CORE XXIV (81) - 2018 91 1 brought to you by by you to brought

e-government services system in the context of EU’s legal framework of Digital Single Market”, led by Professor Tanel Tanel led by Professor Market”, Digital Single of EU’s legal framework of context the services system in e-government Kerikmäe, Tallinn School, Tallinn University of Technology. This research was supported by the Estonian Research Council grant PUT1628 “The assessment of Estonian national assessment of PUT1628 “The Council grant Estonian Research by the was supported This research

1 KEY WORDS: law firms automatization of legal professions, innovation, legal technology, explicating the different aims and levels of development of different legal technologies. However, the discourse on automatisation of law has been scant and sporadic. This paper aims to automatisation of law has been scant and sporadic. This paper aims to the discourse on However, shed some light on the current operating technical solutions for innovation with the primary aim of performed by means of legal technology – will become public knowledge in the branch, as the costs performed in the branch, as the costs by means of legal technology – will become public knowledge this in Tech, Legal or technology, Legal considerable. are technology legal of usage the by saved that affect both and clients on various levels. context represents a broad range of solutions considerable paradigm change since the work provided by law firms in the form of billable hours, in provided by law firmsconsiderable paradigm change since the work in the form of billable hours, in fact, largely consists of services but involve mere data which do not require superior the consequence – to have all outsourceable servicesprocession. It is only a question of time that be The business model of many law firms, as legal professions on the whole, will be facing a a facing firms,be will law many whole, the of on model business professions legal The as Abstract Abstract

Determining Roadmaps for Innovation Roadmaps for Determining Kerikmäe, Thomas Hoffmann, Archil Chochia Tanel Legal Technology for Law Firms: for Law Firms: Technology Legal DOI 10.2478/cirr-2018-0005 XXIV (81) 2018, 91-112 (81) 2018, XXIV ISSN 1848-5782 UDC 347:65.011.56 Croatian InternationalCroatian - CIRR Review Relations View metadata, citation and similar papers at core.ac.uk at papers similar and citation metadata, View indeed intends intends indeed (polling the managing partners and (polling the managing BDO’s Leadership Survey Leadership Firm BDO’s Law n 2016, and Pinsent Masons announced their decision to decision their announced Masons n 2016,and Pinsent Linklaters essentially contribute to the comprehensive change of the legal service market, as technology is only one of three drivers (Susskind 2014) of this This does not mean that these many innovative software tools do not do tools innovative software many these mean that This does not category of big data, many other novel kinds of legal software in use right in use legal software kinds of novel many other big data, of category now or under development in the field of Legal Tech simply undertake computational tasks without any “intelligent” component at all. big data, as there is currently a paradigm change in terms of qualitative processing in this field. While Linklater’s Verify may fall indeed into the acting mechanism is far from being available imminent or even under in this also only and – AI weak of thus speak only we and development, the three fields of machine learning, natural language processing and there are secondary “mimicking thinking and reasoning abilities, without reasoning and thinking “mimicking secondary are there legal of context the In 2017). al. et (Ben-Ari abilities” these having actually any truly human-like and law and tech, profession and legal automatons, Norvig (2010), from the perspective of computer science where AI is a AI where science computer perspective of (2010),the Norvig from AI, formed) (non-human weak and formed) ( human strong subdivision of of changing content. Also, in the context of the latter reference it is it reference latter the of context the in Also, content. changing of questionable whether In fact, as pointed out by Russell to refer to AI in its technical meaning. and ‘Artificial intelligence’ as a term requires some specification in this context, this in specification some requires term a as intelligence’ ‘Artificial as a buzzword marketing, especially in media and used, is often as it from law firms. This will in turn bring about changes to their resourcing mix, resourcing their to changes about bring turn in will This firms. law from at law firms” (BDO 2017). business models and financial structures (AI) will replace impact, with many believing it would have the greatest the work of lawyers, or strip out a significant layer of work and revenue Times 2016). Linklaters and Pinsent Masons are in good company: The latest Times 2016). Masons are in good Linklaters and Pinsent BDO’s Survey Law Firm Leadership senior partners of 50 leading law firms) states that “artificial intelligence has “developed Verifi, a computer program that can sift through 14 UK check client names for banks. The registers to and European regulatory (Financial company said thousands of names overnight” it could process I invest in autonomous office automatons, to be more specific,Linklaters Introduction

