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The Artificial Intelligence Trifecta

Better Results for Better


Clients by Better Lawyers
The Artificial Intelligence Trifecta

A rtificial intelligence, or AI, is the next


frontier that will revolutionize the way
we work in the coming years. The practice of
Although we colloquially refer to many non-
AI devices as smart, much of what seems
like smart technology is not. Smartphones,
law is no exception. for example, are connected to the internet
and make our lives easier in many ways, but
But questions abound. Will the increase in they do not use actual AI to do so. Most of
AI applications reduce the need for lawyers? what our smart devices can do is, in fact,
What will graduating lawyers do if computers done through a simple internet connection
take over entry-level jobs? Can your firm and automation of tasks. With automation,
afford AI technology and the knowledgeable a computer is programmed with a series
workforce required to make use of it? of rules that it can then apply quickly and
accurately, as in spreadsheet formulas, or
The truth is that AI is poised to pave the automatic formatting of documents. Similarly,
way for systemic improvements in how we ad-targeting and product-suggestion
practice law, and it can do the same for applications are generally automated
your legal practice. AI applications have the systems. While they can be frighteningly
potential to make your firm better in three accurate, these suggestions are rule-based,
primary ways: giving you better results, for not thought-based.
better clients, from better lawyers.
On the other hand, several well-known AI
Does this sound too good to be true? Let applications are already in the public sphere.
us start by looking at what AI is and what it These include chess-playing computers,
is not. We will then turn to how it can forge self-driving cars, and speech-recognition
improvements in your practice. software. These generally use machine
learning: the system is taught basic rules,
WHAT IS AI? and then allowed to analyze numerous
examples, literally learning through feedback
AI is a broadly defined term that as it goes. The more—and the more varied—
encompasses a range of technologies. examples that the computer can analyze, the
Generally speaking, it refers to computer faster and better it learns. Even where we
systems and software that can carry out have not yet fully embraced AI solutions, we
complex tasks: those that previously required are inching closer every year. For instance,
human intelligence to do. These tasks self-driving cars are not yet commercially
include recognizing spoken and written available, but many cars are capable of
language, translating languages, perceiving parking themselves by using cameras and
the environment (both visually and proximity sensors to avoid mistakes while
otherwise), synthesizing information, following a simple automated script about
and making decisions based on inputs. how to maneuver into a space.

Note that most AI applications available


today use what is called weak or narrow AI:
they are designed only for a single, specific
AI applications available today are designed only for a application. These systems cannot think
single, specific application. These systems can’t think outside of the context for which they are
designed. A self-driving car may drive better
outside of the context for which they are designed. A than any human, but it still cannot tell you
self-driving car may drive better than any human, but where you should go. Strong AI, or true
it still can’t tell you where you should go. Strong AI, or machine thinking, is still in development.
Due to the astonishing complexity of the
true machine thinking, is still in development. human brain, figuring out how to build

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The Artificial Intelligence Trifecta

coded documents provided at the outset.


Similarly, contract analysis software learns
Contract analysis software learns the language of a set the language of a set pool of contracts. It
pool of contracts. It can then quickly analyze a new can then quickly analyze a new contract to
contract to determine whether it is missing key clauses, determine whether it is missing key clauses,
uses words inconsistently, or varies from a desired uses words inconsistently, or varies from a
standard form. desired standard form.

