Discussion about this post

User's avatar
Cjw's avatar

I'd like to provide a specific example of why AI tools are NOT useful to my law practice, as context for that study, because it highlights the particular frictions that exist to implementing the tech, some of which will melt away and others may not for a variety of good and bad reasons. The tl;dr version is that software doesn't work right, making it work right is illegal, and being too efficient is also illegal.

If you exclude the work I do which involves court appearances and talking to clients, defendants or opposing counsel, the routine grunt work falls into two broad categories with different hurdles.

The first (less interesting to both me and you) part involves reviewing routine PDF documents that get filed with the court periodically concerning uncollected money judgments. Here the main problem are the interfaces, we use a proprietary industry-wide software to record the notes I'd be reading and the payment data I'd need to compare against the PDF. Additionally the state uses a website that the attorney must log into to submit the documents. 95% of these reviews are cursory and reveal nothing, some small fraction reveal that some prior lower level employee either messed up a number or totally misread a situation and we should have filed a different document. You wouldn't even need AI tools to just check the numbers, but if the numbers are wrong it's usually wrong because of a data entry error or an ambiguous court judgment. You can get sued for statutory damages if a number is wrong in a direction that is bad for the defendant. Even assuming I trusted AI tools to spot these things and correctly interpret them, what does that actual interface even look like? Access the notes in this proprietary software, download all the available pdfs from the court file, review all the entered data, review the judgment, search for associated cases that may have altered the damages award, and determine if the principal and interest figures reflect the amount that is in fact legally collectible-- none of these systems are set up to do any of this. Even if my software was integrated, it would violate the TOS for the statewide court database to have any automated script sending requests to it.

The second part involves reviewing claims, drafting petitions and filing them. These fall mostly into the realm of either A) so routine and similar to each other that I don't even need AI, a simple fillable PDF already makes this easy, or B) complicated for reasons that would require data trawling similar to what was problematic above. A landlord already got a judgment for these same damages in another case (surprisingly common!). This promissory note would be out of statute of limitations except that voluntary payments were made 3 years ago so do the notes indicate the payments acknowledged an obligation to pay the full remaining balance? It may come down to listening to a recorded phone call and reviewing handwritten bank employee notes, and again if you're wrong and sue on a SOL-expired debt you can be sued!

On top of that, there's a legal standard which requires "meaningful attorney involvement" on every one of these actions, and the most popular way to catch somebody violating this is to examine the number of filings they made over a span of time. In one case a violation was proven because the math worked out to each case being filed in less than one minute. Being that efficient would currently be deemed professional misconduct, and if done on behalf of a bank it probably get you sued by the CFPB!

D. F. Linton's avatar

It seems likely that some of the problems that models have with decimal numbers is that they are used in at least two conflicting contexts: first as fixed point numbers in text, eg 3.14 and second as labels in ordered lists 3.9, 3.10, 3.11, etc. This probably begets confusion.

46 more comments...

No posts

Ready for more?