thegasman
Yes, visceral content has high engagement. But is this really new information?
How can you recommend content regulation without exacerbating the problem?
True, but you're assuming that the process and the merits are totally distinct (in fact, my own comment reads that way ;]).
But, as another commenter noted, processes themselves can influence merits (e.g. missing a filing deadline, or enforcing discovery requests).
I don't believe that moving #4 (or even #5) earlier in the process maximizes the possibility of a logically/legally sound conclusion, which IMO, is the purpose of the justice system. Then again, your comment has identified speed as a priority, not a thorough examination of the merits.
If the procedural rules don't offend you, then we might just be talking about expensive lawyers. Not all lawyers are expensive.
I see at least one flaw, though: what if the two sides disagree about the amount of money that should be contributed to the fund?
I agree, but I think we can be more specific.
Criminals (or those accused of a crime) are constitutionally guaranteed an attorney. Civil plaintiffs/defendants, by contrast, have no such right. The anecdotes and experiences of HN users overwhelmingly describe the civil side of things.
Civil lawsuits, IMO, should carry no guarantee of counsel at the constitutional level. Imagine if they did: free lawyers mean frivolous lawsuits and over-burdened courts. But, I don't think anyone is actually clamoring for such an arrangement.
So, specifically, how can we more efficiently allocate limited legal resources to ensure that the average civil litigant is not disadvantaged by a wealth disparity with his opponent?
Well, what's the perceived disadvantage to a resource-poor litigant? What's the perceived advantage to a resource-rich litigant? Good facts make good cases much more frequently than good lawyers make good cases.
That's quite broad
They just can't vote.
Beyond the contractual method of handling attorneys fees, civil procedure rules deal with this situation: if a settlement offer of X is rejected, and the rejecting party ultimately wins an award of X-1, then they have to pay all of your legal fees. [0]
All lawsuits are different, and simply being named as a defendant does not trigger any enormous payments beyond a lawyer's retainer. I suppose huge cases can call for such a retainer, but those surely are exceptional.
http://techcrunch.com/2014/03/21/lawyer-disrupt-thyself/
I don't think they're fictions insofar as lawyers (and laws) command a unique place in our society that other industry inputs don't. Insofar as lawyers have the ability and the incentive to prevent sweeping changes to their industry, the guild mentality seems very real to me.
I take your point though: smaller firms are very willing to make technology changes to find themselves new competitive advantages. Here's hoping smaller firms like yours (and mine) keep nipping away at those monstrous firms =D. FWIW, I have not had positive experiences when dealing with them...
We do some litigation, but in our small town it typically doesn't require extensive electronic discovery or document analysis that this post talks about.
Clients are already lapping up automated legal services (wills, contracts, etc.). But I don't think they're willing to accept a judgment from an opaque black box. Indeed, the cost to receive a judgment does tangentially involve some automatable processes, and those costs will come down as our computers get smarter.
To extrapolate a bit: as long as humans are determining legal outcomes, there will be human advocates. There will be human judges for as long as we have a Constitution.
As for the know-how: Processing and comprehending legal texts does not seem to be an insurmountable technological task. However, the breadth of legal practice areas (family law, IP, criminal law, administrative law, etc.), and how these several areas often overlap to influence our daily lives seems a much more complex task.
As for the human element: legal problems are frequently extremely personal and require an empathetic response. This is so at the lawyer-client level, as well as the lawyer-lawyer level. After all, most legal issues require navigating complex relationships between humans, or groups of them. I don't think our society is ready for automated justice at this point. My clients certainly aren't.
So, it seems the human component isn't immediately threatened by AI, while the technical know-how might benefit those with deeper pockets and access to the "better" AI. Practically speaking though, the deep pocketed clients already have armies of lawyers at their disposal. With that in mind, the technical advances are likely to benefit smaller practitioners and clients (like me) who have limited resources.
I fully expect to be practicing law in 2030. If all the lawyer jobs are fully automated by then, I'll have MUCH more to worry about.
This stance, and your criticism of it, miss the mark. In my view, legitimizing private gun ownership should not be based on whose are bigger, or "who would win in a fight" arguments. Instead, private gun ownership is a simple question of property rights. I see private gun ownership having much more to do with the right for you to defend your private property. In this context, I'm in favor of private gun rights, even if taken as a symbolic gesture to the importance of private property.