Technology as Part of the Culture for Legal Professionals -- a Q&A with Mary Grush and Daniel Christian

 


Technology as Part of the Culture for Legal Professionals A Q&A with Daniel Christian — from campustechnology.com by Mary Grush and Daniel Christian

Excerpt (emphasis DSC):

Mary Grush: Why should new technologies be part of a legal education?

Daniel Christian: I think it’s a critical point because our society, at least in the United States — and many other countries as well — is being faced with a dramatic influx of emerging technologies. Whether we are talking about artificial intelligence, blockchain, Bitcoin, chatbots, facial recognition, natural language processing, big data, the Internet of Things, advanced robotics — any of dozens of new technologies — this is the environment that we are increasingly living in, and being impacted by, day to day.

It is so important for our nation that legal professionals — lawyers, judges, attorney generals, state representatives, and legislators among them — be up to speed as much as possible on the technologies that surround us: What are the issues their clients and constituents face? It’s important that legal professionals regularly pulse check the relevant landscapes to be sure that they are aware of the technologies that are coming down the pike. To help facilitate this habit, technology should be part of the culture for those who choose a career in law. (And what better time to help people start to build that habit than within the law schools of our nation?)

 

There is a real need for the legal realm to catch up with some of these emerging technologies, because right now, there aren’t many options for people to pursue. If the lawyers, and the legislators, and the judges don’t get up to speed, the “wild wests” out there will continue until they do.

 


 

Justice for Some — from theatlantic.com and the American Bar Association (ABA)

Excerpts:

Today in the United States, millions of people like Carol lack access to basic legal resources for a variety of reasons. They forgo legal action because they find the system too overwhelming, for example, or because they perceive it to be too expensive. Many simply do not know when they qualify for legal services in the first place. And it isn’t an issue that affects only the elderly. Middle-class Americans, recent college graduates, first-generation immigrants, and new parents can all experience barriers to accessing the legal resources they need.

This issue affects lawyers, too.

DEFENDANTS FACING JAIL TIME in criminal cases have a constitutional right to be provided an attorney, but many people are surprised to learn there is no equivalent guarantee for individuals in civil cases. Typically, defendants in such cases—including divorces, domestic violence orders, home foreclosures, evictions, wills, and immigration applications—are responsible for attaining their own legal representation. And therein lies the gap.

By one estimate from the Legal Services Corporation1, 86 percent of low-income people with civil legal problems received inadequate or no legal help in the past year. Between 2015 and 2018, roughly 80 percent to 90 percent of domestic relations cases in Philadelphia involved at least one self-represented party. In 2016, 75 percent of low-income rural households experienced a civil legal problem, but only 22 percent sought professional legal help. And in 2017, 90 percent of evicted tenants in New York City never made an appearance in court.

 

“Search results have a huge influence on what people trust,” Hagan says. “If Google tells someone that an answer to their legal question is the number-one hit, people assume that it’s correct, unaware that it may be based on laws in another state. We have seen people click on Australian legal advice even if they’re in California.”

 

“We know the most successful technological solutions to the access-to-justice gap involve collaboration with lawyers, with technologists, with entrepreneurs and, hopefully to an increasing extent, with consumers,” Rodriguez says. “The object of what we’re doing is to improve the ability of lawyers to provide representation, not to supplant their businesses.”

 

The Age of AI: How Will In-house Law Departments Run in 10 Years? — from accdocket.com by Elizabeth Colombo

Excerpt:

2029 may feel far away right now, but all of this makes me wonder what in-house law might look like in 10 years. What will in-house law be like in an age of artificial intelligence (AI)? This article will look at how in-house law may be different in 10 years, focusing largely on anticipated changes to contract review and negotiation, and the workplace.

 

Also see:
A Primer on Using Artificial Intelligence in the Legal Profession — from jolt.law.harvard.edu by Lauri Donahue (2018)

Excerpt (emphasis DSC):

How Are Lawyers Using AI?
Lawyers are already using AI to do things like reviewing documents during litigation and due diligence, analyzing contracts to determine whether they meet pre-determined criteria, performing legal research, and predicting case outcomes.


