Legal Knowledge
Based Systems
Erasmus University Rotterdam – 19 May 2010
Michaël van Leeuwen
Agenda

1.   Labyrinth of information
2.   Software as a solution
3.   Difficulties with software
4.   New generation of t...
Legislation

3 / 47   Legal Knowledge Management
Explanatory Memorandum

4 / 47   Legal Knowledge Management
Case Law

5 / 47   Legal Knowledge Management
Local Legislation

6 / 47   Legal Knowledge Management
Although the information is accessible and
agents can notify you when changes occur…




     7 / 47   Legal Knowledge Man...
…this information is great for the legal experts
      but not so great for everyone else.



       8 / 47   Legal Knowle...
Labyrinth of
  ›rules
  ›laws
  ›articles
  ›…

     Information.



       9 / 47   Legal Knowledge Management
Legal experts can translate basic information to:

›Made-to-measure advice
›Information readable by the target audience


...
Made-to-measure advice is expensive.

Lots of people are looking for specific answers
for their situation: more than just ...
Agenda

1.   Labyrinth of information
2.   Software as a solution
3.   Difficulties with software
4.   New generation of t...
Software-applications can offer
made-to-measure answers and:

›Provide structure for all parties
›Uniformity in decision-m...
Software also makes sharing knowledge with
    colleagues easier and can potentially
         reduce costs and save time.
...
Agenda

1.   Labyrinth of information
2.   Software as a solution
3.   Difficulties with software
4.   New generation of t...
Main problems with software:

  › Maintenance
  › Miscommunication




   16 / 47 Legal Knowledge Management
Maintenance problem:

Legal information changes all the time.
 software = outdated




    17 / 47   Legal Knowledge Manag...
Preventing software from being outdated:

  › No static copy of, but dynamic links to info
  › Very active legal experts f...
Dynamic linking to information sounds nice,
but what if the sources change their content?




      19 / 47 Legal Knowledg...
Legal experts can keep information up-to-date.
Legal experts can’t keep applications up-to-date.




        20 / 47 Legal...
21 / 47 Legal Knowledge Management
…which leads to the next problem:

   Legal experts and software
   engineers are not the best
   match in communication.....
Agenda

1.   Labyrinth of information
2.   Software as a solution
3.   Difficulties with software
4.   New generation of t...
Solution:

Put the legal expert in control




24 / 47 Legal Knowledge Management
..and (!) give him the right tools.




25 / 47 Legal Knowledge Management
Term often used is: business rule.

Core message = put the business in control of it’s own logic.




      26 / 47 Legal ...
The Berkeley Publisher aims to put
experts in control of their applications.




   27 / 47 Legal Knowledge Management
Graphical drawing of
                         decision trees.




28 / 47 Legal Knowledge Management
Adding questions,
conclusions, documents
   and calculations.




        29 / 47 Legal Knowledge Management
Setting conditions
                 for the decision tree.




30 / 47 Legal Knowledge Management
›Preserving links to the source information
›Reusing elements
›Direct online publishing

And much more…




    31 / 47   ...
Example: RechtOp-wijzer.




32 / 47 Legal Knowledge Management
Behind the screen.




       33 / 47 Legal Knowledge Management
Example: Algemene Voorwaarden.




34 / 47 Legal Knowledge Management
Example: Vergunningenloket.

35 / 47 Legal Knowledge Management
Agenda

1.   Labyrinth of information
2.   Software as a solution
3.   Difficulties with software
4.   New generation of t...
Determine the scope of your application.
What kind of target audience(s) do you have.
Which conclusions are possible.
What...
Agenda

1.   Labyrinth of information
2.   Software as a solution
3.   Difficulties with software
4.   New generation of t...
Is company X allowed to send mailing Y to person Z ?

Scope:                  Dutch rules & regulations on electronic B2C-...
Required data:          - Is it an automated system, a fax or electronic message?
                                  Yes:  ...
Required data:          - Is the mailing about your own products or services and has the
                        receiver ...
(Simple and non-exhaustive yet showing the basics.)




         42 / 47 Legal Knowledge Management
Agenda

1.   Labyrinth of information
2.   Software as a solution
3.   Difficulties with software
4.   New generation of t...
Key success factors:

›Translation of information to application
›Maintenance / agility
›Change management




    44 / 47...
Common objection to the automation
    of legal knowledge: “My knowledge
is too complex to put in an application.”

Innova...
The need for innovative legal
   experts is growing, fast.




46 / 47 Legal Knowledge Management
questions
47 / 47 Legal Knowledge Management
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Legal Knowledge Based Systems

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Legal Knowledge Based Systems

