Big story in the New Times this weekend WAS about how computers are being used to review discovery responses in cumbersome litigation. The thrust of the article was that computers are cheaper than a team of lawyers. How computers never get tired, sick, bored, depressed or lazy. Well ,all of those reasons are noteworthy and compelling....But let's not forget one thing. Litigation is really about "human" blood and sweat and hard work(not shortcuts). Can you program the computer to go with a hunch, to recall a conversation with defense counsel. Can computers sniff out a "missing document", a deceitful adversary? Can a computer replace your 25 years "in the trenches" and your life experiences? I think not!
I would be nervous as hell entrusting the case of a lifetime to my computer. What happens if the computer malfunctions, wasn't prograamed properly or the software doesn't work. What then? Who will catch that ? Will your malpractice carrier cover"computer negligence"?
Next thing you know we'll have a scene out of the Jetsons ". Robot attorneys, robot Judge and a jury replaced by a computer. Is that the direction we're heading?
Your thoughts?
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