Document Review

Analyzing Contracts

Legal Research

Predicting Results
Lawyers are often called upon to predict the future: If I bring this case, how likely is it that I’ll win — and how much will it cost me? Should I settle this case (or take a plea), or take my chances at trial? More experienced lawyers are often better at making accurate predictions, because they have more years of data to work with.

However, no lawyer has complete knowledge of all the relevant data.

Because AI can access more of the relevant data, it can be better than lawyers at predicting the outcomes of legal disputes and proceedings, and thus helping clients make decisions. For example, a London law firm used data on the outcomes of 600 cases over 12 months to create a model for the viability of personal injury cases. Indeed, trained on 200 years of Supreme Court records, an AI is already better than many human experts at predicting SCOTUS decisions.

 

Digital workplaces are the future for the legal industry — from abovethelaw.com by James Lo
The speed of business is accelerating, and digital workplaces are answering the demand for a better way to work, by providing a single platform to manage content, people, and applications. 

Excerpt:

The consumerisation of enterprise technology has led to an increasing expectation from lawyers, clients, and business users alike that the legal technology they are using in the workplace for collaboration, knowledge management, transaction management, and more should be as useful, intuitive, and user-friendly as what they are already using at home on a day-to-day basis.

Digital workplaces are answering the demand for a better way to work, by providing a single platform to manage content, people, and applications. As law firms review their technology strategy for the next three to five years, there is an opportunity to create digital workplaces that will match how lawyers will want to work in the future. Within a digital workplace, a lawyer will have access to relevant data and content, collaborate with both clients and colleagues, share knowledge, and solve problems, all in real-time, from anywhere.

At the same time, clients are expecting firms to be using data, artificial intelligence and other technologies to predict outcomes, reduce costs, improve transparency and ultimately add value. 

 

After 40 Years of Constant Change, What’s Next for the Legal Industry?  — from law.com by Dan Packel
Few could have anticipated the dramatic shift in scope and scale the industry has undergone since The American Lawyer’s founding 40 years ago. We asked some of the law’s brightest thinkers what we can expect over the next 10.

Excerpts (emphasis DSC):

Technology and Upheaval
While it’s easy to conclude that the technological revolution that’s already been unleashed will continue to drive transformation over the next 10 years, it’s harder to pinpoint how.

Expect more and more tasks to become subject to automation—not just contracts and e-discovery but also areas like trademarks and due diligence for mergers, for starters.

Technology and artificial intelligence on their own are noteworthy, but what’s more compelling is the impact they will have on how firms are structured.

“Everything that can be taken out of the hands of subject-matter experts and handed over to the process experts and technologists will be,” says Orrick, Herrington & Sutcliffe Chairman and CEO Mitch Zuklie. “There will be far fewer associates sitting in rooms with documents and more strategic partnerships among law firms and legal tech providers.”

This transition could help chip away at the supremacy of the billable hour.

Not only will technology move up the value chain for litigation, it will also emerge as a greater player on the deal side. Jae Um, director of pricing strategy at Baker McKenzie, expects to see a much greater focus on compliance and regulatory technology in the next five years.

As AI solutions, which depend upon machine learning, are slowly deployed in the marketplace, their efficacy will inevitably grow.

 

How about a little wild speculation to wrap this up?  With more nonlawyer specialists finding professional homes in law firms, it’s a short leap to hybrids between law firms and professional services operations. Imagine consultants and accountants working together with lawyers and technologists to solve clients’ increasingly complex problems. And what about a high-profile merger between a Big Four firm and a global law firm? I wouldn’t rule it out.

 

 

Four Big Themes Of Legal Tech + Innovation in 2019 — from artificiallawyer.com

Excerpt:

Many people are now heading off on holiday after what has been a frenetic period of change in the realm of legal tech and law firm innovation. In this article Artificial Lawyer identifies four key themes that help to make sense of what is happening.

These four themes are:

  1. Consolidation and Platformization;
  2. Continued Proliferation of Legal Tech Companies;
  3. Incubator/Accelerator Growth;
  4. More Than Law – Law Firms as Tech Producers.
 

Eight tips to thrive in the evolving legal landscape — from lawtechnologytoday.org by Bethany Runyon

Excerpt:

There is no question that technology has changed the way lawyers work, shaped how law firms operate and affected organizational culture. The business of law is more complex and competitive than ever, and it will only continue to evolve as alternative service providers gain ground, pricing structures change and client expectations shift.

