Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Posts Tagged ‘artificial intelligence

Covid 19 and the English Legal System (12): impact on legal practitioners

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One impact of Covid 19 has been the exponential rise in the numbers of legal professionals who are currently working full-time from home. An obvious question is what will be the long-term impact of this development? When the pandemic is under control, will lawyers go back to their offices, as before? Or will there be a ‘new normal’ in which legal professionals will increasingly work from home, making only infrequent visits to their offices?

Roger Smith, who has for a number of years been writing on the impact of new technologies on the provision of legal services, has just published a really interesting blog of what he regards as some of the key developments. He looks not only at what has happened in the UK but draws on reports of developments in other jurisdictions.

For the short term, his conclusion is that, in general, legal service providers have adapted pretty quickly to the new environment – large corporate firms possibly more quickly than less well-funded practices.

One question for the future that he raises is what changes in management styles and management information systems will be required if high percentages of staff continue to operate from home.

See https://law-tech-a2j.org/digital-strategy/covid-19-technology-and-the-access-to-justice-sector-the-first-phase-remote-working/

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Written by lwtmp

July 13, 2020 at 3:37 pm

Lawtech: support for innovation in the delivery of legal services

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I have recently posted a number of items relating to the application of information technologies in the delivery of legal services.

Another source of information and support for the development of technology in the delivery of legal services may be found at Lawtech – part of a range of initiatives that have been formed under the overall Tech Nation label. (Other activities of Tech Nation relate to, for example, the finance sector, AI, cybersecurity, the net zero economy.)

The objective of the organisation is to support new companies wanting to develop new services in the areas covered by Tech Nation. Considerable innovation has occurred in recent years in the ways in which financial services are delivered. The challenge is to see how the provision of legal services can similarly be transformed.

The Technation website states:

The legal and tech community have the opportunity and responsibility to restructure and reinvent legal services, to meet and exceed the evolving demands of business and society, in our digital world.

LawtechUK is an initiative that will help transform the UK legal sector through tech

This work is supported by a Lawtech Delivery Panel (LTDP), chaired by Christina Blacklaws, a former President of the Law Society.

This is a government-backed initiative bringing together legal sector leaders and experts from government, the judiciary, academia and industry in a single forum, to support the digital transformation of the UK legal sector. The LTDP act as an important advisory board to LawtechUK

An introduction to LawTech may be found at https://technation.io/lawtechuk/

Law tech companies that have been supported through Tech Nation are listed at https://technation.io/lawtechdatacommons/lawtech-startups-and-scaleups/

Further impetus for these developments has been given by an important report published by the Law Society in October 2019 on the importance for law firms of Law Tech. In particular, it offers encouragment to solicitors in small firms and sole practitioners to take Lawtech seriously.

The Law Society Report may be downloaded at https://www.lawsociety.org.uk/campaigns/lawtech/guides/introduction-to-lawtech

 

 

 

Practitioners and academics: new alliances

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In my book Introduction to the English Legal System, I argue that legal academics play an important role in the development of our understanding of the law and that their role should be given more recognition than it sometimes has had in the past. (See Chapter 9, section 9.10).

Recently, however, my interest has been stimulated by stories in the professional legal press concerning a rather different collaboration between the world of legal practice and the academic world.

A number of firms, particularly those engaged in personal injury litigation, have been working with academic statisticians  and ‘decision scientists’ to try to understand what are the variables that are in play when litigation is under consideration and thus trying to understand better the risks of taking particular cases on and to predict better the potential outcome of issues that are being litigated. This may help practitioners to decide whether a case should settle, or be fought through to trial.

The firms concerned think this may be beneficial both for small value large volume groups of claims, as well as high value claims. One finding that has emerged from this work is that the models that are being used  suggest that the upper level of the Judicial College Guidelines on damages for different types of injury is almost irrelevant in most cases.

It is possible that this approach might also be used by the Courts and Tribunals service to analyse cases that pass through the courts. It might help, for example, in making determinations on which cases might be suitable for the small claims track or the fast track in the allocation of civil disputes in the county court – a possibility hinted at by Sir Ernest Ryder in a recent speech where he said:

Digitisation will, if we are sensible, provide us with the opportunity to gather data on the operation of our justice systems in ways that we have often been unable to before. It provides us with the opportunity to make our justice systems more adaptive; but again, only after proper scrutiny and discussion.

It seems to me that these initiatives will grow in number in the near future. What will be needed is proper evaluation of these tools to see whether they do in fact assist in both legal and judicial practice, and how they might be developed.

For press reports on these initiatives see https://www.legalfutures.co.uk/latest-news/hodge-jones-allen-embraces-predictive-modelling-pi-work; and https://www.legalfutures.co.uk/latest-news/leading-law-firm-joins-forces-lse-professors-find-ways-predict-litigation.

Sir Ernest Ryder’s speech is at https://www.judiciary.gov.uk/wp-content/uploads/2018/02/ryder-spt-open-justice-luxembourg-feb-2018.pdf