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Saturday, March 05, 2011

Law - Another concern for prospective big-law 1st year associates? And others too?

"Armies of Expensive Lawyers, Replaced by Cheaper Software" is the headline to this NY Times story by John Markoff. Some quotes:

“From a legal staffing viewpoint, it means that a lot of people who used to be allocated to conduct document review are no longer able to be billed out,” said Bill Herr, who as a lawyer at a major chemical company used to muster auditoriums of lawyers to read documents for weeks on end. “People get bored, people get headaches. Computers don’t.” * * *

Software is also making its way into tasks that were the exclusive province of human decision makers, like loan and mortgage officers and tax accountants.

These new forms of automation have renewed the debate over the economic consequences of technological progress.

David H. Autor, an economics professor at the Massachusetts Institute of Technology, says the United States economy is being “hollowed out.” New jobs, he says, are coming at the bottom of the economic pyramid, jobs in the middle are being lost to automation and outsourcing, and now job growth at the top is slowing because of automation.

Here is more from the lengthy article; it may make you catch your breath:
E-discovery technologies generally fall into two broad categories that can be described as “linguistic” and “sociological.”

The most basic linguistic approach uses specific search words to find and sort relevant documents. More advanced programs filter documents through a large web of word and phrase definitions. A user who types “dog” will also find documents that mention “man’s best friend” and even the notion of a “walk.”

The sociological approach adds an inferential layer of analysis, mimicking the deductive powers of a human Sherlock Holmes. Engineers and linguists at Cataphora, an information-sifting company based in Silicon Valley, have their software mine documents for the activities and interactions of people — who did what when, and who talks to whom. The software seeks to visualize chains of events. It identifies discussions that might have taken place across e-mail, instant messages and telephone calls.

Then the computer pounces, so to speak, capturing “digital anomalies” that white-collar criminals often create in trying to hide their activities.

For example, it finds “call me” moments — those incidents when an employee decides to hide a particular action by having a private conversation. This usually involves switching media, perhaps from an e-mail conversation to instant messaging, telephone or even a face-to-face encounter.

“It doesn’t use keywords at all,” said Elizabeth Charnock, Cataphora’s founder. “But it’s a means of showing who leaked information, who’s influential in the organization or when a sensitive document like an S.E.C. filing is being edited an unusual number of times, or an unusual number of ways, by an unusual type or number of people.”

There is much more.

In a side-bar: Play Rock-Paper-Scissors against a computer. The article notes:

A truly random game of rock-paper-scissors would result in a statistical tie with each player winning, tying and losing one-third of the time. However, people are not truly random and thus can be studied and analyzed. While this computer won't win all rounds, over time it can exploit a person's tendencies and patterns to gain an advantage over its opponent.

Posted by Marcia Oddi on March 5, 2011 01:03 PM
Posted to General Law Related