To get you prepared, our team at HighQ would like to offer eight tips to thrive in the evolving legal landscape.

 

International Legal Tech Conference Breaks Attendance Record — from biglawbusiness.com by Sam Skolnik

Excerpt (emphasis DSC):

Law firms are cashing in on blockchain through the growth of practice groups that represent blockchain developers and users. Attorneys are also are considering growing their use of “smart contracts,” which are blockchain based.

In addition to seeking continued growth in its membership and conferences, ILTA in the coming year will be focusing on diversity and inclusion within the legal tech sector, said Rush.

Legal tech investments have skyrocketed from $233 million two years ago to $1.7 billion in 2018, according to figures from the Legal Tech Sector Landscape Report by Tracxn Technologies.

 

Big Law ‘App Store’ Reynen Court Officially Launches, Announces Elevate Partnership — from law.com by Krishnan Nair and Zach Warren
Reynen Court’s aim is to provide law firms with a single platform to install, use and manage the abundance of legal tech products available to firms from various vendors.

Excerpt:

The company has now launched the platform, with Elevate agreeing to make three of its technologies available on Reynen Court’s legal tech app. These three products include a legal AI and document analytics platform called ContraxSuite; legal project management app, Cael Project; and a billing app called Cael BillPrep.

Elevate VP of software products Sharath Beedu said in a statement: “In essence, it’s a private, curated ‘app store’ where products are pre-packaged for easy installation within each firm’s respective IT environment. This enables firms to try new systems without using third-party cloud environments, which is prohibited by many of their clients.”


Also see:

 

How tech is helping courtroom newbies become virtual pros — from law360.com by Brandon Lowrey

Excerpt:

You walk into a courtroom and a woman strides toward you with an outstretched hand, rattling off details about a new case. There’s a settlement conference this afternoon, you learn — and you’re going to be there representing your new client.

If you don’t know who this person is, just look at the words hovering over her head: “Supervising Attorney.” Nervous because you’ve never been in a courtroom before? Don’t worry — you still haven’t.

This is how a virtual-reality training video begins for some attorneys who have volunteered to handle pro bono renter-landlord cases through the San Francisco Bar Association.

They don virtual reality goggles to prepare for their first courtroom experiences. Harvard Law Access to Justice Lab researchers hope that the program will embolden attorneys who’ve only worked in front of a computer screen rather than a judge to volunteer at pro bono clinics to help out in the courtroom.

This can be a terrifying prospect for some attorneys, and it’s a big reason why many wash out when they discover what’s expected of them.

 

The program in San Francisco is one of several planned studies to see whether a 15-minute virtual reality experience might make attorneys usually holed up in cubicles more willing to take on pro bono work and, when they do, win better outcomes for their clients. If it works, it could become a more widely used tool used to prepare attorneys in legal-aid settings and beyond.

 

Also see:

 

Why more law schools are prioritizing technology integration — from edtechmagazine.com by Eli Zimmerman
Universities are investing in video conferencing, artificial intelligence and more to ensure future lawyers remain competitive and prepared.

Excerpt:

Lawyers are beginning to show interest in incorporating technology into practice — the American Bar Association has even dedicated an entirely new section of their website to available, relevant technologies. As this interest grows, law schools are incorporating innovative solutions into their curriculums to prepare students for legal careers that will involve more technology than ever before.

The push for a more technology-oriented law school experience comes as professionals and educators become more aware of the inevitable merge of traditional practice with the tools of tomorrow.

“If we can help students understand that technology, and specifically AI, can create a much more streamlined, efficacious means of connecting lawyers to consumers of legal services, and reorient or recalibrate what it means to provide legal services by lawyers, then that’s an enormous benefit for us as legal educators in educating our students to the value and capacity of law to provide access to justice,” says Daniel Rodriguez, former dean of Northwestern University Pritzker School of Law in a Legal AI News article.

 

Also see:

  • Client-Driven Innovation: The Future of Legal Technology — from lawtechnologytoday.org by Vishal Rajpara
    Excerpt:
    After nearly 20 years of steady innovation-focused primarily on e-discovery, legal technology appears to be entering a new phase. While the legal profession as a whole is still somewhat skeptical of technology and wary of change—especially when compared to other industries—most lawyers now accept the premise that automation and process optimization are essential to managing law firms and legal departments more efficiently in a dynamic, hypercompetitive business environment that is increasingly data-driven.

