Ethical and Practical AI Use for Paralegals: Part 1

By Rachel L. Royal 

The legal field is notoriously slow to change, particularly with technology, and the use of AI is no exception. When I first heard about ChatGPT in 2022, I was staunchly against using it. My resistance stemmed from various reasons, but chiefly, I felt like it was “cheating.” Because I have always taken education and good grades very seriously, it was difficult to overcome this mindset.

By mid-2023, however, it became evident not only that ChatGPT was here to stay but that AI was becoming prevalent in many fields. Over the past two years, my keen interest in using technology for project management and developing apps using no-code software evolved into nearly a full-time role. I realized that if I didn’t begin to incorporate AI into my work, I would quickly be left behind in the tech world.

Once I started using AI tools, I realized how narrow-minded I had been. The benefits were immediate and significant, and I regretted not incorporating AI much sooner because it has revolutionized my workflow and saved me hours on administrative tasks. I began reading articles about “prompt engineering” and attending conference sessions dedicated to the use of AI in the legal field. The organization I work for is very open to technology improvements and paid for a ChatGPT account. I began using it for more than just first drafts of emails and started thinking outside the box about the possible ways it could improve my work.

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Externs! Externs! Read All About Them!

Matt, a man with light brown hair, wears a pale blue shirt, orange tie, and blue jacket.By Matt Pentz 

Externs. What are they? Why should your organization consider being a placement site for them? And, what are things to keep in mind when serving as such a placement site? Keep reading to find out!

What are “externs” (and how do they differ from “interns”)?

The American Bar Association (“ABA”) defines the term as follows: “Externships are non-compensated positions in settings outside a law school, for which students receive academic credit.” The receipt of academic credit seems to be at the core of what makes an extern an extern, so that is what appears to be their defining feature and what sets them apart from traditional interns. As a result, the answer I give when asked how externs differ from interns is that “an extern is an intern that is paid in experience.”

While we are on the subject of definitions, I want to clarify the meanings of the terms “externship program” and “externship placement program” as I use them. “Externship programs” are the programs through which law schools offer law students the opportunity to be externs and the academic credit externs receive. “Externship placement programs” are the programs organizations set up to host externs within their organizations.

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Do I Have a Case? Let’s Talk About It

By Marc E. Gustafson

“Do I have a case?” It seems like such a simple question. One that would seemingly lend itself immediately to an IRAC analysis (that’s Issue, Rule, Analysis, and Conclusion for those of you who have effectively blocked out your first year of law school). This question, maybe more than any other, is littered with legal booby traps for the unwary. But it also presents an opportunity for lawyers to have a full and frank conversation with prospective clients about not just legal merits but the legal process.

I get it. Just like I do with my Internist, potential legal clients want to jump right to the diagnosis. Is my hamstring torn? Do I have [name the disease]? And just as I get frustrated or impatient with my doctor wanting to run some blood work, to try physical therapy, or to just wait and see, it is easy to appreciate why those who are seeking legal advice regarding a potential employment matter can’t understand why there’s no quick (and cheap) answer.

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“When I’m 64”

Leslee, a white woman with light brown hair and dark brown rimmed glasses, wears a navy dress with red and white flowers, a navy sweater, and a gold kangaroo pin. By Leslee Ruth Sharp

The Beatles released that song in 1967. I was much too young to appreciate how far away the age of 64 was or what my life would look like. Although had you asked my mother, she would share I knew I was going to be an attorney since about the age of 3. I’ve been preparing to be or engaged in being a lawyer almost my entire life. I have been extremely fortunate to practice in two main areas that I truly enjoy: real property and elder law.

Like many attorneys, this is not just my career; it is who I am. I chose a life with no children (being the favorite Aunt has its perks). Instead, I built a practice using my time, my focus, my energy, and certainly the support of colleagues, family and friends. But still.

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“When I’m 64”

Leslee, a white woman with light brown hair and dark brown rimmed glasses, wears a navy dress with red and white flowers, a navy sweater, and a gold kangaroo pin. By Leslee Ruth Sharp

The Beatles released that song in 1967. I was much too young to appreciate how far away the age of 64 was or what my life would look like. Although had you asked my mother, she would share I knew I was going to be an attorney since about the age of 3. I’ve been preparing to be or engaged in being a lawyer almost my entire life. I have been extremely fortunate to practice in two main areas that I truly enjoy: real property and elder law.

Like many attorneys, this is not just my career; it is who I am. I chose a life with no children (being the favorite Aunt has its perks). Instead, I built a practice using my time, my focus, my energy, and certainly the support of colleagues, family and friends. But still.

