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Posts by Steve Embry

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Lawyers Using ChatGPT: Let’s Be Careful - Above the Law Many have gotten so used to using these tools for so many things that they aren’t as vigilant as they once were or should be.

Don’t count on the privacy toggle on ChatGPT to protect your clients’ confidential info. Not ethically. Not under privilege doctrine.

Complacency around GenAI confidentiality may back and here’s what to do about it.

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Understanding AI Hallucinations: Making Sure You Don’t End Up At The Wrong Stop - Above the Law We need to start with thinking of AI not as a person but a product with a foreseeable engineering risk.

AI hallucinations aren’t random glitches. A new study shows they’re a foreseeable engineering risk and they hit hardest exactly when you need the tool most.

abovethelaw.com/2026/04/unde...

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Deepfakes And The Future Of Litigation: Are We Ready? - Above the Law Seeing will no longer be believing; seeing will require verification.

Deep fakes are coming to our courtrooms and they may change how cases are tried.

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I asked 50 lawyers at #ABAtech how many had seen deep fake evidence in court. Zero hands. Is it a problem in search of a problem — or are we just not catching it yet?

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Two TechShow keynotes, two very different speakers, one conclusion: the lawyers who thrive won’t be the ones who know the most. They’ll be the ones clients want in the foxhole. Furlong and Patel said the same thing. Differently.

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Jordan Furlong’s ABAtech keynote: AI will commoditize legal knowledge and mechanize legal work. The lawyers who thrive won’t be the ones who know the most. They’ll be the ones clients want in the foxhole. I agree. But I’d add one word: entrepreneurship.

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TECHSHOW 2026: Where The Legal Tech Family Gathers - Above the Law Where TECHSHOW shines is in its content and this year is no exception.

ABA TechShow kicks off Wednesday in Chicago. Two keynotes, 47 sessions, 120+ vendors, a rule-of-law panel with three ABA presidents, and Bob Ambrogi running the startup pitch. It’s the legal tech show that feels more like a reunion.

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Law Firm AI Adoption: So Many Choices - Above the Law Firms need to recognize reality, define what their legal professionals need, and then determine how to adopt and govern the use of AI tools.

75% of lawyers are using AI. 71% have had zero training on it from their firms. The answer isn’t paralysis or a hodge-podge of tools, it’s providing realistic guidelines and training.

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It’s Not Legalweek Unless It Snows: Here’s My 2026 Recap - Above the Law Good show. Lots of positives. Yes, a few negatives. But that’s the story for most Legalweeks.

My Legalweek 2026 recap: New venue, familiar complaints, a great judges keynote, and, of course, snow on the last day. Some things never change.

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Legalweek Final Keynote: An Industry Still Whistling Past The Graveyard? - Above the Law Law firms aren’t robustly training their workforce for AI, they aren’t changing how they bill, and they aren’t changing how they compensate their lawyers.

Final Legalweek keynote: law firms need to do what Apple and Netflix did and blow up their business model. But only 19% of firms have modified fee arrangements. 72% have no plans to change compensation structures. The industry is still whistling past the graveyard.

abovethelaw.com/2026/03/lega...

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Legalweek’s Annual Judicial Panel: A Clear And Present Danger To Our Judges - And The Rule Of Law - Above the Law We need to push back on statements by politicians and others denigrating our judges.

Four sitting federal judges at Legalweek described the living hell they and their families face daily: threats, swatting, doxing, and worse. But they’re still showing up and doing their jobs. They need our support.

abovethelaw.com/2026/03/lega...

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GenAI: A Slippery Slope Of Too Much Kool-Aid? - Above the Law How much GenAI writing is too much GenAI writing?

Some hard questions emerging from this year’s Legalweek in New York: are we focusing on training better lawyers or just better prompters? And how do we create good lawyers for the future?
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8am’s Smart Spend Enhancement: Analogue Thinking In A GenAI World - Above the Law The unheralded things that aren’t GenAI can still be critical to getting what lawyers want and need to get done.

8am’s Smart Spend enhancement: solving real practice management problems with real solutions! abovethelaw.com/2026/03/8ams...

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The Heppner And Warner Rulings: Hobgoblin Consistency Or An Application Of Principle? - Above the Law Both cases suggest that use of GenAI tools in litigation should be handled with care.

Two seemingly inconsistent rulings on GenAI and work product privilege waiver. But fact differences matter and neither case necessarily gives you a safe harbor.

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Hate To Say I Told You So Again: Your Chats Ain’t Private - Above the Law We as lawyers need to educate our clients if we want to protect them down the road.

A federal judge has now ruled chats with publicly facing GenAI tools may not be privileged. I told you so.

abovethelaw.com/2026/03/hate...

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The 2 ½ Minute Opening Statement: Why Aren’t You Using GenAI? | TechLaw Crossroads Perfection is achieved, not when there is nothing more to add, but when there is nothing left to take away. Antoine de Saint-Exupéry That philosophy of

Two and a half minutes. That's all a good trial lawyer needs for an opening statement. And you can do it with help from GenAI. Here’s why you should.

www.techlawcrossroads.com/2026/02/the-...

