Legal informatics#Artificial intelligence

{{Short description|Information science by discipline}}

Legal informatics is an area within information science.

The American Library Association defines informatics as "the study of the structure and properties of information, as well as the application of technology to the organization, storage, retrieval, and dissemination of information." Legal informatics therefore, pertains to the application of informatics within the context of the legal environment and as such involves law-related organizations (e.g., law offices, courts, and law schools) and users of information and information technologies within these organizations.{{cite journal |last1=Erdelez |first1=Sanda |last2=O'Hare |first2=Sheila |title=Legal Informatics: Application of Information Technology in Law |journal=Annual Review of Information Science and Technology |date=1997 |volume=32 |page=367 |url=https://www.researchgate.net/publication/234627056}}

Policy issues

Policy issues in legal informatics arise from the use of informational technologies in the implementation of law, such as the use of subpoenas for information found in emails, search queries, and social networks. Policy approaches to legal informatics issues vary throughout the world. For example, European countries tend to require the destruction or anonymization of data so that it cannot be used for discovery.{{cite journal | last1 = Dolin | first1 = Ron A | title = Search Query Privacy: The Problem of Anonymization | journal = Hastings Science & Technology Law Journal | volume = 2010 | page = 137 }}

Technology

=Cloud computing=

The widespread introduction of cloud computing provides several benefits in delivering legal services. Legal service providers can use the Software as a Service model to earn a profit by charging customers a per-use or subscription fee. This model has several benefits over traditional bespoke services.

  • Software as a service is much more scalable. Traditional bespoke models require an attorney to spend more of a limited resource (their time) on each additional client. Using Software as a Service, a legal service provider can put in effort once to develop the product and then use a much less limited resource (cloud computing power) to provide service to each additional customer.
  • Software as a service can be used to complement traditional bespoke services by handling routine tasks, leaving an attorney free to concentrate on bespoke work.
  • Software as a service can be delivered more conveniently because it does not require the legal service provider to be available at the same time as the customer.

Software as a service also complicates the attorney-client relationship in a way that may have implications for attorney–client privilege. The traditional delivery model makes it easy to create delineations of when attorney-client privilege attaches and when it does not. But in more complex models of legal service delivery other actors or automated processes may moderate the relationship between a client and their attorney making it difficult to tell which communications should be legally privileged.Chris Johnson, Leveraging Technology to Deliver Legal Services, 23 HARV. J.L. & TECH.259, 279 (2009).

=Artificial intelligence=

{{See also|Artificial intelligence}}

Artificial intelligence is employed in online dispute resolution platforms that use optimization algorithms and blind-bidding.David Allen Larson, "Brother, Can You Spare A Dime?" Technology Can Reduce Dispute Resolution Costs When Times Are Tough and Improve Outcomes, 11 Nev. L.J. 523, 550 (2011) Artificial intelligence is also frequently employed in modeling the legal ontology, "an explicit, formal, and general specification of a conceptualization of properties of and relations between objects in a given domain".{{cite journal | last1 = Wyner | first1 = A. | year = 2008| title = An Ontology in OWL for Legal Case-Based Reasoning | journal = Artificial Intelligence and Law | volume = 16 | issue = 4| pages = 361–387 | doi=10.1007/s10506-008-9070-8| citeseerx = 10.1.1.64.1896 | s2cid = 14173766 }}