XXIV (81) - 2018 92 XXIV (81) - 2018 93 or data to assemble a new document and could also include the assemble a new document data to or ), which encompasses the design of systems and workflows include These documents. electronic of creation assist in the that logic-based systems that use segments of pre-existing text and/ by the creation of social and referral networks; and Forms (DIY Legal Assembly and Automation Document -to-Lawyer Networks, providing synergies for outsourcing and providing synergies for outsourcing Lawyer-to-Lawyer Networks, 2. 1. Praduroux et al. (2016) propose eight categories in which legal technology in which al. (2016) categories propose eight et Praduroux presently advances: Categorization according to Praduroux presents and compares two of them prior to elucidating its proper to prior them of two and compares presents perspectives on the issue. Various authors have tried to categorise these developments; this paper these developments; this categorise tried to have Various authors Categorising of existing Legal Tech software software Tech Legal Categorising of existing solutions These three aspects form at present quite an unclear amalgam of different of amalgam unclear an quite present at form aspects three These light. shed some to this paper intends which to scenarios, and overlapping the legal market. One is the growing cost pressures on lawyers, or – in a nutshell – the “more “more a nutshell – the – in lawyers, or on pressures cost growing One is the liberalisation of the directly from evolves second The challenge”. less for on compete to allowing non-lawyers from in particular, legal services and, the past“ (Susskind 2014). These technologies, however, will fully unleash aspects: with two further in combination impact only its comprehensive internationally. This paper thus does not focus only on the AI aspects of of AI aspects on the only focus not does thus This paper internationally. support, not which do technologies all “disruptive on but Legal Tech, sustain or enhance the way that lawyers and law firms have worked in change that will combine to transform the legal landscape radically and and radically landscape legal the transform to combine will that change and producing electronically stored information (ESI) in response to ato response in (ESI) information stored electronically producing and request for production in a law suit or investigation. ESI includes, but is not limited to, emails, documents, presentations, databases, voicemail, audio and video files, social media, needevidence legal all that mandates law the as importance eminent and web sites – an aspect of to be uncovered in law suits and the enormity of the task is staggering; management provides the information needed at the beginning of a the information provides management juridical process to improve it; oreDiscovery e-discovery, called (also Discovery Electronic e-Discovery), which is the electronic aspect of identifying, collecting Predictive Analytics Predictive analytics and Litigation Data Mining. is the analysis of data through statistical or mathematical techniques that results in meaningful relationships being identified in the data. events better prediction of future These results can then be used for litigation of modelling Predictive decision-making. and better . Legal search engines based on advanced search advanced based on engines search Legal Legal Research. technology from the fields ofcharacteristics and with different and natural language processing, artificial intelligence, data mining, features are available; and case information, including contacts, calendar and meeting calendar and including contacts, and case information, information, documents, and other specifics. All that in law practices can be considered practice/ facilitating automation is involved in case management software; actions of people and non-corporeal entities in an environment that entities in an environment and non-corporeal actions of people (Solarte-Vasquez et al. 2016); is basically borderless Areas Practice Specific for Management (Case Management Practice software provides and case management and Legal Billing). Practice effectively managing client methods for attorneys with convenient value. In the networked society and in the digital age, transactions age, transactions and in the digital society the networked value. In even bond or but a complex a binding link create not merely do On duties. and rights to refer may which of some these, several of to need nowadays rules of creation the practical account, more a the value, and control of things immaterial of protection the on focus so-called smart contracting: In transactions of the traditional type type traditional of the In transactions so-called contracting: smart of things transfer to or from to refrain to do, “bound” are people 6. 5. 4. 3.

XXIV (81) - 2018 94 XXIV (81) - 2018 95

of data that is exchanged in client/server data transfers. Fundamentaltransfers. data client/server in exchanged is that data of proven, industry-standard encryptionto these technologies is the use of et al. 2016) algorithms for data protection. (Praduroux exist independently of the technology; exist independently confidentiality protect to intended are These Technologies. Security Data ODR consists of technology-assisted solutions referring to the use of the to technology-assisted solutions referring ODR consists of Resolution processes that to augment Alternative Dispute technology A prominent example of technology-based ODR systems are blind- example of technology-based A prominent multivariate algorithms to uses The technology bidding systems. of branch second The optimal outcome. the at help parties arrive may be called technology-based, referring to those systems those systems to where referring called may be technology-based, resolution. dispute the plays role in conducting an active technology Internet, to solve disputes out-of- through an Alternative Alternative an through out-of-court disputes solve to Internet, of basic branches two are There procedure. Resolution Dispute ODR, both based on different kinds of technology: The first branch Online (ODR) uses technology, especially especially the uses technology, (ODR) Resolution Dispute Online Source: Rackwitz and Corveleyn (2017) innovation matrix”, in which Legal Tech can be distributed into four distributed into be can Tech Legal in which matrix”, innovation separate quadrants: Rackwitz and Corveleyn, the founders of TPR Legal, drafted a “legal Legal, of TPR founders the Rackwitz and Corveleyn, Categorisation according to Rackwitz and Corveleyn 8. 7. legal practitioners. Kluwer, and SAP)” (Rackwitz and Corveleyn 2017); and finally for Know-How: Managing, creating, and delivering information, as Practical Reuters Law, Thompson example provided by Bloomberg Law Company or Wolters Kluwer (and Smartlaw), who basically provide tools facilitating legal research for their recent acquisition of TyMetrix). Software providers can improve efficiency by facilitating information, tasks like access to time-consuming and supporting document and processing, document collaboration, overview, a offering solutions, point include providers Software generation. system for a single issue, and 360 degree solutions (LexisNexis, Wolters Smartlaw, Tymetrix, Rocket Lawyer and LegalZoom, Flightright Rocket Lawyer and LegalZoom, Smartlaw, Tymetrix, elucidate that Corverleyn and Rackwitz Solutions. Street New and new from range legal services industry the within solutions “Software (LegalSifter) to analytics that ways to manage and analyse documents and predictions (Lex Machina, use data to make legal judgements lies in their specialty in vetting, preparing, managing, and supporting and managing, preparing, vetting, specialty in lies in their (Rackwitz and Corveleyn 2017) temporary staff or managed teams.” legal tasks, i.e. directly performs Software: Providing software which search, or delivery, as for example analysis, content organization, replacing a team member. The added value lies in their specialty added member. The replacing a team supporting temporary staff or preparing, managing, and in vetting, managing for ideal solutions are providers Network teams. managed a sudden spike in work volume, meeting a requirement for specific The added value a team member. expertise, or temporarily replacing services themselves in the form of managed services (Thompson of managed in the form services themselves Lawyers (BLP staffing on-demand or Services) Managed Legal Reuters Network Obelisk Support). Legal, Eversheds Agile, On Demand, Axiom spike in work a sudden managing solutions for providers are ideal volume, meeting a requirement for specific expertise, or temporarily Platform: Access to legal services, i.e. IT tools serve as a platform, as serve as a platform, i.e. IT tools to legal services, Access Platform: section Ask-a-Lawyer the Lawkick, by Neulexa, example provided for and LawGives. LegalZoom, Lawyer website, of the Rocket which differ networks, use of Creating synergies by making Network: offer providers “network way that a in solutions platform the from 4. 3. 2. 1. These four quadrants refer to: four quadrants These

