Index
AACER, 338
Above the Law, 33
ABS (alternative business structures), 24
access to justice, See also legal aid, See also legal help on the Internet, See also Michigan courts, See also unrepresented persons in virtual hearings
barriers to, 308
COVID-19 as needed disruption for,
legal tech and, 24
online dispute resolution, 286
online dispute resolution and, 37,
traditional, 293
accessibility. See fairness/satisfaction, See plaintiff-defendant balance, See remote testimonial fact-finding
advice clinics, 375
affirmative defenses, online dispute resolution and, 267
Ahrefs, 215
Airbnb,
analog stage of legal profession, 352
analogical reasoning algorithms, 171
antitrust issues, LegalZoom and, 39
appearances, what constitutes for court,
artificial intelligence (AI). See also natural language processing (NLP), See also specific technologies
cementing of previous patterns, 168
and commercial sensitivity, 61
creates new tasks for humans, 50
and empathy, 54
human capital challenges, 52
impacts of,
for litigants, 349
machine learning,
reasoning by analogy, 166
training, 49
value lock-in, 169
Ashley, Kevin, 159
Atticus Project, 89
attorney’s screening and selection decisions, and outcome prediction, 165
Avvo, 41
Bag-of-Words (BoW) model,
benchmark data, ,
BERT, 78
BigLaw and in-house counsel. See also convergence between BigLaw and PeopleLaw
cost-cutting by, 34
defined, 25
legal tech in,
overview,
regulation of legal services and,
black-box lawyers, 299
Bloomberg Law, 162
Blue J. Tax, 162
body language, 241,
brief advice services, 375
Building a 21st Century Digital Government directive, 311
bulk electronic case records,
business model integration
tensions, 52
business of law technology, 50
Cabell, James Branch, 349
Canadian real estate tax disputes, 159
cell phone issues, 243, See also remote testimonial fact-finding, See also unrepresented persons in virtual hearings
chatbots,
Chicago Lawyers: The Social Structure of the Bar, 46
civil disobedience, 283
Civil Justice Data Commons (CJDC), ,
civil justice gap, 155
Civil Resolution Tribunal (CRT), , 276
client security, and legal tech,
cloud computing, privacy, 354
cognitive depletion, 245
Colossus, , , 152
commercial sensitivity and artificial intelligence (AI), 61
common law system, harm caused by outcome prediction, 169
compensation, technology-resistant fields, 351
computational stage of legal profession, 353
Conference of Chief Justices, 308
confidentiality,
Conrad, Felicity, 36
Constitutional right to face accuser, 97
content moderation, preventative justice and, 281
continuous active learning (CAL), 115
contract analytics tools, 67
convergence between BigLaw and PeopleLaw. See also BigLaw and in-house counsel, See also PeopleLaw
meeting client needs and,
overview,
convergence in business models, 45
Cornell’s Legal Information Institute (LII), 217
The Cost Disease (Baumol and Bowen), 351
counseling quality, 299
court appearances, 41
court rules, reform of, 322
CourtQuant, 162
courtroom access through technology, 289
courts. See also data, See also Michigan courts, See also online dispute resolution (ODR), See also PACER, See also remote testimonial fact-finding
caseload growth, 355
common taxonomy between,
as debt collection forums,
decentralization of, 309
disruptive innovation and,
legal financial obligations, ,
legal tech in, 37
poverty and entanglement with,
technological competence, 362
unification, benefits of,
COVID-19
online hearings, 364
CRT (Civil Resolution Tribunal), , 276
culture of compliance, preventative justice as, , 283
data. See also training data
barriers to access, , 386
benchmark data, ,
bulk electronic case records,
Civil Justice Data Commons, ,
demographic data, , 387
input data, 79
lack of data about courts,
linkages for fuller data, , 381
machine-readable pleadings,
plaintiff-defendant balance and,
poisoning of,
practical obscurity of, 341
research and, 328
under-representation of datasets, 121
data analytics, access to legal documents, 350
data commons, ,
data poisoning,
dataset under-representation, 121
debt collection forums, courts as, , 368
default,
defenses, online dispute resolution and, 267
dehumanization and depersonalization concerns
non-verbal cues, 246
remote testimonial fact-finding and,
Dentons, 163
Denvir, Catrina, 205
design options, cost/benefit analysis of,
digital divide,
digital epidemiology, 206
digital literacy, 232
digital stage of legal profession, 352
digital technology
double-edged sword, 59
dignity harms, 168,
discovery. See also document review, See also technology-assisted review (TAR)
abuse of,
antitrust issues, 114
process overview,
proportionality requirement, ,
disruptive innovation,
Docket Alarm, 162
