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Podcast

How AI is Exposing Decades of Legal Incompetence ft. Nicole Black

43:36 min

Everyone’s worried that AI will take their job. But what they should be worried about is AI exposing how bad some people have been at their jobs. In this episode of Between the Briefs, hosts Adrian Cea and Joe Stephens welcome Nicole Black, Principal Legal Insight Strategist at 8AM, for an eye-opening discussion on how AI is really shaping the ground reality of law today.

What You’ll Learn:

  • Why hallucinated case citations and fabricated legal propositions represent a systemic competence crisis
  • How to build internal AI governance policies and training frameworks that protect your firm 
  • The strategic difference between guardrailed AI systems and open-ended legal research AI 
  • Why not using AI may soon constitute malpractice once hallucination problems are solved
  • How to evaluate legal tech adoption for firms of all sizes, from solo practitioners to large firms 
  • Why authentic access-to-justice promises often mask profit-driven corporate interests

 

Her insights as a legal technology authority make for essential listening.

Quotes:

  1. "2017 is when you first started seeing legal tech products with AI in them, not generative AI, but AI. Once ChatGPT rolled out in November 2022, it has certainly impacted the practice of law. The rate of adoption is unlike anything I've seen before. It pretty much doubles year over year in terms of legal tech adoption."
  2. "I don't even think it's a misdeployment. It's all the pressures the lawyers are under - they're far worse than they used to be in terms of billable hours, client demands, and competition. What's happening now is that what ChatGPT spits out looks really good. It's convincing, it sounds good, it looks good - and people are just assuming that it's accurate without verification."
  3. With technology and AI, you have a professional obligation to understand the technology and make an educated decision about whether to use it or not use it. Right now, I think it's arguably malpractice not to understand AI and make a decision about when and when you shouldn't be using it, but we're certainly gonna get there faster than we have with previous tools."
  4. "Generative AI and its hallucinations are just exposing the ugly underbelly of incompetence that's always existed in our profession. A lot of people have gotten away with incompetent legal work for far too long and been given the benefit of the doubt. But now when a case doesn't even exist, it's so easy to prove that they didn't read it, and this is just exposing incompetence that's been getting worse."

Highlights:

00:00
Introduction

00:01
From Public Defender to Legal Tech Pioneer

00:06
The Evolution of Social Media in Legal Practice

00:10
AI Adoption and the Hallucination Crisis

00:13
Incompetence Exposed: AI's Real Impact on the Profession

00:18
Professional Obligations vs. Malpractice Standards

00:20
Guard railed AI for Accuracy; Legal Research Remains Risky

00:21
Building AI Governance Policies Before Crisis

00:22
Scaling Tech Adoption: Solo Firms to Large Practices

00:25
Evaluating Legal Tech: What to Look For

About the Contributors

Joe Stephens

Joe Stephens, J.D., is Steno's Director of Legal Solutions as well as a Clinical Lecturer at Texas Tech University School of Law. With over 15 years of experience in criminal defense and public service, he founded and led Texas' largest rural public defender office, which serves a 12-county area. A graduate of The University of Texas School of Law (cum laude) and Vanderbilt University (B.A.), Stephens currently serves as a Board Member of the Texas Criminal Defense Lawyer's Association (TCDLA) and sits on multiple State Bar of Texas committees. His expertise spans the intersection of legal practice and technological innovation in the justice system.

Adrian Cea

Adrian Cea is Steno's Social Media Manager, leading content strategy, audience engagement, and digital brand-building across platforms. He also produces and co-hosts Between the Briefs, Steno's podcast covering the intersection of legal technology, court reporting, and the future of litigation. With a background spanning content creation, field marketing, and sales at companies like Sell Better and Chili Piper, Adrian brings a multi-disciplined lens to making complex legal tech topics accessible and engaging.