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Once We Had the Law and Reasoning, Now We Have the Data and AI?

By Kevin O'Keefe on September 16, 2024
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AI companies of every kind are looking for data for information and to guide their AI “decision” making process.

This includes legal research and AI solutions envisioned to be used by lawyers, legal academics and the judiciary.

OpenAI, which runs ChatGPT, scrapes the Internet to get a corpus, a metaphysical body, or a collection, of data to train its AI solution. The corpus is the material the AI reviews to become “intelligent.”

Legal research and AI companies scrape the Internet, the law and legal publications to get their corpus. Code, constitutions, regulations, treatises, law reviews, restatements of the law, legal blogs and more.

There’s a question as to what is cited today. Legal citations have always been a prerequisite in the law.

Using ChatGPT, I see citations, and their accompanying links, to a some of the information it shares, but they are few and far between.

Not doing legal research on legal AI platforms, I am not sure what type of citations they use when you may run a document, brief or question through it for feedback. Assuming this is one way which legal AI solutions work.

Got me to thinking whether data will become more important than the law at some point – at two levels.

One, the data is needed to accelerate the way we practice law and adjudicate today. AI gets legal professionals more information and insight, and at lightening speed, as compared to personal research by browsing and search.

Second, is it possible AI will tell us at some point the answer, itself, by virtue of its corpus of the law? Tell lawyers what to write and say? Tell judges what to decide?

All from “data” rather than the law and reasoning, as we know it.

Photo of Kevin O'Keefe Kevin O'Keefe

I am a trial lawyer, turned legal tech entrepreneur, now leading the largest community of legal publishers in the world at LexBlog, Inc.

I am a lawyer of 39 years. Wanting to be a lawyer since I was a kid, I have loved…

I am a trial lawyer, turned legal tech entrepreneur, now leading the largest community of legal publishers in the world at LexBlog, Inc.

I am a lawyer of 39 years. Wanting to be a lawyer since I was a kid, I have loved almost every minute of it.

I practiced as a trial lawyer in rural Wisconsin for 17 years, representing plaintiffs, whether they were injury victims and their family members or small businesses.

In the mid-nineties, I discovered the Internet in the form of AOL. I began helping people by answering questions on AOL message boards and leading AOL’s legal community.

I later started my own listservs and message boards to help people on personal injury, medical malpractice, workers compensation and plaintiff’s employment law matters. Though we were green to technology and the Internet, USA Today said if my firm “didn’t stop what we were doing, we would give lawyers a good name.”

In 1999, I closed my law firm and we moved, as a family of seven, to Seattle to start my first company. Prairielaw.com was a virtual law community of people helping people, a sort of AOL on the law, featuring message boards, articles, chats, listervs and ask-a-lawyer.

Prairielaw.com was sold to LexisNexis, where it was incorporated into Martindale-Hubbell’s lawyers.com.

After a stint as VP of Business Development at LexisNexis, I founded LexBlog out of my garage in 2004 (no affiliation with LexisNexis).

Knowing lawyers get their best work from relationships and a strong word of mouth reputation, and not promoting themselves, I saw blogging as a perfect way for lawyers to build relationships and a reputation.

When I could not find someone to help me with my own blog, I started a company to provide what I needed. Strategy, professional design, platform, coaching, SEO, marketing and free ongoing support.

As a result of the outstanding work of my team of twenty and my blogging, the LexBlog community has grown to a community of over 30,000 legal professionals, world-wide.

Publishing my blog, Real Lawyers, now in its 18th year, I share information, news, and commentary to help legal professionals looking to network online, whether it be via blogging or other social media.

Blogging also enables me to think through my ideas – out loud and in an engaging fashion.

In addition to my blog, I liberally share others’ insight on Twitter. Feel free to engage me there as well on LinkedIn and Facebook.

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