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Your costume may still be a work in progress, but this week’s issue is full of tricks and treats. First up, the tricks: four tech horror stories that show just how far the law lags behind what technology can already do. Read them with the lights on.
Then a treat for the timekeepers: Clio’s latest Legal Trends Report projects the biggest one-year jump in billable hours in the report’s history. Next, we’ve got a podcast that turns a classic property law lesson into a proper ghost story. Finally, we’re spotlighting firms that got into the spooky-season spirit with marketing that’s festive, clever and still entirely professional.
Coming soon, a look at prediction markets through the eyes of a divorce lawyer.
But first, we want to know why so many courthouses are haunted.
QUICK CLICKS
We’re surprised “It Depends” isn’t printed on each board.
Did you know Elijah Bond, a Baltimore patent attorney, helped create the Ouija board? His headstone pays proper homage.
A true horror story.
A deep dive on why a lot of Halloween candy tastes different than you remember. For Reese’s, questions about their product integrity go deeper, as evidenced by the new disclaimer added to their pumpkin-shaped treats.
Can’t make it to Salem this year?
You can take a virtual tour of sites related to the 1692 Salem witch trials thanks to the Salem Witch Museum. Or take a look at this past exhibit on the witch trials hosted by the Peabody Essex Museum.
And if you thought witch trials were a thing of the past…
Pennsylvania is trying to shut down a small business for offering tarot card readings. The applicable law is from the 1860s.
What we’re watching.
This weekend’s the perfect time for a double feature. First up, The Crucible. (1996 version, of course!) Then, the supposedly more historically accurate Salem Witch Trials from 2002.
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PRACTICING LAW
The witching hour is now billable
While we don’t usually link to press releases, we’re making an exception for Clio’s Legal Trends Report.
The big news: Clio projects that lawyers will record 42% of their workday as billable in 2026, up from 39% in 2025. That works out to 3.4 hours a day, or 53% more billable work than lawyers logged in 2016. This is the biggest ever year-over-year jump in billable time.
Also of note:
Most firms reported no AI-driven headcount changes, and those that did were more likely to add staff than cut it, including junior associates and paralegals.
Nearly one in four U.S. adults has already used AI to answer a legal question, and 46% would ask AI before calling a lawyer.
But only 26% of consumers are comfortable letting AI make decisions, and just 6% are comfortable with it in high-stakes personal matters.
Clients also want transparency. 82% want to know when their lawyer uses AI, and 70% trust a lawyer more when that use is disclosed.
Why this matters: The full version of the 11th annual edition of this widely-anticipated and highly-cited report can be downloaded from the release page if you hand your contact info to their sales team, but the free summary hits the high notes. Take everything Clio says about productivity gains being tied to use of their products with a grain of salt, but read the chapters on what consumers are looking for closely. (Clio)
LEGAL BYTES
Four tales from the crypt
There’s no hook-handed killer or blood-thirsty ghosts in these stories. The scariest thing about them is that they are all true.
A former deputy attorney general is accused of using AI to make child porn. He told investigators he’d deleted everything. His prompts were still on his phone.
A convicted cyberstalker must now warn every potential romantic partner about her online habits.
A secret court found constitutional problems with our spy laws. Congress voted to extend the program without reading the ruling.
We are delegating so much work to AI we (as individuals and society writ large) may forget how to make decisions and perform basic tasks.
Why this matters: All these problems have existed for a long time. But technology is making them more difficult to tackle. Lawyers are some of the few people who appreciate the ever-widening gap between what our laws cover and what technology can do. (ABA Journal / Reason / Wired / CBS News)
SHARED COUNSEL
“The Ghostbusters Ruling”
Whether or not you believe in ghosts, there is at least one real haunted house out there. In 1991, a New York appellate court held that a buyer could back out of a contract to purchase a home that was, “as a matter of law… haunted.” The case itself, Stambovsky v. Ackley, is worth a quick read. (The Zillow listing is not, but this old NY Post article has some interior shots if you want to snoop.)
And this episode of the popular “Criminal” podcast about the case and its impact is worth a listen. Host Phoebe Judge talks to people who lived in the Ackley’s haunted home, the realtor tasked with selling the house, University of Chicago law professor Lior Strahilevitz, and Glen Randall Bell, a real estate damages expert.
Why this matters: This is the case on haunted properties. And “Criminal” is a beautifully produced podcast. It’s a win-win for spooky season. (Criminal)
LEGAL BRIEFS
BUILDING CLIENTELE
Trick or treat your audience
Seasonal blogs and social media posts can get your name in front of community members and potential clients. Here are some examples of how firms are tapping into the Halloween spirit in creative but professional ways:
The Wilhite Law Firm sponsored the popular Broadway Halloween Parade in Denver this year. It got a lot of social media traction out of this by giving away some VIP seating and showing off the team’s elaborate Alice in Wonderland costumes.
When does a Halloween prank cross the line? The criminal defense team at Sabol Mallory answers this question on their blog.
Jacksonville, Fla.-based Baggett Law is running its annual pumpkin decorating contest primarily through TikTok.
Putting together a co-parenting plan for Halloween is the subject of this blog by Cape Fear Family Law’s Marcus J. Tingling.
Highlighting the firm’s Hispanic ownership by sponsoring the Sugar Land Heritage Museum’s Día de los Muertos exhibit helps Houston’s Amaro Law Firm stand out.
Why this Matters: Seasonal content gives people a reason to engage with your firm when they aren’t in a legal crisis. It builds your reputation in the community in a fun yet professional way.
POLL
Does your firm see results from holiday initiatives?
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Raise the Bar is written and curated by Emily Kelchen edited by Bianca Prieto.
