Canadian Lawyer

April 2017

The most widely read magazine for Canadian lawyers

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w w w . C A N A D I A N L a w y e r m a g . c o m A P R I L 2 0 1 7 3 E D I T O R ' S D E S K @canlawmag tim.wilbur@tr.com Director/Group Publisher: Karen Lorimer karen.lorimer@tr.com Managing Editor: Tim Wilbur tim.wilbur@tr.com Associate Editor: Mallory Hendry mallory.hendry@tr.com Copy Editor: Patricia Cancilla Art Director: Bill Hunter Production Co-ordinator: Catherine Giles catherine.giles@tr.com Contributors: Luis Millan, Shannon Kari, donalee Moulton, Mark Cardwell, Geoff Ellwand, Jean Sorensen, Marg. Bruineman, Mallory Hendry, Jim Middlemiss, Jennifer Brown, Elizabeth Raymer Canadian Lawyer is published 11 times a year by Thomson Reuters Canada Ltd. All rights reserved. Contents may not be reprinted without written permission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Canadian Lawyer disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. Sales and Business Development Business Development Consultant: Ivan Ivanovitch E-mail: ivan.ivanovitch@tr.com Tel: 416-887-4300 Client Development Manager: Grace So E-mail: grace.so@tr.com Tel: 416-903-4473 Account Manager: Kimberlee Pascoe E-mail: kimberlee.pascoe@tr.com Tel: 416-996-1739 Account Executive: Steffanie Munroe E-mail: steffanie.munroe@tr.com Tel: 416-315-5879 Canadian Lawyer Thomson Reuters Canada Ltd. One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON. M1T 3V4 Tel: (416) 298-5141 Fax: (416) 649-7870 E-mail: cl.editor@tr.com Web: canadianlawyermag.com Linkedin: linkedin.com/groups/4917423 Twitter: @canlawmag Facebook: facebook.com/CanLawMag Publications Mail Agreement #40766500 ISSN 0703-2129 © 2017 HST Registration #R121349799 RETURN UNDELIVERABLE CANADIAN ADDRESS TO: CIRCULATION DEPARTMENT One Corporate Plaza 2075 Kennedy RD., Toronto, ON. M1T 3V4 RETOURNER TOUTE CORRESPONDANCE NE POUVANT ÊTRE LIVRÉE AU CANADA AU SERVICE DES PUBLICATIONS One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON. M1T 3V4 Circulation/Address Changes/ Subscriptions Keith Fulford Tel: (416) 649-9585 Fax: (416) 649-7870 E-mail: keith.fulford@tr.com Subscription rates: Canada1 year print and digital $102 plus HST, 1 year digital only $99. Outside Canada 1 year print & digital $99 USD, 1 year digital only $99. For all circulation inquiries and address changes send a copy of your mailing label or labels along with your request in writing to Canadian Lawyer, One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON. M1T 3V4 hen we look back at 2017, will we describe it as an age of anxiety? It certainly feels that way at the moment. We have seen populist surges across the Western world driven by economic uncertainty and demographic shifts. A media cycle has gone beyond 24 hours to an onslaught of fake news and instant updates. In the legal profession, that anxiety is felt like everywhere else, and one of its symptoms is the fear that we will be replaced by robots. Document review that used to take an army of associates is done in seconds. Online DIY wills are getting smarter and more efficient all the time, eliminat- ing the need for a lawyer entirely even in complex situations. The fear of robot lawyers is often raised in the context of artificial intelligence. But as Jordan Furlong points out in our cover story on AI, much of this fear is misplaced. What is actually occurring in this area is a lot more interesting, yet perhaps less dra- matic, than the mass production of human-like robots. "What machines give you is the option to get access to more and more data faster and cheaper — that's the real core of it," David Holme, CEO of Exigent, told us. It is about speed — finding more information and processing it lightning fast. But applying that, like any high-speed device, requires deep expertise. "Who are your experts on certain legal issues? Do they have memos or briefs? Where are they? Can we access them? Can we search them? It's almost a back-office function. It's not quite decision-making, but it helps in decision-making," points out Scott Ferrauiola, associate GC at Watson IBM. Answering that sounds to me like a million legal jobs in waiting. But the effects may not only be on the back-office function. Benjamin Alarie, who designed software that can predict with greater than 90-per-cent accuracy what a tax court would hold in new circumstances, points out that his product may have a dra- matic impact on the likelihood of settlement. While some aggressive litigators may chafe at the prospect, most lawyers will accept that as positive outcome for our justice system. But even those working to design tools that use artificial intelligence won't tell you there are no risks. When AI is incorporated into the mundane tasks, it can sometimes result in a loss of accountability for the serious impacts. Unintentional biases are being uncovered in many areas where AI is being used, including job-hunting websites, credit reporting bureaus, social media sites and even the criminal justice system. As any lawyer can tell you, completing a mundane task multiple times is often neces- sary to understand the bigger picture. Associates who are asked to draft contracts over and over come away with an understanding of the nuances. Speaking to dozens of cli- ents for a simple will could help you identify other bigger legal issues. Like much of the anxiety felt these days, the antidote is to slow down, unplug for a bit and look at the reality of what is actually happening. There are many urgent problems facing the legal profession. But being overtaken by robot lawyers is not one of them. Artificial intelligence is not robot lawyers By Tim Wilbur W CORRECTION In our March 2017 issue, we stated that Thompson Dorfman Sweatman LLP, one of the top Manitoba firms in our Top Prairie Firms survey, had its main offices in Winnipeg, Steinbach and Winkler. In fact their main offices are in Winnipeg, Brandon and Portage la Prairie. We also stated that McDougall Gauley LLP, one of the top Saskatchewan firms in the same survey, had offices in Saskatoon, Regina, Moose Jaw and Estevan. The firm actually only has offices in Saskatoon and Regina. Canadian Lawyer apologizes for the errors.

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