The problem when clients turn to AI before counsel

Strong practices are built on judgment, credibility and discipline. In this issue, we explore what happens when clients confide in AI instead of counsel, as highlighted by a new case out of New York. We’ve rounded up podcasts and event recordings to give you a smart preview of the Supreme Court’s upcoming birthright citizenship arguments. And since it’s awards season, we’re sharing practical tips for writing nominations that actually win, along with a few ways to reduce the write-downs that quietly eat into profits.

But first, are divorce rings really a thing? Yes, says one woman who repurposed her wedding ring because, “I wanted to ward off evil, which is my ex.”

Good fences make good neighbors.
Unless you’re Pennsylvania Governor Josh Shapiro, whose fence-building has led to a nasty lawsuit alleging harassment and adverse possession.

That was swift quick.
A bedding company withdrew its request for a trademark after Taylor Swift objected. The issue was the proposed logo, which the singer’s team argued looks a little too much like her handwriting.

She took “go for the gold” literally.
The French Olympian who won gold in the women’s 15km biathlon and the 4x6km mixed relay was convicted of credit card fraud last year… against one of her teammates. And yes, her sentence was suspended so she could compete.

Behind-the-scenes look at solo practice life.
Nobody is more ready for spring than Craig Greaves. The Texas criminal defense attorney took to Instagram to show people what practicing in a 100-year-old building looks like during a cold snap. 

What we’re watching.
The 1997 Steven Spielberg film "Amistad" is not America250 per se, but it still has that founding era flavor. If, like many historians, you think the movie sugar-coats the true story, you can always dive into the New Haven Museum’s impressive in-person and virtual exhibits on the case. Or check out the diary entries former President John Quincy Adams penned during trial prep.

Stop writing down your profits

Write-downs have become part of doing business, but Clio’s Bryce Tarling argues that modern technology should allow firms to bill for all the work done. He suggests time-charting tools and AI-assisted research can help lawyers capture the true amount of work done and more confidently defend time entries. 

Why this matters: Even relatively small daily reductions in time billed, especially in areas like legal research, can compound into significant lost revenue and distort the firm’s productivity metrics. If modern technology can help lawyers avoid write-downs, it should be fully deployed. (Clio)

New nightmare fuel

We all know that conversations with AI tools are not privileged, but a first-of-its-kind ruling out of the U.S. District Court for the Southern District of New York reveals what that actually means.

In United States v. Heppner, Judge Jed Rakoff held that research a defendant did using a paid (but not enterprise) version of the popular AI LLM Claude after receiving a grand jury subpoena (but before arrest) was not privileged even though he turned the results over to his attorney. 

Andrew R. Lee, Jason M. Loring and Graham H. Ryan of Jones Walker authored a full case summary and rundown of its implications that is well worth a read. The full decision is available on Court Listener.

Why this matters: The case underscores that AI’s illusion of privacy can get clients into a lot of trouble. Prompts, outputs and even AI-assisted analysis can be discoverable evidence unless proper safeguards are in place. (Jones Walker / Court Listener)

Gearing up for oral argument

The Supreme Court is scheduled to hear oral arguments in the case challenging President Trump’s authority to curtail birthright citizenship via executive order on April 1. Amicus briefs are rolling in, and many of the Court’s “friends” are also grabbing a mic to make their points. Below is a round-up of podcasts and event recordings that focus on birthright citizenship. 

Americast, the BBC’s podcast about what’s going on in the United States, touched on the subject during one of its latest episodes. 

The Federalist Society has hosted several panels on this topic. One of the most recent was during its Annual Faculty Conference in January.

The 14th Amendment Center for Law and Democracy is doing a whole series of webinars on birthright citizenship.

Open to Debate hosted a debate on this at the Walter Cronkite School of Journalism and Mass Communication at Arizona State University last fall. The National Constitution Center hosted one last spring, before the ruling in Trump v. CASA was released. 

A lot of organizations have put out explainers on the 14th Amendment and birthright citizenship. One from Vox has over 3 million views on YouTube, while PBS NewsHour spoke with descendants of Wong Kim Ark during theirs. 

Why this matters: This and the tariff case are arguably the most important cases being heard this term. It can be easy to forget this is going on when most news coverage of the immigration debate is focused on ICE activity.

• The DOJ is looking for examples of judicial activism
  
• Courts have ruled against ICE over 4,400 times
  
• Sober drivers arrested for DUIs in Tennessee
  
• Lawsuits follow rollback of EPA rule
  
• SCOTUS won’t allow cameras, so how will they feel about AI avatars of themselves?

Bring home the hardware

It’s awards season. While your firm may not be in the running for best picture, it is time to think about whether your firm, a colleague or you yourself deserve some recognition. This article by Caitlin Singh, a consultant at Definition, offers some solid tips for finding appropriate awards and nominating people successfully. 

Whether you’re aiming for an honor bestowed by your bar association or pitching someone for a local business or civic honor, this article’s emphasis on answering the questions asked, choosing the category where your story fits and backing up claims with evidence is solid. The same habits that make for persuasive legal writing—focus, structure and evidence—also elevate a nomination from forgettable to award-worthy in the eyes of busy reviewers.

Why this matters: For attorneys with established careers, an award can be a valuable signal to potential clients and referral sources. And nominating someone else is a great way to show your appreciation for them. (Definition)

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 Raise the Bar is written and curated by Emily Kelchen and edited by Bianca Prieto.