Artificial intelligence and law (AI and law) is a subfield of artificial intelligence (AI) mainly concerned with applications of AI to legal informatics problems and original research on those problems. It is also concerned to contribute in the other direction: to export tools and techniques developed in the context of legal problems to AI in general. For example, theories of legal decision making, especially models of argumentation, have contributed to knowledge representation and reasoning; models of social organization based on norms have contributed to multi-agent systems; reasoning with legal cases has contributed to case-based reasoning; and the need to store and retrieve large amounts of textual data has resulted in contributions to conceptual information retrieval and intelligent databases.{{Cite journal |last=Rissland |first=Edwina L. |author1-link=Edwina Rissland|last2=Ashley |first2=Kevin D. |last3=Loui |first3=R.P. |date=November 2003 |title=AI and Law: A fruitful synergy |url=http://dx.doi.org/10.1016/s0004-3702(03)00122-x |journal=Artificial Intelligence |volume=150 |issue=1-2 |pages=1–15 |doi=10.1016/s0004-3702(03)00122-x |issn=0004-3702|doi-access=free }}{{Cite journal |last=Ashley |first=Kevin D. |date=1992 |title=Case-based reasoning and its implications for legal expert systems |url=http://dx.doi.org/10.1007/bf00114920 |journal=Artificial Intelligence and Law |volume=1 |issue=2-3 |pages=113–208 |doi=10.1007/bf00114920 |issn=0924-8463}}{{Cite journal |last=Nguyen |first=Ha-Thanh |last2=Phi |first2=Manh-Kien |last3=Ngo |first3=Xuan-Bach |last4=Tran |first4=Vu |last5=Nguyen |first5=Le-Minh |last6=Tu |first6=Minh-Phuong |date=2022-12-27 |title=Attentive deep neural networks for legal document retrieval |url=http://dx.doi.org/10.1007/s10506-022-09341-8 |journal=Artificial Intelligence and Law |volume=32 |issue=1 |pages=57–86 |doi=10.1007/s10506-022-09341-8 |issn=0924-8463|arxiv=2212.13899 }}

==History==

Although Loevinger,Loevinger, Lee. Jurimetrics--The Next Step Forward. Minn. L. Rev. 33 (1948): 455. AllenAllen, Layman E. [http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=5523&context=fss_papers Symbolic logic: A razor-edged tool for drafting and interpreting legal documents]. Yale LJ 66 (1956): 833. and MehlMehl, L.Automation in the Legal World: From the Machine Processing of Legal Information to the" Law Machine,. Mechanisation of Thought Processes (1958): 757-787. anticipated several of the ideas that would become important in AI and Law, the first serious proposal for applying AI techniques to law is usually taken to be Buchanan and Headrick.Buchanan, Bruce G., and Headrick, Thomas E. [https://stacks.stanford.edu/file/druid:ms585mf7546/ms585mf7546.pdf Some speculation about artificial intelligence and legal reasoning] {{Webarchive|url=https://web.archive.org/web/20190512015504/https://stacks.stanford.edu/file/druid:ms585mf7546/ms585mf7546.pdf |date=2019-05-12 }}. Stanford Law Review (1970): 40-62. Early work from this period includes Thorne McCarty's influential TAXMAN projectMcCarty, L. Thorne. Reflections on" Taxman: An Experiment in Artificial Intelligence and Legal Reasoning. Harvard Law Review (1977): 837-893. in the US and Ronald Stamper's LEGOL projectStamper, Ronald K. The LEGOL 1 prototype system and language. The Computer Journal 20.2 (1977): 102-108. in the UK. Landmarks in the early 1980s include Carole Hafner's work on conceptual retrieval,Hafner, Carole D., (1981). Representing knowledge in an information retrieval system. in Oddy, R et al. (editors) (1981). Information Retrieval Research. London: Butterworths. Anne Gardner's work on contract law,Gardner, Anne The design of a legal analysis program. AAAI-83. 1983. Edwina Rissland's work on legal hypotheticalsRissland, Edwina L. Examples in Legal Reasoning: Legal Hypotheticals. IJCAI. 1983. and the work at Imperial College London on the representation of legislation by means of executable logic programs.Sergot, Marek J., et al. [http://www.doc.ic.ac.uk/~rak/papers/British%20Nationality%20Act.pdf The British Nationality Act as a logic program]. Communications of the ACM 29.5 (1986): 370–386.

