Dec 19, 2016 11:15:00 AM | Philippe Gollin
In an effort to support a legal profession with systemic challenges accessing technology, and barriers for accessing legal services, the American Bar Association (ABA) established a Commission on the Future of Legal Services. The Commission presented an Annual Report on August 6, 2016 with key recommendations. In its publication, the ABA wrote that, regarding the legal profession, the proliferation of technology, such as mobile apps and artificial intelligence that now does the work of multiple lawyers, continues to change how legal services can be accessed and delivered.
“We must open our minds to innovative approaches and to leveraging technology
in order to identify new models to deliver legal services. Those who seek legal assistance expect us to deliver legal services differently. It is our duty to serve the public, and it is our duty to deliver justice, not just to some, but to all.”
- William C. Hubbard, American Bar Association President 2014-15
The legal profession as a whole stands to gain from predictive analytics. For legal professionals, predictive analytics is a strategic tool to anticipate risks, provision expenses related to litigation and assist in decision-making by providing helpful insight that will guide one into the right direction. It can also uncover hidden patterns, unknown correlations, and other useful business information...
With the explosive growth in volume, velocity, and diversity of data produced by mobile devices and cloud applications, the Canadian legal world has begun to grasp the benefits of using and leveraging big data with the aim of being flexible and effective in their profession.
The percentage of IT decision-makers at mid-sized to large organizations surveyed who said they expect the amount of data they store to double in the next two to three years. That same survey found that more than 75 percent are implementing Big Data-related solutions within the next 12 months.
- Global Enterprise Big Data Trends: 2013 from Microsoft
Jul 31, 2016 12:06:55 PM | Philippe Gollin
It will be the first time a Canadian high court will consider the “right to be forgotten” on Google. The Supreme Court of Canada granted Google leave to appeal1 the ruling in Equustek Solutions Inc. v. Google Inc., 2015 BCCA 265 (see full case here), that required Google, as a third party, to block search results operated by the defendant not only on its Canadian search engine, google.ca, but everywhere else, including on google.com. The leave to appeal granted to Google in 2016 will clarify whether judges have the legal power to force Google to scrub sites outside their borders.
Jul 19, 2016 4:11:32 PM | Philippe Gollin
In a recent decision, the UK High Court in Pyrrho Investments1 (see full case here) endorsed for the first time the use of predictive coding. The Court laid out factors it considered in approving the use of predictive coding technology in the disclosure process:
The value of the claims made;
If the parties agreed on the use of software and how to use it;
There is no evidence to show that the use of predictive coding software leads to less accurate disclosure being given than, say, manual review alone or keyword searches and manual review combined, and indeed there is some evidence to the contrary;
Greater consistency in using the computer to apply the approach of a senior lawyer towards the initial sample (as refined) to the whole document set, than in using dozens, perhaps hundreds, of lower-grade fee-earners, each seeking independently to apply the relevant criteria in relation to individual document
Because of the novelty of predictive coding technology in Canada, Canadian courts will be called upon to shed some light on the parties’ obligations relating to electronic disclosure.