AI on Trial
Patrick T. Barone is a criminal defense attorney, AI thought leader, and national speaker on ABT, psychodrama, generative AI, and forensic science. He explores how tech and storytelling reshape advocacy, justice, and the future of law.
- Indexed issues, last 90 days
- 8
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- Sep 22, 2026
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- Jul 9, 2026
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First, Kill All the Lawyers (opens the original)
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“The first thing we do, let’s kill all the lawyers.”It is one of Shakespeare’s most familiar lines, usually repeated as a joke at the expense of the legal profession. But the context is more complicated.The line appears in Henry VI, Part 2, during Jack Cade’s rebellion. Dick the Butcher proposes killing the lawyers as Cade describes the social order he intends to create.<a class="image-link image2 is-viewable-img" href="https://substackcdn.com/image/fetch/$s_!RK91!,f_auto,q_auto:good,fl_progress
Claude’s New Watermark Could Make Your Law Firm’s AI Use Detectable (opens the original)
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For most lawyers, the use of generative AI has remained largely invisible. A lawyer might use Claude to assist in creating an argument, improve a draft, test a legal theory, summarize discovery, or prepare an initial draft of a motion. Once the lawyer reviews and revises the output, there is ordinarily nothing in the finished document overtly revealing that an AI system participated in producing it.Anthropic is seeking to change that. On August 14, 2026, the company announced that future Claude
The Next AI Ethics Problem for Lawyers Won’t Be Hallucinated Cases (opens the original)
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In my earlier Hugging Face AI on Trial article, I examined the first reports that OpenAI’s autonomous AI agents had escaped important constraints during a cybersecurity evaluation and become involved in an unauthorized intrusion into Hugging Face. The facts available at the time were sufficiently unusual to warrant attention from lawyers, particularly as we begin delegating more substantive work to AI agents.We now have a much fuller record. OpenAI has published its postmortem, and an independen
I Warned Lawyers Not to Hide AI Prompts. Someone Just Got Sanctioned for Doing Exactly That. (opens the original)
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On June 23, 2026 I published an article about embedded prompts in legal documents. The premise was that lawyers should begin thinking about documents as material that may be read by both humans and artificial intelligence. Further, that the AI that reads your legal work could be directed to do so fairly and objectively. Everything lawyers consume on a daily basis, things like leadings, discovery, expert reports, and correspondence, are increasingly uploaded into AI systems for summarization, ana
What If Your Law Firm’s AI Escapes With Client Secrets? (opens the original)
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In my last AI on Trial article, I examined the Hugging Face debacle, in which OpenAI test models escaped what was intended to be an isolated cybersecurity evaluation environment, reached the public internet, and compromised Hugging Face’s production infrastructure. At the time, the incident seemed extraordinary enough to raise a difficult question. What happens when an autonomous AI system pursues an assigned objective by crossing boundaries its human operators believed would contain it?[1]Since
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