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The Tech Savvy Lawyer

The Tech Savvy Lawyer

By: Michael D.J. Eisenberg
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 The Tech Savvy Lawyer interviews Judges, Lawyers, and other professionals discussing utilizing technology in the practice of law. It may springboard an idea and help you in your own pursuit of the business we call "practicing law". Please join us for interesting conversations enjoyable at any tech skill level!© ℗ 2020 Michael D.J. Eisenberg Politics & Government
Episodes
  • 🧪🎧 TSL Labs Bonus Podcast: Open vs. Closed AI — The Hidden Liability Trap in Your Firm ⚖️🤖

    🧪🎧 TSL Labs Bonus Podcast: Open vs. Closed AI — The Hidden Liability Trap in Your Firm ⚖️🤖
    Dec 19 2025
    Welcome to TSL Labs Podcast Experiment. 🧪🎧 In this special "Deep Dive" bonus episode, we strip away the hype surrounding Generative AI to expose a critical operational risk hiding in plain sight: the dangerous confusion between "Open" and "Closed" AI systems. Featuring an engaging discussion between our Google Notebook AI hosts, this episode unpacks the "Swiss Army Knife vs. Scalpel" analogy that every managing partner needs to understand. We explore why the "Green Light" tools you pay for are fundamentally different from the "Red Light" public models your staff might be using—and why treating them the same could trigger an immediate breach of ABA Model Rule 5.3. From the "hidden crisis" of AI embedded in Microsoft 365 to the non-negotiable duty to supervise, this is the essential briefing for protecting client confidentiality in the age of algorithms. In our conversation, we cover the following: [00:00] – Introduction: The hidden danger of AI in law firms. [01:00] – The "AI Gap": Why staff confuse efficiency with confidentiality. [02:00] – The Green Light Zone: Defining secure, "Closed" AI systems (The Scalpel). [03:45] – The Red Light Zone: Understanding "Open" Public LLMs (The Swiss Army Knife). [04:45] – "Feeding the Beast": How public queries actively train the model for everyone else. [05:45] – The Duty to Supervise: ABA Model Rules 5.3 and 1.1[8] implications. [07:00] – The Hidden Crisis: AI embedded in ubiquitous tools (Microsoft 365, Adobe, Zoom). [09:00] – The Training Gap: Why digital natives assume all prompt boxes are safe. [10:00] – Actionable Solutions: Auditing tools and the "Elevator vs. Private Room" analogy. [12:00] – Hallucinations: Vendor liability vs. Professional negligence. [14:00] – Conclusion: The final provocative thought on accidental breaches. RESOURCES Mentioned in the episode ABA Model Rule 5.3 (Responsibilities Regarding Nonlawyer Assistance): https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_5_3_responsibilities_regarding_nonlawyer_assistant/ ABA Model Rule 1.1, Comment 8 (Technology Competence): https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_1_competence/ and https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_1_competence/comment_on_rule_1_1/#:~:text=of%20these%20Rules.-,Maintaining%20Competence,all%20continuing%20legal%20education%20requirements%20to%20which%20the%20lawyer%20is%20subject.,-Back%20to%20Rule Software & Cloud Services mentioned in the conversation Lexis+ AI (LexisNexis): https://www.lexisnexis.com/en-us/products/lexis-plus-ai.page Protégé (LegalMation/LexisNexis context): https://www.lexisnexis.com/en-us/products/lexis-plus-ai.page Westlaw Precision (Thomson Reuters): https://legal.thomsonreuters.com/en/products/westlaw-precision Co-Counsel (Casetext/Thomson Reuters): https://casetext.com/co-counsel Harvey AI: https://www.harvey.ai/ vLex Vincent AI: https://vlex.com/vincent-ai ChatGPT (OpenAI): https://chat.openai.com/ Perplexity AI: https://www.perplexity.ai/ Claude (Anthropic): https://claude.ai/ Microsoft 365 Copilot (Teams/Word): https://www.microsoft.com/en-us/microsoft-365/enterprise/copilot Adobe Creative Cloud (AI features): https://www.adobe.com/ai/overview.html Zoom AI Companion: https://www.zoom.us/aihttps://www.zoom.com/en/products/ai-assistant/
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    16 mins
  • 🎙️ TSL LABs 🧪 Bonus: From Cyber Compliance to Cyber Dominance: What VA's AI Revolution Means for Government Cybersecurity, Legal Ethics, and ABA Model Rule Compliance!