In considering the future of legal AI,


machines with the ability to truly think has remember that computers excel at pattern
lagged behind designing solutions for recognition and repetitive tasks. This is
specific problems. fortunate in that the tasks that humans
find least rewarding— such as the rote
So, if your computer cannot yet think for you, completion of forms, contracts, and the
what exactly can AI do for lawyers? tedious detailed searching for errors and
inconsistencies—are just what computers
AI FOR LAWYERS do best. For example, AI applications can
already do these mundane jobs:
The universe of data is exploding. In 2013, • evaluate and even generate standard
IBM reported that 90% of the data in the contracts
world had been created in the previous two • search for words or concepts for
years, and data production has continued to discovery responses
increase since then. Untold amounts of that
• search for data patterns that may
data have the potential to affect legal claims.
indicate risks or threats
Lawyers must find a way to sort and assess
• research similar fact patterns in case law
that data to adequately advise their clients
about their rights, obligations, and liabilities. • identify persuasive arguments before
a specific court or judge and predict
Sorting data is costly and time-consuming. outcomes
According to several studies, 70% of the
costs of litigation arise from discovery, Having computers perform these tasks
and 70% of those discovery costs consist avoids delays. AI also increases consistency,
of document review. Automation and AI particularly in documents such as contracts,
1 David Selinger, Big Data: applications can narrow the universe of data and allows variations to be eliminated or
Getting Ready for the 2013 flagged for individual attorney consideration.
Big Bang, FORBES, Jan. 15,
that must be reviewed manually, allowing
2013, https://www.forbes com/ lawyers to focus on the most relevant Consistent documents allow for consistent
sites/ciocentral/2013/01/15/ information, and avoid wasted time. Such management of obligations and
big-data-getready-for-the-2013- expectations, increasing confidence in the
applications already exist.
bigbang/#d402f6a38c55.
2 ABA Section of Litigation
results, and saving time.
Member Survey on Civil Practice: Through iterative machine learning, AI
Full Report, Dec. 11, 2009, https:// applications are able to learn over time
www.americanbar.org/content/
dam/aba/migrated/litigation/ about the relationships between reoccurring
survey/docs/report_aba_report. words. This means that, with enough input,
authcheckdam.pdf; Nicholas M.
Pace and LauraZakaras, Where
these programs can recognize the same The tasks that humans find least
the Money Goes: Understanding
language or legal concepts, no matter rewarding—such as the rote
what words are used to express them.
Litigant Expenditures for
Producing Electronic Discovery, Therefore, through predictive coding,
completion of forms, contracts,
2012, p. xvi, available at http://
technology-assisted review software can and the tedious detailed searching
www.rand.org/content/dam/rand/
pubs/monographs/2012/RAND_ identify documents that are similar in for errors and inconsistencies—
MG1208.pdf. concept or topic to the pool of relevant are just what computers do best.

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The Artificial Intelligence Trifecta

BETTER RESULTS
In short, the market will adapt to AI regardless of Your primary goal is to obtain better results
whether your firm does. To be on the leading edge, for your clients. AI solutions can help your
consider how AI solutions can help your firm create firm meet that goal by accelerating the way
better results, work with better clients, and employ you work. This next wave of technological
better lawyers. revolution will likely be as significant as the
last one.
Note that, at least for now, AI solutions
produce a starting point, not a finished 30 years ago, attorneys, and indeed all
product. Ethical, responsible firms employing professionals, had to redline documents
this technology will still use qualified lawyers by hand, and retype edited documents (or
to review the results provided by the ask their secretaries to do so). Computers
computer. and word-processing software completely
upended the way we write. Now, our
But this is just the beginning. In the future, software can proofread for us, suggesting
computers using AI will probably be able to changes and ways to make our writing
completely handle tasks such as: stronger. Similarly, just 20 years ago, most
• assessing risk based on patterns of data legal research was done in the stacks of a law
and tracked behaviors library. Today, case law is all online, and in
• drafting contracts, briefs, and outlining mere seconds our computers can complete
legal arguments based on case law searches that would have taken days of
• predicting litigation outcomes based focused work to look up in books.
on an analysis of the facts and available
arguments as applied to the case law of AI solutions are bringing about another
a jurisdiction transformation of legal practice as computers
start to do more of our work and do it better
The advantages to AI will only accumulate than humans can. AI will not replace lawyers,
as the marketplace adapts to its use. AI but the speedy analysis that it enables will
applications will increase the speed and redefine the way we practice law. We can
responsiveness of research, document look forward to the following ways that AI
analysis, and the accuracy of outcome can improve our work and results for our
predictions. As they do, clients will expect clients.
more customized results, and will not
tolerate excessive spending on repetitive Deeper Analysis
tasks that computers could do better
and faster. Similarly, junior attorneys and While case law research was revolutionized
millennial associates will no longer be by online services, cases must still be
satisfied doing routine work that they know searched with complex Boolean keyword
could be better done by machines. Retaining strings that often fail to capture all the
top talent in the next generation will require relevant results. New software with AI
embracing technological advances. solutions that learn and recognize legal
concepts—however they are phrased—will
In short, the market will adapt to AI allow faster and more complete searches.
regardless of whether your firm does. To
be on the leading edge, consider how AI
solutions can help your firm create better AI will not replace lawyers, but the
3 U.S. Courts, “Judicial Facts and
Figures,” Sept. 30, 2015, http:// results, work with better clients, and speedy analysis that it enables will
www.uscourts.gov/sites/default/
files/Table4.01_0.pdf.
employ better lawyers. Let us look at each
redefine the way we practice law.
in turn.

