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ARMIES OF EXPENSIVE LAWYERS, REPLACED BY CHEAPER SOFTWARE
On March 4th, The New York Times reported that lawyers might want to start
watching their backs because new e-discovery software can analyze documents
in a fraction of the time for a fraction of the cost. Moreover, some of the
more advanced programs go beyond just finding documents with relevant terms
at computer speeds. They can extract relevant concepts and deduce patterns
of behavior that would have eluded lawyers examining millions of documents

Generally speaking, e-discovery technologies fall into two broad categories
- linguistic and sociological. Basic linguistic software uses specific
search words to find and sort relevant documents while more advanced
programs filter documents through a large web of word and phrase
definitions. Sociological programs, on the other hand, add an additional
inferential layer of analysis - think the deductive powers of a human
Sherlock Holmes. For instance, one of the newer types of sociological
software is able to mine documents for the activities and interactions of
people, focusing on who did what when, and who talked to whom. The software
visualizes these chains of events and identifies discussions that might have
taken place across e-mail, instant messages and telephone calls. Then, the
software captures "digital anomalies" that white-collar criminals often
create in trying to hide their activities. For example, it finds "call me"
moments - those incidents when an employee decides to hide a particular
action by having a private conversation. This usually involves switching
media, perhaps from an e-mail conversation to instant messaging, telephone
or even a face-to-face encounter. The software is also able to recognize the
sentiment in an e-mail message - whether a person is positive or negative,
or what the company calls "loud talking" - unusual emphasis that might give
hints that a document is about a stressful situation. Finally, the software
can also detect subtle changes in the style of an e-mail communication.
Here, a shift in an author's e-mail style, from breezy to unusually formal,
can raise a red flag about illegal activity. Undoubtedly, the employment
impact of these new technologies will result in fewer lawyers.

Mike Lynch, the founder of Autonomy, estimated that the shift from manual to
automated document discovery would lead to a manpower reduction in which one
lawyer would suffice for work that once required 500 and that the newest
generation of software, which can detect duplicates and find clusters of
important documents on a particular topic, could cut the head count by
another 50 percent. A copy of the story may be found at
http://www.nytimes.com/2011/03/05/science/05legal.html

BYTES IN BRIEF: APRIL 2011

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