What I'm Learning About AI and the Law From #Legalweek18
It's the defining buzzword of this year's conference, but the legal profession is still parsing what it means and how it will affect what lawyers do. Here are three takeaways.
January 31, 2018 at 05:26 PM
5 minute read
NEW YORK — At Legalweek 2018, “artificial intelligence” is in the air. It's what all the lawyers want to know about, and what almost all of the dozens of legal technology vendors seem to be offering (better than their competitors, of course).
It's the distillation of a buzz that has long been building. But for all the hype, it's struck me throughout the various panels and presentations here that few in the legal community have a real understanding of what's being talked about. Part of the problem is definitional. As Catherine Krow, a former Big Law litigator who founded software company Digitory Legal, put it: “My caution in using this term is that it brings to mind Skynet.”
Here are a few of the things I've heard so far at the conference about artificial intelligence and the legal profession, and some of the unanswered questions.
AI excels at discreet tasks. And it's only as good as your data.
In one panel I attended at the LegalCIO track, a member of the audience asked: Will there be a moment in the near future when the best litigator is a computer? The answer was: “No, but …”
Andrew Arruda, CEO of legal technology company Ross Intelligence, drew a distinction between AI, which is skilled at automating a discreet task, and “general intelligence,” which is able to respond to varied circumstances in different or unfamiliar contexts. General intelligence, he offered, is still miles down the road.
The best litigator will still be the smartest and most cunning human, someone who knows how to use AI tools most effectively to his or her advantage.
Adding a caveat to that was Brian Kuhn, the global leader and co-founder of IBM Watson Legal. Kuhn envisions—and it sounds like IBM is implementing—the creation of “cartridges” of specialized legal information that can be deployed for various legal tasks. That's a mouthful, I know.
But imagine this: A firm that specializes in antitrust law “trains” an AI algorithm to interpret documents relevant to that practice area. Then, the firm sells that piece of trained software, allowing a firm weak in antitrust to gain capacity (and removing the need, perhaps, to bring on a bunch of antitrust partners).
Another point hammered home here: AI is only as good as the data it's trained on. Krow referred to this as the “garbage in, garbage out” problem. Arruda adds that it's not just having sufficient “Big Data,” it's whether that data is usable in its current form. “Clean data” is the new buzzword.
The legal technology industry is still trying to build lawyer trust.
There's a sense of frustration among vendors that lawyers, even when presented with hard metrics showing accuracy, still inherently mistrust AI and favor human review. One programmer vented to me on the sidelines of the conference, saying he's constantly wondering, “Why do you think a first-year associate can do it better?”
Part of the issue is legal ethics. Krow noted that when a law partner uses an AI tool, the advice they ultimately provide still has to be derived from their independent judgment. She pointed to Rule 1.1. in the ABA Model Code, relating to the “duty of competence.” Just like when she entrusted a task to a junior associate, Krow said, her mentality was “trust but verify.”
Nicole Eagan, the CEO of AI cybersecurity firm Darktrace, said building trust is designed into how the company deploys its tool. During the early days when Darktrace's software is monitoring network traffic and detecting anomalies, it gets the company's (or law firm's) IT people involved to see what the software is picking up and the actions it recommends. Once there's comfort that it's working correctly, the AI runs on its own, she said.
The pressure to build lawyer trust, both to explain the technology and drum up business, led to at least one high-tech showdown here, between Ross Intelligence and Casetext. Check my colleague Rhys Dipshan's Twitter feed for that.
.@casetext's @Jacob_Heller on @ROSSIntel 's release of it's EVA case analysis platform: "The truth is we actually love the fact that this is happening now. AI is obviously the most exciting interesting space…We welcome a little healthy competition." #legalweek18 #LTNY18
— Rhys Dipshan (@R_Dipshan) January 30, 2018
AI will put pressure on law firms. But not in the way you think.
There will not be “robot lawyers.” But some legal technology companies are targeting in-house counsel with analytics tools that can crunch billing statements en masse, allowing them to better compare costs for the same legal services across firms. That's going to allow them to push back harder if a billing statement comes in sky high.
IBM Watson Legal has already rolled out a tool like this, mainly targeting the insurance sector and helping insurers contain legal spend. But the technology is being rolled out for other applications as well, and companies such as Bodhala are also in this space and allowing companies to hold outside counsel more accountable with data.
Follow me on Twitter @benghancock and check the hashtag #Legalweek18 for live updates from the conference.
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
© 2025 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 All'A Death Sentence for TikTok'?: Litigators and Experts Weigh Impact of Potential Ban on Creators and Data Privacy
Shareholder Democracy? The Chatter Musk’s Tesla Pay Case Is Spurring Between Lawyers and Clients
6 minute readMany LA County Law Firms Remain Open, Mobilize to Support Affected Employees Amid Historic Firestorm
Trending Stories
- 1Departing Attorneys Sue Their Former Law Firm
- 2Pa. High Court: Concrete Proof Not Needed to Weigh Grounds for Preliminary Injunction Order
- 3'Something Else Is Coming': DOGE Established, but With Limited Scope
- 4Polsinelli Picks Up Corporate Health Care Partner From Greenberg Traurig in LA
- 5Kirkland Lands in Phila., but Rate Pressure May Limit the High-Flying Firm's Growth Prospects
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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