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The Artificial Intelligence Trifecta

to the information most likely to be relevant


for a more focused review. Similarly, contract-
Nimble, real-time adaptation to the review software can expedite contract
shifting legal world will allow you to give drafting, editing for common inaccuracies
your clients the best possible results. like erroneous numbering, undefined terms,
and mismatched cross-references, cutting
These nearly instantaneous search results hours of proofreading time to mere seconds.
will allow attorneys to analyze fact patterns
and legal theories in greater depth and with Better Prediction and Risk Assessment
enhanced confidence in the results. Faster
Since AI software can scan both case law
searches can also encourage more creative
and client-generated data on an ongoing
approaches. AI research software will give
basis, it can continually search for patterns
attorneys time to check out novel ideas,
and learn to recognize potential problems
and will allow them to do so quickly without
earlier. AI programs can learn over time what
worrying about wasting time on a creative
correlations in data might indicate criminal
solution that may not pan out.
activity or security breaches, averting crises
before they even happen. This may allow
More Agility
AI solutions to spot potential litigation
Litigation typically takes years, during sooner, institute an automatic litigation
which research grows stale. Therefore, hold while the problem is investigated, and
background research and analysis must improve strategic decision-making. Similarly,
be repeated periodically to keep the legal cybersecurity AI applications reinforce other
team abreast of changes in the law or in security measures, protecting law firms from
the authority supporting an argument. hacker attacks.
Computers can continually scan the universe
of case law, recognizing similar cases and When your firm provides exceptional results
tracking their progress and outcomes. This that empower your clients to make better
allows for better prediction of outcomes, decisions, a wonderful thing happens: your
quicker recognition of changes, and a faster clients can do their work better, and your
response to those changes. By pinpointing firm strengthens its client roster.
cases that may be similar to your own, AI
software will allow lawyers to adjust their BETTER CLIENTS
approach as the law evolves. Nimble, real-
time adaptation to the shifting legal world Through AI solutions, your firm will be able
will allow you to give your clients the best to serve better clients in two distinct ways:
possible results. you will be able to improve your existing
clients by helping them manage their own
Faster Review business better through enhanced legal
services, and you will also attract—and
Whether you are reviewing contracts, briefs,
retain—more sophisticated, forward-thinking
or marketing copy, natural-language AI
clients. Further, actively demonstrating that
solutions will help you analyze documents
your firm values speed, efficiency, and
faster while providing customized
suggestions for in-depth review. Take
e-discovery approaches as an example. When your firm provides exceptional
Today, legal teams can use technology- results that empower your clients to
assisted review to pinpoint the most relevant make better decisions, a wonderful
information for attorney review. This initial thing happens: your clients can do
stage of review can quickly and easily their work better, and your firm
winnow the universe of potential data down strengthens its client roster.

