Steve Embry

8am’s Smart Spend Enhancement: Analogue Thinking In A GenAI World - Above the Law The unheralded things that aren’t GenAI can still be critical to getting what lawyers want and need to get done.

8am’s Smart Spend enhancement: solving real practice management problems with real solutions! abovethelaw.com/2026/03/8ams...

The Heppner And Warner Rulings: Hobgoblin Consistency Or An Application Of Principle? - Above the Law Both cases suggest that use of GenAI tools in litigation should be handled with care.

Two seemingly inconsistent rulings on GenAI and work product privilege waiver. But fact differences matter and neither case necessarily gives you a safe harbor.

abovethelaw.com/2026/03/the-...

Hate To Say I Told You So Again: Your Chats Ain’t Private - Above the Law We as lawyers need to educate our clients if we want to protect them down the road.

A federal judge has now ruled chats with publicly facing GenAI tools may not be privileged. I told you so.

abovethelaw.com/2026/03/hate...

The 2 ½ Minute Opening Statement: Why Aren’t You Using GenAI? | TechLaw Crossroads Perfection is achieved, not when there is nothing more to add, but when there is nothing left to take away. Antoine de Saint-Exupéry That philosophy of

Two and a half minutes. That's all a good trial lawyer needs for an opening statement. And you can do it with help from GenAI. Here’s why you should.

www.techlawcrossroads.com/2026/02/the-...

Like Lawyers In Pompeii: Is Legal Ignoring Solutions? More Cattle And Less Hat (Part VI) - Above the Law We need more thinkers who offer more substance than talk. People who look at what we can do to make using AI easier and more practical.

You’re local counsel. 60-page brief just arrived. Due in 2 hours. 150 citations. No way to verify them.
That’s not hypothetical. That’s Tuesday.
New piece w/ Melissa Rogozinski in our series on why solving GenAI problems isn’t always more GenAI

abovethelaw.com/2026/02/like...

Before We Predict The End Of Lawyers, Let’s Take A Deep Breath - Above the Law Despite all the hype, in many ways it’s still more or less business as usual.

GenAI slowing productivity increases? Creating more not less work? It’s all part of something called the Solow paradox and it may apply to legal more than other businesses.

So stop worrying about the end of lawyers and get back to work.



abovethelaw.com/2026/02/befo...

Nonequity Partners: It’s Not Personal, It’s Just Business - Above the Law Nonequity partnership isn't beloved by those forced into it.

Non-equity partnerships: it’s not personal. It’s just business.


abovethelaw.com/2026/02/none...

Critical Training In The Age Of GenAI May Require Training The Trainers - Above the Law Law firms will have to recognize that future lawyers aren’t going to learn to be good lawyers in traditional ways.

New research shows only 2% of lawyers believe AI strengthens learning. The legal profession keeps talking about training junior lawyers to use AI responsibly. But a new LexisNexis study suggests we need to focus on training the trainers first.

abovethelaw.com/2026/02/crit...\

I’ve Taken Steps To Protect My Client’s Documents: But What Happens Post-Production? - Above the Law Rulemaking bodies must offer procedural and discovery rules that clearly state expectations and requirements.

A potential growing problem: GenAI tools being used by opposing counsel on your clients documents you produced which makes them public. Some thoughts from Matt Mahon of @level_legal

abovethelaw.com/2026/02/ive-...

Anthropic’s Legal Plug In: Hate to Say We Told You So, But We Told You So - Above the Law Buckle up. We could be in for a wild ride.

Anthropic announced their legal AI plugin and legal tech stocks immediately tanked. Thomson Reuters, RELX, Wolters Kluwer all took hits.
I called this move by the big GenAI players months ago.
Commoditization of legal tech is coming. It's probably just the beginning.

abovethelaw.com/2026/02/anth...

