The business of law

I think this part of the legal market is being overlooked by many. Today I spoke with 50 or so lawyers and business professionals at an AmLaw100 firm. One of the slides that got the most pondering was this one.

I see too many “thought leaders” hyper-focusing on the impact of generative AI on legal work but we should not do so at the expense of the potency and power of using generative AI on the business side of legal services. So much can be done here.

Let’s get movin’.

A special “I hope you don’t have a case of the Mondays” 👋 to my NEW SUBSCRIBERS! 

And Welcome to our 150+ new subscriber since last week.

To read previous posts, go here.

In this edition we will

1. say “liar liar pants on fire

2. learn what the “Liar’s Dividend” is

3. do some LinkedIn cold outreach with Bing

4. remind you ChatGPT is not a truth engine

5. check on a law student building s study app

6. visit the Great White North, eh

Liar, Liar: Deepfakes as Legal Defense

Oh, how the mighty have fallen!

The great visionary Elon Musk, champion of the future, savior of humanity, and protector of the environment, finds himself caught in a questionable deepfake defense. His lawyers are using an argument that a 2016 video of him on stage, in-person, at a well known conference might be a deepfake. Seriously, dude?

You'd think a man of his stature, with businesses that aim to serve the greater good of humanity, would be a little more cautious with how this might play out. Then again this is Elon. By the way, I am a fan of Elon but that doesn’t mean I agree with him all the time.

In an age where the creation of deepfakes is as easy as ordering pizza, it's no wonder that powerful people like Musk can find themselves caught in the crossfire of misinformation. But one has to wonder: is Elon truly a victim of a deepfake or is he simply trying to escape the consequences of his own words?

Thankfully, the courts seem unswayed by the deepfake defense. And while we might admire Musk for his lofty aspirations and ambitious goals, I can't help but feel a bit disappointed that he's trying to hide behind the veil of AI-generated fakery.

But this raises a question, how should we handle deepfakes? Should we consider everything a fake until proven true? Or do we take in on faith and hope for the best? I dig in a bit more next.

The Liar's Dividend: The Perilous Intersection of AI Deepfakes and Skepticism

In today's world, artificial intelligence (AI) and deepfakes have become increasingly sophisticated and accessible, allowing for realistic forgeries of photos, audio, video, and other media. This has brought to the forefront a very real concern known as the "Liar's Dividend," which refers to the unwarranted benefit liars gain as skepticism undermines the authenticity of real evidence. As deepfake technology evolves, the challenges it presents extend beyond the courtroom and seep into society at large, potentially affecting national security, trust in documented evidence, and the overall perception of reality.

The Liar's Dividend is exemplified by recent court cases where defendants, such as Elon Musk in a Tesla crash lawsuit, have argued that deepfake videos and audio recordings could have been involved. These allegations may become more common as the public becomes more aware of deepfake technology. Courts are more likely to face allegations of fakery against real evidence than attempts to introduce fake evidence, and legal standards may need updating to specifically address "the deepfake defense."

Detecting deepfakes currently can be done without specialized tools, but as they become more sophisticated, it will be increasingly difficult for humans to do it alone. The U.S. government is investing in automated deepfake detection tools, but some experts believe that this could lead to a cat-and-mouse game where deepfake generators continue to evolve and improve.

Deepfakes present a unique challenge to society in the form of the "CSI Effect," where juries may demand increasingly robust proof of evidence authenticity. This could make it more expensive and time-consuming for plaintiffs to present their case, disproportionately affecting those with limited resources to hire experts.

Additionally, the Liar's Dividend has a corrosive effect on trust in documented evidence, potentially eroding faith in the authenticity of recordings depicting police violence, human rights violations, or political misconduct. Given how fragile society is and how easily people are triggered these days, this does not bode well. I mean can we have any less trust right now? Don’t answer that.

