research and reasoning is data analytics; it examines and aggregates a vast array of data and provides the lawyer with data-driven insight into the behavior of the individuals — the judges and lawyers — in specific kinds of cases, faced with specific kinds of arguments. Thus, data analytics allow lawyers to understand trends and patterns in past litigation that they can employ to inform legal strategy and anticipate outcomes in current cases. The underlying premise is that each of us — lawyer, judge, client — has latent behavioral tendencies when choosing arguments, writing briefs, engaging in oral argument, asking questions from the bench or conducting hearings, deciding cases and electing strategies. Rather than sending an email around the office asking colleagues what they know about this lawyer or that judge or how this party reacts in litigation — imperfect anecdotal information at best — this AI platform analyzes a vast quantity of data, at warp speed, and delivers a factual, datasupported, answer: In x percent of trademark cases, Judge Y has found the challenged mark confusingly similar and these four arguments prevailed with her z percent of the time. Or, in a securities case, lawyer x has brought a Rule 12(b)(6) motion — q percent unsuccessful — in y percent of the cases he defended. Clients, especially sophisticated in-house counsel, also have a tool by which to evaluate and choose counsel. No need for dog and pony. Rather, how successful has lawyer x been in defending employment discrimination allegations in a particular district, or before a particular judge, against a particular opponent. No more slick brochures and lawyer performances; hard data, analyzed from a vast array, is difficult to ignore.1
What Will This Mean To The Profession? In overwhelming respects, AI will enhance our ability to serve clients. Think, for example, of the asymmetry of a plaintiff’s employment or securities case. No longer will a small plaintiff’s firm necessarily be outgunned by “Big Law” — with layers of associates and paralegals — on the defense. The small firm, or even the sole practitioner, now has 1
available overwhelming data analytics tools; and many more will follow. AI is a tool; AI, at least as we know it, will never replace human judgment. Rather, it frees the lawyer from much of what we currently do — researching and analyzing information — by delivering research product and analyzed data to us so quickly that we have time to think, exercise judgment and engage creatively. Critically, it will allow us to do so much for clients more economically — as the sidebar article discusses. After all, technology does not get tired, show up late, call in sick or take vacation, and doesn’t need food or other breaks. What, however, about those cadres of lawyers, paralegals and other personnel at firms currently doing legal research, analyzing documents, reading transcripts and engaging in all the other people-intensive tasks? AI will replace most of those tasks. On the other hand, AI will create the need for those who can develop and manage AI computers — legal engineers — and those who will be writing the necessary algorithms. What about all of the billable hours that legal research, document analysis and transcript reading produced? They will disappear; firms will have to rethink their operating business models. Thus, AI will both transform the practice of law and eliminate parts of it. For all lawyers, AI will mean adapt and embrace or be left behind — as other technological innovation has also affected the profession. To return to the email analogy, we will not be able to “delegate” AI to someone else within the firm. But no need to panic. AI platforms are not just for the “tech savvy”; the interfaces are user-friendly and often intuitive. Spoken language recognition will soon become routine — like my St. George. We need not fear the further advent of AI. Yes, it will transform much of how we practice today, but in ways that will allow us to better serve our clients. Edward McIntyre (edwardmcintyre1789@gmail.com) is an attorney at law and co-editor of San Diego Lawyer.
The AI platform identified is Lex Machina, headquartered in Menlo Park. Its product is currently used by a number of law firms and corporations.
Artificial Intelligence TECH & Legal Services for the Public Good
A
rtificial intelligence (AI) disruption of the legal industry is imminent. Recent advances in natural language processing and machine learning algorithms now allow software to review documents — more quickly and accurately than lawyers. AI has the potential to save costs on routine legal services — document review, regulatory checks, trial research. Yet, as much as AI may benefit firms, it has the potential to displace them. How, then, can law firms keep pace with technological innovation and integrate computational power into their firms — rather than be displaced by it? One suggestion: provide AI and computationally aided legal services to underrepresented groups. Thus, firms may both hedge against AI risk and serve the public good. Currently, legal service delivery gaps exist for people who earn above the maximum income limit to receive services through Legal Aid ($25,812 for a family of four), but not enough to afford a lawyer charging $150$500 an hour. Routine tasks, however, for which it is prohibitive for law firms to charge below industry rates, can be automated; technologically integrated; and an entirely new client market retained. From family to immigration law, child and elder services, bankruptcy and consumer law, AI will enable firms to deliver routine legal services at a fraction of the cost, benefiting underrepresented groups. Legal bots will reduce client intake time, informing them about what to expect and introducing them to processes, costs and forms. AI can scan thousands of documents and draw from databases to suggest filing and judgment outcomes, drastically reducing billable hours and improving service delivery. Firms that adapt most quickly to this technological frontier, leverage AI and serve underrepresented groups will achieve a dual strategic advantage. Thus, AI can both serve the public interest and fill legal service delivery gaps within law firms. While it isn’t clear how soon AI will disrupt the legal industry, it is clear that legal service delivery is inextricably tethered to AI processing power. This hybrid field follows new rules: adapt and embrace or be disrupted. Mirona Constantinescu (mirona@ucla.edu) is a computer programmer and law student at California Western School of Law. March/April 2018 SAN DIEGO LAWYER 23