document segmentation issues,
document structure analysis,
DocuSign, 67
due diligence document review, 35
Duquesne University School of Law
Family Law Clinic, 163
eBay, 290
election information seeking, 222
Elevate, 52
Elisa B. v. Superior Court, 167
endogenous law, 170
Eviction Lab, 372
exhibits, remote hearings and, 243
expert witnesses, technology-assisted review and, 129
Expungement Generator, 163
face-to-face meetings prior to virtual interaction, 247
fairness/satisfaction. See also bias
lack of data about, 369
online dispute resolution and,
perception of, 327
poverty and,
representation and,
unrepresented persons in virtual hearings, 248
Family Law Clinic, Duquesne University School of Law, 163
Federal Judicial Center, website design guidance, 193
Federal Rules of Evidence (FRE), 128
fee-splitting,
Ferguson Police Department, 263
few-shot learning, 132
field studies, lab studies compared, 106
First Amendment, PACER access and, 342
Five Safes framework for data commons, 384
Fort Collins ODR system,
France, 360
gaze awareness, 241,
Georgia
resident attorneys, 156
German civil procedure, 129
global metrics obfuscation in TAR, 124
Google Analytics,
government funding,
GPT-3, 78,
gut instincts, trusting of, 105
Hadfield, Gillian, 157
have-nots
and online dispute resolution, 291
haves, and privilege, 291
Heinz, John, 30
hidden stratification,
hyper-personalization, 241
infodemiology, 206
infoveillance, 206
innovation, transformative nature of,
input data, 79
Integrated Database (IDB),
interactive forms, regulation of,
Internet access disparities,
JDW (Judicial Data Warehouse), 312
judges
Article III judges, 347
attitude of openness,
aversion to public scrutiny by, ,
caseloads, 356
data access and, 383
deception detection and, 100
guidance for website design, 182
and identity in filings,
MDL communication with litigants, 182
perception of unrepresented persons in virtual hearings,
procedural management and plaintiff-defendant balance,
pro-defendant actions by, 134
resistance to change by, ,
risk to life, 361
role in regulation of legal services, 22
salaries,
and technology,
technology-assisted review and, , ,
judicial activism concerns, 322
Judicial Data Warehouse (JDW), 312
Justia, 359
Justice for All Taskforce, ,
justice tech, 36
lab studies, field studies compared, 106
label manipulation in TAR, 124
Landscape of Civil Litigation study, 267
Laumann, Edward, 30
law firm revenues, by practice areas, 47
lawyers. See also unauthorized practice of law (UPL), See also websites for multidistrict litigation
ability to predict, 297
configure courts, 304
functions of, , , 299
incomes of,
models of prior cases, 297
monopoly by, , 39
numbers of, 25
perception of unrepresented persons in virtual hearings,
replication/obfuscation/translation versus representation, 301
as simple algorithms, 299
social production in virtual hearings,
societal cost/benefit of using,
translation function, 303
willing and able to offer representation at prices, 156
lawyers, categories of
BigLaw and in-house counsel,
generally, 25
legal aid,
PeopleLaw,
plaintiff’s side firms and settlement mills,
lay-to-legal-framing translation, 67
legal advice, regulation of legal services and,
legal advisory business model, 51
legal aid. See also access to justice, See also legal help on the internet
advice clinics, 375
allocation of representation, 374
legal tech in,
in Michigan, 313
regulation of legal services and, , 42
legal endogeneity,
legal financial obligations, ,
legal help on the Internet. See also specific sites
analytics about,
appropriateness of, 205
commercial sites, 203, ,
demand for,
intermediary sites,
jurisdiction and,
local public interest sites, traffic to, 218
Michigan Legal Help,
national public interest sites, traffic to,
need for research on, , ,
overview, ,
provider sites, 208,
reform strategies for, 224
research on, 202,
SEO tools, , 222
statewide legal help portals, traffic to, ,
trends in,
user preferences about,
Legal Information Institute (LII), 217
legal market, segmentation of,
legal ontology, 72,
legal operations business model, 51
legal practice, evolution,
legal profession, barriers to entry, 351
legal representation, benefits of, 296
legal tech, 49, See also specific technologies and issues
access to judicial materials, 365
access to legal documents, 350
barriers to adoption of, 326
BigLaw and in-house counsel and,
business model, 51
challenges,
constitutional considerations, 366
constraints,
defined, 73
deployment, 55
discretion and judgment, 365
ethics and, 354
finance,
fixed costs,
future of,
human capital,
legal aid and,
limits of, 35
opportunities,
practical value, 173
reasons for growth of,
security,
