Thursday, March 15, 2012

"Rise of the Machines: New Technology May Spell the End for NYC’s Bottom-Rung Lawyers"

From New York Magazine's Daily Intel:
It's probably not exactly what Shakespeare had in mind, but new technology is threatening to put New York's growing subclass of mercenary drudge work lawyers out to pasture.

The Southern District of New York recently became the nation's first federal court to explicitly approve the use of predictive coding, a computer-assisted document review that turns much of the legal grunt work currently done by underemployed attorneys over to the machines. Last month, U.S. Magistrate Judge Andrew J. Peck endorsed a plan by the parties in Da Silva Moore v. Publicis Groupe — a sex discrimination case filed against the global communications agency by five former employees — to use predictive coding to review more than 3 million electronic documents in order to determine whether they should be produced in discovery, the process through which parties exchange relevant information before trial.

The task of combing through mountains of emails, spreadsheets, memos and other records in the discovery process currently falls on a legion of "contract attorneys" who jump from one project to another, employed by companies like Epiq Systems. Many are recent grads who are unable to find full-time employment, or lawyers laid off during the recent recession.

Scan. Point. Click. Repeat. That’s the job. Contract attorneys are paid by the hour to sit in front of a computer and review a mind-numbing sequence of uploaded documents. There are cramped, sunless rooms in law firms throughout the city, with rows of computers piled one on top of the other, and constant uncertainty as to how long each particular stretch of employment will last....MORE