What is Legal Analytics? ASU Workshop on Legal Analytics Dec. 8, 2016 Gary E. Marchant, J.D., Ph.D. Lincoln Professor of Emerging Technologies, Law & Ethics gary.marchant@asu.edu

Definition of Legal Analytics “Legal analytics is the application of big data, algorithms, and artificial intelligence, alone or in combination, to the practice, business and study of law.”

Big Data Legal Analytics Artificial Intelligence Algorithms

Legal Analytics: Application Categories Legal Practice and Economics Electronic Stored Information and eDiscovery Trial Process Litigation/Outcome Prediction Use in Courts and Legal Investigations Training Ethics

I. Legal Practice and Economics Law Practice Financials and Benchmarking Benchmarking intelligence / peer-comparison data Example: Wolters Kluwer – Legal Improving Law Practice Tasks automating more complex tasks, reduction of human lawyers, more sophisticated and accurate predictive and analytical models, less human involvement to improve machine-learning Example: BakerHostetler hired “Ross” in May 2016; powered by IBM’s Watson technology

II. Electronic Stored Information and eDiscovery ESI is located on a growing list of storage media and devices, including computer networks, personal computers, tablets, laptops, cell phones, thumb drives, and IOT Discovery of “big data” Corporate and government clients increasing maintaining large databases Technology-assisted review

TECHNOLOGY-ASSISTED REVIEW (TAR) According to academic studies, application of these methods (TAR) has resulted in significant monetary savings and time in locating ESI for disclosure in comparison to manual or “human eyes” review. “Studies have shown that technology-assisted review is at least 50 times more efficient than human-review, or manual, review.” Maura Grossman & Gordon McCormack, Efficient E-Discovery, ABA J. (April 2012). Pandora radio – like and dislike TECHNOLOGY-ASSISTED REVIEW (TAR)

III. Trial Process Jury Selection Big data and analytics to predict favorable/unfavorable juror characteristics Use big data to research individual juror online profile Artificial Intelligence in Judicial Decision-making Example: Modria [Big Data in Judicial Decision-making] [Algorithms in Judicial Decision-making]

Replacing Courts?: On Line Dispute Resolution

IV. Litigation/Outcome Prediction Use databases and analytics to predict: Outcome of a specific case Litigation success rate of a particular company (party), law firm, or lawyer Outcome and favorable arguments of a specific judge Examples: Lex Machina Ravel Law

V. Use in Courts and Legal Investigations Predictive Policing e.g., Pred Pol Recidivism risk Algorithms Brain scans Social media monitoring Geofeedia Biometrics Facial recognition  Wearables Pennsylvania rape case Canada’s worker comp case

Biometrics

VI. Training Legal specialization Attorney hiring e.g., Richard Susskind, Tomorrow’s Lawyers Attorney hiring Professional development Law students/law schools

VII. Ethics Competency Confidentiality/privacy issues Security of "Big Data" Discrimination/bias Access to legal system AI Used For Harm committing crimes Voice masking programs Online bots