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Texas Court Protects Represented Litigant's ChatGPT Conversations
Here is my recent Daily Record column. My past Daily Record articles can be accessed here. **** Texas Court Protects Represented Litigant's ChatGPT Conversations Over the past few months, I’ve been covering rulings addressing the applicability of the attorney work-product privilege to litigation research conducted with artificial intelligence (AI) tools. Across the cases, the status of the person using AI has varied, necessarily impacting the courts’ analysis and conclusions.
Niki Black
12 hours ago3 min read


Are AI Prompts Privileged? Time Will Tell.
Here is my recent Daily Record column. My past Daily Record articles can be accessed here. **** Are AI Prompts Privileged? Time Will Tell. Last month, a New York court weighed in on the issue of the application of work product protections to information surrounding a litigant’s use of generative artificial intelligence (AI). This is an area of law that is rapidly evolving, with courts at both the state and federal levels addressing these issues and reaching conflicting conclu
Niki Black
Jul 73 min read


Behind the Prompt: The New Frontier of Expert Witness Discovery
Here is my recent Daily Record column. My past Daily Record articles can be accessed here. **** Behind the Prompt: The New Frontier of Expert Witness Discovery If you’re a litigator, you’re undoubtedly finding that AI is inescapable. You may not be experimenting with it, but nearly everyone else is. Opposing counsel is drafting briefs using the AI features built into their document management system, your clients are researching legal issues with ChatGPT before meeting with y
Niki Black
Jul 13 min read


Florida Joins New York, Adopting Its Own AI Rule
Here is my recent Daily Record column. My past Daily Record articles can be accessed here. **** Florida Joins New York, Adopting Its Own AI Rule Last week, I discussed the New York State Unified Court System's new generative artificial intelligence (AI) rule, Part 161. This rule requires that lawyers and parties who appear before New York Courts and plan to use AI must: 1) understand its capabilities and limitations, and 2) ensure that all submissions are accurate and devoid
Niki Black
Jun 233 min read


New York Courts Adopt New Rule on AI Use by Lawyers
Here is my recent Daily Record column. My past Daily Record articles can be accessed here. **** New York Courts Adopt New Rule on AI Use by Lawyers AI case citation hallucinations are accelerating in frequency, and courts are amping up penalties in turn. Sanctions have reached new heights, and judges have even begun to chastise both the lawyers who submit faulty briefs and their opponents who fail to bring the errors to the court's attention. Case in point: On May 20, in an
Niki Black
Jun 123 min read


Ohio Hands Down AI Guidance for Lawyers and Judges
Here is my recent Daily Record column. My past Daily Record articles can be accessed here. **** Ohio Hands Down AI Guidance for Lawyers and Judges Another day, another state issues AI guidance for lawyers and judges. This time, it’s the Ohio Board of Professional Conduct, which released “Artificial Intelligence for Lawyers and Judicial Officers” in April, a concise,16-page document that covers a wide range of ethical issues. (Online: https://www.bpc.ohio.gov/_files/ugd/c6a571
Niki Black
Jun 113 min read


My Top iPhone Apps for Maximum Productivity
Here is my recent Daily Record column. My past Daily Record articles can be accessed here. **** My Top iPhone Apps for Maximum Productivity Every year or so, I like to share a roundup of the iPhone apps I use most often for work-related purposes. I find that the apps I rely on change over time. New apps are released and technology changes, leading to improvements in my workflows and my preferred apps. Hopefully, you’ll find that a few of these apps will help increase your pro
Niki Black
May 53 min read


Effective Client Communication in the AI Era
Here is my recent Daily Record column. My past Daily Record articles can be accessed here. **** Effective Client Communication in the AI Era Time is a precious resource. There never seems to be enough of it, especially when you’re running a busy law practice. Keeping up can be a challenge, and when you’re facing looming deadlines, other important tasks, including updating clients, can fall by the wayside. The result is often insufficient client communication, which is one of
Niki Black
Apr 284 min read


Rethinking How We Train the Next Generation of Lawyers
Here is my recent Daily Record column. My past Daily Record articles can be accessed here . **** Rethinking How We Train the Next Generation of Lawyers The proliferation of artificial intelligence (AI) technologies has occurred far faster than that of any technology that preceded it. Recent data from the 8am Legal Industry Report indicates that just three years after ChatGPT’s public release, nearly three-quarters (69%) of legal professionals used general-purpose generative
Niki Black
Apr 214 min read


Claude Legal Is Here, and It's Worth a Closer Look
Here is my recent Daily Record column. My past Daily Record articles can be accessed here . **** Claude Legal Is Here, and It's Worth a Closer Look By now, if you take your duty of technology competence seriously, you’ve experimented with a generative artificial intelligence (AI) tool like ChatGPT, Claude, or Gemini and been surprised by the quality of the output. AI works quickly and efficiently, streamlining tasks and saving significant amounts of time. The benefits are o
Niki Black
Apr 164 min read