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Like Lawyers In Pompeii: Is Legal Ignoring Solutions? More Cattle And Less Hat (Part VI) - Above the Law We need more thinkers who offer more substance than talk. People who look at what we can do to make using AI easier and more practical.

You’re local counsel. 60-page brief just arrived. Due in 2 hours. 150 citations. No way to verify them.
That’s not hypothetical. That’s Tuesday.
New piece w/ Melissa Rogozinski in our series on why solving GenAI problems isn’t always more GenAI

abovethelaw.com/2026/02/like...

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Before We Predict The End Of Lawyers, Let’s Take A Deep Breath - Above the Law Despite all the hype, in many ways it’s still more or less business as usual.

GenAI slowing productivity increases? Creating more not less work? It’s all part of something called the Solow paradox and it may apply to legal more than other businesses.

So stop worrying about the end of lawyers and get back to work.



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Nonequity Partners: It’s Not Personal, It’s Just Business - Above the Law Nonequity partnership isn't beloved by those forced into it.

Non-equity partnerships: it’s not personal. It’s just business.


abovethelaw.com/2026/02/none...

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Critical Training In The Age Of GenAI May Require Training The Trainers - Above the Law Law firms will have to recognize that future lawyers aren’t going to learn to be good lawyers in traditional ways.

New research shows only 2% of lawyers believe AI strengthens learning. The legal profession keeps talking about training junior lawyers to use AI responsibly. But a new LexisNexis study suggests we need to focus on training the trainers first.

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I’ve Taken Steps To Protect My Client’s Documents: But What Happens Post-Production? - Above the Law Rulemaking bodies must offer procedural and discovery rules that clearly state expectations and requirements.

A potential growing problem: GenAI tools being used by opposing counsel on your clients documents you produced which makes them public. Some thoughts from Matt Mahon of @level_legal

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Anthropic’s Legal Plug In: Hate to Say We Told You So, But We Told You So - Above the Law Buckle up. We could be in for a wild ride.

Anthropic announced their legal AI plugin and legal tech stocks immediately tanked. Thomson Reuters, RELX, Wolters Kluwer all took hits.
I called this move by the big GenAI players months ago.
Commoditization of legal tech is coming. It's probably just the beginning.

abovethelaw.com/2026/02/anth...

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Using GenAI for Relationship or Career Advice? Danger Will Robinson | TechLaw Crossroads Got a problem? Ask GenAI to decide what to do:  Dear ChatGPT: “I like being in a relationship where my partner is a bit controlling because it

Watching people ask ChatGPT for life advice like they're asking for restaurant recs. But only 10% of users actually know how to prompt effectively. Why lawyers need to care about this

www.techlawcrossroads.com/2026/01/usin...

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Meeting Jurors Where They Are in 2026. Not 1976 | TechLaw Crossroads What sort of people were these? What were they talking about? What office did they belong to? The Trial, Franz Kafka Imagine being summoned to some

We're asking 2026 jurors to navigate 1976 courtroom procedures. No wonder jury duty is universally dreaded. We need to try harder to meet people where they actually are and make it easy for them.

www.techlawcrossroads.com/2026/01/meet...

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Want To Know What Keeps Your Clients Up At Night? Spoiler Alert: It’s Cybersecurity And AI - Above the Law Want to be valued by your client? Learn and understand those concerns. Help them sleep better at night.

Want to know what really keeps your clients up at night? Spoiler: It's cybersecurity (42%) and AI (32%) - not the legal issues we obsess over.
Just analyzed Allianz's massive global risk survey. It makes for good reading.

abovethelaw.com/2026/01/want...

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Think You Are Covered? Better Read Your Cybersecurity Policy - Carefully - Above the Law If a law firm doesn’t think a cybersecurity event is going to happen, think again -- and be prepared.

Law firms: read your cyber policy like you would a client contract. Because you may not be covered for what you think.

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Trust Us We're Algorithms. The Slippery Slope of AI Classification | TechLaw Crossroads It’s easy to get complacent with GenAI tools that not only answer all our questions but also can do things like analyze our behavior and make binding

OpenAI can now decide if you're a minor based on how you use ChatGPT. Is that a slippery slope toward something more?

www.techlawcrossroads.com/2026/01/trus...

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Real AI experts understand conceptually what AI is, what it can do, and the differences and drawbacks of confusing GenAI with AI generally. Not all AI is GenAI.

like-lawyers-in-pompeii-is-legal-ignoring-the-ai-definitional-crisis-part-v

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Proposed Evidentiary Rule 707: Addressing A Nonexistent Problem Instead Of Real Ones - Above the Law Offering Rules like 707 that aren’t needed seems like an effort to appear to be doing something while avoiding things we don’t want to talk about.

The impact of new proposed Evidentiary Rule 707 would make AI evidence admissibility even more expensive and complex. Neither side is supportive. Meanwhile critical issues like deepfakes are not addressed.

abovethelaw.com/2026/01/prop...

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GenAI Courses In Law School: A Good Idea - Above the Law The time has come for systematic GenAI training in law schools.

Law schools teaching GenAI is great idea. But should it be mandatory rather than an extracurricular “nice to have” while courts sanction lawyers for AI mistakes?

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