Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.

Artificial Intelligence (AI) in the Legal Profession Ross Fishman CLE

108 views

Published on

Artificial Intelligence is revolutionizing the legal profession―drafting basic contracts and eliminating routine litigation. It is already predicting the outcome of lawsuits, conducting effective patent searches and research, and replacing many of the routine activities and services previously provided exclusively by lawyers and paralegals.

IBM's Watson, ROSS, and other AI technologies and software platforms are also targeting higher-end practices, potentially leveling the playing field and undercutting $1000/hour specialized practices as well. Based upon research and extensive interviews with the Global CMO of IBM’s Watson Group, this popular, powerful, and thought-provoking presentation lays out the issues and predicts some of the ways AI will change what attorneys do and how they do it, preparing attendees for a very different future. It’s a great program for law firm retreats, bar associations, and law-related conferences.

It has qualified nationwide for CLE credit under Ethics, Professional Development, and Practice Development. Contact Ross Fishman directly if you'd like a presentation at your firm or association. ross@fishmanmarketing.com.

Published in: Law
  • $25 per hour jobs on Facebook, now hiring!  https://tinyurl.com/rbrfd6j
       Reply 
    Are you sure you want to  Yes  No
    Your message goes here
  • $25 per hour jobs on Facebook, now hiring! ♣♣♣ http://ishbv.com/socialpaid/pdf
       Reply 
    Are you sure you want to  Yes  No
    Your message goes here
  • Multiple Time Lotto Winner Shocks The System�Reveals All! ▲▲▲ http://t.cn/Airfq84N
       Reply 
    Are you sure you want to  Yes  No
    Your message goes here
  • Be the first to like this