Early meetings of scholars included a one-off meeting at Swansea,Niblett, Bryan, ed. Computer science and law. CUP Archive, 1980. the series of conferences organized by IDG in Florencee.g. Ciampi, Costantino, and Martino, Antonio. Artificial intelligence and legal information systems. Elsevier Science Inc., 1982. and the workshops organised by Charles Walter at the University of Houston in 1984 and 1985.Walter, Charles. Computer power & legal language: the use of computational linguistics, artificial intelligence, & expert systems in the law. Greenwood Publishing Group Inc., 1988. In 1987 a biennial conference, the International Conference on AI and Law (ICAIL), was instituted.[http://www.iaail.org/page/past-icails List] {{webarchive |url=https://web.archive.org/web/20141217224226/http://www.iaail.org/page/past-icails |date=December 17, 2014 }} of past ICAIL conferences This conference began to be seen as the main venue for publishing and the developing ideas within AI and Law,For a contemporary discussion of a selection of papers from the first thirteen conferences, see Bench-Capon, Trevor, et al. A history of AI and Law in 50 papers: 25 years of the international conference on AI and Law. Artificial Intelligence and Law 20.3 (2012): 215-319.

and it led to the foundation of the International Association for Artificial Intelligence and Law (IAAIL), to organize and convene subsequent ICAILs. This, in turn, led to the foundation of the Artificial Intelligence and Law Journal, first published in 1992.[https://link.springer.com/journal/volumesAndIssues/10506 List] of AI and Law journal volumes In Europe, the annual JURIX conferences (organised by the Jurix Foundation for Legal Knowledge Based Systems), began in 1988. Initially intended to bring together the Dutch-speaking (i.e. Dutch and Flemish) researchers, JURIX quickly developed into an international, primarily European, conference and since 2002 has regularly been held outside the Dutch speaking countries.[http://jurix.nl/conferences/ List] of Jurix conferences Since 2007 the JURISIN workshops have been held in Japan under the auspices of the Japanese Society for Artificial Intelligence.See the list of workshops on the [http://www.jaist.ac.jp/org/jurisin2014/ Jurisin 2014 page]

The interoperable legal documents standard Akoma Ntoso allows machine-driven processes to operate on the syntactic and semantic components of digital parliamentary, judicial and legislative documents, thus facilitating the development of high-quality information resources and forming a basis for AI tools. Its goal is to substantially enhance the performance, accountability, quality and openness of parliamentary and legislative operations based on best practices and guidance through machine-assisted drafting and machine-assisted (legal) analysis. Embedded in the environment of the semantic web, it forms the basis for a heterogenous yet interoperable ecosystem, with which these tools can operate and communicate, as well as for future applications and use cases based on digital law or rule representation.{{Cite book |last1=Flatt |first1=Amelie |title=Model-Driven Development of Akoma Ntoso Application Profiles - A Conceptual Framework for Model-Based Generation of XML Subschemas |last2=Langner |first2=Arne |last3=Leps |first3=Olof |publisher=Sprinter Nature |year=2022 |isbn=978-3-031-14131-7 |edition=1st |location=Heidelberg |language=en}}

In 2019, the city of Hangzhou, China established a pilot program artificial intelligence-based Internet Court to adjudicate disputes related to ecommerce and internet-related intellectual property claims.{{Cite book |last=Šimalčík |first=Matej |title=Contemporary China: a New Superpower? |publisher=Routledge |year=2023 |isbn=978-1-03-239508-1 |editor-last=Kironska |editor-first=Kristina |chapter=Rule by Law |editor-last2=Turscanyi |editor-first2=Richard Q.}}{{Rp|page=124}} Parties appear before the court via videoconference and AI evaluates the evidence presented and applies relevant legal standards.{{Rp|page=124}}

==Scope==

Today, AI and law embrace a wide range of topics, including:

