolcott forms (petition package with blanks)

1983: CEB practice guides

1993: bankruptcy forms package (Best Case)

2001: Legal Zoom

2011: Google

2016: eSR58

Bankruptcy petition preparation softwareBankruptcy Petition Preparers Software Vendor List, http://www.flsb.uscourts.gov/?page_id=5134 (Best Case Software, Bankruptcy Esq., BankruptcyPro, CINcompass, Collier Top Form, Electronic Processing, Inc., FreshStart Bankruptcy Sofware).

Best Case Bankruptcy

*https://bestcase.com/prodinfo.htm (“Meet the demand of rising bankruptcy filings with cutting-edge software designed to increase your firm's efficiency and streamline the bankruptcy process.”);

*https://bestcase.com/pdf/BCBfeatures.pdf (“Means Test Calculator: Simplifying Form 22 Case and Client Management Tools Search, track and manage data CMI (Current Monthly Income) Details Calculator – Choose from three options to average a debtor’s income over the last six months. After calculating CMI, it generates an attachment with a record of the debtor’s income sources. Median/Means Test Tabs – These useful tabs breaks down the median/means test into smaller segments for easier completion. Pop-up descriptions – Unsure about what to enter into a field? Hover over specific entry boxes to get critical details, insights and descriptions based on the code.”) 59

Electronic Self-Representation (eSR) Bankruptcy Petition Preparation System for Chapter 7http://www.cacb.uscourts.gov/esr:

What is eSR? eSR is an online tool to help individuals complete a chapter 7 bankruptcy petition when they have decided to file bankruptcy without an attorney.

Who can use eSR? Individuals who wish to file a chapter 7 bankruptcy petition and who live in the Central District of California can use eSR. To determine if you can use eSR, enter your residential ZIP code in the ZIP Code Search. eSR is not available for chapter 13 filings at this time

Important Note: eSR is not available to attorneys or bankruptcy petition preparers. eSR is not designed for business or corporate bankruptcy filings. eSR is only available for chapter 7 filings.

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“Best Case” emboldens bankruptcy petition preparersIn re Hernandez, 2011 Bankr. LEXIS 4234 (U.S. Bankr. D. Colo. Oct. 31, 2011)

On October 20, 2009, the Virginia State Bar revoked Miller's license to practice law…. Miller's practice consisted of a high volume consumer bankruptcy practice. … Miller also testified that her disciplinary proceedings in Virginia were instituted as a result of her failure to file bankruptcy cases for clients who had paid her to file their bankruptcy cases. … the Court does not have a duty to assure that Miller can continue to support herself as bankruptcy petition preparer [in Colorado] … Miller's bankruptcy petition software, a commonly used commercial software package known as "Best Case," highlighted the exemptions and provides the statutory citations. The Debtor was shown the software screens dealing with these exemptions and asked to make a selection of the exemptions that the Debtor wished to claim. However, had the Debtor chosen an exemption which did not appear to be appropriate, Miller would have advised him to do some "research" about exemption law on the Internet using search queries on the www.google.com website and some other web sites with legal authorities such as Cornell University's online version of title 11.… The evidence in this case establishes that Miller violated §110(e)(2) by giving legal advice about applicable exemptions under the ruse of teaching debtor clients how to do legal research.

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Attorney must adequately supervise associates (and the attorney’s software/expert system)Sprague v. Kekoa, No. A122018, 2009 Cal. App. Unpub. LEXIS 9716, 32-33 (Ct. App. Dec. 8, 2009) (unpublished):

The right of an attorney to completely control all aspects of the work of another attorney he employs to assist him necessarily implies the duty to closely supervise the performance of the attorney employed. (Moore v. State Bar (1964) 62 Cal.2d 74, 80-81; Jenifer v. Fleming, Ingraham & Floyd, P.C. (S.D. Ga.) 552 F.Supp.2d 1370; see also 1 Mallen & Smith, Legal Malpractice (2009 ed.) § 5.8, at p. 662 ["managing attorney[] is responsible for the efficiency and conduct of employed attorneys and . . . may be liable for failing to adequately supervise the work of an associate attorney"]; see also PCO, Inc. v. Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro (2007) 150 Cal.App.4th 384.) Thus, if the work of an associate attorney constitutes professional negligence it is ordinarily attributable to the errors and omissions of the employing attorney who controls his or her conduct.

