Abstract Technology has fundamentally changed the legal profession and the delivery of legal services. Lawyers routinely use technology, including artificial intelligence, for legal research, e-discovery, document review, practice management, timekeeping and billing, document drafting, and many other tasks. The American Bar Association (ABA) amended the Model Rules of Professional Conduct in 2012 to include an explicit duty of technology competence, and…
Lawyer Ethics for Innovation
Abstract Law struggles to keep pace with innovation. Twenty-first century advancements like artificial intelligence, block chain, and data analytics are already in use by academic institutions, corporations, government entities, health care providers, and others but many questions remain about individual autonomy, identity, privacy, and security. Even as new laws address known threats, future technology developments…
Legal Services Board of England and Wales releases new report on how regulation can foster innovation
On the 20th of April, the Legal Services Board (LSB) released a report outlining what legal services can do to support the safe development of technology and innovation, whilst also acting in the public interest. The report outlines steps regulators can take to create an environment that ‘de-risks’ innovation and reduces uncertainty for tech providers…
New research project on innovation and the use of technology in the legal sector in England and Wales launched by the Solicitors Regulation Authority
The Solicitors Regulation Authority of England and Wales (SRA) is launching a piece of independent research into the use of technology and innovation in the legal sector, and how this may develop in the future. The research is being carried out by a research team at the University of Oxford including Professors Mari Sako and…
Lawtech: Levelling the Playing Field in Legal Services?
Abstract The legal services market is commonly thought of as divided into two “hemispheres”– PeopleLaw and BigLaw. These segments represent, respectively, individuals and corporate clients. The last few decades have seen an increasing concentration of resources within the legal profession toward serving corporate clients, to the alleged detriment of consumer clients. At the same time, the costs of accessing legal representation exceed…
The Death of the Legal Profession and the Future of Law
Abstract This article identifies the five large-scale changes that have happened or are happening to the legal profession: 1. How technology solutions have moved law from a wholly bespoke service to one that resembles an off-the-shelf commodity; 2. How globalisation and outsourcing upend traditional expectations that legal work is performed where the legal need is, and shifts production away from high…
Legal Technology and the Future of Women in Law
Abstract Much has been written about how automation will change the legal profession as a whole, less so about how automation might affect women in legal practice. This paper briefly maps the likely changes that legal tech (legal technology) will bring to the provision of legal services, and explores how these changes might affect the barriers to advancement that women face in the profession….
Law, Artificial Intelligence, and Natural Language Processing: A Funny Thing Happened on the Way to My Search Results
Abstract Renowned legal educator Roscoe Pound stated, “Law must be stable and yet it cannot stand still.” Yet, as Susan Nevelow Mart has demonstrated in a seminal article that the different online research services (Westlaw, Lexis Advance, Fastcase, Google Scholar, Ravel and Casetext) produce significantly different results when researching case law. Furthermore, a recent study of 325…
Structuring Techlaw
Abstract Technological breakthroughs challenge core legal assumptions and generate regulatory debates. Practitioners and scholars usually tackle these questions by examining the impacts of a particular technology within conventional legal subjects — say, by considering how drones should be regulated under privacy law, property law, or the law of armed conflict. While individually useful, these siloed analyses mask the repetitive…
The Anatomy of Consumer Legal Funding
Abstract Litigant Third-Party Funding (LTPF), where financial companies advance money on a non-recourse basis to individual plaintiffs, is a growing and increasingly controversial industry in the U.S. This funding made headlines during the NFL concussion litigation with more than 1,000 players reported to have received such advances and with class counsel raising concerns of “predatory…