Morgan and Morgan Busted

Are you using Precision or Co-Counsel or both? Curious about your thoughts.

Also, have you talked to anyone using Harvey? Sounds like it's going to be pretty impressive but now limited to select firms.

 

Your analogy would be more accurate if it involved filling out the form with fake information; that seems to be the bigger problem than the fact that AI was used to generate the fake information. At some point the information should have been verified.

Go GATORS!
,WESGATORS

 

We have AI available to draft documents and I REFUSE to use it at all! Legal pleadings aren’t that difficult to draft.

 

Way too technical. lol. We are using the latest version of Westlaw, with the AI upgrade. It’s the next generation after Edge. Precision sounds like it might be it, but not sure. I’m traveling today so I can’t check, but if I remember tomorrow I’ll jump back in.

 

Little on Harvey for those interested.

Harvey – Professional Class AI

Legal AI Startup Harvey Set to Double Valuation to $3 Billion

 

That's the job of the human right now and soon it will fall on the AI agent. Everything will be verified before you can finish a thought and it's coming soon.

 

Once the accuracy exceeds human performance, nobody will complain. Options to verify the old fashioned way should always remain available. A basic example is bill counting machines. They seem to be flawlessly accurate, but if there was a discrepancy, there's always the option to count the bills manually with the teller.

Go GATORS!
,WESGATORS

 

That tech already exists, but it's not publicly available or free. Once it gets unleashed, there will be mass unemployment, it's something that Elon has talked about and for this issue I agree. I don't need bank tellers, teachers, engineers, lawyers, pretty much any white collar jobs will be faster, cheaper and more accurate than a human, and can work 24/7.

It's already starting affect software engineers, ironically they are putting themselves and everyone else out of a job. If you don't physically touch something or someone, your job is at risk.

 

Physically touching things is not job protection. Google tells me 1.7 million manufacturing jobs have been lost to automation.

Go GATORS!
,WESGATORS

 

And will never get investigated in Florida by any news source. Half of their ad revenue is from M&M

 

For those curious, I typed the below into ChapGPT4o and have pasted the result. It's a pretty good start. I naturally could have given it much more to analyze, and it would be even more useful for getting the words on paper. In terms of the substance, it correctly identified Rule 1.130(a). However, its efforts to identify case law support was mixed; a couple of the cases are correctly cited and a couple are not. No reason people can't or shouldn't use this IMO. I think it's pretty good with finding statutes and rules, but sometimes it hallucinates and provides fake case citations. I imagine the legal-specific AI is going to get very good in the near future.

Prompt:

Plaintiff, Pete Powell, has sued my client - Defendant, Dave Dexter - in Florida court asserting breach of a written contract. Prepare a thorough motion to dismiss the complaint citing specific Florida Rules of Civil Procedure based upon Plaintiff's failure to attach the contract to the Complaint. Please also include citations to well known cases supporting dismissal.

Response:

IN THE CIRCUIT COURT OF THE STATE OF FLORIDA
IN AND FOR [COUNTY NAME] COUNTY
CIVIL DIVISION

CASE NO.: [Case Number]
PETE POWELL,
Plaintiff,
v.
DAVE DEXTER,
Defendant.

DEFENDANT DAVE DEXTER’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT

COMES NOW, Defendant, DAVE DEXTER (“Defendant”), by and through undersigned counsel, and moves this Honorable Court to dismiss Plaintiff’s Complaint pursuant to Florida Rule of Civil Procedure 1.140(b)(6) for failure to state a cause of action. In support, Defendant states as follows:

I. INTRODUCTION
Plaintiff, PETE POWELL (“Plaintiff”), filed a Complaint alleging breach of a written contract but failed to attach the contract as an exhibit to the Complaint. Under Florida law, when a cause of action is based upon a written instrument, the failure to attach the document or explain its absence warrants dismissal. Therefore, this Court should dismiss Plaintiff’s Complaint.

II. LEGAL ARGUMENT
A. Plaintiff Failed to Attach the Written Contract, Violating Florida’s Pleading Rules
Florida Rule of Civil Procedure 1.130(a) provides:

“All documents and contracts upon which action may be brought or defense made shall be incorporated in or attached to the pleading. A copy thereof shall be filed with the pleading.”

Here, Plaintiff’s claim is explicitly based on a written contract, yet Plaintiff has failed to attach it to the Complaint or explain its absence. Under well-established Florida case law, this omission is fatal to the claim.

