ABA holds Chicago program focusing on AI, legal malpractice issues Sept. 20-22

The nation’s top experts in lawyer liability and malpractice will discuss malpractice issues raised by artificial intelligence, in addition to other legal liability and insurance matters at an American Bar Association conference.

The “Fall 2023 National Legal Malpractice Conference,” sponsored by the ABA Standing Committee on Lawyers’ Professional Liability, will take place Wednesday through Friday, September 20-22, in Chicago.

The in-person conference offers a lineup of nationally renowned speakers who will discuss the latest developments and disruptions the legal profession is facing in terms of lawyer liability and malpractice issues, including the challenges of AI. Two AI programs are scheduled for Thursday morning, Sept. 21, including a keynote plenary session. They are:

• “The Future: Artificial Intelligence and Law Practice” — Daniel W. Linna Jr., senior lecturer and director of Law and Technology Initiatives at the Northwestern Pritzker School of Law, will lead a conversation focused on the trajectory of AI technologies and their potential impact on society, with an emphasis on how AI and analytics will change the way lawyers practice, courts operate and individuals satisfy their need for legal services. Linna has a joint appointment at the law school and the McCormick School of Engineering. He will speak in a plenary session from 8:30-9:45 a.m.

• “Generative A/I in the Legal Profession: Uses, Benefits and Dangers” — This program will explore the generative AI tools that are geared toward and available for use in the legal profession. Also, panelists will discuss the critical legal and contractual considerations for the acquisition of these tools, potential pitfalls and dangers of using these tools, the ethical rules implicated by their use and the malpractice risks they present. Speakers are Lisa Lifshitz, partner, Torkin Manes, Toronto; Lauren Noll, partner, Mayer Brown, Chicago; and John Storino, partner, Jenner & Block, Chicago.

The opening plenary session, “Case Law Update 2023,” on Wednesday from 4:15 to 5:30 p.m., will feature an experienced panel which will explore the most important happenings in lawyers’ professional liability, and the implications of these developments. Speakers are Donna Asta, senior underwriter and risk manager, Swiss Re Corporate, Chicago; Cynthia Carter, assistant vice president - claims, Berkley Select, Chicago; Cassidy Chivers, shareholder, Barron & Newburger, P.C., Milwaukee, Wisconsin; and Lauren E. Snyder, partner, HWG, Raleigh, North Carolina.
Other highlights include:

• “Two’s a Crowd: Issues in Multiple Client Representations” — Lawyers routinely represent more than one client in a matter of common interest — usually by agreement and design, but sometimes accidentally. This is true for both litigators and transactional lawyers. Regardless of the specific arrangement, lawyers’ representation of multiple clients in a matter can spawn conflicts of interest, questions about the scope of the representation, how the representation is explained and documented, confidentiality and the attorney-client privilege. This panel will offer advice to navigate multiclient representations. Speakers are William Freivogel, attorney and author, Freivogel on Conflicts, Chicago; Diane Klotnia, partner, Miller Shakman Levine & Feldman, Chicago; and Wendy Muchman, professor of practice, Northwestern University Law School, Chicago.

• “Cutting Edge Data Analytics: Claims Prediction and more” — Law firms have used data to improve pricing of alternative fee agreements, to make staffing decisions on client matters and to generally become more efficient and profitable. Clients, especially corporate clients, are demanding greater insight into who is performing their legal work and pushing for greater efficiency. The panel will discuss the multiple factors that law firms can focus on and how to fine-tune data to provide a more nuanced view of malpractice risk. Speakers are John P. Muller, head of Lawyers Professional Liability, RiskSmith, Darien, Connecticut; Nancy B. Rapoport, Distinguished Professor & Garman Turner Gordon Professor of Law, UNLV Boyd School of Law, Las Vegas; and Joseph Tiano, founder & CEO, Legal Decoder, Inc., Falls Church, Virginia.

The ABA Standing Committee on Lawyers’ Professional Liability provides information on legal malpractice claim statistics, insurance for lawyers and malpractice prevention tips in addition to educational opportunities for lawyers and others interested in the legal malpractice area. For additional information, visit www.americanbar. org/groups/lawyers_professional_liability.