XXIV (81) - 2018 96 XXIV (81) - 2018 97 path to resolution. The article reports a 2010 study of the American Association (ABA), which finds that an increasing number of people about legal issues but also guide a user through the entire process of entire the about legal issues but also guide a user through navigating this and take, a path to issue, choosing their determining interests of the providers of legal services. In the US, for instance, the instance, US, for legal services. In the providers of the of interests for State published need for National Center a paper outlining the provide information only would not state-by-state legal help portals that The steady growth in online services is not only caused by economic only services is not in online steady growth The were formed using LegalZoom” (McGinnis and Pearce 2014). were formed using LegalZoom” (McGinnis The ethical dimension raising funds from Google Ventures,” resulting in the fact that already raising funds from Google Ventures,” in California limited liability companies new of cent “20 per than 2011 more others, offer online consumer and small-business services using machine offer others, Permira with market the entered have players financial Major intelligence. Lawyer Rocket and LegalZoom in interest an owning Perkins Kleiner and also report an exponential growth of document generation as a Legal generation document of growth an exponential also report among and Law Depot, Rocket Lawyer, Nolo, “LegalZoom, Tech target: $3.6 billion in 2010 ($1.1 billion in software and $2.5 billion in services), with in $2.5 billionand software billionin 2010 ($1.1 $3.6 billion in $7.4 and software in billion ($2.5 2017 by anticipated billion $9.9 to growth billion in services” (McGinnis and Pearce 2014). Rackwitz and Corveleyn before for-profit companies like Lexis and Westlaw startedtheir establishing practice in the 1970s (Terry 2008). In our days, “the of revenue in global market discovery resulted to intelligence machine application of legal providers and traditional lawyers – led by legal research where led by legal research and traditional lawyers – legal providers mid-1960s, as early as in the play a role to automatisation started machine these categories, so far the branches of legal research, discovery, and discovery, and so far the branches of legal research, these categories, document generation (respectively category 2, 4 and 6 in the Praduroux classification) have been proving most profitable for both alternative the matrix focuses on alternative service providers rather than ’s the than service providers rather alternative focuses on matrix the Within quadrants). four all within tasks serve would (who such as profession categorisation, Rackwitz and Corveleyn (2017) to a large degree include degree large a to (2017) Corveleyn and Rackwitz categorisation, the findings of Praduroux in their matrix, making itmore advanced also as well, research in their point out As they approach. its functional owing to While Praduroux et al. (2016) apply a rather linear approach in their Comparisonpractical and significance Private Legal Information sites that help users understand what the what understand users help sites that Information Legal Private Non-profit Legal Services Referrals/Information sites that help a user to determine their personal legal issue is and what local services are available; Government/Court-Sponsored Information sites that elucidate the sites that elucidate Information Government/Court-Sponsored and which explain eligibility for law and respective legal procedures, receiving services; 3. 2. 1. from Stanford and Stanford Institute of Design has categorised from Stanford Law School and Stanford these needs as follows: This research shows that online legal services also serve clear non-profit Hagan Margaret a social aspect. from society serve legal purposes and information. The UCL research team followed up with a study focused on The UCL research information. to find legal help (Denvir et al. 2011). young adults’ use of the Internet to obtain information about problems with a legal dimension (Balmer at obtain information to al. 2011). and in particular that However, it also revealed some problems young people had the most difficulty in finding useful and correct legal how technology-based legal help tools are used by laypeople in Great how technology-based Britain. One study found significant growth in adults’ use of the Internet around lawyers’ ways of addressing legal issues rather than the mental the than legal issues rather addressing lawyers’ ways of around Researchers 2014). (QAILS problem” a through going laypeople of models several studies on (UCL) have conducted at University College deliver legal services in community legal centres. The outcome was a outcome The in community legal centres. deliver legal services models “are not current services but the potential of Internet-based great sufficiently user-friendly or effective, in part because they are structured easily find and make use of online information (CLEO 2013). In Australia, used to is being technology in Queensland studied how researchers assess initiatives to laypeople and the new the services they provide they problems legal services providers reported Ontario The have promised. able to clients are not help and, in particular, that their with online legal Australia and the . The Canadian group Community Legal Community group Canadian The Kingdom. United the and Australia to in Ontario legal service providers surveyed (CLEO) Ontario Education particular, younger adults are especially likely to rely on online searches searches online on rely are especially adults to likely younger particular, Internet the use would 65 over those of few very while lawyer, a finding for to find a lawyer (ABA 2010). Other studies were carried out in , are using online searches to find a lawyer for a personal legal matter. In