In Am. Parking Sys., Inc. v. Marchetti, 554 So. 2d 700 (Fla. 2d DCA 1990), the court held:

“A complaint based upon a written instrument which fails to attach the document or set it forth in the pleading is subject to dismissal.”

Similarly, in Thompson v. Bank of New York, 862 So. 2d 768 (Fla. 4th DCA 2003), the court dismissed a complaint because:

“[Plaintiff] failed to attach the contract upon which the breach of contract claim was based, in violation of Rule 1.130(a).”

Since Plaintiff’s Complaint relies on a contract but fails to attach it, dismissal is warranted under these precedents.

B. Dismissal is the Proper Remedy Under Florida Law
When a plaintiff fails to attach a contract or explain its absence, dismissal is not only appropriate but required. In Striton Props., Inc. v. Jacksonville Beach, 533 So. 2d 1174 (Fla. 1st DCA 1988),** the court ruled:

“Where a written contract forms the basis of an action and is not attached to the complaint, the complaint is subject to dismissal.”

Likewise, in Safeco Ins. Co. v. Ware, 401 So. 2d 1129 (Fla. 4th DCA 1981), the court held that a claim cannot be maintained when the plaintiff fails to attach a contract that is central to the claim.

Because Plaintiff has neither attached the contract nor provided any justification for its absence, the Complaint fails to meet Florida’s pleading standards and must be dismissed.

III. CONCLUSION
Plaintiff’s failure to attach the contract violates Florida Rule of Civil Procedure 1.130(a) and established case law. Defendant respectfully requests that this Court dismiss the Complaint with leave for Plaintiff to amend, should they choose to comply with the rules.

WHEREFORE, Defendant, DAVE DEXTER, respectfully requests that this Court:

1. Grant this Motion to Dismiss the Complaint;
2. Require Plaintiff to file an Amended Complaint attaching the written contract; and
3. Grant any further relief the Court deems just and proper.

Dated: [Date]

Respectfully submitted,

[Attorney Name]
[Law Firm Name]
[Address]
[City, State, ZIP]
[Phone Number]

Attorney for Defendant, DAVE DEXTER[/SIZE]

 

Be nice to watch the news with only 11 lawyer commercials vs 12

 

Correct, but there is less risk than white collar. There are some things that robots can't do yet. Those will be good for the next 10 years.

 

That applies to both blue and white collar though.

There has been a consistent move of automation making more efficient then taking over menial tasks, and moving on to the more complex. It didn’t always immediately result in job losses but the efficiency per worker has skyrocketed since the introduction of computers and advance manufacturing technology. The increased efficiency is effectively a substantial replacement of jobs (not complete as there are beneficial gains to higher efficiency).

My company has developed software that automatically designs for construction. It has absolutely cut jobs from the home construction market. Likewise we have created automation for building components that has reduced field and factory labor. Our next product will further reduce manufacturing head count by more than 50%. It’s coming everywhere.

 

Agree, we are in end game of the old barter system of capitalism. It doesn't work if large portions of the population can't work.

 

Guess gator_jo is a qualified lawyer after all

 

Just checked and we use Westlaw Precision with the Westlaw AI-Assisted Research option.

 

Nice. With Westlaw, I have Edge only. I have talked to a couple people who told me they think Precision is good but not a game-changer. I'm not sure if the AI-Assisted Research option you're referencing is "Co-Counsel" or something else. I'm also not sure if you can get one without paying for the other. We had a Co-Counsel presentation done for our office, and I think we are considering getting one or both, but I missed most of the meeting. Co-Counsel looked pretty cool based upon what little I saw. Will link it for others interested.

CoCounsel: One GenAI assistant for professionals

 

When our WL contract was up for renewal, I told our rep to just renew Edge. He told me that Edge was being phased out and told me that Precision was their next generation platform. He gave us a good price. I was not really interested in the AI add-on, but he gave us a demonstration, and gave us a very good price, and I was sold. I have been really impressed with its efficacy, and as I said up above, it provides me with quick synopses that would usually take a day or 2 for an associate to get me the memo. It is FAR FROM PERFECT, but a very helpful tool, at least so far. The best way I can describe it that it is a really a nice starting point, not an end-point.

I think Westlaw has its own proprietary AI platform.