AI: The Good, the Bad, and the Ugly

This CLE will cover three distinct areas relative to AI (Artificial Intelligence) in the practice of law: the Practical Benefits (The Good), the Ethical Pitfalls (The Bad), and the Severe Consequences (The Ugly). 

Part I: The Good (Efficiency & The Practice of Law)
The "Second Chair" Associate: Using AI for first-drafting of routine documents (demand letters, discovery requests, nondisclosure agreements).

• eDiscovery & Predictive Coding: How Technology Assisted Review (TAR) has moved from "novel" to "standard" for sorting massive document dumps.
• Practice Management Automation: AI tools that handle intake, scheduling, and client communication 
• Transactional Speed: Using AI to quickly analyze contracts for "market" terms vs. "outlier" clauses (e.g., flagging an indemnity clause that deviates from the standard).

Part II: The Bad (Ethical Gray Areas & Professional Responsibilities)

• The "Black Box" Problem (Duty of Competence):
• Confidentiality Breaches (The "Public" Input Error): What happens when a lawyer pastes sensitive client data into a public version of ChatGPT? 
• The Death of the Billable Hour? If AI writes a brief in 30 minutes that used to take 10 hours, can you ethically bill for 10 hours? (The answer is generally no). But alternative fee structures (flat fees, value billing) may be beneficial or necessitated by AI efficiency. 

Part III: The Ugly (Sanctions, Deepfakes, & Malpractice)

• Hallucinations & Fake Citations: Mata v. Avianca: the Marbury v. Madison of non-existent cases invented by ChatGPT.
• Copyright & Data Theft: The massive lawsuits against AI companies (e.g., New York Times v. OpenAI) regarding the theft of intellectual property to train models.
• Prompt Injection Attacks: Security vulnerabilities where bad actors "trick" a law firm's AI bot into revealing confidential internal instructions or client data.
• Deepfakes in Evidence: “Cheapfake” vs. “deepfake” and the new frontier of evidentiary challenges that go with AI. 

Seminar Chair:
Will Fischbach, Wilenchik & Bartness PC

Faculty:
Hon. Jennifer Perkins, Maricopa County Superior Court
Tim Collier, Law Office of Timothy M. Collier
Bill Klain, Fennemore Craig
John Rogers,  Staff Attorney, Supreme Court of Arizona