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“But it was the software’s fault!”Smith v. Rojas (In re Smith), 435 B.R. 637, 639, 646 (B.A.P. 9th Cir. 2010):

The bankruptcy court dismissed debtors' chapter 13 cases on the basis that the debtors exceeded the §109(e) unsecured debt limit for chapter 13 eligibility. Asserting that the bankruptcy court erred when it included in the unsecured debt calculation the amount owed on wholly unsecured junior consensual liens, the debtors appealed. … Appellants find fault with the bankruptcy preparation software, asserting that it, not they, reduced the amount of the secured claims of the second lienholders to zero on Schedule D. Scovis, however, was intended to ensure a straightforward and realistic application by incorporating into eligibility determinations the concept that a debt's "status" could be as readily ascertainable as its "amount," no matter in which schedule the debt appeared. … We observe that the software conducted exactly the simple formulaic calculation that the bankruptcy court otherwise would have done manually in this case, and the Appellants attested to the accuracy of their schedules by signing them "under penalty of perjury."

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“Do Not Pay” is a popular parking ticket chatbotChris Weller, Law firms of the future will be filled with robot lawyers, Business Insider (July 7, 2016), http://www.businessinsider.com/law-firms-are-starting-to-use-robot-lawyers-2016-7:

In the fall of 2015, 19-year-old Stanford undergrad Joshua Browder released a chatbot called DoNotPay. (Browder, it turns out, is good friends with Arruda. Silicon Valley is a small world, and legal AI is even smaller.)

Browder's app enables people to appeal unfair parking tickets without forking over hundreds of dollars in legal fees, which, in many cases, can be more expensive than just paying the ticket. Like ROSS, DoNotPay relies on an algorithm that tries to decipher everyday language. Even in beta, it seems to be doing its job. In April, Browder released data showing DoNotPay had helped people overturn 160,000 of 250,000 parking tickets since launch — a success rate of 64%.

The beauty of machine learning, Arruda points out, is that programs like ROSS and DoNotPay only get more sophisticated with time. The more words the software sees, the better it can correct past mistakes, ultimately becoming a more helpful service. …

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You can’t make this stuff up: read thisDoNotPay and Bovitz transcript http://www.donotpay.co.uk/signup.php

DNP: Hello, I am the first robot lawyer. I can answer questions, draft documents and send appeals. At the moment, I can help with parking tickets (New York and UK), delayed flights/late trains (EU) and claiming PPI. Talk to me by typing in the message box below or ask "what can you do" for a list of some examples.

Bovitz: Parking ticket.

DNP: Was your ticket issued in the UK, New York or Seattle?

Bovitz: Seattle.

DNP: I am going to ask you a few questions about your ticket to see what I can do for you in Seattle. Were you or someone you know using the car at the time of the ticket?

Bovitz: Me.

DNP: Ok. Feel free to visit us at www.DoNotPay.co.uk for more help. Alternatively, if you feel that you need additional help related to homelessness, you can contact Shelter. Their number is 0808 800 4444 or 0344 515 1540 (London). There is a webchat service Shelter provides here.

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Bovitz: Parking ticket, not homeless.

DNP: The government must help if you are legally homeless and meet certain conditions. Would you like to get started?

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Meet ROSS, the robot lawyerChris Weller, Law firms of the future will be filled with robot lawyers, Business Insider (July 7, 2016), http://www.businessinsider.com/law-firms-are-starting-to-use-robot-lawyers-2016-7:

Andrew Arruda, the CEO and co-founder of ROSS Intelligence, tells Tech Insider that "AI-enabled software is going to become very much the status quo and very normal" in the coming decade.

Arruda's company recently deployed the ROSS software at a handful of law firms throughout the US. ROSS uses the supercomputing power of IBM Watson to comb through huge batches of data and, over time, learn how to best serve its users. …

One of the first places to use ROSS was the law firm BakerHostetler, where the software handles bankruptcy cases. Employees enter commands into the software in everyday language, like when they need to find examples of precedence for specific cases. ROSS then searches through its legal database to produce the relevant information.