Artificial Intelligence (AI) in the Legal Profession Ross Fishman CLE

  1. 1. © 2019 Ross Fishman Fishman Marketing Artificial Intelligence, Ethics, and the Future of Law Ross Fishman ross@fishmanmarketing.com fishmanmarketing.com/blog © 2019 Fishman Marketing, Inc.
  2. 2. © 2019 Ross Fishman SO YOU GO TO YOUR DOCTOR…
  3. 3. © 2019 Ross Fishman© 2019 Ross Fishman “Doctor, I have a bad cough.” “60 year-old white male, suburbia, professional, occasionally has the flu and once had bronchitis.” “Probably a cold.”
  4. 4. © 2019 Ross Fishman© 2019 Ross Fishman How often is your doctor correct? • 30% • 40% • 50% • 60% • 70% • 80% • 90% • 100%
  5. 5. © 2019 Ross Fishman© 2019 Ross Fishman Experiential vs. Data-Driven Predictions • Experiential – In my 20 years’ experience… – I’ve seen a lot of this and I think… – People like you tend to… • Data-Driven – Look at innumerable variables – No preconceptions – No subconscious human bias – The numbers are what they are
  6. 6. © 2019 Ross Fishman© 2019 Ross Fishman What if your doctor also… • Analyzed public data, social media – 250 Facebook posts, 1,000 photos • And your friends’ and families’ – Blogs, LinkedIn, tweets, Snapchat – Credit card receipts • Airlines, Uber, restaurants – Info from the local/nat’l news, etc. • Visited daughter in Charleston, SC – Respiratory outbreak – Mold caused by Irma flooding
  7. 7. © 2019 Ross Fishman© 2019 Ross Fishman That’s better • Your doctor PLUS AI is… better • But do you still need a doctor? • What if you had online access to input your symptoms and get the fact-based diagnosis? – “Best medicine for this is a Z-pack” – Pick it up at the local pharmacy.
  8. 8. © 2019 Ross Fishman© 2019 Ross Fishman According to the Cleveland Clinic: • When can't process data, you compensate based on experiential. • Less than half of medical diagnoses are fact-based – Just experiential – “I think, based upon my experience…” • They’re guessing.
  9. 9. © 2019 Ross Fishman DATA OVERLOAD
  10. 10. © 2019 Ross Fishman© 2019 Ross Fishman Data overload • 16 zettabytes (1021) in the world – In 8 years it’ll grow x10 • 80% is flat, unstructured – Newspaper text, articles, blogs, Word docs, etc. • 2.5 quintillion (2.5 x 1018) bytes of data created each day – 170 newspapers delivered to every person on earth every day • “The answer to your question is in the paper”
  11. 11. © 2019 Ross Fishman© 2019 Ross Fishman Data overload • Day One? • Day Two? • Day Ten? – 1700 papers • THIS is the challenge
  12. 12. © 2019 Ross Fishman© 2019 Ross Fishman “Doctor, I have a bad cough.” • Medicine changes fast • An epidemiologist would need to spend 167 hours per week staying current – US Government estimate • They’re not billing hourly
  13. 13. © 2019 Ross Fishman© 2019 Ross Fishman Two doctors • Even if you could read and synthesize it • You’d filter it through your experience, biases • Two doctors, same information – Different course of treatment – Different schools, training, experience, personality, conservative vs. aggressive
  14. 14. © 2019 Ross Fishman WE ALL HAVE BIASES
  15. 15. © 2019 Ross Fishman Humans have biases based on: – Ethnicity – Age – Gender – Personality – Ethics – Beliefs – Religion – History – Demographics – Experience – Training – Education – Politics – Birth order – Socio-economic – What they see – What they hear – What they read
  16. 16. © 2019 Ross Fishman Computers have no biases: – Ethnicity – Age – Gender – Personality – Ethics – Beliefs – Religion – History – Demographics – Experience – Training – Education – Politics – Birth order – Socio-economic – What they see – What they hear – What they read
  17. 17. © 2019 Ross Fishman© 2019 Ross Fishman Future of medicine – IBM’s Watson • How many variables can a doctor juggle? – Infinite data points – Age, health, history, background, ethnicity, height, weight, travel, family, lifestyle, hobbies, environment, neighbors… – How many cases can a single doctor treat? • How much actual experience? • Knowledge or “gut?” • Watson juggles ALL of the variables – It’s all just data • Output is a percent chance
  18. 18. © 2019 Ross Fishman A WORLD WITH AI
  19. 19. © 2019 Ross Fishman THE LAW
  20. 20. © 2019 Ross Fishman© 2019 Ross Fishman How often are your firm’s lawyers correct? • “Here’s what you should do….” – I recommend suing. – I think you should settle for < $450,000. – I’m pretty sure we can get that variance. – We can win the audit. – Here’s what our patent search showed. – We’ll win on appeal. • That’s all “experiential” – “My gut says…”
  21. 21. © 2019 Ross Fishman© 2019 Ross Fishman Watson re Litigation • You’re BUSY! – Massive amount of data – It’s not possible to keep up • How much DATA can one lawyer realistically analyze? – Thousands of relevant cases, precedents, unpublished opinions, articles, blogs, tweets, appeals, filings? – Millions of pieces of information?
  22. 22. © 2019 Ross Fishman© 2019 Ross Fishman Watson re Litigation • How many VARIABLES can a lawyer consider? – Infinite possible data points • Clients’ size, location, specific case’s unique facts – How many similar cases can any lawyer handle? – Even the experts have a small data set • Watson will analyze ALL of the variables and give a range of percentages
  23. 23. © 2019 Ross Fishman© 2019 Ross Fishman One degree of complexity • Humans rely on one degree of complexity – Simple characteristics of a case • Not the multitude of factors that actually affect how you should think of it • Humans struggle with complex cognitive challenges
  24. 24. © 2019 Ross Fishman© 2019 Ross Fishman All data is useful • Law / Drs. / prof’ls extract what they need from the data – What they want • In big data you take everything – Take confluence of factors – You don't curate in advance • Don't say “this info / outcome is irrelevant” – Analyze the broader context • People can't do it fast enough – Apply personal filters, biases
  25. 25. © 2019 Ross Fishman© 2019 Ross Fishman How was The Weather? • Lawyers don’t consider the weather when got a judgment or settlement – Sunny days jurors are more inclined to do X? – Or when jury was sequestered? – What did jury have for breakfast? • “After a hot breakfast jurors [do this] 86% more often.” • Data curation • Include the superfluous data – Include everything