  1. 1. Legal Knowledge Based Systems Erasmus University Rotterdam – 19 May 2010 Michaël van Leeuwen
  2. 2. Agenda 1. Labyrinth of information 2. Software as a solution 3. Difficulties with software 4. New generation of tools 5. How to design your application 6. Example case 7. Conclusions 2 / 47 Legal Knowledge Management
  3. 3. Legislation 3 / 47 Legal Knowledge Management
  4. 4. Explanatory Memorandum 4 / 47 Legal Knowledge Management
  5. 5. Case Law 5 / 47 Legal Knowledge Management
  6. 6. Local Legislation 6 / 47 Legal Knowledge Management
  7. 7. Although the information is accessible and agents can notify you when changes occur… 7 / 47 Legal Knowledge Management
  8. 8. …this information is great for the legal experts but not so great for everyone else. 8 / 47 Legal Knowledge Management
  9. 9. Labyrinth of ›rules ›laws ›articles ›… Information. 9 / 47 Legal Knowledge Management
  10. 10. Legal experts can translate basic information to: ›Made-to-measure advice ›Information readable by the target audience 10 / 47 Legal Knowledge Management
  11. 11. Made-to-measure advice is expensive. Lots of people are looking for specific answers for their situation: more than just information. 11 / 47 Legal Knowledge Management
  12. 12. Agenda 1. Labyrinth of information 2. Software as a solution 3. Difficulties with software 4. New generation of tools 5. How to design your application 6. Example case 7. Conclusions 12 / 47 Legal Knowledge Management
  13. 13. Software-applications can offer made-to-measure answers and: ›Provide structure for all parties ›Uniformity in decision-making ›Transparancy ›Large reach 13 / 47 Legal Knowledge Management
  14. 14. Software also makes sharing knowledge with colleagues easier and can potentially reduce costs and save time. 14 / 47 Legal Knowledge Management
  15. 15. Agenda 1. Labyrinth of information 2. Software as a solution 3. Difficulties with software 4. New generation of tools 5. How to design your application 6. Example case 7. Conclusions 15 / 47 Legal Knowledge Management
  16. 16. Main problems with software: › Maintenance › Miscommunication 16 / 47 Legal Knowledge Management
  17. 17. Maintenance problem: Legal information changes all the time. software = outdated 17 / 47 Legal Knowledge Management
  18. 18. Preventing software from being outdated: › No static copy of, but dynamic links to info › Very active legal experts for structural changes 18 / 47 Legal Knowledge Management
  19. 19. Dynamic linking to information sounds nice, but what if the sources change their content? 19 / 47 Legal Knowledge Management
  20. 20. Legal experts can keep information up-to-date. Legal experts can’t keep applications up-to-date. 20 / 47 Legal Knowledge Management
  21. 21. 21 / 47 Legal Knowledge Management
  22. 22. …which leads to the next problem: Legal experts and software engineers are not the best match in communication.. (to put it mildly). 22 / 47 Legal Knowledge Management
  23. 23. Agenda 1. Labyrinth of information 2. Software as a solution 3. Difficulties with software 4. New generation of tools 5. How to design your application 6. Example case 7. Conclusions 23 / 47 Legal Knowledge Management
  24. 24. Solution: Put the legal expert in control 24 / 47 Legal Knowledge Management
  25. 25. ..and (!) give him the right tools. 25 / 47 Legal Knowledge Management
  26. 26. Term often used is: business rule. Core message = put the business in control of it’s own logic. 26 / 47 Legal Knowledge Management
  27. 27. The Berkeley Publisher aims to put experts in control of their applications. 27 / 47 Legal Knowledge Management
  28. 28. Graphical drawing of decision trees. 28 / 47 Legal Knowledge Management
  29. 29. Adding questions, conclusions, documents and calculations. 29 / 47 Legal Knowledge Management
  30. 30. Setting conditions for the decision tree. 30 / 47 Legal Knowledge Management
  31. 31. ›Preserving links to the source information ›Reusing elements ›Direct online publishing And much more… 31 / 47 Legal Knowledge Management
  32. 32. Example: RechtOp-wijzer. 32 / 47 Legal Knowledge Management
  33. 33. Behind the screen. 33 / 47 Legal Knowledge Management
  34. 34. Example: Algemene Voorwaarden. 34 / 47 Legal Knowledge Management
  35. 35. Example: Vergunningenloket. 35 / 47 Legal Knowledge Management
  36. 36. Agenda 1. Labyrinth of information 2. Software as a solution 3. Difficulties with software 4. New generation of tools 5. How to design your application 6. Example case 7. Conclusions 36 / 47 Legal Knowledge Management
  37. 37. Determine the scope of your application. What kind of target audience(s) do you have. Which conclusions are possible. What data do you need to reach those conclusions. 37 / 47 Legal Knowledge Management
  38. 38. Agenda 1. Labyrinth of information 2. Software as a solution 3. Difficulties with software 4. New generation of tools 5. How to design your application 6. Example case 7. Conclusions 38 / 47 Legal Knowledge Management
  39. 39. Is company X allowed to send mailing Y to person Z ? Scope: Dutch rules & regulations on electronic B2C-spam as mentioned in art. 11.71 of the Telecommunicatiewet. Target audience: Companies operating from Dutch territory. Possible conclusions: Allowed / Not allowed to send mailing. 39 / 47 Legal Knowledge Management
  40. 40. Required data: - Is it an automated system, a fax or electronic message? Yes: next question No: these regulations are not applicable - Can you prove the receiving party has given authorisation for this digital mailing? Yes: you are allowed to send this mailing No: next question 40 / 47 Legal Knowledge Management
  41. 41. Required data: - Is the mailing about your own products or services and has the receiver bought any of those in the past? Yes: next question No: you are not allowed to send this mailing - Did you offer the receiver the possibility to opt-out without any costs or obstacles when you first gathered his address? Yes: next question No: you are not allowed to send this mailing - Do you offer the receiver the possibility to opt-out without any costs or obstacles in every mailing? Yes: you are allowed to send this mailing No: you are not allowed to send this mailing 41 / 47 Legal Knowledge Management
  42. 42. (Simple and non-exhaustive yet showing the basics.) 42 / 47 Legal Knowledge Management
  43. 43. Agenda 1. Labyrinth of information 2. Software as a solution 3. Difficulties with software 4. New generation of tools 5. How to design your application 6. Example case 7. Conclusions 43 / 47 Legal Knowledge Management
  44. 44. Key success factors: ›Translation of information to application ›Maintenance / agility ›Change management 44 / 47 Legal Knowledge Management
  45. 45. Common objection to the automation of legal knowledge: “My knowledge is too complex to put in an application.” Innovative organisations disagree. 45 / 47 Legal Knowledge Management
  46. 46. The need for innovative legal experts is growing, fast. 46 / 47 Legal Knowledge Management
  47. 47. questions 47 / 47 Legal Knowledge Management
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