As we are increasingly aware, the ethical Duty of Technology Competence requires lawyers to keep abreast of “changes in the law and its practice, including the benefits and risks associated with relevant technology. ” To date, 35 states have adopted the duty . In a previous post , I highlighted the risks of blindly relying on algorithmic results (relevant technology) as a potential violation of the Duty of Technology Competence. We now have case law from Canada focusing on the benefits of using algorithmic results to perform legal research. In fact, this case law may be interpreted as requiring the use of algorithmic results when ethically performing legal research. In both Cass v. 1410088 Ontario Inc. (“Cass”) and Drummond v. The Cadillac Fairview Corp. Ltd. (“Drummond”) justices of the Ontario Superior Court made comments about artificial intelligence and legal research. The Cass case was a slip and fall in which the defendant prevailed. The plaintiff, who was liable for
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