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Code the Law Weekly #4
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Code the Law Weekly #4

Casetext deserves immense credit for convincing Thomson Reuters to buy them for $650,000,000. But Casetext also deserves a dash of criticism for ...
Jun 30, 2023 2 min read
Code the Law Weekly #3
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Code the Law Weekly #3

Product over Pitches. Repos over Resorts. PRs over PR.
Jun 23, 2023 2 min read
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Code the Law Weekly #2

Welcome to Code the Law Weekly, a semi-serious glimpse at what's new, interesting, dumb and provocative in our rapidly changing field.
Jun 16, 2023 2 min read
To Machines, Do All Lawyers Look the Same?

To Machines, Do All Lawyers Look the Same?

I used to write very good briefs. Beautiful briefs. The best briefs. Briefs that wove facts and law and reason and righteousness together into plush snuggies judges could wrap themselves in while ruling for my clients. Here's one of my all-time great briefs: Not seeing the tokenized brilliance?
Jun 16, 2023 3 min read
This time is different. Maybe?

This time is different. Maybe?

It's fair for folks in the legal field to react to all the generative AI hype with a collective shrug. They've seen it before. They've been told many times that the next big thing is unlike everything else and will change legal forever. It&
Jun 15, 2023 2 min read
Why Code the Law?

Why Code the Law?

Those I've worked with in law and technology know that I love questions, ideas, uncertainty, ambiguity, learning, exploration, experimentation, proof, progress, change and collaboration. That I distrust assumptions, certainty, confidence, expertise and people who refuse to say "I don't know." And that I hate
Jun 5, 2023 1 min read
Disclaiming Trust

Disclaiming Trust

One thing you learn early as a lawyer is that clients TRUST you. They put their interests, their businesses, their families in your hands for safekeeping. For protection. Legal services tech is no different. Clients TRUST that the forms, guidance and information you supply will protect them. Indeed, if you
Jun 5, 2023 1 min read
Envisioning Free Access to Caselaw

Envisioning Free Access to Caselaw

This article was originally published on the LII blog Vox Populii, as part of the "25 for 25" series celebrating LII's extraordinary first 25 years. If I could snap my fingers and make it so, the Web would offer free and open access to every statute,
Jun 1, 2023 7 min read
The Ethics of Inefficiency

The Ethics of Inefficiency

We lawyers are bound by ethical duty to do a good job, to know the law, to act diligently, to keep our clients informed, to maintain confidentiality, to avoid conflicts of interest and to render candid advice. We are duty-bound to do right by our clients. But are we duty-bound to be efficient?
Jun 1, 2023 1 min read
Lawyering is for Machines

Lawyering is for Machines

In the 80s, my dad — a lawyer, computer hobbyist and amateur science fiction writer — spent countless morning hours on a novel he called “Machine Litigation.” The never-finished story imagined a world in which lawyers, judges and juries were replaced by justice-dispensing algorithms.
Jun 1, 2023 1 min read
Lawyering is for Humans

Lawyering is for Humans

A client in tears once asked me: “Am I going to lose my house?” Another client, enraged: “I don’t care if I’m sure to lose, I want to fight.” Yet another, out of fear: “Just settle and be done with it.”
Jun 1, 2023 1 min read
Judicial Grandstanding Meets Generative AI

Judicial Grandstanding Meets Generative AI

Attorneys appearing in federal court are not allowed to rely on fake authorities or make false arguments. Rule 11(b) of the Federal Rules of Civil Procedure says so: Rule 11(b) (b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper—whether
Jun 1, 2023 3 min read
Justice is Not an Asset Class

Justice is Not an Asset Class

Note: I published this originally way back in November 2014, so all the references are a bit dated. But I think the basic message is still relevant, especially to legal startups. Yesterday witnessed the bold, bright launch of a startup named LexShares, an online marketplace for investing in commercial litigation.
Jun 1, 2023 6 min read
newsletter

Code the Law Weekly #1

Welcome to Code the Law Weekly, a semi-serious glimpse at what's new, interesting, dumb and provocative in our rapidly changing field. Missing the Point The lawyer who used ChatGPT to create fake citations and the judge who wants every lawyer to double-dog-certify that their citations aren't
Jun 9, 2021 2 min read
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