  26. 26. © 2019 Ross Fishman© 2019 Ross Fishman Accurate, evidence-based decisions • “I’ll close, I have the most experience. – “It’ll take 2.5 hours to walk them through the evidence.” • “Actually, in trials lasting more than 11 days, when closing during the summer after lunch, arguments longer than 27 minutes have a 47% lower chance of being successful in Cook County, and 68% lower with this judge when his clerk is Joe (78% lower with Sue). • “And on cloudy Tuesday afternoons, women 40-47 years old close 72% more successfully than men. – 87% more if they’re 5’4 to 5’6, brunette, and lefty.” – Why? I don’t know. But that’s what the data show.
  27. 27. © 2019 Ross Fishman WHAT DOES THIS MEAN? Future of Law. IBM’s Watson
  28. 28. © 2019 Ross Fishman© 2019 Ross Fishman What does this mean? • Business dispute. – They sue for $5 million. Offer $1 million. • Input all the data • AI prediction (in this court with this judge at this time): – 78% chance of $1.5 - $1.7 million – 19% chance of $2.0 - $2.5 million – 3% chance of $2.6 - $5 million • Why hire litigators? – Why conduct discovery?
  29. 29. © 2019 Ross Fishman© 2019 Ross Fishman What does this mean? • Clients can go to Oklahoma, Des Moines (not NYC) • Lawyer at $250/hour – Why hire big-firm NYC lawyer at $2,000/hour?
  30. 30. © 2019 Ross Fishman ETHICS AND AI
  31. 31. © 2019 Ross Fishman© 2019 Ross Fishman Attorney-Client Privilege • Can you have attorney-client privilege between a client and an AI robot-lawyer? • Too far away to answer this question • But what ethical rules do or will apply to AI?
  32. 32. © 2019 Ross Fishman© 2019 Ross Fishman Duty of Competence. ABA Rule 1.1 • Duty of proficiency in the law • Duty to keep abreast of changes in law and its practice, – Including risks and benefits re new technology • Balance between: – Embracing new technology, and – Avoiding unnecessarily risky ones • Risks exist both for early adopters and Luddites. • Needn’t be an expert on predictive coding, but can’t ignore it if you have a case with 1,000s of documents
  33. 33. © 2019 Ross Fishman© 2019 Ross Fishman Duty of Supervision. ABA Rules 5.1, 5.3 • Duty to supervise the work of non-lawyers – Their conduct must comply with lawyer’s obligations – Historically applied to humans • What if AI is making decisions or performing work that is like delivering legal services – Preparing documents – Making decisions about w/n to produce documents • Sounds like it…?
  34. 34. © 2019 Ross Fishman© 2019 Ross Fishman Duty of Supervision. ABA Rules 5.1, 5.3 • AIs can work with much larger data sets than humans – Can base decisions on complex patterns or algorithms – We can’t conduct that analysis • What if we don’t understand the AI’s reasoning? – Can you meet your ethical obligation? • How can you supervise something “smarter” than you?
  35. 35. © 2019 Ross Fishman© 2019 Ross Fishman Confidentiality • AI applications are provided by third-party companies • AI analysis improves with larger data sets • May AI companies commingle all of their customers’ data into one database? • What if they get data from both sides? – Does it train the system to beat you?
  36. 36. © 2019 Ross Fishman© 2019 Ross Fishman Unauthorized Practice of Law • Lawyers can’t practice where they’re not licensed – UPL standards for AI are generally unclear • AI robot-lawyers may soon deliver legal services – Are they subject to State Bar licensure requirements? • Can IBM’s Watson “pass the bar?” – Should it?
  37. 37. © 2019 Ross Fishman© 2019 Ross Fishman Unauthorized Practice of Law • Software cannot provide legal advice • Texas statute ― the practice of law does not include the “design, creation, publication, distribution, display or sale of computer software or similar products” • Requires disclaimer that they’re not a substitute for the advice of counsel.
  38. 38. © 2019 Ross Fishman LEGAL RESEARCH
  39. 39. © 2019 Ross Fishman© 2019 Ross Fishman Legal research • Literal search relies on people to interpret – Sift through the responses to see what's relevant – Watson knows what's contextually relevant – Traditional search can't tell • Artificial intelligence can • Enhances and expedites expertise
  40. 40. © 2019 Ross Fishman© 2019 Ross Fishman Legal research • ROSS Intelligence can sort a billion text documents per second • It learns from feedback, gets smarter • “To put it another way, ROSS and Watson are learning to understand the law, not just translate words and syntax into search results.” • $4 billion annual spend disappears
  41. 41. © 2019 Ross Fishman WHAT DOES THIS MEAN?
  42. 42. © 2019 Ross Fishman The typical reaction Wow, AI sounds revolutionary! But… here’s why it doesn’t apply to me. Computers and data have been around for decades. My expertise is what’s really important.
  43. 43. © 2019 Ross Fishman© 2019 Ross Fishman “My expertise is what’s important.” • “Really? • The next time you’re with your doctor, consider which you want: 1. His “expertise” • i.e. gut feeling and diagnosis 2. A thorough evidence-based analysis
  44. 44. © 2019 Ross Fishman© 2019 Ross Fishman “30% reduction in outside counsel spend”
  45. 45. © 2019 Ross Fishman© 2019 Ross Fishman Our Reasoning can be replaced • Reasoning traditionally done by attorneys can be replaced or supplemented by predictions made by computers. • It won’t replace lawyers • But it’ll replace some of it • How much…?
  46. 46. © 2019 Ross Fishman© 2019 Ross Fishman Books for sale by Ross Fishman STRATEGY AND BRANDINGASSOCIATE MARKETING Buy it at Amazon: goo.gl/rxWSfH Buy it at Amazon: goo.gl/svDLXF Ultimate Law Firm Associate’s Marketing Checklist: – The Renowned Step-By-Step, Year-By-Year Process For Lawyers Who Want To Develop Clients. We’re Smart. We’re Old. And We’re the Best at Everything. • The World’s First No-BS Guide to Legal Marketing and Branding.
  47. 47. © 2019 Ross Fishman© 2019 Ross Fishman Need a new brand or website? A marketing plan or ads? Call us! Ross Fishman, JD CEO, Fishman Marketing, Inc. Work: +1.847.432.3546 Cell: +1.847.921.7677 ross@fishmanmarketing.com www.fishmanmarketing.com Subscribe to our blog: fishmanmarketing.com/blog Connect with us: Twitter: @rossfishman LinkedIn.com/in/rossfishman © 2019 Fishman Marketing, Inc.

×