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Of Competition, Stress, and Well-Being

Will, a white man with a brown beard, and grey glasses, wears a blue and peach plaid shirt. By Will Graebe 

Like many other lawyers, I grew up in a competitive family. The dinner table was a debate stage. Jeopardy was a full-contact sport. Performance and achievement led to reward and affirmation. This environment prepared me for many of the challenges I would face in my adult life—law school, the bar exam, and the stress of practicing law. Somewhere along the way, though, I realized that something was missing. This way of living was not sustainable for me. So, I set out on a journey ten years ago to explore my own well-being and to redefine what flourishing looked like for me. I’d like to share some of what I have learned.

This is not another article encouraging readers to meditate, write a gratitude journal, practice mindfulness, exercise, sleep and eat better, engage in service work, get out in nature, or change their mindset. While these are all valuable practices, by now, most of us know what we can do to improve our well-being. We have been inundated with well-being content offering specific wellness tools. Instead, what follows are principles that I have found helpful in guiding my well-being journey.

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Of Competition, Stress, and Well-Being

Will, a white man with a brown beard, and grey glasses, wears a blue and peach plaid shirt. By Will Graebe 

Like many other lawyers, I grew up in a competitive family. The dinner table was a debate stage. Jeopardy was a full-contact sport. Performance and achievement led to reward and affirmation. This environment prepared me for many of the challenges I would face in my adult life—law school, the bar exam, and the stress of practicing law. Somewhere along the way, though, I realized that something was missing. This way of living was not sustainable for me. So, I set out on a journey ten years ago to explore my own well-being and to redefine what flourishing looked like for me. I’d like to share some of what I have learned.

This is not another article encouraging readers to meditate, write a gratitude journal, practice mindfulness, exercise, sleep and eat better, engage in service work, get out in nature, or change their mindset. While these are all valuable practices, by now, most of us know what we can do to improve our well-being. We have been inundated with well-being content offering specific wellness tools. Instead, what follows are principles that I have found helpful in guiding my well-being journey.

Read more

How Should We Deal With Conflict?

Adam a white man with light brown hair, wears a white shirt, red tie with light polka dots, and a white shirt. He is smiling. By Adam G. Linett

A pro se opponent continues to file nonsensical pleadings. An opposing counsel is obnoxious and rude in a deposition. A family law case is on a roller coaster of one crisis after another, created by your own client, the other side, or both.

As legal professionals, we are often called upon to deal with one sort of conflict or another. For those of us who make our living as litigators, all of our cases are “adversarial” in nature. But if we are honest, some of the players—whether parties or our colleagues at the bar—are easier to deal with than others. The question is, then, how do we handle these more contentious situations without allowing it to rob us of our peace of mind?

First, we need to remember that we were retained because a conflict of some sort already existed. In the case of individuals, organizations, or governmental entities, the dispute could be over a contract, a tort, a family law matter, or many other areas. In the criminal law context, the client may be accused of committing a crime and is facing prosecution by the state or the federal government. Thus, the issue is not that conflict itself is inherently bad or must be avoided at all costs. Rather, the existence of a conflict shows that there is a need for some change. The conflict is also an opportunity for us to use our legal education, skills and abilities to assist our clients.

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How Should We Deal With Conflict?

Adam a white man with light brown hair, wears a white shirt, red tie with light polka dots, and a white shirt. He is smiling. By Adam G. Linett

A pro se opponent continues to file nonsensical pleadings. An opposing counsel is obnoxious and rude in a deposition. A family law case is on a roller coaster of one crisis after another, created by your own client, the other side, or both.

As legal professionals, we are often called upon to deal with one sort of conflict or another. For those of us who make our living as litigators, all of our cases are “adversarial” in nature. But if we are honest, some of the players—whether parties or our colleagues at the bar—are easier to deal with than others. The question is, then, how do we handle these more contentious situations without allowing it to rob us of our peace of mind?

First, we need to remember that we were retained because a conflict of some sort already existed. In the case of individuals, organizations, or governmental entities, the dispute could be over a contract, a tort, a family law matter, or many other areas. In the criminal law context, the client may be accused of committing a crime and is facing prosecution by the state or the federal government. Thus, the issue is not that conflict itself is inherently bad or must be avoided at all costs. Rather, the existence of a conflict shows that there is a need for some change. The conflict is also an opportunity for us to use our legal education, skills and abilities to assist our clients.

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AI Is Adapting, and Lawyers Should, Too

By Marc E. Gustafson

We’ve all been there – negotiating with opposing counsel over a nuanced situation, only to get a run-of-the-mill response. These types of conversations can be frustrating, if not downright maddening. More importantly, they have the potential to spell a hard road ahead for our profession.

Over the last year, there has been a fair amount of gnashing of teeth by lawyers and law firms over ways Artificial Intelligence (AI) tools like ChatGPT and the like will affect the legal profession. If your head has been anywhere but buried in the sand, you’ve likely seen examples of articles and briefs, with varying degrees of accuracy, composed using some form of AI. And these tools are going to get better.

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