Episode Transcript
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Speaker 1 (00:00):
Kirby Ferris joins us now from Ferris, Riley and Fitt
a couple of stories. I wanted to talk to you
about the artificial intelligence and how it's involved in your
law firm and the courtrooms and what's allowed, what's not
allowed it, can it be beneficial? Is clamping down on it?
You know all of that. Then I do want to
get to the guy that lost his prosthetic on the
fair ride. Yes, yes, that's a dandy there. But first
(00:21):
of all, I think you and I talked about this before,
where a lawyer presented a precedent case using artificial intelligence
and the judge caught on to it right away and
then called him out because it wasn't real.
Speaker 2 (00:34):
The case itself wasn't so AI understood him to be
asking it to create something.
Speaker 3 (00:42):
Oh so he was not like Google what happened? Correct?
Speaker 2 (00:46):
So he gave it this brief to ride. So in
order to support the position in his brief, AI said, Hey,
we'll just make up Jones B.
Speaker 4 (00:54):
Smith from Ohio, you know.
Speaker 2 (00:57):
A example and it here's what the case said. And
he didn't vet that. So he's not using the AI
as a tool. He's using it as a substitute. Yeah,
he's admitted the brief and the judge is like, this
case doesn't exist. It was a big problem for it.
So how does this judge catch it so fast? He
(01:17):
did his work, He went and researched the case. So
what judges do you know?
Speaker 1 (01:21):
You'll so judges don't just take well Jones versus Smith judge,
you know, remember that case in nineteen eighty seven Courtroom
Cease seventy nine to twenty one says that in the
judge they just don't take that as fact.
Speaker 3 (01:34):
They look at it and research it right away.
Speaker 2 (01:37):
Absolutely, because lawyers will say a case stands for one
proposition when it kind of doesn't. So when you go
read the case, it really doesn't say that.
Speaker 1 (01:45):
So did they kick the case? Did the guy get disciplined?
What happens in that situation? Like that disciplined for it? Unbelievable?
Speaker 2 (01:54):
Yeah, but you just it's a wonderful tool. Get Can
I give you an example of how we use it.
We deal with a lot of medical records. So we're
working on a medical malpractice case where our client had
eighteen months worth of medical treatment to get him back
into good health, and his primary care physician who were
(02:17):
about to depose, wanted sort of a summary of his
medical treatment. Well, we're talking about five thousand medical records.
So my paralegal, who is the best, thank you, Melissa, says,
I'll have that forty and five minutes. So she tells
AI what we're looking for, and AI hands me an
eighty I mean literally in three minutes, hands me an
(02:40):
eighty five page document summarizing this guy's.
Speaker 1 (02:44):
All the medical records all what do he just feed
it into a machine? Well, how do you get all
that data in the software program that AI says, thank
you for your fourteen million pages. I'll give it back
to you in eighty pages here in two secs of that.
Speaker 2 (02:58):
Well, we have a management program that handles our whole firm,
and in that we just put medical records in. We
just scan them in and they're stored okay, And we
have an AI program that reaches into that storage of
medical records.
Speaker 1 (03:12):
And specifically knows what you feed it and then it
analyzes and spits it out.
Speaker 4 (03:17):
It's amazing. How long did it take?
Speaker 2 (03:19):
Minutes? Like a few minutes? Kind I can ask it
to give me every time my client's C five area
of his neck was mentioned in the medical records, and
in thirty seconds, I've got twenty pages of it, and
we'll ask you what about pre existing problems? It'll produce
for us every record that predates our accident where our
(03:43):
client complained of a similar problem.
Speaker 1 (03:45):
You know, you would think Congress might be able to
use that exact same program you use when it comes
to looking at these bills, and they're so busy. Well,
here's a bill we're introducing. It's twelve hundred pages long.
We're voting on it.
Speaker 3 (03:56):
In three hoursane, so nobody's reading that.
Speaker 4 (03:58):
I guarantee that they are doing it. I give out
of it.
Speaker 3 (04:02):
Yeah, well, so do you just take that as fact?
At that point?
Speaker 1 (04:05):
Do you realize that, Okay, it was specific to these
medical records, and this is a specific you know, read out.
Speaker 3 (04:12):
How do you vet that?
