Featured in the June 2023 Issue

  • Partner's Perspective: New Technologies Present New Opportunities
  • Jimerson Birr Promises to Deliver an Experience While Delivering Results for Summer Associates
  • Curiosities, Ruminations and Various Eccentricities of Firm Biz
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PARTNER'S PERSPECTIVE
C. Ryan Maloney - New Technologies Present New Opportunities
The 20th anniversary of the day I was admitted to the Florida Bar as a brand-new lawyer is coming up in September of this year. As that date approaches, it is a bit hard for me to wrap my head around the fact that I have been practicing law for 20 years. But, now that I’m one of those “seasoned” lawyers, I feel good about the fact that I still enjoy and get satisfaction from what I do. Day in and day out, practicing business litigation and construction law provides unique and interesting opportunities to learn new things, and analyze and solve problems to help clients deal with and get through oftentimes very challenging situations.   

This upcoming career anniversary also has made me think about how things have changed in the 20 years since I became a lawyer, and in particular, how technological advances have changed the practice of law. I remember when I first started out and the older lawyers would talk about when they were younger, and how they spent long hours poring over books in the law library for research, how they sent letters and court filings by snail mail or fax and waited days or weeks for a response, or how they scoured through boxes and boxes of paper files stored in file rooms and even warehouses looking for the smoking gun piece of evidence in a case. It all seemed quaint, and even a bit antiquated, since even when I started practicing, there were already online legal research databases where all the case law and statutes could be searched digitally, email was ubiquitous, and we even had Blackberries to check and send emails from anywhere (smart phones were still a few years away). 
 
However, I’m sure to the Millennial generation of lawyers, the idea that we kept paper files for each case, including paper copies of all the court pleadings, that court filings were still done by paper and that you had to go to the courthouse to get copies, and that all meaningful depositions, mediations and court hearings were held in person, requiring travel time and expense, all probably seems pretty antiquated. In just the last 20 years, all of that has changed. Most law firms now keep very little in the way of paper files, with the vast majority of files stored digitally, which allows for much faster and more efficient ways to organize, find, transmit and use files. Almost every court has similarly gone digital, with court pleadings able to be filed and retrieved 24 hours a day in digital online court files. Smart phones are also a ubiquitous and an integral part of the daily practice of law, allowing for much faster communication with clients, colleagues and opposing counsel, as well as real time access to files and legal research, all in your pocket. And, of course, particularly since the pandemic, video conferencing and virtual meeting tools such as Zoom have further expanded communication capabilities, allowing lawyers to conduct remote depositions, client meetings, mediations and even courtroom proceedings, at considerable time and costs savings for clients.
 
While all of these technological advances have been significant, with the recent advent of artificial intelligence technology (AI) like Chat GPT and other AI applications, the changes to come are going to be transformative. If you have not tried Chat GPT yet, I recommend giving it a whirl. It is free (currently) and an amazingly powerful tool that can write at a high level with simple prompts, can summarize large amounts of text such as in contracts or large amounts of case law, and can even pass the bar exam. In other words, it can already do almost instantly many of the things that lawyers do on a daily basis that can sometime take hours at a time to do right. 
 
Of course, there are numerous issues that will have to be worked through before AI can be used as a significant part of the daily practice of law. These include issues related to confidentiality of client information and data, ethical considerations regarding use of AI writing and other work product by lawyers, the accuracy of AI generated information and the potential biases inherent in AI systems, among many others. For example, a lawyer that recently used Chat GPT to write a legal brief that he filed with the court in a personal injury case in New York is facing sanctions from the court due to the program “hallucinating” citations to cases that do not actually exist, and which the lawyer failed to check or notify the court of the mistakes. While very powerful tools, AI programs can still “hallucinate” supposed facts that are not accurate, and so the information provided must be verified. 
 
But, given the power of these AI tools, the significant investment by numerous companies to continually improve them (and the money to be made from them by those companies), it is likely only a matter of time before these types of issues are minimized and the use of AI tools becomes another technology used in the practice of law, like email, online legal research and other technological tools that have made the practice of law faster and more efficient. It is expected that AI will similarly affect work in numerous other fields beyond just law over the next several years.
 
While lawyers could look at the oncoming large-scale use of AI with significant trepidation about how it could make much of what lawyers do currently potentially obsolete and therefore refuse to learn how to use such tools, to do so would be short-sighted and likely self-defeating. There are certainly important legal, ethical and other issues involved in using AI technology that lawyers must be cognizant of and take care to address as we move into the next technological phase of practicing law. However, like other technological tools before it, AI has the potential to save significant amounts of time and money by automating tedious and time-consuming tasks, enabling lawyers to work smarter, faster, and with greater accuracy, just on a potentially much larger scale than prior technologies. All of that should benefit not only lawyers, but clients as well.
 