Is the Rule of Law Failing? Legal Professionals Weigh In
Here is my recent Daily Record column. My past Daily Record articles can be accessed here . **** Is the Rule of Law Failing? Legal Professionals Weigh In In last week's article, I shared access to justice statistics from the 8am 2026 Legal Industry Report . 1,300 legal professionals offered their perspectives on the effectiveness of current efforts to bridge the justice gap. The results were mixed, with a notable disparity between lawyers and other legal professionals. Spec
Niki Black
Apr 73 min read


Will AI solve the access-to-justice gap?
Here is my recent Daily Record column. My past Daily Record articles can be accessed here . **** Will AI solve the access-to-justice gap? Our system of justice is founded on equal access to justice, which is a lofty ideal. In reality, however, there is an increasing gap between those who can afford legal services and those who can’t. The problem is multifaceted, driven in large part by funding cuts and competing priorities at the federal, state, and local levels. Just as th
Niki Black
Apr 74 min read


NY Balances Tradition and Innovation in Legal Services Regulation
Here is my recent Daily Record column. My past Daily Record articles can be accessed here . **** NY Balances Tradition and Innovation in Legal Services Regulation Traditionally, ethics rules prevented non-lawyers from practicing law or having ownership interests in law firms. However, over the past few years, a few jurisdictions have experimented with Alternative Business Structures (ABS) and other models that broaden the delivery of legal services beyond those with a law l
Niki Black
Mar 134 min read


Attorney Client Privilege Meets AI, Part 2
Here is my recent Daily Record column. My past Daily Record articles can be accessed here . **** Attorney Client Privilege Meets AI, Part 2 It’s time to once again revisit artificial intelligence and privilege. After writing about these issues in last week’s column, there’s another case to add to the mix: Last week, I covered a recent S.D.N.Y. Order from District Court Judge Jed S. Rakoff in U.S. v. Heppner . Judge Rakoff concluded that when a defendant used the free versi
Niki Black
Mar 24 min read


Attorney-Client Privilege Meets Generative AI
Here is my recent Daily Record column. My past Daily Record articles can be accessed here . **** Attorney-Client Privilege Meets Generative AI Last week, a ruling was handed down that could have wide-ranging implications for lawyers using digital technologies like email and the cloud. The holding—that a legal client’s conversations with the generative AI tool, Claude, were not protected by attorney-client privilege—is not, in and of itself, problematic. However, Southern D
Niki Black
Feb 243 min read


AI in the Legal Profession: Highlights from the 2026 Thomson Reuters Report
AI in the Legal Profession: Highlights from the 2026 Thomson Reuters Report Earlier this month, Thomson Reuters released its “ 2026 AI in Professional Services Report .” This report analyzes data on AI adoption rates and its business impact across multiple professions, including legal, tax and accounting, corporate functions, and government agencies. The report includes a wealth of information on AI trends and the perspectives of legal professionals as they navigate rapidl
Niki Black
Feb 184 min read


California’s Warning Shot: Lawyers Can’t Outsource Responsibility to AI
Here is my recent Daily Record column. My past Daily Record articles can be accessed here . **** California’s Warning Shot: Lawyers Can’t Outsource Responsibility to AI Unless you’ve been hiding under a rock, generative artificial intelligence (AI) is on your radar. And, if you’re like the majority of legal professionals, you’ve probably taken it for a test drive. If you have, then you’re undoubtedly aware of the speed at which it works. Enter a query, and within seconds yo
Niki Black
Feb 113 min read
Questions to ask AI and Cloud Providers
Questions to ask AI providers* What is your AI’s core technology and architecture? You want to understand what type of AI model the vendor uses, whether it’s deep learning, reinforcement learning, supervised learning, etc. What data does your AI require for training? This question helps you to understand the quality and quantity of data required by the AI model. How do you ensure your AI model’s accuracy? It’s important to know how they test and validate their models. Ask the
Niki Black
Feb 44 min read


New York Expands Judicial Guidance on Generative AI
Here is my recent Daily Record column. My past Daily Record articles can be accessed here . **** New York Expands Judicial Guidance on Generative AI The ubiquity of generative artificial intelligence (AI) is undeniable. Even if you’re not yet using it, according to data from the soon-to-be-released 8am Legal Industry Report, the majority of legal professionals are now personally using AI for work-related purposes. This level of adoption has had a significant impact on our
Niki Black
Feb 24 min read


Conduct a New Year’s Technology Audit for Your Law Firm
Conduct a New Year’s Technology Audit for Your Law Firm It’s a new year, which means there’s no better time than now to conduct a legal technology audit. The tools you currently have in place in your law firm may not be sufficient in today’s fast-paced world. Technology is moving faster than ever, and artificial intelligence is changing how legal work gets done. If your firm doesn’t have the right tools in place, it could quickly fall behind. If you’re not sure where to start
Niki Black
Jan 203 min read
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