Speaker 2 (04:13):
It depends on what amusing it for. So, if it's
like the situation I just described, where's just a summary
of medical records that I'm fine with that. But if
it's something I don't present to the court, I'll give
you an example. Let's take a demand. What a demand
is in our world is once we accumulate all the
information for our client medical records, lost wages, photographs, all
(04:35):
this all that's in our system. And we ask AI
to generate a letter to an insurance carrier, to another
lawyer explaining the case and explaining liability and telling them
what we want to resolve the case for. And it'll
do that. What would take a young lawyer or law
clerk four hours five hours to do it takes it
(04:58):
five minutes. But you can't just sign that and send it.
You got to look at the cases it's siding. You
got to make sure that the law that it's sighting
is correct. You look over the facts, make sure they're right.
It's a tool you can't rely on.
Speaker 1 (05:13):
Do you have to disclose to the court that this
is how you got to this point with these records question?
I don't know if you know the answer to this,
But can AI? It took documents that you had Stewart right,
black and white documents in there. Can AI do the
same thing with video?
Speaker 4 (05:29):
Oh?
Speaker 1 (05:30):
Like, if you submitted a car accident and there were
three different angles of video from street polls or buildings,
and is there an AI program that will take that
video and look at and go, oh, yeah, here's what
really happened.
Speaker 2 (05:43):
It absolutely can't. And one of the biggest concerns in
the law right now is you can also get AI
to create a video for you that is impossible to
distinguish from a real video.
Speaker 3 (05:55):
See that's the eight and that's allowed in the court.
Speaker 1 (05:58):
No, okay, all right, I was going to say, because
if I was a jur and saw this video that
AI created as defense attorney, I'm going wait a minute,
that's not what That's a made up video.
Speaker 2 (06:09):
And then you can use it in a recreation setting.
Right You're saying, this is the way we think that
it happened. Okay, show, but you can't submit it as
actual or factual that this is what right now. But
another like, for instance, AI could create create a photograph
of my client drinking before an accident, and a photograph
that you could hardly tell me.
Speaker 1 (06:31):
Well, I've seen the alligator rescue a baby out of
a river before. So you've seen these videos where the
alligator will put it up on the bank of the
river and then start caressing its cheek and the baby
falls asleep.
Speaker 3 (06:41):
It's like, what is this and it looks real?
Speaker 1 (06:43):
Well, I brought him in here to Mackenzie a number
of times, said is this real, and she's like, are
you kidding me? Crazy story here, Kirby. I saw this
and I, my gosh, how horrible. Imagine the swing ride
at six Flags. I don't was this out of six Flags.
Speaker 4 (06:58):
It was theerry Town Spring Fair.
Speaker 3 (07:02):
Terrytown Spring Fair, Yes, in Jefferson Parish in New Orleans.
Speaker 4 (07:06):
Now, yes, okay, yes, all right.
Speaker 1 (07:08):
So they got the fair, they come into town, they
got the corn dogs and you know, frid oreos and chair.
Speaker 3 (07:14):
And then they got the swing ride. And these are
the things that have.
Speaker 1 (07:17):
The chain link swing, you know, ropes on them, and
you sit in them and it starts going circles and
you get you kind of go out to the side
and you're you're slinging sideways.
Speaker 3 (07:28):
A lot of fun. So what happened?
Speaker 2 (07:30):
So there are two children riding an adjacent ride ride
next to this one, different ride, different rides, and there's
one child on the ground, the siblings.
Speaker 3 (07:41):
Okay.
Speaker 2 (07:42):
Unfortunately, on the swinging ride, a gentleman had a prosthetic
leg which came just lodged, went flying through the air,
hit the two kids on the ride, bounced off about ride,
and then hit the sibiling No you can't make no
it's indeed.
Speaker 3 (08:03):
On the ground talking three for one?
Speaker 1 (08:06):
What are you that's that's the odds of that are
greater than the seven ten split.
Speaker 2 (08:15):
What and this? This lawsuit has been filed and seeking
damages for the joker.
Speaker 3 (08:23):
Now, fortunately, my brain is just going all over the place.
Speaker 1 (08:26):
I'm thinking, this guy in the ride and nos his
prostetics right here, and he's got his girlfriend. He goes,
you want to see someone watch this and he unclips
it just for.
Speaker 3 (08:34):
Fun and boom, boom boom, three of them. Holy.
Speaker 1 (08:38):
I mean, how many tickets did he get to take
to the counter and get some gummy bears?