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The Artificial Intelligence Trifecta

computers can do. AI solutions offer a selling


AI software will simply give your point for your firm.
attorneys more time to engage
in outward-facing work. Customizing Results

Using AI applications to perform faster, more


technological advances can attract a new
in-depth searches, and draft cleaner, more
generation of clientele that holds those same
customized documents will allow you to
values.
quickly and transparently target your results
to exactly what each client needs. Rather
How do you show that these values are
than “one size fits all” representation, you
important to your firm? How can AI solutions
will be able to use the faster results of AI
help? These are just a few of the ways.
solutions to pinpoint critical differences in
your clientele and adjust your approach
Communicating More Effectively
for each individual client’s needs. Flexibly
When your lawyers use AI solutions to obtain tailoring your representation will also help
faster results, they can communicate with you to meet your clients’ needs as they
their clients earlier and give more timely change over time.
advice. Moreover, when lawyers do not have
to spend their own time combing through Minimizing Wasted Time
details, but can instead let the computer
By letting AI applications do the time-
take a first pass, they have more time to
consuming initial stages of research and
talk with clients. The key attorney skills of
drafting, lawyers will minimize the time they
advising clients, analyzing legal theories, and
spend on these repetitive tasks. Rather
arguing cases are still human-centric tasks.
than billing hours for these tasks, you can
AI software will simply give your attorneys
automate the first pass, freeing up time
more time to engage in that outward-facing
to focus on the higher-level human work
work, helping clients to fully understand their
of lawyering. This efficiency will attract
options. Better-informed clients make better
clients who are themselves efficient and
decisions and feel more secure with the
technologically savvy.
counseling that they receive.

Again, these improvements are not just


Marketing to a New Generation
about finding new and better clients; there
The upcoming generation grew up with are ways to help current clients do their own
technology and understands its value. business better. And you may have already
As that generation enters the workforce, noticed the synergy between better results
becoming potential clients, they will seek and better clients, which leads naturally to
out law firms that share their appreciation better lawyers.
for AI approaches. Demonstrating your firm’s
knowledge and acceptance of technological BETTER LAWYERS
solutions will put you ahead of the curve,
especially in the “traditional” field of law. AI Again, the ability to provide results for
solutions will help you target your marketing better, smarter, more informed clients is a
to younger, forward-thinking clients. Firms tremendous benefit for lawyers—but the
that actively demonstrate their use of benefits of AI solutions do not end there.
technology to improve workflows will appeal In much the same way that AI can enhance
to this new generation—who will not want to the quality of clientele that you serve, it also
spend money on repetitive tasks that drives improvements in both the lawyers who

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The Artificial Intelligence Trifecta