 

Advanced technologies built into the platform.
Artificial intelligence technologies like machine learning, natural language processing, and data analytics must be included in legal technology platforms rather than dangled as extras for an additional cost. The utility and power of these technologies have the potential to transform the industry if organizations can apply them—at a reasonable, predictable, and sustainable cost—to workflows where they make the most sense. These capabilities are game-changers that can be applied to nearly every facet of legal operations and litigation, whether it’s ECA and TAR in discovery or billing and invoicing or long-term multi-matter management. AI and analytics help organizations leverage data to understand the details of their operations, monitor trends, refine processes, and predict budget and resource requirements.

 

 

Governments take first, tentative steps at regulating AI — from heraldnet.com by James McCusker
Can we control artificial intelligence’s potential for disrupting markets? Time will tell.

Excerpt:

State legislatures in New York and New Jersey have proposed legislation that represents the first, tentative steps at regulation. While the two proposed laws are different, they both have elements of information gathering about the risks to such things as privacy, security and economic fairness.

 

 

I opted out of facial recognition at the airport — it wasn’t easy — from wired.com by Allie Funk

Excerpt (emphasis DSC):

As a privacy-conscious person, I was uncomfortable boarding this way. I also knew I could opt out. Presumably, most of my fellow fliers did not: I didn’t hear a single announcement alerting passengers how to avoid the face scanners.

As I watched traveler after traveler stand in front of a facial scanner before boarding our flight, I had an eerie vision of a new privacy-invasive status quo. With our faces becoming yet another form of data to be collected, stored, and used, it seems we’re sleepwalking toward a hyper-surveilled environment, mollified by assurances that the process is undertaken in the name of security and convenience. I began to wonder: Will we only wake up once we no longer have the choice to opt out?

Until we have evidence that facial recognition is accurate and reliable—as opposed to simply convenient—travelers should avoid the technology where they can.

 

To figure out how to do so, I had to leave the boarding line, speak with a Delta representative at their information desk, get back in line, then request a passport scan when it was my turn to board. 

 

From DSC:
Readers of this blog will know that I am generally a pro-technology person. That said, there are times when I don’t trust humankind to use the power of some of these emerging technologies appropriately and ethically. Along these lines, I don’t like where facial recognition could be heading…and citizens don’t seem to have effective ways to quickly weigh in on this emerging technology. I find this to be a very troubling situation. How about you?

 

Daniel Christian -- A technology is meant to be a tool, it is not meant to rule.

 

 

What's the future of law?

Excerpts:

There’s no crystal ball for the legal industry, just as there’s none for life. That said, industry trends don’t arise out of the ether — they develop over time. These trends collectively form the basis for estimations about what the future of the legal industry will look like.

These industry insiders have studied the trends, and they lent us their insights into the future of law. Take a look:

 

#AI #legaloperations #legal #lawfirms #lawyers #lawschools #legaltech #disruption #paceofchange

From DSC:
In looking through these perspectives, one can often see the topics of emerging technologies, changing client expectations, and changing business models.

 

Addendum on 7/1/19:

What Does 2019 Hold for Legal AI? — from law.com by Emily Foges
What developments can we expect in the next year? Where and in what new ways will AI tools be deployed?

 Just as accountants no longer imagine life without excel, lawyers will soon be unable to imagine their day-to-day without AI.

Technology should be seen to work seamlessly in tandem with the lawyers, surfacing relevant and pertinent information which the lawyer then decides to act on.

 

 

We’ve been warned about AI and music for over 50 years, but no one’s prepared — from theverge.com by Dani Deahl
‘This road is literally being paved as we’re walking on it’

Excerpt:

AI is capable of making music, but does that make AI an artist? As AI begins to reshape how music is made, our legal systems are going to be confronted w/ some messy questions regarding authorship.

 

 law will also have to contend with the bigger issue of authorship. That is, can an AI system claim legal authorship of the music it produces, or does that belong to the humans who created the software?

 
© 2025 | Daniel Christian