Tech or no tech? There is NO question. Lawyers cannot afford not to resort to new technological tools

Tuesday 25 July 2023

León Weinstok

BLP, San José

lweinstok@blplegal.com

Conference report

Biennial IBA Latin American Regional Forum Conference: Technology, social media and artificial intelligence: challenges for the legal industry in the digital age

23 March 2023

Breakout session 5

Session Co-Chairs

Benjamin Grebe Prieto Abogados, Santiago; Co-Chair, IBA Latin American Regional Forum

Juan Manuel Mercant Guyer & Regules, Montevideo; Senior Vice Chair, IBA Latin American Regional Forum

Speakers

Juliana Abrusio Machado Meyer Advogados, São Paulo

Shannon Capone Kirk Ropes & Gray, Boston, MA

Ignacio Londoño Garrigues, Bogota

Juan Mendez Simpson Thacher & Bartlett, New York City, NY

Meg Strickler Conaway & Strickler, Atlanta, GA

The legal profession cannot afford to overlook the importance of leveraging new technological tools. While machines are unlikely to replace lawyers entirely, technology has the potential to simplify certain aspects of law. The panel shared the experiences and perspectives of legal professionals who have adopted technology in their work, highlighting the advantages and challenges associated with its implementation.

Juliana Abrusio shared her positive experience with Kira Systems, an artificial intelligence tool that helps identify risks and opportunities within a large volume of documents. By providing a more comprehensive analysis, Kira enables her firm to process documents efficiently and obtain reliable information. The implementation of Kira did require a significant investment in training the tool for Portuguese over a period of approximately three years. The benefits of the new system include more competitive pricing, allowing lawyers to focus on strategic tasks, and gaining a competitive advantage. It is important to note that Kira, like any other system, cannot entirely replace human lawyers as they retain the ultimate decision-making authority. Cost and limitations such as the inability to analyse blocked documents and the language barrier are some of the drawbacks of using Kira or similar systems.

Shannon Capone emphasised how technology has transformed the time-consuming process of document review. With the aid of technology, important aspects of documents can be identified more rapidly, enhancing responsiveness. Additionally, technology has the potential to reduce the number of staff required to review documents. The discovery phase, which often accounts for a significant portion of a case’s budget (approximately 80 per cent), can be made more cost-effective through the use of predictive coding. However, it is essential to code the system correctly to avoid potential biases. While technology-enabled document review may surpass human review in efficiency, there is room for further advancement and the development of more sophisticated tools.

Ignacio Londoño highlighted the efforts made by law firms to implement new technologies and increase their competitiveness. He acknowledges the benefits of tools such as legal writing assistance and databases in firms such as Garrigues. However, the critical question is how to use these tools effectively. For him, it is important to have personnel who are familiar with and capable of maximising the potential of these tools. For more experienced lawyers, the cost-effectiveness of investing time in learning these tools may be debatable. Nevertheless, embracing technology is not a future need but a current necessity in the legal profession.

The legal profession must recognise the significance of integrating technology into its practices. While machines are unlikely to replace lawyers entirely, technological tools can simplify legal processes, enhance efficiency, and improve competitiveness. The experiences shared by legal professionals emphasise the advantages and challenges associated with implementing these tools. They highlight the need for careful consideration, training, and the continued development of sophisticated technologies in the legal field.