that computers excel at. When computers do


the first pass, lawyers save time and energy
From in-house counsel to and can focus on the work they trained to
litigators to attorneys in sales, do.
marketing, human resources,
and every other department, Avoiding Monotony and Tedium
AI applications offer a range of AI takes over the grunt work that lawyers—
benefits that will ultimately lead especially junior associates—have typically
to better lawyers doing better been saddled with. Many lawyers report
that the work of lawyering is not what they
and more satisfying work. expected when they went to law school.
Instead of engaging in the work they
already work with you and in those who want
envisioned, arguing cases in court or going
to join you.
head-to-head in high-stakes negotiations,
most lawyers spend too much time on
At its heart, the practice of law involves
tedious, repetitive data and document
listening, reading, analyzing, and
review. Rarely do lawyers get to engage in
persuasively writing or speaking about that
the analytical deep thought and creative
analysis, whether to convince courts or
case analysis that they are trained to do and
opposing counsel, or to advise and counsel
excited about. When computers take over
clients. Those critical tasks cannot be done
the tedious tasks, not only do lawyers save
by machines. Thankfully, the human-specific
time, but they are freed from the worst work
work elements are also usually the ones that
of lawyering.
most lawyers enjoy best. After all, how many
people went to law school so they could do
Allowing More Creative Work
document review or proofread contracts?
When lawyers can step away from repetitive,
From in-house counsel to litigators to mindless work, they can focus their efforts on
attorneys in sales, marketing, human more creative, thoughtful, in-depth analysis.
resources, and every other department, AI Additionally, they will not have to reinvent
applications offer a range of benefits that will the wheel each time they begin drafting a
ultimately lead to better lawyers doing better contract or other document. AI solutions
and more satisfying work. Here are just a few that can organize contracts, briefs, and
of the ways that AI enhances lawyers’ lives research, applying what they have learned
and work product. and incorporating your firm’s institutional
knowledge, will enhance attorneys’ creative
Saving Time application.
Saving time is not a benefit just for clients.
Providing Greater Job Satisfaction
Historically, lawyers have had to spend too
much time on repetitive, detailed combing With more time to focus on the interesting
through of data, regardless of whether it’s work and less time in the trenches doing
case law research, discovery screening, or drudge work, lawyers can experience greater
document generation and analysis. Often, job satisfaction and a higher overall quality
4 Nicole Black, “Lawyers, Cloud these processes must be done over and over
Computing, and Mobile for a single case. When litigation routinely
Technology in 2016,” LEGAL IT
PROFESSIONALS (July 11, 2016),
spans months or years, and new case law When computers take over the
https://www.legalitprofessionals. is decided every day, case research and tedious tasks, not only do lawyers
com/legal-it-columns/8775
lawyerscloud-computing-and-
analysis cannot be one and done. But these save time, but they are freed from
repetitive tasks are exactly the type of work
mobiletechnology-in-2016. the worst work of lawyering.

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The Artificial Intelligence Trifecta

of life. This is a selling point for your firm


to not only keep your best lawyers but AI applications are not likely to
also to attract and retain new top talent.
Lawyers want to have time to talk with their
replace lawyers anytime soon—
clients, to think deeply about their cases, but they will transform the way
and to engage in the more interesting and law firms provide legal services.
challenging parts of the practice of law. Will your firm be ahead of the
curve or left behind?
Attracting Young, Tech-Friendly Talent
Whether or not your firm embraces these
Just as a new generation of technologically
new applications will affect the results
advanced clientele is attracted to firms that
you can provide for your clients and
embrace AI solutions, new attorneys are also
the job satisfaction of your lawyers. AI
searching for firms where they will fit in.
solutions do require an initial investment,
Millennials recognize that computers can
but that investment has a compounding
tackle the mind-numbing work that was
effect. AI solutions give firms the ability
historically done by junior staffers. This new
to provide better results for clients. Their
generation of lawyers will expect automation
success attracts new top-notch clients and
and smart use of technology. As AI solutions
technologically minded lawyers. Lawyers
transform the way lawyers work in the future,
who can focus on the human elements of
your firm can be on the leading edge.
lawyering without having to do the heavy
lifting of document and data review are
There is, of course, overlap in these benefits:
happier and better at their jobs. Those better
better, happier lawyers do better work,
lawyers have better conversations with better
resulting in more satisfied clients. Everyone
clients, continuing the benefit spiral.
stands to benefit from the coming revolution
in the way we do legal work using AI.
AI applications are not likely to replace
lawyers anytime soon, but they will transform
Are you convinced about the wisdom of
the way law firms provide legal services. Will
embracing AI solutions in your practice?
your firm be ahead of the
curve, or left behind? •
IT’S TIME TO LEAP AHEAD
OF THE CURVE

AI is here to stay—it will only expand its


reach as technology improves and as data
Litera Microsystems is the
continues to accumulate exponentially.
leading provider of software
for drafting, proofreading,
comparing, repairing and
cleaning documents in
the legal and life sciences
industries worldwide. Our
core products empower
users to generate, review,
and distribute high-quality
content quickly and securely,
from any device. Today,
Litera Microsystems supports
thousands of document-
intensive organizations across
the globe, helping them satisfy
the complex demands of
clients and regulators.

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