Machine-Generated Legal Documents

The proposed research centers on the thesis that machine-generated first draft documents can and will be widely applied to legal work product traditionally viewed as bespoke and therefore reserved for attorneys. This is based on the view that most legal writing tasks can be decomposed into subtasks that fit into one of two categories: (1) creativity- and judgment-driven writing and (2) mechanical writing. The first category generally requires human-level intelligence to balance numerous factors and disparate context to shape writing strategy and language choice, and thus should be left for the attorney. The second category, however, is often ripe for automation.

An initial step in validating these ideas will be to perform surveys of practicing attorneys in a broad range of practice areas. These surveys will help determine the most common attorney-written documents in each practice area as well as which documents may be potential candidates for partial automation. Depending on the results, some or all of the identified documents may be further analyzed to estimate the technical feasibility of automation, and what specific input might be used and what output could be expected. Illustrative case studies may be included to demonstrate feasibility.

Project Phases

PHASE ZERO: Recruit stellar team to join the project

Specific skills needed:
  • Diverse legal doc automation perspectives
  • Legal market insight and research
  • Expertise designing surveys
  • Expertise administering surveys
  • Data analysis and presentation
PHASE ONE: Design and administer attorney survey

  • Survey Goals. 
    • Identify legal document types that are good technical candidates for automation using core technology that exists today.
      • For each document type, obtain estimation of percentages of content (e.g., based on word count, paragraphs, etc.) are made up of bespoke writing, mechanical writing, and canned text.
    • Collect enough information about each document type to:
      • Estimate value of automating the document, based on: 
        • Fraction of document that can be automated versus what’s left for an attorney, 
        • Average number of attorney hours traditionally involved with preparation of entire document as well as attorney hours traditionally involved with automatable portions of the document (i.e., mechanical writing and canned text)
        • Document volume (e.g., docs/atty/year), 
        • Market value of the document, 
        • Price pressure on market value of the document, and 
        • Other factors?
      • For mechanical writing content, learn what text is used as a basis.
      • For canned text, learn what is its source.
  • Survey Design.
    • Seek guidance from survey experts.
  • Survey Administration.
    • Partner with ABA and/or state bars for distribution list?
PHASE TWO: Analyze and report on the survey results
  • Analyze results to:
    • Estimate the feasibility of automation for the identified legal document types
      • Identify specific documents that are good technical candidates for automation
      • Identify specific technical candidates that are good product candidates
    • Recommend specific technologies suitable for automating different document types
      • For mechanical writing automation, determine what specific input might be used and what output could be expected for individual document types
  • Write many papers and articles

Project Leads

Project Advisors