solo practitioners,
startups,
and translation of client needs,
legal tech provider
definition, 67
LegalZoom,
leveling of business models, 44
LexMachina, 162
lies, human ability to detect,
limited scope representation, 375
Lind, Alan,
litigants
and analytic tools, 365
asymmetry of legal sophistication, 362
autonomy in multi-district litigation,
explanation of options to, 299
selection of a lawyer, 295
trait obfuscation, 302
litigation as an arms race, 361
litigation of losers concept, 136,
litigation outcome prediction. See outcome prediction
defined, 157
inputs, 157
scholarship, 159
uncertainty of outputs, 157
Lynn , Judge Barbara, 164
machine learning
inability to reason by analogy, 166
MacKinnon, Catharine, 170
Martin, Peter W., 335
McKinsey & Co., 148
mediated communication theories, 239
Michigan courts
access to justice efforts before COVID-19,
COVID-19 as needed disruption for, ,
Justice for All Taskforce, ,
next steps for,
overview of,
survey done by,
Michigan Legal Help,
Michigan State Bar Foundation (MSBF), 313
MiCourt,
miscommunication, unrepresented persons in virtual hearings,
mistake detection,
Mitchell, Melanie, 166
mobile arraignment program, 324
Nadler, Jerrold, 335
National Open Data System (NODS),
natural language processing (NLP),
Bag-of-Words model,
benchmark data for,
defined, 75
document segmentation issues,
document structure analysis,
legal ontology and, 72,
limits of, 42
machine learning improvements and,
online dispute resolution and, 261
outcome prediction and, 75,
overview, , , 354
steps in, 77
top-down versus bottom-up, 75
training data for, 71, ,
next word prediction tasks, 78
NODS (National Open Data System),
Nolo, 221
non-verbal cues, , 241,
Obama, Barack, 311
ODR 1.0, 288
Office of Justice Programs report, 309
online dispute resolution (ODR), , See also simplicity hypothesis for ODR
architecture of,
criticism of, , 277,
data collection, 301
design requirements,
as disruptive innovator,
eBay, 290
education of litigants, 303
fairness issues,
fees for,
first generation,
flexibility, 302
harmony at the cost of rights, 274
as interest-based,
limited use of, 94
merits of case and,
in Michigan,
models of prior cases, 297
next generation,
next-gen version of, 284
ODR 1.0, 288
parties, unequal status of,
phases of,
preventative justice and, 257,
representation gap,
rights lost by use of, 277
structure, 298
online hearings, 364
Open Courts Act of 2021, 343
OpenAI and harmful biases, 171
outcome prediction. See also Walmart Suites
commercial applications, 161
and discovery of new claim types, 158
existential problem, 165
as force multiplier, 158
and lawyer identity as a predictor, 163
low- and middle-income litigants, 163
machine learning and, 74
online dispute resolution, 292,
option identification,
organizational fixes, 171
performance, 163
rapid advance areas, 163
research design flaws, 161
risk management, 158
scaling up, 166
tax-oriented products, 164
unintended consequences,
users, 171
Walmart Suites as, 136, ,
outlier claims
and outcome prediction, 168
outsourcing, 138
PACER
access to court data as principle,
alternative data sources to,
call to action,
democracy requiring open access, , 348
fee waivers for,
fees for, ,
funding for, 329
future of,
infrastructure improvements needed,
openness and,
overview of,
privacy concerns,
scholarship hindered by, 333,
unrealized potential of,
who uses,
patent litigation analytics, 162
pelvic mesh litigation, 179
PeopleLaw. See also convergence between BigLaw and PeopleLaw
accessibility, 53
augmented lawyering, 56
decline of, 46
defined, 25
legal tech constraints,
legal tech in, 52
overview,
regulation of legal services and,
UK deregulation,
Philadelphia, 163
plaintiff-defendant balance. See also online dispute resolution (ODR)
democratizing data and,
judicial procedural management and,
legal tech impact on, generally,
litigation of losers concept, 136,
overview,
precedent, impact on, 149
public option legal tech for, 153
substantive or procedural law changes and,
technology-assisted review and, 123, , ,
Walmart Suites and, 136, ,
plaintiffs and multidistrict litigation (MDL), 180
plaintiff’s side firms and settlement mills,
poor clients, and investment in R & D, 164
poverty,
practical obscurity of data, 341
precision and recall, 116,
prediction exercises, machine learning and, 74
predictive models, training, 158
preventative justice, online dispute resolution and, 257,
privacy concerns,
procedural skepticism, 262
proportionality requirement, ,
public health research, 206
public option legal tech, 153
public policy choices, impacts of, 228
queen, analogical example, 166
randomized control trials (RCT),
RECAP, 337