XXIV (81) - 2018 98 XXIV (81) - 2018 99 (Hagan 2016). information but that also information but assist in getting forms completed or them all. at courts the through going dispute without their settle to even are run by non-profit or start-ups; and are run by non-profit with user the only provide not Legal Self-Help tools that Private Legal Services/Eligibility sites that present screeners to determine what what to determine screeners Legal Services/Eligibility sites that present these Often pursue. eligible to be paths users might or legal service and answers on legal issues, on legal answers and that tools lawyer-focused well as more as tools and summaries; in-depth research provide law says about certain topics. These include sites that present articles articles present sites that include These topics. certain says about law (e-)services and abandon the outdated modus vivendi – Indrek Teder, Indrek vivendi – modus outdated the abandon (e-)services and his start-up company of , introduced Estonian Chancellor former Providing an example from – which pursues to improve juridical Estonia – which pursues to Providing an example from from reasoning influenced by extra-legal elements; and finally, be “fact- processing digital(ly) (Kerikmäe and when legal documents determiners” Särav 2017). analyse and their applicability the textual interpretative methods in ‘hard cases’, and pick up the elements practice; categorise the cases, regulate technologies in terms of clarifying the sources of legal norms regulate technologies in terms angle the from analyse lawyers’ arguments order; hierarchical and their big data method, principles, and, using the presented values and of Already today computers are able to structure legal knowledge and able to structure Already today computers are Problems of practical implementation of practical Problems they need in other aspects of their lives” (Arruda 2017) if lawyers are able service and better information more to maximize their time in providing faster for their clients. obligation to use low-cost or even free legal assistance low-cost or even free legal obligation to use software, as that “clients will the legal representation be able to more easily afford It can thus also be assumed that lawyers may face in this sense an ethical an sense this in lawyers may face assumed that also be thus can It 5. 4. The Baltic Baltic The 2016). geolocation technologies that can accurately screen users by , users screen accurately can that technologies geolocation so as to allow online vendors to do as much business as possible without breaking the law” (King 2011). to the next, such that content or services may be legal in one jurisdiction services may be legal in one or content that such next, the to for and unlawful This variation creates a tremendous demand in another. In a globalised world, the potential of uniform automatisation of law further automatisation of uniform potential of In a globalised the world, depends on the geographical location (i.e. a specific legal system). To jurisdiction (2011), one with King “ vary substantially concede from clients.” (McGinnis and Pearce 2014). and settled areas. Third, counsellors who must persuade unwilling clients and settled areas. Third, counsellors since will to have a role, also continue to do what is in their self-interest with bonds emotional necessary the create unable to willbe machines the value of a case. Second, those lawyers who are in highly specialised are in lawyers who those value of a case. Second, the will be , like Dodd-Frank legal change, rapid areas subject to routinized more in best will work machines because relatively unaffected, will continue to enjoy a lucrative niche, although machines may advocates will continue of litigants on reduce the number of disputes a convergence by creating (Amazon, eBay) or the social media – has taken place yet in practice. yet place has taken social media – the eBay) or (Amazon, McGinnis and Pearce (2014) have identified three main reasons: “First, oral future, foreseeable the for speak in court because machines will not Even though the potential and demand for automated lawyering is the potential Even though sales in occurred has as it – breakthrough real no steadily growing, innovation to enter into legal space, but rather how to determine the how to determine but rather into legal space, innovation to enter type of playground. of the stakeholders on the new rights and duties The question is thus not whether to “allow” AI based software and digital made price for standard solutions” and suggests that the area of legal of area the that suggests and solutions” standard for price made years ( dramatically following services will within the change Course field of traditional legal services is a late bloomer in terms of implementing implementing of terms in bloomer late a is services legal traditional of field a tailor- ask for acceptable to longer no is “it that stresses and innovation documents, such as contracts, online. He claims that the goal is to make make is to goal the that He claims online. as contracts, such documents, Baltic Course (The affordable accessible and easily more forms regular the believes that at law, as an attorney works who currently 2016). Teder, Avokaado, which enables the clients to create drafts of standard legal of standard drafts to create clients the which enables Avokaado,

XXIV (81) - 2018 100 XXIV (81) - 2018 101 , including 2 . http://www.capterra.com/law-practice-management-software/ See examples at 2 algorithmic accuracy. Second, it describes types of analyses that draw on analyses that types of it describes Second, accuracy. algorithmic the belief it promotes to clean and compare data. Third, a range of tools objectivity, and truth, results with greater data sets generate that large to the use of large data sets in data science and predictive analytics. to the use of large data sets in data science and predictive analytics. and power maximizes computational that technology to refers it (…) First, Big data Big data usage is defined as a “generalized, imprecise term that refers in legal fields only imminent practical relevance in the area of big data. in legal fields only imminent practical in terms of legal justification, promptness has remained similarmind, see human vs imitation of machine had in mind (thinking Turing to what sparked has AI form, its weak in even above, out pointed 1950). As Turing Yet, the main discourse still concerns the controversial term AI – especially AI term controversial the discourse still concerns main the Yet, products” that are mutually applicable software for their and invoicing systems and reminder streamline, clouding, built-in certain legal areas. calendars, but also those that administer Today we are faced with an abundance of “law practice software abundance of Today we are faced with an Perspectives effort in regard to efficiency of legal peculiarities. national legislative technology consideringthan 28 with the Member States. Still, the regulation of already existing or potential of already existing or potential States. Still, the regulation with the Member reasonable abstractedness may and e-services in e-technologies constitute a considerable challenge itself, but it will certainly require less in segregated such as the European Union and the Digital Union and as the European jurisdictions such in segregated in cooperation effectuate to is struggling Union which the Single Market, ambiguity challenges sovereign jurisdiction,” and believes that the use of of use the that believes and jurisdiction,” sovereign challenges ambiguity justice between conservative excessive tension per se creates ICT-tools is problematic location Geographical digital world. liberal more and a lot Reidenberg (2015) is rather blunt by adding that “technologically-created “technologically-created that by adding blunt is rather (2015) Reidenberg