Using GenAI for Relationship or Career Advice? Danger Will Robinson | TechLaw Crossroads Got a problem? Ask GenAI to decide what to do:  Dear ChatGPT: “I like being in a relationship where my partner is a bit controlling because it

Watching people ask ChatGPT for life advice like they're asking for restaurant recs. But only 10% of users actually know how to prompt effectively. Why lawyers need to care about this

www.techlawcrossroads.com/2026/01/usin...

Meeting Jurors Where They Are in 2026. Not 1976 | TechLaw Crossroads What sort of people were these? What were they talking about? What office did they belong to? The Trial, Franz Kafka Imagine being summoned to some

We're asking 2026 jurors to navigate 1976 courtroom procedures. No wonder jury duty is universally dreaded. We need to try harder to meet people where they actually are and make it easy for them.

www.techlawcrossroads.com/2026/01/meet...

Want To Know What Keeps Your Clients Up At Night? Spoiler Alert: It’s Cybersecurity And AI - Above the Law Want to be valued by your client? Learn and understand those concerns. Help them sleep better at night.

Want to know what really keeps your clients up at night? Spoiler: It's cybersecurity (42%) and AI (32%) - not the legal issues we obsess over.
Just analyzed Allianz's massive global risk survey. It makes for good reading.

abovethelaw.com/2026/01/want...

Think You Are Covered? Better Read Your Cybersecurity Policy - Carefully - Above the Law If a law firm doesn’t think a cybersecurity event is going to happen, think again -- and be prepared.

Law firms: read your cyber policy like you would a client contract. Because you may not be covered for what you think.

abovethelaw.com/2026/01/thin...

Trust Us We're Algorithms. The Slippery Slope of AI Classification | TechLaw Crossroads It’s easy to get complacent with GenAI tools that not only answer all our questions but also can do things like analyze our behavior and make binding

OpenAI can now decide if you're a minor based on how you use ChatGPT. Is that a slippery slope toward something more?

www.techlawcrossroads.com/2026/01/trus...

Real AI experts understand conceptually what AI is, what it can do, and the differences and drawbacks of confusing GenAI with AI generally. Not all AI is GenAI.

like-lawyers-in-pompeii-is-legal-ignoring-the-ai-definitional-crisis-part-v

Proposed Evidentiary Rule 707: Addressing A Nonexistent Problem Instead Of Real Ones - Above the Law Offering Rules like 707 that aren’t needed seems like an effort to appear to be doing something while avoiding things we don’t want to talk about.

The impact of new proposed Evidentiary Rule 707 would make AI evidence admissibility even more expensive and complex. Neither side is supportive. Meanwhile critical issues like deepfakes are not addressed.

abovethelaw.com/2026/01/prop...

GenAI Courses In Law School: A Good Idea - Above the Law The time has come for systematic GenAI training in law schools.

Law schools teaching GenAI is great idea. But should it be mandatory rather than an extracurricular “nice to have” while courts sanction lawyers for AI mistakes?

abovethelaw.com/2026/01/gena...

Less Hours Worked & Fewer Lawyers Needed: Dealing With The New AI Reality - Above the Law There’s no escaping the possibility that AI tools may reduce the time needed to be spent, billable hours, and correspondingly, profit and revenue.

New TR Report: law firm partners celebrating record profits while AI may significantly cut their work time. The billable hour model is facing an existential crisis and most firms are pretending it's not happening.


abovethelaw.com/2026/01/less...

The Inevitable Commoditization Of GenAI: What Will It Mean For Legal? - Above the Law Law firms must pay attention to what is going on in the marketplace and what vendors are doing.

Why legal GenAI commoditization is coming faster than vendors and the rest of us want to admit. And how to prepare.

abovethelaw.com/2026/01/the-...