regulation of legal services. See also unauthorized practice of law (UPL)
BigLaw and in-house counsel,
fee-splitting and,
generally, 21
interactive forms,
judicial role in, 22
legal advice,
legal aid, , 42
PeopleLaw,
plaintiff’s side firms and settlement mills,
remote testimonial fact-finding. See also unrepresented persons in virtual hearings
audio only versus audiovisual feeds, 96,
background to,
dehumanization concerns,
evaluation research on needed,
as here to stay,
truth-detection and,
research. See also PACER
with court data, 370
on judicial data,
on legal help on the Internet, 202,
on multidistrict legislation,
need for,
data needs for, 328
randomized control trials,
field studies, lab studies compared, 106
on video-conference hearings, , 248
risk management, outcome prediction tools, 158
Rocket Lawyer, , 40
Rostain, Tanina, 172
Salesforce, 67
sample manipulation in TAR, 125
Sandefur, Rebecca L., 204
Schultze, Stephen, 341
security, and legal tech,
self-representation, frequency of, 312, See also access to justice, See also legal aid, See also unrepresented persons in virtual hearings
self-represented litigants, 158
settlement
Colossus and, ,
data availability about,
online dispute resolution and,
technology-assisted review and, 145
sexual harassment doctrine, 170
Shavitz, Gregg, 159
signal-to-noise ratio, 170
Similarweb,
Simmons & Simmons, 51
simplicity hypothesis for ODR
falseness of, 252
overview,
private enforcement and,
public enforcement and, , 281
transparency issues, 269
smartphone-dependent Internet users, 230, See also remote testimonial fact-finding, See also unrepresented persons in virtual hearings
Smartsettle, 272
social media platforms, 209
solidification of existing power by computers, 169
special masters, 128
stare decisis, and outcome prediction tools, 170
state courts, data management, 164
stereotypes, truth-detection and, 101
Stone, Harlan Fiske, 347
stopping point for TAR, 119
storefront legal clinics, 200
Susskind, Richard, 93
technological capital, 249
technology maintenance, 231
technology providers, unauthorized practice of law, 47
technology-assisted review (TAR)
abuse of, generally, ,
benchmark data for,
data poisoning,
dataset under-representation, 121
future of,
global metrics obfuscation, 124
hidden stratification,
history of,
judicial role in, , ,
label manipulation, 124
overview, ,
possible benefits of, 136
proportionality and,
recall and precision, 116
rule changes for,
safeguarding of,
sample manipulation, 125
technical systems to regulate,
validation stage,
techno-optimism, 172
Ten Steps to Better Case Management: A Guide for Multidistrict Litigation Transferee Court Clerks (JPML, FJC), 192
Thomson Reuters, 67
top-ranked sampling, 119
training data. See also technology-assisted review (TAR)
availability of,
natural language processing and, 71, ,
transparency issues
technology-assisted review,
trials, decreasing number of, 134
truth-detection,
Tyler, Tom R.,
US Sentencing Commission, 337
Uber, 252
UK deregulation
PeopleLaw,
unauthorized practice of law (UPL)
artificial intelligence and, 355
BigLaw and in-house counsel,
drafting documents and court appearances, 41
enforcement issues,
interactive forms and,
lawyers protected by,
legal aid,
PeopleLaw, 32
plaintiff’s side firms and settlement mills, 33
strength of prohibition against, 21
uncertainty sampling, 119
underrepresentation of datasets, 121
UnitedLex, 52
unmet legal needs. See also legal aid, See also legal help on the internet
civil, 155
increasing legal awareness to help with,
poor Americans, 24
reasons for,
unrepresented persons in virtual hearings. See also online dispute resolution (ODR), See also remote testimonial fact-finding
“doing” unrepresented status,
digital divide and,
overview,
perception and social construction of,
research on, , 248
social construction of, 228
social production of unrepresented persons, 228,
technological asymmetries for,
upper-body nonverbal cues, 241,
validation stage of TAR,
value lock-in, machine and deep learning methods, 169
verbal cues to deception, 100
Virtual Courtroom Directory,
virtual helpdesk, 325
voice assistants, 209
voting information seeking, 222
Walmart Suites, 136, ,
websites for multidistrict litigation, 176,
curation, 182
guidance for site content, 192
information to facilitate remote attendance, 188
intended audience, 191
jargon and legalese, 187
litigant-focused content, 186
recommendations for, 182
searchability and identifiability, 185
Timeliness, 189
Weizenbaum, Joseph, 169
Wellborn, Olin Guy, II, 102
Westlaw, 162
white Americans, 372
Why the Haves Come Out Ahead (Galanter), 149
Wilson Sonsini, 51
workflow automation platforms, 49
Yeazell, Stephen,
Open access