http://www.dougengelbart. – it is not intended – it is not at 4

. , which analyses unstructured which , 3 https://www.ibm.com/watson/ . Engelbart’s work has been customized to contemporary human-computer interface human-computer contemporary to customized has been Engelbart’s work . Augmenting Human Intellect: A Conceptual Framework Conceptual A Intellect: Human Augmenting (1962), where it was referred to as increasing the human intellectual capacity to approach and solve particular intellectual capacity to human as increasing the to (1962), it was referred where his original work See problems. org/pubs/augment-3906.html/ by a joint work by scholars of Cambridge and MIT (Xia and Maes 2013). See the description and official website at See the description The conceptual framework for augmenting human intellect was initially introduced in the early 1960s by Engelbart respective measures. 3 4 to the client’s detriment” (Segrist 2015) comprehensively inform and thus (Segrist client’s detriment” the to take big data and advise him to and risks of nature the client on the consecutively enforce and/or protect the client’s interests, a “prudent client’s interests, the protect and/or consecutively enforce should advise a client’s needless dissemination of vast attorney against that could potentially be used by another amounts personal information far more risks in terms of data privacy and data leakages of litigation- of data privacy and data leakages of risks in terms far more lawyer’s main task to professionally analyse and sensitive data. As it is the Nevertheless, big data as such has a prominent impact on the legal the impact on has a prominent as such big data Nevertheless, perspective, as big data does not profession from an entirely different perspective, also a client’s from but, opportunities only provides for operating only upon commands. science, machines like IBM Watson can contribute to faster and by grasping, collecting and analysing effective (time-wise) research more the data based on entered inquiries, although its intellect is limited to here with how calculators initially worked in the hands of engineers and engineers hands of the in initially worked calculators how with here (Xia and Maes 2013). In law practice and legal professionals architecture as an intellect system in the sense that it is meant to complement human human complement to it is meant in the sense that as an intellect system decision-making whereas interaction computer-human activity through parallel One could draw a AI. humans, as a strong remains in the hands of natural language processing and machine learning. Nevertheless, IBM Nevertheless, learning. and machine processing language natural Watson has today several implementations outside of law area and it is human intelligence of augmented used only as a form device serving these functions is IBM Watson IBM is functions these serving device by using documents from information most important the data and selects amount of data which legal service software today proceed from and which legal service software today amount of data sufficiently a already represents data big of potential unlimited virtually the a well-known others, Amongst to be tackled by software. challenging task each other. From a legal perspective, that aspect of “common sense” of “common that aspect legal perspective, a From each other. is so far of less relevance, as the merely quantitative gap between the data can help to overcome one of the most striking current shortcomings shortcomings current most striking of the one to overcome can help data we which intelligence by human dataset possessed immense that – AI of to relate data how about knowledge i.e. sense”, “common simply call accuracy” accuracy” (Crawford and Schultz 2014). In the context of strong AI, big

XXIV (81) - 2018 102 XXIV (81) - 2018 103

http://www.rossintelligence.com/ , for instance, which has been built on IBM Watson’s platform platform Watson’s IBM on built been has which instance, for , 5 See more about the ROSS from its official website at ROSS from its official See more about the 5 The central question is how far the core of legal work genuine and legal lawyering reasoning – – may be replaced by a machine like Watson but the system’s proficiency exponentially increases (and not by external updates, as usually practiced). by practice itself form, but provides immediate answers while at the same time being an time being same answers while at the immediate provides but form, independent learning system. Similarly to Watson, it is simply a supporting system, leaving the legal justifications to the command giver by default, Intelligence and works on a research basis, relies on direct inquiries in a question Finally, deep learning concerns a central field of legal work – development – work legal of field central a concerns learning deep Finally, ROSS professionalisation. continuing in results which by doing – experience Deep learning interactions with human behavior, human language, and even human interactions with human behavior, (Ben-Ari et al. 2017). biases and other psychological traits” point of autonomy, there will a comprehensive interplay with natural point of autonomy, there be “the – related closely are skillsas well, as both processing language added value from is the learning machine and NLP between difference – which already today replaces secretaries’ tasks to a large degree – a large degree to today replaces secretaries’ tasks – which already software is not sufficiently advanced yet to autonomously overtake legal critical a reached mechanisms will have learning deep Still, once writing. advancements in the field of natural language processing dictation technology beyond However, legal professions. deep impact on will have a As language is the lawyer’s main course and main tool, the technological the technological tool, lawyer’s main course and main As language is the guard against illegitimacy” (Bennett 2014). guard against illegitimacy” Natural Language Processing these can legitimately feed into decisions and actions. It also involves It also involves and actions. into decisions legitimately feed these can and accuracy ensure accountability, enhance to in order transparency as it seems – as it has always been the case with access to data, handling handling data, access to with case the been always has it as – seems as it “involves an legal decisions when making appropriately these data and how be drawn can inferences what work, they how of understanding Big data as a source itself is legally (and also technologically) less novel novel less technologically) (and also is legally itself a source as Big data for processing the digital legal documents. processing the for 6 Categorize cases, difficult cases and pick by legally external facts; and arguments that were influenced out elements from the facts” of identifier “the Be closer to a solid and valid system of values; closer to a solid applicability and their interpretation textual of methods Analyse the in practice; Explicate order and norms and their hierarchic the sources of legal and overlaps; find contradictions values presented viewpoint of the from arguments Analyse lawyers’ move by that and method “big data” the by using principles and A term used by Dewitz more than two decades ago, see Dewitz (1995). more than two decades A term used by Dewitz 6 enough to embed prescriptive codes of ethics into the parameters of to embed prescriptive codes of ethics into enough When transparency? of principles normative of what but algorithms, such comprehensively convincing answers. When now legal solutions portals enabled by Al and delivered by technological “legal services are prevail? It is easy which version of law will algorithms are proprietary, time is rooted in the general distinction between law as authority and time is in the general distinction rooted be decided, the more sophisticated cases are to law as legitimacy; the exclusively provide able to will be law as authority of less the concept One aspect where a human mind will keep its supremacy for a long a for its supremacy will keep mind human a where aspect One the essence of legal work, which leaves the lawyers a question as to what to as question a lawyers the leaves which work, legal of essence the over taken been tasks have these after still be could function intrinsic their by deep-learning enabled machines. A comparison with lawyer’s daily work shows that these tasks encompass shows that work A comparison with lawyer’s daily 5. 4. 3. 2. (2014), they could: 1. legal decision-makers, they can be rather successful in structuring the in structuring successful can be rather they legal decision-makers, legal knowledge” (Lippe and Katz 2014). According to Lippe and Katz software systems, like the aforementioned ones, are potential reduction reduction potential are ones, aforementioned like the systems, software Even process of systematisation means in the or exclusion of legal order. them ever replacing in the sense of be ridiculed can computers though as well in near future. Lippe and Katz do not think so, but “nevertheless, “nevertheless, so, but think not do and Katz Lippe future. in near as well

