P2P

Summer22

Peer to Peer: ILTA's Quarterly Magazine

Issue link: https://epubs.iltanet.org/i/1472128

Contents of this Issue

Navigation

Page 50 of 92

51 I L T A N E T . O R G and build a persuasive case. AI and analytics leverage computing power and sophisticated algorithms to detect previously undetectable patterns in very large bodies of data. Using these technologies, legal teams can identify specific information from a large set of data very quickly. Because advanced technologies like active learning immediately drill down to key information even with a small sample of the data, legal teams can begin developing a general hypothesis or theory of a case based on a handful of specific observations. Working inductively, they begin by identifying a set of highly relevant documents and key facts, and then build a provisional narrative based on them. Once that narrative has been established, teams can then test, expand on, and refine their case narratives by examining additional evidence. Having a facts-based narrative early in the process gives them a distinct advantage: They can use it to generate more ideas and propose further narrative possibilities, and then quickly test those ideas and possibilities against the data, iteratively feeding and strengthening their understanding of the facts and quickly abandoning unproductive threads that lead nowhere. They can also take highly relevant documents and quickly identify similar documents to help flesh out the narrative and generate new lines of inquiry. What I am describing here is something relatively new in litigation: intensive, technology-enabled collaboration between law firms and clients that can isolate essential information quickly and shape it into a narrative—a framework in which lawyers and clients can efficiently and cost-effectively generate plausible, facts- based hypotheses, quickly test them against the available data, and work inductively to build a detailed case even as discovery continues. In many ways, technology-enabled collaboration can eliminate the need for firms and clients to engage in difficult conversations about billing rates and alternative fee structures. Clients no longer need to understand "where's the value in these services?" because the value is apparent and immediate. Conclusion Some attorneys and even some clients may wonder if there is ever a time when AI-assisted technology may not be the right approach. Are there particular companies, industries, or matters where AI might not be a good fit? Fundamentally, the answer to that question is no. As Apple co-founder Steve Jobs famously said, "What a computer is to me is the most remarkable tool that we've ever come up with. It's the equivalent of a bicycle for our minds." Once law firms and clients have access to these tools, there is no reason not to use them to get better information faster in a way that leads to better outcomes. It would be like taking a 10-mile journey and deciding to leave the bicycle at home and walk instead. After all, it is collaboration and reasoning that are driving the entire legal process, which goes to the heart of good attorney-client relationships. AI and advanced analytics simply facilitate the rapid identification and consumption of facts and ordering the output more effectively. These tools are not changing the fundamental value and work that attorneys provide; instead, they are providing new ways of accomplishing age-old goals. ILTA David Carns is the Chief Revenue Of ficer of Casepoint. He joined Casepoint as a Director of Client Ser vices in 2010, rose the ranks to Chief Strategy Of ficer until his most recent promotion in 2019. In addition to being a recovering attorney, David possesses a lifelong passion for technology and its advancements. His career has always found him at the intersection of technology and the legal field given his intimate knowledge of both.

Articles in this issue

Archives of this issue

view archives of P2P - Summer22