Page 9 - Delaware Lawyer -Spring 2021

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search efficiency. The introduction of Natural Language searching means that researchers just enter keywords, a phrase or even a sentence, and the AI algorithms built into these platforms will do their best to return results that match what that attorney was thinking. No more complicated Boolean search strings required! Except that what you were thinking and what the algorithm is thinking may not be the same. Terms that are too broad may yield too many results. Enter something too narrow or niche, and there may be too few results to be helpful. Natural language puts the algorithm rather than the researcher in control of the search, and how the al- gorithm actually works is proprietary.1
AI is not confined to that search box, but also powers many other tools and research platform enhancements. One task that has historically been giv- en to Summer Associates or first-year attorneys is to go through and research the law of each state on a particular top- ic — something along the lines of, “Is cyber bullying a separate crime in each of the 50 states?” This research project used to take weeks, as students and new
attorneys worked their way through the statutes and case law of each jurisdic- tion, compiling their own spreadsheet or chart of the results. But now, as the saying goes, “there’s an app for that.” Most research platforms feature some sort of 50-state survey or collection that has already compiled this informa- tion and is updated continuously, so what used to take weeks can now be wrapped up before your Keurig stops brewing. And if the research platform hasn’t yet addressed that particular top- ic in its existing surveys, there’s a good chance it also offers a tool that lets users create their own. Simply enter the jurisdiction, the practice area, some key terms, and a customized chart is gener- ated like magic. But one must have the right magic wand, as these enhance- ments and premium tools may not be available under every subscription plan.
Topic or focus pages now pull to- gether different types of databases, grouping them by practice area or subtopic to make it even easier to se- lect the one that suits the researcher’s needs. Or attorneys have the option to skip the anxiety of having to select a database altogether and instead use that main search box at the top of the page to search across all content, which is helpful when someone is new to a practice area or just isn’t sure exactly what’s out there on a particular topic. The downside of this convenience is that the researcher must invest time af- ter the search instead, refining results by type of resource (case law, news, law reviews), by jurisdiction, or by applying other filters to arrive at a manageable number of hits to review.
Research Platforms Become Information Analysts
Research systems are also working to expand their reach from simply pro- viding research information to becom- ing a critical component of the drafting process as well. For litigators, many sys-
tems now offer the ability to upload an attorney brief or memo. The system will review the citations contained in that document, returning suggested word changes as well as indicating wheth- er those citations are still good law. Transactional attorneys can find similar tools that will compare their contract, agreement or other document against samples or actual deal documents in the system. A report is generated that goes clause by clause, indicating which ones in the uploaded document match stan- dardized language used in many other similar documents and suggesting edits to bring it more in line with industry standards. The uploaded documents are not stored in the system (to protect work product and confidentiality), but these premium enhancements may also come with a premium price.
Research platforms are no longer simply information providers but are rebranding themselves as informa- tion analysts. Most research systems offer some type of litigation analytics that allows them to leverage informa- tion they already have in their system to help attorneys make predictions about what might happen in their own cases. Attorneys can enter the name of a judge, opposing counsel, experts, or a company name and receive data pulled from dockets, court filings, EDGAR filings and other databases that is correlated and organized into report form. Researchers can now get a sense of how long a particular judge typically takes to issue a ruling in a cer- tain type of case. Or see how opposing counsel has fared in defending against a specific type of motion in a selected jurisdiction. Or how often a company has faced products liability suits in fed- eral courts and which firms typically provide representation for these mat- ters. Attorneys can harness this data to advise clients about how long a case may take to reach disposition or use it to make business development plans
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