The impact of deepfakes depends on the ways in which they are used, the contexts in which they are posted, and the scale of the audience they reach. Revenge porn alone is a huge category in the deepfake cesspool.

The advent of deepfakes and the Liar's Dividend signifies a pivotal shift in the age-old adage "seeing is believing." As we grapple with the moral hazards and the prisoner's dilemma that deepfakes present, society is forced to reevaluate the way we approach trust and skepticism.

Should we be skeptical of every image we encounter, or should we adopt a trust-but-verify mentality in every instance?

Navigating this delicate balance is essential to preserving trust and truth in our increasingly digital world. As we confront the challenges posed by deepfakes, it is crucial for us to remain vigilant, adapt our legal standards, invest in technological advancements, and promote public awareness to ensure the integrity of the evidence we rely on and maintain the fabric of our shared reality.

USE CASE Cold LinkedIn Outreach

Ever find someone on LinkedIn that you lost contact with or someone piques your interest due to similar ideas, background, or role? Yes, it is easy enough to reach out. But in case you struggle to come up with something, here is a nifty prompt.

Use Bing Chat.

▶︎▶︎PROMPT

Scan [LinkedIn URL] for latest activity and write a message that uses the recent activity as an entry point to rekindle conversation.

While I am on the LinkedIn thread - most days, I feel like I'm trapped in a swamp of LinkedIn posts that are either way too braggy, way too sappy, or straight-up advertisements. It's like trying to find the perfect balance between informative, self-promotion, and brown-nosing is harder than solving a Rubik's Cube blindfolded! Who I am kidding? I can’t solve it without one.

But engaging with others via the messaging app is a great way to connect and start dialogue with folks.

So here are a few more I thought of and have tried that might be helpful.

▶︎▶︎PROMPT

Create a LinkedIn message to request an informational interview with a [LinkedIn URL] , expressing your interest in their career path and seeking advice for your journey.

Write a LinkedIn message to [LinkedIn URL], offering assistance with a project or challenge they recently shared on their profile, and highlighting your expertise in the relevant area based on [your LinkedIn URL].

Write a genuine and engaging LinkedIn message to a former colleague, inquiring about their current role, sharing updates from your professional life drawn from [your LinkedIn URL], and expressing interest in reconnecting.

Anyway, I hope this is helpful and encourages you to reach out to former colleagues and folks you want to connect with.

News you can Use: 

ChatGPT isn’t Bullsh*t, the Prompts Are

In yet another entertaining tale, we find ourselves discussing the occasional inaccuracies and misrepresentations of ChatGPT. While it's true that the AI can sometimes fabricate or misinterpret information, it's crucial to remember that it was never designed to be a "truth machine." Instead, ChatGPT is a reasoning engine, often relying on hypothetical scenarios or assumptions to construct its responses.

It's vital for users to understand this distinction, but it's equally important not to place all the blame on ChatGPT. Many times, the issue arises from poorly framed prompts, leading the AI to generate less than desirable answers. Honestly, it's a bit frustrating to witness this AI being unfairly criticized!

Although it was a tough decision to include this in the "News You Can Use" category, the takeaway message here is clear: ChatGPT is a powerful tool for reasoning, but it's not an infallible truth detector. So, let's appreciate it for what it is and learn to use it effectively!

Law School AI App Development Coming Along

You may recall I interviewed a co-founder of Law School AI a week or so ago. Looks like they are making progress on their study guide app for law students.

Here is the podcast in case you missed it.

News you can Lose: 

Beer made by ChatGPT

Fun story? Sure. Cool to be there? Yup, sounds like it. Tasty to drink? According to folks who tested the beer. But newsworthy? Nope. It's a PR stunt. But hey it's beer and Canadians. Nothing wrong with that. Got a problem? Take off, eh. You hoser. 🇨🇦

DISCLAIMER: None of this is legal advice. This newsletter is strictly educational and is not legal advice or a solicitation to buy or sell any assets or to make any legal decisions. Please /be careful and do your own research.