Technology. Toward Smarter Courts

• Author: Sean la Roque-Doherty
• Pages: 20-22

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VICTOR LI

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TECHNOLOGY

Toward Smarter Courts

Artificial intelligence has made great inroads—but not as far

as increasing access to civil justice

BY SEAN LA ROQUE-DOHERTY

When it comes to civil

law, arti cial intelli-

gence identi es suitable

jurors, speeds legal re-

search, predicts judicial outcomes, and

promises cheaper and faster electronic

discovery. These AI use cases are be-

coming table stakes in litigation support

software for law  rms and corporate

legal departments.

But when it comes to helping pro se

litigants navigate the complex and in-

timidating civil court structure, AI isn’t

helping them access court procedures

and legal documents.

According to the Legal Services

Corp., 86% of the civil legal needs

of low-income Americans received

inadequate or no aid. On average, close

to 50% of all cases  led in the U.S.

Courts of Appeals since 1995 were pro

se. In 2019, the National Center for

State Courts reported from anecdotal

data that 75% or more civil cases in

state and local courts have at least one

self-represented litigant.

These pro se litigants need detailed

information about their legal rights,

how courts work,  ling documents and

handling their cases. They are drain-

ing court resources already hampered

by  nancial constraints and manual

processes.

With AI using data to improve cus-

tomer experience in other industries—

from banking and retail to consumer

electronics and transportation—can it

enhance access to justice in civil court?

Existing AI

The NCSC identi es several AI technol-

ogies in civil courts that can enhance

courts’ access, including natural lan-

guage processing , machine learning and

chatbots . NLP is used to generate docu-

ments or get legal answers from guided

Illustration by Sara Wadford/ABA Journal

ABA JOURNAL | APRIL–MAY 2021

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