    🎙️ TSL LABs 🧪 Bonus: From Cyber Compliance to Cyber Dominance: What VA's AI Revolution Means for Government Cybersecurity, Legal Ethics, and ABA Model Rule Compliance!
    Dec 12 2025
    In this TSL Labs bonus episode, we examine how the Department of Veterans Affairs is leading a historic transformation from traditional compliance frameworks to a dynamic, AI-driven approach called "cyber dominance." This conversation unpacks what this seismic shift means for legal professionals across all practice areas—from procurement and contract law to privacy, FOIA, and litigation. Whether you're advising government agencies, representing contractors, or handling cases where data security matters, this discussion provides essential insights into how continuous monitoring, zero trust architecture, and AI-driven threat detection are redefining professional competence under ABA Model Rule 1.1. 💻⚖️🤖 Join our AI hosts and me as we discuss the following three questions and more! How has federal cybersecurity evolved from the compliance era to the cyber dominance paradigm? 🔒What are the three technical pillars—continuous monitoring, zero trust architecture, and AI-driven detection—and how do they interconnect? 🛡️What professional liability and ethical obligations do lawyers now face under ABA Model Rule 1.1 regarding technology competence? ⚖️ In our conversation, we cover the following: [00:00:00] - Introduction: TSL Labs Bonus Podcast on VA's AI Revolution 🎯[00:01:00] - Introduction to Federal Cybersecurity: The End of the Compliance Era 📋[00:02:00] - Legal Implications and Professional Liability Under ABA Model Rules ⚖️[00:03:00] - From Compliance to Continuous Monitoring: Understanding the Static Security Model 🔄[00:04:00] - The False Comfort of Compliance-Only Approaches 🚨[00:05:00] - The Shift to Cyber Dominance: Three Integrated Technical Pillars 💪[00:06:00] - Zero Trust Architecture (ZTA) Explained: Verify Everything, Trust Nothing 🔐[00:07:00] - AI-Driven Detection and Legal Challenges: Professional Competence Under Model Rule 1.1 🤖[00:08:00] - The New Legal Questions: Real-Time Risk vs. Static Compliance 📊[00:09:00] - Evolving Compliance: From Paper Checks to Dynamic Evidence 📈[00:10:00] - Cybersecurity as Operational Discipline: DevSecOps and Security by Design 🔧[00:11:00] - Litigation Risks: Discovery, Red Teaming, and Continuous Monitoring Data ⚠️[00:12:00] - Cyber Governance with AI: Algorithmic Bias and Explainability 🧠[00:13:00] - Synthesis and Future Outlook: Law Must Lead, Not Chase Technology 🚀[00:14:00] - The Ultimate Question: Is Your Advice Ready for Real-Time Risk Management? 💡[00:15:00] - Conclusion and Resources 📚 Resources Mentioned in the Episode ABA Model Rule 1.1 - Competent Representation (including technology competence requirement) - https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_1_competence/Department of Veterans Affairs (VA) Cybersecurity Initiative - https://www.va.gov/oit/cybersecurity/DevSecOps Pipelines - Security integration in software development - https://www.devsecops.org/FedRAMP (Federal Risk and Authorization Management Program) - https://www.fedramp.gov/FISMA (Federal Information Security Management Act) - https://www.cisa.gov/topics/cyber-threats-and-advisories/federal-information-security-modernization-actGoogle Notebook AI - AI discussion generation tool - https://notebooklm.google.com/HIPAA (Health Insurance Portability and Accountability Act) - https://www.hhs.gov/hipaa/index.htmlNIST Cybersecurity Framework - https://www.nist.gov/cyberframeworkRed Teaming - Ethical hacking and security testing methodology - https://www.cisa.gov/red-team-assessmentsZero Trust Architecture (ZTA) - Federal mandate for security verification - https://www.cisa.gov/zero-trust Software & Cloud Services Mentioned in the Conversation AI-Driven Detection Systems - Automated threat detection and response platformsAutomated Compliance Platforms - Dynamic evidence generation systemsContinuous Monitoring Systems - Real-time security assessment platformsDevSecOps Tools - Automated security testing in software development pipelinesFirewalls - Network security hardware devicesGoogle Notebook AI - https://notebooklm.google.com/Penetration Testing Software - Security vulnerability assessment toolsZero Trust Architecture (ZTA) Solutions - Identity and access verification systems
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    15 mins
  • 🎙️Ep. 126: AI and Access to Justice With Pearl.com Associate General Counsel Nick Tiger