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ROSS, robot lawyer, landed his/her first jobKaren Turner, Meet ‘Ross,’ the newly hired legal robot, Washington Post (May 16, 2016) (https://www.washingtonpost.com/news/innovations/wp/2016/05/16/meet-ross-the-newly-hired-legal-robot):

ROSS has joined the ranks of law firm BakerHostetler, which employs about 50 human lawyers just in its bankruptcy practice. The AI machine, powered by IBM’s Watson technology, will serve as a legal researcher for the firm. It will be responsible for sifting through thousands of legal documents to bolster the firm’s cases. These legal researcher jobs are typically filled by fresh-out-of-school lawyers early on in their careers. “ROSS surfaces relevant passages of law and then allows lawyers to interact with them. Lawyers can either enforce ROSS’s hypothesis or get it to question its hypothesis,” Andrew Arruda, chief executive of ROSS Intelligence, explained to The Washington Post. “Until now, lawyers have been using static pieces of software to navigate the law, which are limited and put hours of information retrieval tasks on a lawyer’s plate.” … The legal robot is accessed via computer and billed as a subscription service. … Ryan Calo, a law professor and writer who focuses on the intersection of technology and law…“Watson is a tool — in law or medicine or another context — to assist professionals in making judgments. Eventually, I bet not using these systems will come to be viewed as antiquated and even irresponsible, like writing a brief on a typewriter.”

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Douglas Crawford couldn’t intimidate ROSS at a deposition with pepper spray and a stun gunBovitz: Some of us use video recording at depositions to encourage the witness and (state court) counsel to act professionally. Attorney Douglas James Crawford used a different technique: pepper spray and a stun gun. See http://calbarjournal.com/November2016/AttorneyDiscipline/Feature.aspx:

A San Diego attorney who gained notoriety for threatening opposing counsel with a stun gun and pepper spray during a deposition has been disbarred. DOUGLAS JAMES CRAWFORD [#202274], 53, was stripped of his law license Sept. 23, 2016, after he walked out of the courtroom during his disciplinary trial and did not return. … Crawford engaged in conduct that involved moral turpitude by taking pepper spray and a stun gun to a deposition, threatening to use them on opposing counsel if the deposition "got out of hand" and discharging the stun gun while pointing it toward opposing counsel. … The trial court granted the bank’s motion for terminating sanctions [against Crawford’s client], which was affirmed by the appellate court. In a petition for rehearing, Crawford repeatedly referred to the court’s justices as the “Granddads of Anarchy,” accused them of being corrupt and referred to the court’s “fecal stained opinion,” the opinion notes. … In addition to moral turpitude, the State Bar Court found that Crawford filed a pleading in the superior court that falsely implied his mother was still alive. Crawford’s mother had, in fact, died more than two months prior, according to court documents.

If you sent ROSS to defend Crawford deposition, Crawford’s pepper spray and stun gun would not intimidate ROSS. However, Crawford could threaten to unplug ROSS.

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Should you conduct a complete conflicts check with your bankruptcy appearance counsel? How?

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http://appearanceattorneyoncall.com/bankruptcy-appearance-attorney:

Hiring Appearance Attorneys for Bankruptcy Court. Appearance Attorney On Call, We Appear - When you Can't. For law firms that are overbooked and understaffed handling paperwork and a few extra cases can be stressful, difficult and expensive. Rather than hiring another full time employee specifically to deal with the excess work, law firms should take into consideration outsourced legal assistance in the form of experienced lawyers that are qualified to appear in State, Federal and Bankruptcy Courts. For bankruptcy cases specifically, hiring an appearance attorney bankruptcy in California is often the wisest choice.

Should you conduct a complete conflicts check with ROSS and his (its) other employers? How?Hi Scott,

I didn’t hear back from you when I reached out to discuss AI and the latest innovations in legal technology. Not a problem.

Are you free on Bovitz for a 15-minute chat?

To see how other firm’s are using ROSS to innovate their research processes, check out the latest news.

Looking forward to hearing from you.David GomezEnterprise Development

D: 925-212-8509david@ROSSIntelligence.comWebsite | LinkedIn

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Would you marry ROSS?

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Richard Gray, Would you MARRY a robot? Artificial intelligence will allow people to find lasting love with machines, expert claims, MailOnline (February 12, 2016), http://www.dailymail.co.uk/sciencetech/article-3366228/Would-MARRY-robot-Artificial-intelligence-allow-people-lasting-love-machines-expert-claims.html#ixzz4PMWFfqCa:

Robotics firm Boston Dynamics, which is owned by Google, has produced a series of robots that move like dogs, cheetahs and humans, making them able to tackle difficult terrain.

Other researchers have been trying to develop robots that behave more like humans, such a Bina48 - a robot that has adopted the persona of a real person. Artificial intelligence researchers are also now beginning to explore how to use techniques such as deep learning to give computers emotional intelligence.

This is what allows humans to infer information from the world around them, particularly when talking to other people. Cracking this will prove essential to allow robots becoming widely accepted in our homes, according to Dr. Curran.