  • Formal models of legal reasoning
  • Computational models of argumentation and decision-making
  • Computational models of evidential reasoning
  • Legal reasoning in multi-agent systems
  • Executable models of legislation
  • Automatic legal text classification and summarization
  • Automated information extraction from legal databases and texts
  • Machine learning and data mining for e-discovery and other legal applications
  • Conceptual or model-based legal information retrieval
  • Lawbots to automate minor and repetitive legal tasks{{cite web |last1=Jones |first1=Rupert |title=Rise of the lawbots |url=https://www.counselmagazine.co.uk/articles/rise-of-the-lawbots |website=Counsel |publisher=Lexis Nexis |accessdate=24 April 2019}}
  • Risk assessment, pricing and timeline predictions of litigation using machine learning and artificial intelligence.{{cite web |last1=Shelly |first1=Jared |title=Here's How Artificial Intelligence Is Poised to Transform Insurance Underwriting for the Better |url=https://riskandinsurance.com/ai-transforms-underwriting/ |website=Risk & Insurance |accessdate=24 April 2019 |date=28 January 2019}}

Legal practice

Within the practice issues conceptual area, progress continues to be made on both litigation and transaction focused technologies. In particular, technology including predictive coding has the potential to effect substantial efficiency gains in law practice. Though predictive coding has largely been applied in the litigation space, it is beginning to make inroads in transaction practice, where it is being used to improve document review in mergers and acquisitions.{{cite web|url=http://www.ncbar.org/about/communications/nc-lawyer/2012-nc-lawyer-editions/may-2012/predictivecoding.aspx|title=NC Lawyer by NC Bar Association - NC Bar Association's NC Lawyer|work=ncbar.org|accessdate=26 December 2016}}{{Dead link|date=February 2023 |bot=InternetArchiveBot |fix-attempted=yes }} Other advances, including XML coding in transaction contracts, and increasingly advanced document preparation systems demonstrate the importance of legal informatics in the transactional law space.Darryl Mountain, XML E-Contracts: Documents that Describe Themselves, 11(3) INT'L J.L. & TECH. 274 (2003){{cite journal |last1=Hunziker |first1=R |date=Feb 2017 |title=New Invention Disclosure Standard – Why Would I Care? |url=http://www.ipo.org/wp-content/uploads/2017/05/New_Invention_Disclosure_Standard.pdf |journal=IPO Law Journal |publisher=Intellectual Property Owners Association}}

Current applications of AI in the legal field utilize machines to review documents, particularly when a high level of completeness and confidence in the quality of document analysis is depended upon, such as in instances of litigation and where due diligence play a role.Donahue L, A Primer on Using Artificial Intelligence in the Legal Profession https://jolt.law.harvard.edu/digest/a-primer-on-using-artificial-intelligence-in-the-legal-profession. Predictive coding leverages small samples to cross-reference similar items, weed out less relevant documents so attorneys can focus on the truly important key documents, produces statistically validated results, equal to or surpassing the accuracy and, prominently, the rate of human review.

=Delivery of services=

Advances in technology and legal informatics have led to new models for the delivery of legal services. Legal services have traditionally been a "bespoke" product created by a professional attorney on an individual basis for each client.Richard Susskind, From Bespoke to Commodity, LEGAL TECH. J., 2006, at 4, 4–7. {{cite web |url=http://www.legaltechnologyjournal.co.uk/content/view/21/51/ |title=Legal Technology Journal |accessdate=2011-01-27 |url-status=dead |archive-url=https://web.archive.org/web/20110129134550/http://www.legaltechnologyjournal.co.uk//content//view//21//51// |archive-date=2011-01-29 }} However, to work more efficiently, parts of these services will move sequentially from (1) bespoke to (2) standardized, (3) systematized, (4) packaged, and (5) commoditized. Moving from one stage to the next will require embracing different technologies and knowledge systems.

The spread of the Internet and development of legal technology and informatics are extending legal services to individuals and small-medium companies.

See also

References

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