AI for Lawyers: How Artificial Intelligence is Adding Value, Amplifying Expertise, and Transforming Careers

2021·6.2 MB·english

by  Noah Waisberg

Table of Contents
Cover
Praise for AI For Lawyers
Title Page
Copyright
Dedication
Introduction
The Evolution of Kira
They Just Kept Building
Why Are Noah and Alex Worth Reading on the Use of AI in
the Legal Industry?
In the Pages Ahead
PART I: The Point
CHAPTER 1: How Lawyers Learned to Stop Worrying and
Love AI
What Is AI?
Appropriate Skepticism
Common Lawyer Objections to AI
Why Customize?
The Business Case for AI
Notes
CHAPTER 2: #DoMoreLaw
Jevons Paradox: The More Efficient Legal Work Is, the
More Legal Work to Do
Value Is in the Eyes of the Beholder
Access to Justice
CHAPTER 3: The Small Law Mindset
To AI or Not to AI?
It's All about Practicality
What Does Your Future Market Look Like?
Plan for the Future Before It Arrives
Note
CHAPTER 4: AI: A Modern Job Creator
Jevons “Legal” Paradox
A Growing Array of Legal Jobs
Legal Operations and CLOC
Driving the New Jobs—Part 1: A New Legal Tech Sector
Driving the New Jobs—Part 2: New Tech-Enabled
Business Models
New and Better Jobs: Diverse Skill Sets Needed
The Delta Lawyer Competency Model
Conclusion
Notes
CHAPTER 5: Amplifying Legal Expertise
Amplification: What Lawyers Can Learn from Rock
Stars
The Three Most Important Things about Training AI
Let's Agree to Not Disagree
Build Value for the Firm Itself
Are There Limits to Amplifying?
Notes
CHAPTER 6: The Ethics of Lawyers Using—and Not Using
—AI
Duty of Competency
Duty of Communication
Duty to Supervise / Unauthorized Practice of Law
Duty of Loyalty
The Issue of Bias
Solutions to AI Bias
Ethics Review: An Ongoing Issue
Notes
PART II: The Proof
CHAPTER 7: eDiscovery
My eDiscovery Roots
How AI Turned Traditional Discovery on Its Head
The Role of AI in eDiscovery Search and Review
eDiscovery in Action
Tracking the Next Big Source
Notes
CHAPTER 8: AI in Legal Research
Can AI Save Lives? The Stakes of Legal Research
The Dark Times (Before Artificial Intelligence)
AI in Legal Research Today
AI Will Help to Write the Future
AI Will Continue to Help Lawyers Do Higher Value
Work
Notes
CHAPTER 9: Litigation Analytics
Why Am I the Right Person to Discuss Litigation
Analytics?
Research, Data, and Predictions: Pre- and Post-AI
So, How Does It Actually Work?
Impacting Lawyers
The Future of AI Litigation Software
Note
CHAPTER 10: Contract Review to Contract Capital
What's Wrong with Traditional Software-Free Contract
Review?
AI Enhanced Contract Analysis
Two Types of Contract Review
How AI-Based Contract Review Works
Familiar and Unfamiliar Contracts
Beyond Law Firms: Contract Management and Review
in Business
How Contract Analysis Software Is Impacting How
Lawyers Work
The Future of AI and Contract Analysis
CHAPTER 11: Expert Systems
Some Background: Founding Neota Logic
What Sets Expert Systems Apart?
Who's Using Expert Systems? And Why?
Looking Ahead
Note
PART III: The Plan
CHAPTER 12: The AI Adoption Framework
Factor 1: Comprehensive Use of AI
Factor 2: The Breadth and Creativity of AI Use
How Mature Is Your Approach to AI?
Leaders
Show Strength in Adoption and Creativity—Now Need
to Stay Focused to Stay on Top
Doers
Have Cleared a Big Adoption Hurdle—Now Can Extend
by Expanding Their AI Expertise in New Ways
Dreamers
Show Some Big Ideas in the Organization—But Now
Need to Beef Up Adoption
Developing
Lagging in Adoption and Creativity—Need to Focus
First on Adoption to Gain Momentum
Taking the Next Step
CHAPTER 13: Conclusion
A Brief Summation: The Benefits of AI
More Automation Is Coming
AI and the Modern Lawyer
Acknowledgments
About the Authors
Index
End User License Agreement
List of Illustrations
Chapter 1
FIGURE 1.1 Early “computers” at work: Dryden Flight
Research Center Faciliti...
FIGURE 1.2 Kira document viewer.
FIGURE 1.3 Kira built-in intelligence: smart-field growth.
FIGURE 1.4 AI training capabilities.
Chapter 2
FIGURE 2.1 Growth in demand for law firm services.
FIGURE 2.2 Percentage change in employed lawyers by
practice setting, 1997 t...
FIGURE 2.3 Refrigerator efficiency paradoxically drives
more effort.
FIGURE 2.4 Four diligence review scenarios.
FIGURE 2.5 Increasing realization rates.
Chapter 4
FIGURE 4.1 The CLOC Core 12.
FIGURE 4.2 The Martech 5000.
FIGURE 4.3 AI in law today.
FIGURE 4.4 The Delta Lawyer Competency Model.
FIGURE 4.5 Predominant competencies.
Chapter 10
FIGURE 10.1 Contract analysis with Kira clockwise from
top left (Importing, ...
Chapter 12
FIGURE 12.1 The AI maturity framework.
Chapter 13
FIGURE 13.1 The Benz Patent-Motorwagen (“patent
motorcar”), built in 1885, i...
FIGURE 13.2 The Mercedes 35 HP was a radical early car
model designed in 190...
