Expert Systems in Law

Legal expert systems are an amazing concept, which can be very powerful in legal context.

Did you read my note that law is just a bunch of conditional statements in Three (3) reasons why learning to code can be really easy for lawyers? I listed these examples:

  • If this clause is applicable, then the party will be held liable and have to pay a fine.
  • If you want to build a house of these specs, then you will need building permit.
  • If your speed > 50km/h in a municipality, then you will get fined.

Here you go: three potential expert systems. Kind of.

What is the definition of a legal expert system?

Expert system is essentially a chain of if what – then what that leads to some meaningful result.

The expert system collects answers and choices from the users and based on them, selects next steps, until you arrive where you wanted to go.

You may also have heard the term decision tree before. Or something like this:

That is called a block diagram, the logic of the expert system.

What is the process of building a legal expert system?

This would require a much longer post, but in a nutshell, you would go about that in the following way:

What is your goal?

You need to first be very, extremely clear as to what is your goal. Is an expert system really the best solution? You may want to look at legal design and start your challenge with a clean slate.

What is included and what isn’t?

If you are convinced (based on thorough user research) that an expert system is the answer, define and scope your challenge. What is included in your expert system? What isn’t?

Get your info and sort it well

Next outline your answers, what are the possibilities that your user can end up with.

Then create a block diagram with a database of questions and answers (your tree of answers, if you are doing the answers yourself). This will differ if you are using machine learning – but if you are, you probably already know or have someone that knows what they are doing.

Be very mindful of the language, the sentences and choices you use. We all have our inherent biases and narratives that influence the way we look at the world. Building an expert system has its own ethical implications, which we should be mindful of as designers.

Then test these answers and questions before you even think of building anything. I mean it. Write them on cards. Play robot with your users, if you have the option. Just test it first.

Design your interface

Next up, is building and iterating technically. Make sure that you track and measure the outcomes. The choice of interface will depend upon your users’ preferences and the technical solution you select for this task (see below).

Building an expert system is a project that calls for a good project manager. Check out my tips on how to become a good one.

What are some of the possible applications and examples?

A good example is the British Columbia Civil Resolution Tribunal Solutions Explorer. Here, the person with a legal problem can click through an expert system that helps them out with whether the CRT can hear their claim, different templates for solution, and more broadly attempts to facilitate peaceful resolution of the issue.

Expert systems are also great for giving somewhat bespoke advice, adjusted for a specific case. Good example is Turbotax, a US system that helps you file your taxes.

What are legal expert systems not suitable for?

Expert system cannot be effectively used for solving issues that have a lot of ambiguity and grey zone.

If you cannot give clear directions, you should not make a map.

Just imagine it: you will click something for 10 minutes and at the end the machine will tell you: It depends. UGH!

Additionally, I would not use expert system for issues where you have a whole lot of tiny deviations. It is not that it cannot be done – but depending on the value of your work, it would probably result in (i) a total workload overkill in creating and maintaining the system or (ii) a lot of it depends as outlined above. Just think about cost/value, and decide if it is worth it.

Finally, watch out for legal profession and data protection regulations. In some countries, the conditions for what is considered a practice of law are much stricter than elsewhere. Plus think of the data you will collect and its safety. So please stay off trouble.

Are legal expert systems Artificial Intelligence (AI)?

Shortly said, it depends especially on who is feeding the flow and the answers to the machine.

If you have to write the tree down yourself and then hard write it into your program, and work on every iteration yourself, then no.

If your engine is using some form of machine learning to create additional answers and branches itself, then yes.

Your choice on whether you want to invest in having a machine learning engine in your expert system again depends on the value that your expert system provides.

What software can you use to build an expert system?

There are so many ways of doing this. The outline below is just a quick list and by no means exhaustive.

  • Easy and possibly messy – a set of websites connected via links, embedded forms
  • Using regular programming language – with essentially any programming language from python, lisp, C++… to Scratch (I won’t get into too much detail here, but if you are interested in beginning your coding journey, check out how to start)
  • With Enterprise stack – Microsoft Automate or some app in PowerApps or AWS
  • With no-code apps designed for legal usersBettyBlocks, Bryter, Josef, LegalOS (listed alphabetically, again, the choice depends on a whole lot of factors), and many others

At the end of the day, it depends always on your needs and wants, how serious you are about your bot, how much you know, how much you are willing to invest, and so on.

Final Remarks

Expert systems can be incredibly powerful resource, if designed mindfully.

Make sure that you take into account your users and their needs, and actively reflect on your biases and predispositions (ideally with someone from a different background).

Have you ever worked with an expert system in legal context?

Have you ever been furious at a rude or completely out of touch chatbot?

Do you think this is a good way how to ensure access to legal information?

Let me know in the comments!

-Attorney-at-Code

By Baru

Legal & Futures Designer and Educator

What do you think?

English

Discover more from Attorney@Code

Subscribe now to keep reading and get access to the full archive.

Continue reading