Ultimately, lawyers best serve their clients, and themselves, by being open to learning how to use this powerful new technology in a way that advances their practice of law and makes them better and more efficient advocates and counselors for their clients. In time, lawyers that do not incorporate the use of AI technology might not just be seen as antiquated by the next generation of lawyers, but also by their own clients.
Warm regards,
C. Ryan Maloney
Partner
Jimerson Birr Promises to Deliver an Experience While Delivering Results for Summer Associates
At Jimerson Birr, our commitment to delivering an exceptional experience while achieving outstanding results extends beyond our valued clients to our summer associates' program. We recognize the importance of providing a meaningful and enriching experience for law school students, and we are dedicated to fostering an environment where they can thrive and contribute to the success of our clients.

As a summer associate at Jimerson Birr, law students will have the opportunity to work on real cases, engage in substantive legal work, and gain practical experience that will shape their future legal career. Our partners and attorneys are committed to serving as mentors, providing guidance and support throughout their time with us. By working closely with our seasoned professionals, the summer associates will have the chance to learn from their expertise and develop skills in a collaborative and nurturing environment.
Not only do we enjoy empowering law students, but we have a good time while they are here. This month we took the summer associates out to the ball game (sing "Take Me Out to the Ball Game"). The Jacksonville Jumbo Shrimp weren't the only ones who hit a home run and won the game against the Nashville Sounds, this event was a great time to get to know our summer associates, chat about goals, and enjoy a playful atmosphere.

Our summer associate program is in full swing, and we're hitting it out of the park! We are proud to empower young legal professionals to step up to the plate, embrace summer vibes, and deliver legal excellence. Together, we'll hit grand slams and create a winning team! 

Welcome Jacob Guariglia (UF Levin College of Law), Taylor Hainley (UGA School of Law), and Andrew Snell (Georgetown Law).
Jimerson Birr Legal Blogs
Are you keeping up with the latest information in business and law? Jimerson Birr publishes weekly blog posts covering topics from construction law, real estate development, sales and leasing law, banking and financial services law, community association law, and everything in between. Click here to subscribe today and stay up-to-date on the latest legal news from the industries we serve:
Real Estate Development, Sales and Leasing Industry Legal Blog
Help! How do I get my binder deposit back after a failed real estate purchase?

By: Austin T. Hamilton

When two parties enter into a contract for the purchase and sale of real property, the buyer typically provides an initial deposit, commonly referred to as a binder deposit. Unfortunately, when the contract fails to close (for various reasons), there is oftentimes a dispute over who is entitled to the binder deposit. On the one hand, the buyer wants the binder deposit returned. On the other hand, the seller wants to keep the binder deposit. Who wins?

Click here to read the full blog post.
Professional Services Industry Legal Blog
Noncompete Agreements: The FTC’s Proposed Rule and What It Means for Employers

By: Stewart J. Subjinski

Noncompete agreements have long been a controversial topic in the employment landscape, and the Federal Trade Commission (“FTC”) has publicly taken the position that they limit workers’ career mobility and impede entrepreneurship. In step with their public position, the FTC proposed a new rule in January 2023 that would declare non-compete clauses an unfair method of competition. This blog post provides an overview of the proposed rule and a status update incorporating recent press releases from the FTC.

Click here to read the full blog post.
Technology Industry Legal Blog
Consent: An Absolute Defense to Violation of the Telephone Consumer Protection Act and Florida Telephone Solicitation Act

By: Zachary A. Pestcoe

Technological advances have made telemarketing easier than ever. When utilizing automated telemarketing systems, with a single click of a mouse, businesses can place thousands of phone calls and send tens of thousands of individual text messages. With the same click of a mouse, Florida businesses can unknowingly subject themselves to hundreds of thousands of dollars of liability.

Click here to read the full blog post.
Firm News
Curiosities, Ruminations and Various Eccentricities of Firm Biz
June JB FOR ME Highlight Reel
In an artistic showdown that would make Bob Ross himself proud, our office held a Bob Ross Painting Competition that left jaws dropping. Drumroll, please! Team 1 wowed us all with breathtaking mountains, while Team 3 soared with an awe-inspiring sky. And in a tie-breaking twist, both teams battled it out for Best Trees. But the crown for closest resemblance to the original went to Team 1, proving that our office is a haven for masterful creativity. We've officially painted our way into a masterpiece!
Prepare for an epic dose of fun as we dive into the highlights of Brandon's Bar Happy Hour! With an enticing selection of Espresso Martinis, Dirty Martinis, and Blood Orange Margaritas, the drinks flowed and the good times rolled. This lively gathering showcased our amazing culture, where knowing and celebrating our peers is the name of the game. Here's to an extraordinary evening and a workplace culture that knows how to mix great drinks and even better company!
At lunch, we transformed a classic childhood game into an epic battle of strategy and laughter during our Old Maid Tournament! From daring strategies to unexpected alliances, we proved that even in the world of child's play, our team knows how to have an outrageously fun time while showcasing our hidden card shark talents!

Click here to learn about our award-winning Firm Culture.

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