Skip to main content
David S. Kemp
  • Projects
  • Presentations
  • Publications
  • Blog
  • About
Blog

Learning Machines


Lawyers are learning to work with artificial intelligence. Artificial intelligence is learning to work with law. This blog explores how — through pedagogy, practice, policy, and the ethical questions that connect them.

  • Sycophancy as a Failure Mode in AI-Assisted Legal Reasoning

    April 15, 2026 AI Legal Ethics Legal Technology

    Hallucination gets the headlines, but sycophancy may be the more dangerous failure mode for lawyers. An LLM that systematically validates your reasoning instead of challenging it functions as a mirror, not a counsel.

    Read more
  • A Delegation Framework for AI-Assisted Legal Work: Delegating the Task, Not the Judgment

    March 31, 2026 AI Legal Technology Prompt Engineering

    LLMs are good at generating options, structuring information, and doing legwork. They are not good at weighing what they generate. The most common mistake lawyers make with AI is asking it to exercise judgment lawyers should be exercising themselves.

    Read more
  • Context-Window Degradation as a Practice Risk

    March 30, 2026 AI Legal Technology Prompt Engineering

    LLMs degrade predictably as their context windows fill: losing track of middle-document content, dropping earlier conversation history, and producing confident output built on incomplete inputs. For lawyers using these tools on long documents, the question is not whether it happens but how to structure your work to prevent it.

    Read more
  • The Duty to Inform: Client AI Use as a Known Hazard After Heppner

    March 27, 2026 AI Legal Ethics Attorney-Client Privilege

    Heppner established that consumer AI conversations are not privileged. But the case also raises an uncomfortable question for practicing lawyers: if a known hazard to the privilege now exists, do you have a duty to warn your clients about it? The answer, under existing ethics rules, is almost certainly yes.

    Read more
  • API Access and the Limits of Data-Handling Compliance

    March 23, 2026 AI Data Privacy Compliance

    Using an LLM through an API rather than a consumer chatbot improves your data-handling posture, sometimes dramatically. But an API alone does not satisfy FERPA, HIPAA, or any other regulatory framework, and treating it as though it does mistakes a technical control for a legal one.

    Read more
  • Privilege and the Consumer Chatbot: Data Handling Across Claude's Tiers After Heppner

    March 20, 2026 AI Legal Ethics Data Privacy

    A comparison of Anthropic’s data-handling policies across Claude’s consumer and commercial tiers, and why the distinction now carries legal consequences after the SDNY’s decision in United States v. Heppner.

    Read more
Newer posts
  1. 1
  2. 2
  3. 3
Older posts

© 2026 David S. Kemp.

  • Projects
  • Blog
  • About
  • RSS

The views expressed on this blog are the author's own and do not represent those of any employer, institution, or affiliate. Nothing here constitutes legal advice. The author uses Claude to assist with website and blog design and content.