Speaker 3 (08:42):
I mean that's all that. You couldn't You couldn't do
that if you planned a.
Speaker 4 (08:45):
New definition for kicking up your heels.
Speaker 1 (08:47):
Right yeah, speaking of heels, was the booter shoe still on?
Speaker 4 (08:51):
You know, we don't know that.
Speaker 2 (08:53):
I can't And I wanted to know what kind of
shoe he was weird.
Speaker 1 (08:55):
Well, you got to k kind of hope it would
be because that thing came off. I mean that thing
turns into a torpedo dart. Yes, yeah, I mean those
things are heavy.
Speaker 2 (09:03):
Where the kids hurt, you know, we can laugh about
it because they were not seriously hurt, just you know,
some bruising.
Speaker 3 (09:09):
But was there a lawsuit?
Speaker 4 (09:11):
Obviously there was been a lawsuit filed.
Speaker 3 (09:13):
So we're in the middle of this.
Speaker 4 (09:15):
We are the lawsuit just got started.
Speaker 3 (09:17):
Oh my gosh, I don't want so we don't know
how this is going to end.
Speaker 4 (09:20):
We don't. But there is this problem with the lawsuit though.
Speaker 3 (09:24):
In the law you have something and then bounces off
and gets their siblings.
Speaker 2 (09:29):
So in the law you have something called foreseeability. So
when you're bringing action and negligence action, the action had
to have been foreseeable, like something I shouldn't For instance,
if I'm not paying attention to the road and I
run into somebody at a red light, that's foreseeable.
Speaker 4 (09:45):
What happens all the time.
Speaker 3 (09:46):
So you could be held liable.
Speaker 4 (09:48):
For sure.
Speaker 2 (09:49):
There's not a case. According to this author of this article,
there is not a single case in the United States
where prosthetic has flown off a ride and struck a child.
Speaker 3 (09:58):
This is a first.
Speaker 4 (09:59):
This is a first.
Speaker 2 (10:00):
So their argument is going to be, how are we
supposed to know this guy?
Speaker 3 (10:05):
I mean, I don't know why all right, though, all right,
two questions for you.
Speaker 1 (10:09):
Let's start if you're there playing an attorney, right, what
are you arguing?
Speaker 3 (10:16):
If you're there for the kids?
Speaker 2 (10:17):
You know that's a tough one. And because as to
the fair, what did they do wrong? Right now, you
could look at the gentleman and go, did you put
your prosthetic on correctly that day? Because prosthetics probably aren't
supposed to fly off?
Speaker 3 (10:31):
Probably? Well have they ever been tested with centrifugal force?
With that nature?
Speaker 4 (10:35):
That's great?
Speaker 1 (10:36):
I mean, how many people do you know they've been
put up on rides and said, all right, sling him,
let's see if it comes off.
Speaker 4 (10:40):
I mean, and the poor guy with the prostate is
going to be like I didn't know it was going
to come.
Speaker 1 (10:43):
Off, obviously wearing shorts probably not coming off it or jeans,
who knows. All right, So if you're the if you're
the other side's attorney, what do you what.
Speaker 3 (10:54):
Are you saying if you're the fair guy?
Speaker 2 (10:55):
Or you know, I think you say, how first of all,
we didn't for the fair, We didn't even know the
guy had a prosthetic.
Speaker 4 (11:01):
So what we're supposed to.
Speaker 3 (11:02):
Do about there you go?
Speaker 2 (11:03):
And for the poor guys like I put it on
just like I do every other day and went flying.
Speaker 1 (11:07):
All right, So if you're filing the suitor, you're going
after the prosthetic company because they're the ones probably with
the deepest pockets.
Speaker 2 (11:12):
First of all, I'm not filing this lawsuit, but faulty prosthetic.
If I had to, I guess I would probably say
that the fair shouldn't the ride shouldn't be going so
fast as throw somebody's leg off.
Speaker 1 (11:25):
Look, the fact that he nailed three people that weren't
in the same area the bounced thing is because if
the bounce is hilarious, eight ball corner pocket off, that
sidewalk off, the one ball, watch this.
Speaker 4 (11:36):
Bounced off of two kids and hit the third one on.
Speaker 1 (11:41):
Well, I want to follow up on this, we will,
all right, very good, Kirby Ferris, Thank you,