Automated grading of uniform bar examination?Mark A. Albanese, Ph.D., The Testing Column, Let the Games Begin, Jurisdiction Shopping (Good Luck with That), The Bar Examiner (Sep. 2016):

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Driverless carsHope Reese, Our autonomous future: How driverless cars will be the first robots we learn to trust, Tech Republic (http://www.techrepublic.com/article/our-autonomous-future-how-driverless-cars-will-be-the-first-robots-we-learn-to-trust):

In February 2016, the US Department of Transportation (US DOT) announced that it considers the AI powering Google's driverless cars (which have already logged hundreds of thousands of self-driven miles) officially a "driver"—marking a groundbreaking moment in the history of transportation. … In Singapore and Pittsburgh, Pennsylvania, self-driving taxis are now shuttling passengers on public roads. … Ford announced its intention to mass-produce fully-autonomous, level 5 vehicles by 2021 -- that's no steering wheel, no brakes, no human required. According to a report from BI Intelligence, there will be 10 million of them on the road at that point. … Some computers now have "perception at levels of competence close to what a human has," said Pratt. "The car can look out on the world and tell the difference between a bicycle and a person that's walking, and a tree and a parking meter—and it can then classify them either almost as well as we can, or in some cases, even a little bit better.“ … In January 2016, the Obama administration announced a plan to invest nearly $4 billion into research for autonomous driving.

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Driverless 18-wheel beer delivery trucksLucas Mearian, Self-driving 18-wheeler delivers the first shipment: Beer, Computerworld, October 25, 2016 (http://www.computerworld.com/article/3134879/car-tech/self-driving-18-wheeler-delivers-the-first-shipment-beer.html):

A self-driving semi-tractor trailer has made its virgin journey across Colorado to deliver, what else, a load of beer. In partnership with Anheuser-Busch, Uber's self-driving truck division -- Otto -- said the driver of its 18-wheeler spent most of the 120-mile journey from Fort Collins to Colorado Springs viewing the road from the sleeper berth. The truck hauled 51,744 cans of Budweiser down I-25 through downtown Denver on its way to Colorado Springs.

Otto, which was acquired by Uber in July, was a year-old, San Francisco-based start-up with about 90 employees. The company sells a $30,000 camera and sensor kit to produce autonomous driving capabilities on trucks. The Volvo semi-trailer truck was equipped with cameras, radar and laser sensors called LiDAR (Light Detection And Ranging) mounted on the vehicle to help it 'see' the road as it drove itself down the highway. "Otto's system controlled the acceleration, braking, and steering of the truck to carry the beer exit-to-exit without any human intervention," the company stated in a blog. "In fact, our professional driver was out of the driver's seat for the entire 120-mile journey down I-25."

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Will they rename the popular publication, CAR AND DRIVER?Car and Rider?

Car?

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What’s next? Automated judges?B Schafer, Professor of Computational Legal Theory, University of Edinburgh, ZombAIs: Legal Expert Systems as Representatives Beyond the Grave, (2010) 7:2 SCRIPTed 384 (http://www.law.ed.ac.uk/ahrc/script-ed/vol7-2/schafer.asp):

In the early days of legal AI and legal expert system research, the image of the computer judge provided a powerful metaphor … But despite several promising results, the ultimate goal of fully automated judicial decision making remained elusive. … To achieve its aims, a computer judge should have been capable of applying general, abstract norms correctly to the facts of a specific case. But attempts to formalise this process of subsuming specific cases under general norms soon ran into apparently insurmountable difficulties: The inherent vagueness of legal texts. … judges need to refer to values implicit in the legal system. Their own moral, political and philosophical commitments play a necessary, albeit problematic, part in this process. The contested nature of law. In particular in appeal cases, both sides will have good arguments on their sides. … Under which conditions are we entitled to say that the programme is working correctly and that the “right” decisions are reached? … Furthermore, decisions are typically not simple yes-no answers, but permit the judge to divide the communal assets in a multitude of graded ways. It makes sense therefore to ask for the “average” decision – what percentage of the property can a party “on average” expect, if the litigant was given custody of the children after six years of marriage? .. What counts as a “correct” decision is often contested within the relevant legal community.

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Royal Edinburgh Military Tattoo

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So what is still the same in 2016?• A lawyer helps the client identify options and make the best choices under difficult circumstances.

• The transactional lawyer’s job is to find and clearly document practical solutions for the client.

• The litigator’s job is to present the client’s position in the best light, be a master of civil procedure and evidence, and identify the time to press for a fair settlement or battle.

• A lawyer’s key assets are intelligence, education, experience, thoughtful analysis and a good attitude.

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