XXIV (81) - 2018 104 XXIV (81) - 2018 105 – a 7 Further on the need for reforming the teaching of , see Hoffmann 2014. law, see Hoffmann of comparative for reforming the teaching Further on the need 7 advice in a way opaque and obfuscated to gate-keep the monopoly reasonable adaptation to prevented services have till this date these on business models of traditional law firms (which keeps motivations for reform for motivations keeps (which firms law traditional of models business usually today are (which firms law these in structures hierarchic strictly low), law and legal keep to interest inherent led by non-digital natives) and the On the other hand, the century-long and still continuing success of the success of and still continuing century-long the hand, other the On to avoid the extra-legal elements in the process of ensuring the rule of rule the ensuring of process the in elements extra-legal the avoid to a better for also provide – that beyond – law (politics, ideologies) and certainty) (Kerikmäe et al. 2017). predictability of legal decision (legal are, to a sufficient degree, technically performable by machines. Lawyers machines. by performable technically degree, sufficient a to are, human cost-effectiveness (time, the for welcome these technologies society appreciates new mechanisms as they help and the resource), situation in which especially discovery, legal search, generation of generation legal search, especially discovery, which in situation and predictive analytics of briefs and memoranda, creation documents, For more than fifty years, automatisation of legal services has occupied tasks of legal professionals, resulting in today’s share of the a growing Conclusion disciplines, taught today merely as adjacent courses (if at all), into the into all), (if at as adjacent courses merely today disciplines, taught education. core fields of legal in “holistic” legal fields such as legal philosophy and comparative law comparative and philosophy legal as such fields legal “holistic” in trend which could, also in legal education, shift the significance of these draft an already quite defined field of needs for human legal reasoning – quite defined field of needs for draft an already legal professionals, For of transparency. in terms outcomes adjusting the this perspective points out a growing need for specific expertise not only standards derived from normative ethical principles to work alongside work to ethical principles normative derived from standards the technology?” (Coulson 2017). These rhetorical questions succeed to drive seamless service delivery, is it sufficient to rely on the service provider provider service the on rely to sufficient it is delivery, service seamless drive Or is being made? are which decisions mechanisms by disclose the to rules and bound by legal professional a human to engage it preferable legal thinking is increasingly hidden within inaccessible inaccessible within hidden is increasingly thinking legal that algorithms firm frames. of lawyers’ services. This would reduce the ambiguity and confusion that of lawyers’ services. This would reduce where innovation does not (yet) have is understandable in the situations Intelligence; a clear categorisation and division of the technologies the of division and categorisation clear a Intelligence; still seems as a many to which in Legal Tech, clarity used would bring mystified parallel world which threatens to swallow the traditional set-up digital options described in this article have distinct capacities and aims. digital options described in this article Finally, one should be careful to market every digital solution as Artificial categorisation of legal technologies should become a relevant factor categorisation of legal technologies not only in the context of lawyer-client relationship themselves, as different legal professionals among and risks), but also for (clarity of benefits all technological progress has been for all professions – less the end and less the all professions – for has been progress all technological of work and new kinds of tasks rather a transition to new forms to which The it. pursue seriously who those possible to adaptation will always be legal profession. But also from a lawyers’ point of view automatisation will legal profession. But also from aura if one realises that automatisation is lose much of its threatening – as to consumers, and access to consumers, and more widely to justice thereby becomes the much as which, vision a is This 2014). Pearce and (McGinnis available” society as such would profit, at first sight seemsdaunting to the practical trigger the end of lawyers’ monopoly and provide a benefit to affordable and transparent services become more and clients as legal society As excellent as these results may be, one has to agree with McGinnis and McGinnis and with agree has to one may be, results as these excellent As best possible may assure the that “mixing in human intelligence Pearce will machine intelligence of disruptive effect the (…) Therefore, result. and Särav 2017; Kerikmäe et al. 2016). 2017; Kerikmäe and Särav fear that computers may, at least partly, replace them and carefully carefully and them replace partly, least at may, computers that fear of capable not are that agents positivistic creating for engineers accuse of law (Kerikmäe “living ethics and the human values, evaluating nature” technological potentials. Besides, many lawyers intuitionally (and rightly) rightly) (and intuitionally lawyers many Besides, potentials. technological

XXIV (81) - 2018 106 XXIV (81) - 2018 107 , . Legal [Accessed 30 University of New University of American Journal of American Journal [Accessed 30 February 2018]. [Accessed 30 February http://www.bdo.gg/en-gb/news/2017/ Richmond Journal of Law & Technology Law & of Journal Richmond , 37(2): 643–678. [Accessed 30 February 2018]. https://www.americanbar.org/content/dam/aba/

