P R E S E N T A T I O N T I T L E
Artificial Intelligence in Law:Facts, Futures & Risks
Michael Mills
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“Artificial intelligence is the study of how to make real computers act like the ones in the movies.”
Anon.
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“Artificial intelligence is the science and engineering of making intelligent machines.”
John McCarthy
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I t ’ s a l l about in fe rence
IF some fact or pattern of facts is observed… with some degree of accuracy and certainty
THEN we can say some other things are• X or Y• true / false• permitted / prohibited• prudent / risky• relevant / not• about A / about B… with some degree of confidence
AND we can explain why… with some degree of clarity
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In fe rence methods
• Logical inference — human experts, heuristics, explicit representation in rules & algorithms, deterministic, transparent
• Statistical inference — big data, machine learning (unsupervised, supervised, reinforcement), probabilistic, opaque
• Hybrid – combine logical + statistical
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Log ica l in fe rence
IF Company State of Organization = Delaware AND Entity Type = Corporation, THEN Applicable Law = Delaware Corporation Law
IF Company Headquarters = California, THEN Applicable Law = California Corporations Code
IF Applicable Law = DE-CL and Board of Directors < 6, THENE&O Policy Risk Level = Medium
IF Applicable Law = CA-CC, THEN E&O Policy Risk Level = High
IF No Company Subsidiary Organized in Kansas, THEN Kansas Tax Law = N/A
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“If a typical person can do a mental task with less than one second of thought, we can probably automate it using AI either now or in the near future.”
Andrew Ng, 2016
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What to do next?
Understand the tools
Don’t think about “AI” – find problems to be solved
Analyze ROI – though I is uncertain & R speculative
Start with the simple & obvious
Be prepared to fail – fail fast, move on
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A I comput ing power 2007 – 2015
0
10,000,000,000
20,000,000,000
30,000,000,000
40,000,000,000
50,000,000,000
60,000,000,000
70,000,000,000
80,000,000,000
90,000,000,000
100,000,000,000
CPU 2007 GPU 2008 CPU Cloud 2011 GPU Cloud 2015
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“We always overestimate the change that will occur in the next two years and underestimate the change that will occur in the next ten.”
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Ques t ions …
• What methods do you use now to evaluate & assure the quality of human processes & work product?
• How will you evaluate & assure the quality of AI-augmented processes & work product?
• Like humans, technology makes mistakes.– More than is so with humans, with technology the mistakes
are measurable, predictable, and transparent.– What level of error is acceptable?– Who decides? Client or firm? Case-by-case? Firm standard?– What is the standard of care?
• What must/should you disclose to clients about the firm’s use of AI?
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More ques t ions …
• What must/should you disclose to the firm’s professional liability insurers?
• When a technology makes mistakes that fall below the standard of care, who is liable?– Must the firm insure specifically against this sort of liability?– Does disclosure to and consent of the client suffice?
• Can a technology provider be deemed engaged in the practice of law?
• How will you account for the costs & benefits of AI-improved processes?
• What impact will they have on pricing and billing models?• What impact will they have on performance
measurement and compensation models?
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