Legal Research Tools Are Changing Law Practices—to a Point
An ILTACON panel of Big Law experts agreed that legal research tools are making an indelible mark on the industry, but emphasized that all are not created equal. And despite common perceptions, these tools can't predict the future.
August 22, 2019 at 11:52 AM
4 minute read
The message at the "Impact of Advanced Legal Research Tools" panel at the International Legal Technology Association's ILTACON 2019 conference couldn't be clearer: The emergence of artificial intelligence-powered legal research tools has fundamentally altered the practice of law. But while today's research platforms have far-reaching repercussions, each is limited in how much it can help supplement an attorney's knowledge.
Scott Reents, lead attorney for data analytics and e-discovery at Cravath, Swaine & Moore, noted that, with the emergence of modern research tools, "We are sort of in transition from a world where law is about reading text and qualitative judgments and anecdotal experiences … to a world where much of that, not all of it, is going to be about data, quantitative analysis [and] statistics."
A lot of what's driving this transition is client demand. "What we are being asked to provide as a lawyer today is different than what I was asked 19 years ago," said Meredith Williams-Range, chief knowledge officer at Shearman & Sterling.
She explained, "Today our lawyers are being asked for not only legal advice in a reactionary mode but also proactive risk analysis. So where these tools really now come together, and play a role in this, is where our lawyers can use them to do risk analysis."
And that's crucial, she added, "Because if we don't, someone else will. And the people coming after us the fastest are the Big 4."
Williams-Range noted that, to empower the firm's attorneys with modern research tools and data, Shearman originally launched an initiative called "data-driven counsel," which allowed each practice area to procure the research tools they wanted. But the firm soon realized these tools were not being used as widely as they should be, especially given how many had cross-practice appeal. "We know there is no tool for litigation that can't benefit transactions," Williams-Range said.
So the firm took it upon itself to raise awareness. "We promoted them, and we suddenly became the number one user of [the Bloomberg Law research platform] in a month," she noted.
Still, while each research platform has crossover appeal, each also has particular strengths and limitations. Williams-Range said that Westlaw Edge, for instance, is "one of the best on the market" for U.S. law and litigation analytics, and is one of the tools most used by the firm's litigation team. However, she said it's limited in what it can offer in the way of transaction analytics.
On the other hand, she said that Bloomberg Law, while newer than the others, is one platform that is "coming up in the market on the transactional side," a space that has grown over the past few years.
Meanwhile, she said LexisNexis is most useful for due diligence and negative news searches, though it also good for U.S. and French law. Lastly, she highlighted Wolters Kluwer's research platform, which she said is mainly useful for taxation and regulatory issues.
To be sure, while many of these tools are used to perform proactive risk analysis, they cannot be used for predictions. "You'll hear litigation analytics described as predictive analytics. … They don't do that, they don't predict the future," Cravath's Reents said.
Instead, he noted such tools are best leveraged in making educated determinations around things like litigation strategy and case budgets.
What's more, though modern legal research platforms leverage AI, many require humans to support the machine-powered analytics by manually curating knowledge. But Cliff Nichols, senior counsel at Day Pitney, noted that this may be changing with newer legal research players like Casetext and ROSS, whose legal search platforms use AI to exclusively read and classify data.
"It's actually reading the contents of the decision and classifying the decision based on their content rather than what a human did before," he explained.
How that will change the legal research space is anyone's guess, but one thing is certain: The practice of law isn't going back to the way it used to be anytime soon.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrending Stories
- 1Friday Newspaper
- 2Judge Denies Sean Combs Third Bail Bid, Citing Community Safety
- 3Republican FTC Commissioner: 'The Time for Rulemaking by the Biden-Harris FTC Is Over'
- 4NY Appellate Panel Cites Student's Disciplinary History While Sending Negligence Claim Against School District to Trial
- 5A Meta DIG and Its Nvidia Implications
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250