http://lawforlife.org.uk/wp-content/uploads/2010/05/ , 40(3): 443–458. Technology set to have the greatest impact on law firms over enforcement decisions: testing the new tools. new decisions: testing the enforcement South Law Journal communities, formats and delivery channels, 22 [online]. Cleo Artificial Intelligence in the : an analysis and proof experiment. concept of 23(2): 2–55. the next five years. BDO’s Law at: Available [online]. 2017, Firm Leadership Survey, 16 May technology-set-to-have-the-greatest-impact-on-law February 2018]. Services Research Centre, Research report March 2010, [online]. March report Research Centre, Services Research Available at: knowledge-capability-and-the-experience-of-rights-problems-lsrc- may-2010-255.pdf Model Rules of Professional Responsibility. Model Rules of Professional Advocacy Knowledge, capability of rights problems and the experience Available at: administrative/delivery_legal_services/20110228_aba_harris_ survey_report.authcheckdam.pdf Examination of the Use of Artificial Intelligence in Law and the committee on the delivery of legal services, perspectives on finding finding on perspectives services, legal of delivery the on committee The results of a public personal legal services: [online]. opinion poll, CLEO, 2013. Public legal education and information in Ontario and information CLEO, 2013. Public legal education Bennett Moses, L. and Chan, J., 2014. Using big data for legal and law Ben-Ari, D., Frish, Y., Lazovski, A., Eldan, U. and Greenbaum, D., 2017. BDO, 2017. Balmer N. J., Buck, A., Patel, A., Deniver, C. and Pleasence, P., 2010. Balmer N. J., Buck, A., Patel, A., Arruda, A., 2017. An Ethical Obligation to Use Artificial Intelligence: An , 2011. Bar Association, American Association standing American Bar Bibliography , Law Вісник https://www. Review of Central , 2(89): 27−42. Informatics and the and Informatics Boston College Law Boston College Law . Dordrecht: Springer. pp. 357–369. . Dordrecht: Springer. . Duncker & Humblot. pp. 205−222. [Accessed 30 February 2018]. , 39(2): 191−209. Virginia Journal of Law and Technology https://www.ft.com/content/19807d3e-1765- Augmenting Human Intellect: A Conceptual A Human Intellect: Augmenting [Accessed 30 February 2018]. 2018]. February 30 [Accessed , 76, Part 1. , 76, Part . Menlo Park: Stanford Research Institute. . Menlo Park: Stanford Research , 2016. Legal firms unleash office automatons. 16 May, , 55(1): 93–128. on Incredulity between the Human and a Machine. and Human the between Incredulity on Національної академії правових наук України and Legal Reasoning. In: Krimphove, D. and Lentner, G. M., eds. and Logic: Contemporary Issues Contemporary : Deviation or Extinction? Acta Baltica Human Contemporary 4 (2): 98−115. Historiae et Philosophiae Scientiarum, Discourse – Historical and Contemporary or Moral Computer 20(394): 411–417. Europe. law in academia: Central and Eastern and East European Law 11e6-9d98-00386a18e39d service: defining standards for the next generation of user-friendly online legal services. Framework [online]. Available at: framework to redress predictive privacy to redress predictive privacy harms. framework Review eds. U., Hahn, and I. White, Z., Bukowski, In: Acts. Reasoning Foundations of Legal technology: or how to stay relevant in a transformed profession. in a transformed stay relevant to how or technology: The Centre for Research and Innovation. Available Available and Innovation. for Research Centre at: cleo.on.ca/en Kerikmäe, T. and Särav, S., 2017. Paradigms for Automatization of Logic Kerikmäe, T., Müürsepp, P., Särav, S. and Chochia, A., 2017. Ethical Lawyer Ethical 2017. A., Chochia, and S. Särav, P., Müürsepp, T., Kerikmäe, Kerikmäe, T., Hamulak, O., Chochia, A., 2016. O., Chochia, A., A Historical Study of Hamulak, Kerikmäe, T., Hoffmann, T., 2014. Reflections on opportunities for comparative private Hagan, M., 2016. The user experience of the Internet as a legal help Internet the of experience user 2016. The M., Hagan, Engelbart, D. C., 1962. D. C., Engelbart, Dewitz, S., 1995. Using Information Technology as a Determiner of Legal as a Determiner Technology Dewitz, S., 1995. Using Information Crawford, K. and Schultz, J., 2014. Big data and due process: toward a Coulson, Coulson, S., 2017. Normative ethics and the changing face of legal

XXIV (81) - 2018 108 XXIV (81) - 2018 109

, 21: https:// , [online]. [Accessed , [online]. Available at: , [online]. Journal of the American Legal Tech Start-ups: State [Accessed 30 February [Accessed 30 ABA Journal ABA , 18(5): 544–551, [online]. Available , 82: 3041–3066. Navigating the Market for Alternative Navigating the Market for Alternative , [online]. University of Turin, . Available at: Turin, of University [online]. , [Accessed 30 February 2018]. https://tpr-legal.com/wp-content/uploads/2017/04/ Albany Law Journal of Science and Technology Journal of Science Albany Law Fordham Law Review https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3168328/ [Accessed 29 January 2018]. Available at: Navigating-the-Market-for-Alternative-Legal-Providers_-How-to- Choose-a-Right-Fit-Provider-CEB-Leadership-Council-for-Legal- Executives.pdf pdf a Right Fit Provider Legal Providers: How to Choose CEB Leadership Council for Legal Executives White Paper, p. 6. 30 February 2018]. Queensland [online]. Discussion Paper, Review and Literature Availableat: Inc. Services Legal Independent of Association law.uq.edu.au/files/1260/Qld-CLCs-and-technology-August-2014. [Accessed 30 February 2018]. and Trends Art the of http://vcvpaiva.github.io/includes/pubs/2016-legal.pdf services, an introduction. Language Processing: Association Medical Informatics at: about_how_ibms_watson_will_impact/ 2018] legal delivery of the lawyers in of role the will transform intelligence technologies. technologies. 61–124. profession. will impact the legal http://www.abajournal.com/legalrebels/article/10_predictions_ the pervasive legal consequences of modern geolocation Rackwitz, F. and Corveleyn, F., 2017. F., Corveleyn, and F. Rackwitz, QAILS, 2014. Queensland community legal centres’ use of technology. Praduroux, S., de Paiva, V. and di Caro, L., 2016. V. and di Caro, S., de Paiva, Praduroux, Nadkarni, P. M., Ohno-Machado, L. and Chapman, W. W., 2011. Natural McGinnis, J. O. and Pearce, R. G., 2014. The great disruption: how machine how disruption: great The 2014. G., R. Pearce, and O. J. McGinnis, Lippe, P. and Katz, D. M., 2014. 10 predictions about how IBM’s Watson King, K. F., 2011. Personal jurisdiction, Internet commerce, and privacy: privacy: and commerce, Internet jurisdiction, Personal 2011. F., K. King,

