AALL Spectrum

AALL Spectrum / September/October 2018 / Volume 23, Number 1

AALL Spectrum / Published by American Association of Law Libraries

Issue link: http://epubs.aallnet.org/i/1016225

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Page 19 of 51

18 AALL SPECTRUM | WWW.AALLNET.ORG Billing and Analytics Firms that collect clean data are able to take full advantage of that information and leverage it against administrative tasks. Client intake forms, matter man- agement, litigation budgeting, and fee structuring have all been assisted by AI in recent years. An example is Digitory Legal, which helps firms develop com- petitive pricing models, so in-house legal departments stay under budget when hiring outside counsel by tracking trends in past billing data. Chatbots can also be used to fos- ter a more efficient workflow in the office. Instead of searching through files and folders, employees can use natural language queries to ask a bot to retrieve documents, or bots can work as organization-wide assistants, connecting employees who are working on similar matters in different loca- tions. Katherine Lowry from Baker Hostetler won the 2017 AALL Annual Meeting Innovation Tournament with a chatbot that performed a similar lawyer-facing job. Tools such as Lex Machina from LexisNexis and Docket Alarm from Fastcase have used artificial intelligence to extract information from dockets, pleadings, motions, and opinions to help users understand parties, lawyers, law firms, and judges. These tools and services have also used big data to help firms and clients price risk and make better strategic decisions in litigation. Contract Analysis Drafting contracts is one of the most formulaic tasks lawyers participate in, but version control and consistency can often be a chore. Several tools on the market today remove the most tedious elements of contract drafting. ContractStandards is a company that helps drafters use machine learning to standardize contract language across documents and manage contract tem- plates. The result is contracts that follow unified rules across teams, making every step of the negotiation process easier. Parties can negotiate terms of deals, rather than argue over the language used to express those terms. Similarly, ContraxSuite from LexPredict allows users to search through contracts to identify legal trends and group them into different categories based on legal content and metadata. Standard analysis approaches (such as due diligence review) can be applied across document groups. The technology is promising, so much so that the Harvard Business Review recently published an article titled "How AI is Changing Contracts," in which doctoral candidate Beverly Rich argued that applying AI, and potentially blockchain, to contract drafting will soon be useful to all law firms, not just those in the BigLaw sector. Legal Research AI tools are not only replacing some human review in legal research, they are also creating new types of research tasks. For example, lawyers at Casetext, ROSS Intelligence, and Judicata have created tools that analyze briefs for completeness and accuracy based on the language in the brief, the cases cited, and the context. Fastcase created the world's first algorithmic citator, Bad Law Bot, which extracts negative citation history directly from the text of judicial opinions and their citations. Fastcase also uses the information architecture of citations, the map of citations in a list of search results, as well as software that learns from the aggregate search history of the database to rank the most important search results at the top of the list. Personality Insights The other major application for AI in the legal space lies in the area of per- sonality insights. Recently, the Seventh Circuit's Judge Richard Posner retired amidst claims that his colleagues were unduly biased against pro se litigants. It may soon be possible to accurately predict judicial outcomes and prove such claims of bias by analyzing the "personality" of opinion writers and aggregating their past decisions with AI tools. AI tools are not only replacing some human review in legal research, they are also creating new types of research tasks.

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