The Technology Challenge: enhance access to law without replacing legal reasoning

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2 Νοε 2013 (πριν από 3 χρόνια και 7 μήνες)

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© 2013 Edwards Wildman Palmer LLP & Edwards Wildman Palmer UK LLP

The Technology Challenge:
enhance access to law without
replacing legal reasoning

Gareth Dickson

Edwards Wildman Palmer UK LLP

Introduction


“Armies of Expensive Lawyers, Replaced by Cheaper Software”



“The End of Lawyers?”



“If you see a threat to your business, and it’s not very good


in five
years it will kill you.”



The challenges for technology:


Presentation of legal data


Creation of legal data and reliance on it


Making of predictions from legal data



Moore’s Law?

2

Henry Ford





“If I had asked people what they wanted,

they would have said

faster horses”

3

The Presentation of Legal Data



Not yet comprehensive, but a good start



Pay walls have led to innovative solutions



Search engines



Intelligent or interactive search



“Available to all” versus “accessible to all”

4

The Creation of Legal Data and Reliance On It



Creation of reliable content is expensive and time
-
consuming,
individuals need it to be commoditised



Which jurisdiction does it apply to?



When was it written?



Why is it high up the rankings?



Who wrote it?

5

On the Internet…

On the Internet, nobody knows you’re not Mark Deem

6

Predictions from Legal Data



Law not exempt from the Big Data revolution



Self
-
affirming and self
-
defeating predictions can have undesirable
consequences for lawyers and individuals



What about understanding? Nuance, caveats, totality of circumstances



Authority vs. philosophy vs. tactics

7

Leonardo da Vinci






“Anyone who conducts an argument

by appealing to authority

is not using his intelligence;


he is just using his memory”

8

Moore’s Law


“The number of transistors on integrated circuits for the same price
doubles every year”


i.e.


“If you see a threat to your business and it’s not very good
-

in five years it
will kill you.”



Christopher Reeve: “At
first dreams seem impossible, then improbable,
then inevitable
.”


9

Considerations on Moore’s Law



Funding



Business models



Role of the Law Society and insurance companies



The Little Big Band

10

Data vs. dating


eHarmony


“Ignore
all of those cynical lawyer
jokes:


1. Quoting your date will make you sound smarter: “My boyfriend is a
lawyer and he says…”


6. Your
date will stand up for you, even when you’re wrong
.


7
. Lawyers are often invited to interesting social events. Most of them
include an open bar.


10
. Lawyers have good memories


or at least good note
-
taking skills
.”


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Conclusion


Lawyers are experiencing a bit of an identity crisis



What is the technology challenge for us?



Access to law and justice?



Our response to technology?



If all else fails, apply “reasonableness”!



Finally, don’t forget the importance in law of the human element, and
let’s look forward to the future and the opportunities we will find there

12

Thank you



Gareth Dickson

Edwards Wildman Palmer UK LLP


GDickson@edwardswildman.com

http://www.edwardswildman.com/GDickson


Twitter: @
GarethDickson

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