Page 16 - CLT120919

16 ¦ DECEMBER 9, 2019 NEWS

¦ From HOW LEGAL on PAGE 15 Regulation included a “right to be
of records from one jurisdiction to forgotten” and to have personal
another, and in the ease of access- data erased, which, although court
ing those records. Some state and records are exempt, might affect
municipal courts also purge records certain kinds of personal data-gath-
after a period.
“Connecticut is the Mercedes of ering in the European Economic
Community.
court data sets,” Unwin said, be- There is also the problem of al-
cause there are only eight counties
and all are online “but the court sys- gorithmic bias, which is when a
machine learning or deep learning
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in Orange County, California where only the law
firm and not the attorney is listed on a case,” said A Numbers-Supported Rationale
Josh Blandi, CEO and co-founder of UniCourt. While using data analytics and predictive model-
ing doesn’t assure a positive outcome in litigation,
“In Ohio, it’s difficult to get information on spe- it at least provides law departments and their out-
cific attorneys,” he said. And an issue with PACER, side counsel with a strategic rationale, providers
the federal court system case tracker, is that “if an said.
attorney moves from one firm to another, it allows “No one can guarantee the outcome of litigation,
her to update her profile and apply it to all cases, or a but when the CEO is chewing you out for losing a
time period, which can skew the analytics by giving nuclear verdict, at least you can say that this lawyer
credit on old matters to the new firm instead of the had 32 straight wins,” Unwin said.
original one.” “We are treating the business of law like we deal
with every other business, every other part of the
More significantly, settlements, which are 95% of
97% of cases, are often confidential.
A global trend toward privacy rights, while not business world is steeped in data and data-driven
currently affecting public records such as court decisions,” said Liberty Mutual’s Hart.
documents in the U.S. or in most countries, could “Up till now, lawyers have been able to say this is
theoretically throw a crimp into future development different, this is legal. Lawyers and paralegals need
and expansion of certain kinds of legal predictive to adapt to using these tools in order to compete.
analytics. In 15 or 20 years, I don’t think it will be possible to
For example, France has enacted a new law ban- practice law without using these tools,” he said. ¦
ning publication of statistics about judges’ decisions
with a maximum prison sentence of five years for MP McQueen is editor-at-large, and can be
a violation. In Europe, the General Data Protection reached at [email protected]

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