At IST Discover-E, we have years of experience helping our clients with their eDiscovery needs along with full scale legal support management systems. We are expert in creating and customizing eDiscovery processes that best fit our client’s needs and expectations. Our model is uniquely transparent, easy to understand and effective in aiding our clients get the decision they want for their clients.
Comingled terms – is it Artificial Intelligence or Technology Assistance?
Promising lower-costs and increased access to legal services, law’s basis on strict logical reasoning may be well-suited to AI. However, even in the age of cloud computing, AI has not advanced enough to be used in ways that match the amorphous nature of the law. Conversely, assistance by technologies in law has been building for years as E-discovery, automated document assembly and even legal research search engines have become commonplace. These technologies, however, still rely on a human element. A true AI system would be able to operate without the need for humans’ prior knowledge of a subject, reasoning to differentiate relevance, problem solving, perception, planning and adaptation. As yet, true AI technology does not exist in law.
Billable Time – What’s in it for me?
Some lawyers balk at the idea that they are resistant to technology simply for fear of change. Rather, hesitation is coming from a requirement to cover a lot of ground in early litigation in a short amount of time. Despite recent amendments to the FRCP meant to make the discovery process faster, more focused and reduced in scope thereby proportionally less expensive, lawyers still must know the facts of the case. If billable hours are at stake for a trusted in-house service versus an outsourced technology that may be billed as a pass through or only slightly marked-up, law firms will bill for the in-house service every single time. More so, lawyers may forego the use of AI or Technology Assistance because they believe a lawyer’s eyes on the documents are in the best interest of the case. It seems clear that gaining buy-in from lawyers is going to require a lot more education on top of aggressive, simple and pliable billing structures.
Artificial intelligence (AI) is trending in 2017. Hardly a day goes by without another article about the mind-blowing potential of applying AI to human processes. The topic has moved solidly beyond the technology press to the mainstream and even has prognosticators touting its benefits in law practice. Predictably, the AI buzz is not resonating within the legal community as they express real concerns about its practicality in law.
IST Discover-E White Paper:
Where does artificial intelligence fit in law?
Duty of Competence – What if the AI messes up?
A lawyer’s duties are well-defined by existing rules of professional responsibility including having enough knowledge about a chosen tool to be able to answer for it in the event of a mistake. A large source of resistance in the legal community stems from 1) a lack of trust in the AI itself; and, 2) a lack of trust that the AI creator will take responsibility in the event of a mistake. Responsibility that could take the form of crippling fines. Even more concerns lay in the fact that lawyers may never trust technology as much as human judgment, especially technology powered by proprietary, guarded algorithms.
Spurring the deeper adoption of Technology Assistance, and eventually AI, is the game-changing realization that we are now in a new era of massive data creation in multiple complex formats. Lawyers now need people, expertise and technology that can collect, process, cull and search this information much earlier in the case timeline. Whether AI technology is critical or not in today's legal landscape, lawyers' struggles to understand exactly what it is and how they should approach it are being addressed most by eDiscovery partner organizations like IST Discover-E.