PRAISE FOR AI FOR LAWYERS
AI for Lawyers pulls together a series of easy-to-read vignettes that
cut through the mystique, noise and bullshit surrounding AI for
legal. It provides excellent guidance for lawyers who don't know
which way to travel when they finally arrive at the intersection of
legal services and technology—which is most of the profession!
—Mitchell Kowalski, author of The Great Legal
Reformation: Notes from the Field
Noah Waisberg and Dr. Alexander Hudek have taken a complex topic
and made it accessible and enjoyable. Like it or not, artificial
intelligence and machine learning, particularly when combined with
5G connectivity, computing on the edge of networks and eventually
quantum computing, will advance by leaps and bounds to automate
and change the way we practice law. It is also leveling the playing
field between lawyers practicing in big firms vs. small firms.
Wherever, whatever and however you are currently practicing, AI for
Lawyers will open your eyes and make you feel excited and
empowered to be part of the future.
—Louis Lehot, founder, L2 Counsel, P.C.
Alex and Noah have written a demystifying AI book which will help
lawyers take advantage of AI technology to create new customer
value. They cover the key resources and processes needed to deliver
value, which will help all lawyers capture this AI-driven value in their
go-to-market approaches, enabling them to develop new ways to
solve old problems.
—Michelle Mahoney, Executive Director, Innovation, King
& Wood Mallesons
There is little doubt that the legal industry has experienced a
cataclysmic extinction moment, where yesterday's ways of working
are tomorrow's fossilised memories. The changing expectations of
both the consumers of legal services, and the next generations of
lawyers, has seen to it that the practice of law has been changed
forever by the arrival of advanced technologies.
In AI for Lawyers, Noah and Alex have created the definitive guide
on the role of technology in the legal industry. No two authors are
better qualified to commentate on how our world is changing. This is
a must-read for anyone in the industry and those planning on living
a life within the law.
—Justin North, Managing Director, Morae Global
Corporation
The intersection of science fiction and lawyering is both a terrible
idea for a movie and a very real problem for attorneys. The terror
that artificial intelligence will replace human lawyers and spew
steam from the keyboard while trying to define “love” during an ill-
fated document review terrifies some folks. And that's unfortunate
because when stripped of its sci-fi mystique, “artificial intelligence”
here in the real world is both non-frightening and entirely essential
to a thriving 21st century law practice. Waisberg and Hudek's book
provides lawyers a friendly, brass tacks introduction to this oft-
misunderstood technology and provides straightforward examples of
how AI can advance your practice … and, sometimes, how it's already
advanced your practice without you even knowing it.
—Joe Patrice, Senior Editor, Above the Law
Although many lawyers have strong views on the use of AI in the law,
very few in fact have a solid grasp of the potential and limitations of
this technology. Worse, some lawyers even have the temerity to use
‘AI’ as a verb, claiming—almost arbitrarily—that ‘you can AI’ this or
that legal task. Into this world of bold confusion and brazen
conjecture, I therefore extend a heartfelt welcome to AI for Lawyers.
This book brings the clarity, deep technical expertise, practical
experience, and commercial insight that are sorely needed in the
field.
—Richard Susskind, author of Tomorrow's Lawyers
(2017), The Future of the Professions (2015), The End of
Lawyers (2008), and Expert Systems in Law (1987)
Noah and Alex clearly show that the use of AI-embedded software in
the legal world will soon be as ubiquitous as the use of word
processing. The authors (a Who's Who of experts in legal technology)
cover an extraordinarily broad range of AI-software types and
applications—from machine learning to expert systems. The book is
an essential read for solo practitioners all the way up to those
practicing in the lofty heights of the elite firms around the world and
for the technology gurus who enable them. To succeed in law in the
coming years, you will need to use AI. To be prepared to use AI,
reading this book is a must.
—Harris Tilevitz, Chief Technology Officer, Skadden
I loved this book! AI is increasingly becoming a driver of success for
high performing lawyers and law firms. This book is a quick, easy
introduction to it. Every lawyer should read it.
—Kent Zimmermann, strategic advisor to law firms