The GenAI Siren Song, the Danger of Enshittification and Tying Ourselves to a Mast | TechLaw Crossroads Ads are “like a last resort for us for a business model…ads plus AI is sort of uniquely unsettling”. Sam Altman May 2024 as quoted in Hacker News. “To

As I was writing this piece on the dangers of enshittification of GenAI, particularly for legal, OpenAI announced it plans to start placing ads at the bottom of ChatGPT answers. Turns out the Sirens aren’t just mythological anymore.
And so it begins.


www.techlawcrossroads.com/2026/01/the-...

The GenAI Siren Song, the Danger of Enshittification and Tying Ourselves to a Mast | TechLaw Crossroads Ads are “like a last resort for us for a business model…ads plus AI is sort of uniquely unsettling”. Sam Altman May 2024 as quoted in Hacker News. “To

As I was writing this piece on the dangers of enshittification of GenAI, particularly for legal, OpenAI announced it plans to start placing ads at the bottom of ChatGPT answers. Turns out the Sirens aren’t just mythological anymore.
And so it begins.


www.techlawcrossroads.com/2026/01/the-...

The Inevitable Commoditization Of GenAI: What Will It Mean For Legal? - Above the Law Law firms must pay attention to what is going on in the marketplace and what vendors are doing.

Why legal GenAI commoditization is coming faster than vendors and the rest of us want to admit. And how to prepare.

abovethelaw.com/2026/01/the-...

Is It Time To Require Lawyers To Be Competent With GenAI? - Above the Law Such a requirement would send a strong message that GenAI is here to stay, that it’s impacting the practice, and that it’s important to be knowledgeable about it.

Maybe it’s time for mandatory GenAI CLE requirements. Why this isn’t as crazy as it sounds

abovethelaw.com/2026/01/is-i...

Like Lawyers In Pompeii: Is Legal Ignoring The Coming AI Financial Crisis? (Part IV) - Above the Law It’s time for lawyers and legal professionals to follow the money to assess the risks of AI.

Law firms are buying AI tools like it's 1999 and we're all going to get rich on dot-com stocks. Meanwhile, tinfrastructure investors are starting to get nervous . We've seen this movie before. It doesn't end well.
abovethelaw.com/2026/01/like...

CES 2026: The Trends. The Vibe. And Some Final Thoughts. - Above the Law Want to know where legal tech is going? Look at where consumer tech is going because that’s where we will go too.

CES 2026: AI in everything, all the time.infrastructure for nothing. The legal profession needs to pay attention to where consumer tech is heading for better or worse.

abovethelaw.com/2026/01/ces-...

Are We Prepared To Deal With The Coming Wearable Revolution? - Above the Law Wearables offer tremendous potential benefits. But our responsibility is to think hard about the risks these wearables bring to the legal process.

CES was full of AI wearables that can whisper answers in your ear, record everything you see, and guide you through complex situations. Cool tech, but imagine the legal questions and implications.

abovethelaw.com/2026/01/are-...

Business Origination Skills In The Age Of Agentic AI: Is There Anything New Under The Sun? - Above the Law Is the legal world is about to be turned upside down?

A CES panel says the future belongs to those who ask the right questions, show judgment in gray areas, and demonstrate passion. Sounds like what superstars like those on the panel and successful lawyers have always been doing.
abovethelaw.com/2026/01/busi...

An AI Proctor For Remote Depositions: Has Its Time Come? - Above the Law With more depositions being taken remotely and more proceedings being conducted online, it stands to reason that more witnesses will cheat.

40% of remote interview candidates use AI to cheat say s startup founder at CES

If true, remote depositions may have a problem. Should lawyers start using AI proctors for remote depositions and testimony?

abovethelaw.com/2026/01/an-a...

CES 2026: The Whole Wide AI World Along With Lots More - Above the Law Legal tech is legal tech, it’s not consumer technology, right? Wrong.

Heading to CES 2026 to see if anyone's talking about AI's actual implementation challenges, or if it's just more hype about "transformative" tools.

Legal tech follows consumer trends. Alwaya good to see what's coming down the pipeline.

abovethelaw.com/2026/01/ces-...