1. 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

2. 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.”

3. Big Data
Legal Analytics
Artificial
Intelligence
Algorithms

4. 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

5. 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

8. 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

9. 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)

10. 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]

12. Replacing Courts?: On Line Dispute Resolution

13. 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

16. 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

18. Biometrics

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

21. 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