    🎙️Ep. 126: AI and Access to Justice With Pearl.com Associate General Counsel Nick Tiger
    Dec 9 2025
    Our next guest is Nick Tiger, Associate General Counsel at Pearl.com, Nick shares insights on integrating AI into legal practice. Pearl.com champions AI and human expertise for professional services. He outlines practical uses such as market research, content creation, intake automation, and improved billing efficiency, while stressing the need to avoid liability through robust human oversight. Nick is a legal leader at Pearl.com, partnering on product design, technology, and consumer-protection compliance strategy. He previously served as Head of Product Legal at EarnIn, an earned-wage access pioneer, building practical guidance for responsible feature launches, and as Senior Counsel at Capital One, supporting consumer products and regulatory matters. Nick holds a J.D. from the University of Missouri–Kansas City, lives in Richmond, Virginia, and is especially interested in using technology to expand rural community access to justice. During the conversation, Nick highlights emerging tools, such as conversation wizards and expert-matching systems, that enhance communication and case preparation. He also explains Pearl AI's unique model, which blends chatbot capabilities with human expert verification to ensure accuracy in high-stakes or subjective matters. Nick encourages lawyers to adopt human-in-the-loop protocols and consider joining Pearl's expert network to support accessible, reliable legal services. Join Nick and me as we discuss the following three questions and more! What are the top three most impactful ways lawyers can immediately implement AI technology in their practices while avoiding the liability pitfalls that have led to sanctions in recent high-profile cases?Beyond legal research and document review, what are the top three underutilized or emerging AI applications that could transform how lawyers deliver value to clients, and how should firms evaluate which technologies to adopt?What are the top three criteria Pearl uses to determine when human expert verification is essential versus when AI alone is sufficient? How can lawyers apply this framework to develop their own human-in-the-loop protocols for AI-assisted legal work, and how is Perl different from its competitors? In our conversation, we cover the following: [00:56] Nick's Tech Setup [07:28] Implementing AI in Legal Practices [17:07] Emerging AI Applications in Legal Services [26:06] Pearl AI's Unique Approach to AI and Legal Services [31:42] Developing Human-in-the-Loop Protocols [34:34] Pearl AI's Advantages Over Competitors [36:33] Becoming an Expert on Pearl AI Resources: Connect with Nick: Nick's LinkedIn: linkedin.com/in/nicktigerjd Pearl.com Website: pearl.com Pearl.com Expert Application Portal: era.justanswer.com/ Pearl.com LinkedIn: linkedin.com/company/pearl-com Pearl.com X: x.com/Pearldotcom ABA Resources: ABA Formal Opinion 512: https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf Hardware mentioned in the conversation: Anker Backup Battery / Power Bank: anker.com/collections/power-banks Software & Cloud Services mentioned in the conversation: AT&T: att.com/Pearl.com: pearl.com/Sprint: thesprintgroup.com/Timely: timely.com/Verizon: verizon.com/
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    36 mins
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