. . , 59(236): , . Dordrecht: University of University Mind [Accessed 30 [Accessed http://scholarship. North Carolina Journal Carolina North Northwestern Journal of Journal Northwestern http://www.baltic-course. , 28: 527–566. , 153: 1951–1974. , 153: Artificial Intelligence: A Modern Approach Modern A Intelligence: Artificial https://law.stanford.edu/2016/09/26/184188/ . Association for Computer Machinery. pp. Machinery. Computer Association for . , 16(3), [online]. Available at: Available at: [online]. 16(3),, The Future of Law and eTechnologies Future The Tomorrow’s Lawyers: An Introduction to Your Future to Your An Introduction Lawyers: Tomorrow’s , 2016. Former Estonian Chancellor of Justice established Justice of Estonian Chancellor 2016. Former , Proceedings of the 4th Augmented Human International Human Augmented 4th the of Proceedings In: (AH’13) Conference 154–161. Available at: [Accessed 30 February 2018]. Law Firm Teder, [online]. Available at: [online]. Teder, Firm Law com/eng/markets_and_companies/?doc=115102 February 2018]. 433–460. lawyers practicing in non-global law firms. & Business T. and Rull, A., eds. T. and Rull, A., Springer. pp. 149−176. Oxford: Oxford University Press. of Law & Technology & Law of law.unc.edu/cgi/viewcontent.cgi?article=1285&context=ncjolt 2018]. [Accessed 30 February Kerikmäe, In: contracting. in transactional design and smart factors 3rd edition. Upper Saddle River: Prentice Hall. River: Prentice Upper Saddle 3rd edition. duty of competence. changing the attorney’s Pennsylvania Law Review Pennsylvania Xia, C. and Maes, P., 2013. The Design of Artifacts for Augmenting Intellect. Xia, C. and Maes, P., 2013. The Design of Artifacts for Augmenting Vogl, R., 2016. SLS Blog: The Coming Age of Legal Technology, [online]. of Legal Technology, Age The Coming 2016. SLS Blog: Vogl, R., Turing, A., 1950. Computing machinery and intelligence. and intelligence. machinery Computing 1950. A., Turing, The Baltic Course The Terry, L., 2008. The legal world is flat: globalization and its effect on Susskind, R., 2013. Solarte-Vasquez, Solarte-Vasquez, M. C., Järv, N. and Nyman-Metcalf, K., 2016. Usability Segrist, P., 2015. How the rise of big data and predictive analytics are analytics data and predictive big rise of the 2015. How P., Segrist, Russell, S. J. and Norvig, P., 2010. P., J. and Norvig, Russell, S. Reidenberg, J. R., 2015. Technology and Internet jurisdiction. jurisdiction. Internet and Technology 2015. J. R., Reidenberg,

XXIV (81) - 2018 110 XXIV (81) - 2018 111 ) is ) http:// ) is a full professor a full professor ) is [email protected] , PhD ( PhD , [email protected] ( Eastern Europe. A list of his publications is available at bit.ly/1fz4RkT and consumer law—but also on intellectual and, to a certain degree, citizenship issues in Central and to the University of Tartu (Estonia) to become appointed become to (Estonia) Tartu University of the to focuses research Thomas’ (until 2016). Law in Lecturer DAAD comparative —especially only on not before he became research fellow at the Institute of East of fellow at the Institute became research he before (2009). relocated In 2011, he Law in Kiel, European Jagiellonian University in Kraków (2009). After his admission to (2009). After Kraków in Jagiellonian University as an associated lawyer the German bar in 2008, worked he at an international law firm in their offices in Kiev and Berlin, exam in law (2005) received his PhD at the University and also from he obtained an LL.M. of Heidelberg (2006) before Associate Professor of Private Law at Tallinn Law School, Tallinn Law at Tallinn Law School, Private of Associate Professor University of Technology, Estonia. He passed his first state in legal practice and its influence to European stakeholders. in legal practice and its influence Dr. Thomas Hoffmann legal reasoning and big data, legal impediments to new to and big data, legal impediments legal reasoning intelligence artificial and augmented of use and technologies law and eTechologies”. His recent scholarly articles include scholarly His recent law and eTechologies”. of automatization digital single market, topics on European of several books (published by Springer, Ashgate, Kluwer, Ashgate, (published by Springer, books several of as “Regulating Cambridge publishers) such Oxford and of Future “The and Union” European in the eTechnologies Many of these grants are focused on developing legal digital developing on focused are grants these of Many editor has been Tanel integration. European for skills as a tool legal and policy research group of that received significant from EU Commission funding Centre of (H2020, Jean Monnet etc. USAID Academy, Bernadotte Folke NATO, Excellence), of law and has been contributing to the research of research to the contributing been has law and of Union a European created He law and policies. European Dr. Tanel Kerikmäe Tanel Dr.

(Springer, ) is a researcher at at researcher ) is a “Political and Legal “Political and [email protected] ( “Brexit: History, Reasoning and Perspectives” “Brexit: History, Rights, the European Union, EU integration, EU Neighbourhood Union, EU integration, Rights, the European policy, Law and Technology. 2016) and (Springer, 2018). His research fields of interest are Human chapters in books, doctoral dissertation and conference dissertation doctoral chapters in books, books the of a co-editor is papers. He Policy” Partnership Eastern EU the of Perspectives Medical University, Georgia. He has more than 70 academic academic journals, articles in peer-reviewed publications as 2228-0588). Dr. Chochia obtained his doctoral degree from degree his doctoral obtained Chochia 2228-0588). Dr. in 2013, has previously while he of Technology Tallinn University Tbilisi and State USA of Scranton, at University studied Tallinn Law School of Tallinn University of Technology and a and of Technology University of Tallinn School Law Tallinn Studies (ISSN of European Journal Baltic of editor managing Dr. Archil Chochia Chochia Archil Dr.

XXIV (81) - 2018 112