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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 U G U S T 2 0 1 5 19 conscious mind and relied on muscle memory and a whole host of automatic responses to stimuli, then this was seen as an exclusively human trait. Driving a car was one of those tacit tasks; that the sheer range of processing that goes on in the brain, the number of stimuli coming in from all directions, and often in split seconds too, could never be broken down into mere lines of code. And that was absolutely the case; right up until Google unveiled a fully functioning prototype of an autonomous car in December 2014. Suddenly that clear split between what humans do well and what computers do well now seems much less clear-cut. Carr is however clear that: "Artificial intelligence is not human intelligence. People are mindful; comput- ers are mindless. But when it comes to performing demanding tasks, whether with the brain or the body, computers are able to replicate our ends without replicating our means." Carr's book is an important voice on this topic as it also acts as a warn- ing to all this mindless progress. Some of the pushback we're seeing in law firms with all this new smart technology, while largely acting in self-interest at the moment, could in fact be a good thing. The more we automate, the less we learn. And the less we know or understand the technology, the less that we are able to correct, adjust, or find alternatives, even when things go wrong. In focusing on augmentation rather than automation we get to learn how much is enough. Finding the perfect balance in the tasks that we under- take that don't "anesthetize us" from the active enjoyment we get from such tasks. There is a great example at the end of Carr's book about a group of archi- tects who, having taken a long, hard look at the technology available to them, "began to resist the technology's tempta- tions." They realized that by having a strong understanding of the processes involved in architecture they were able to assign the right resource — whether human or smart machine — to the right set of tasks. Law firms similarly need to "step in" to understand that decisions about technology are decisions about the ways in which we work and how it can enable us to do our best and most fulfilling work. That's a much more optimistic message and one we should support, particularly when it comes from innova- tive legal technology vendors themselves such as Kira, or Neota Logic. Michael Mills recently wrote: "When the facts and the rules are clear and consistent, systems will automate. When the context is uncertain and the judgment required is more subtle, systems will augment." It may be that the "skepticism" trait, so highly scored amongst lawyers, is exactly the approach needed; to take a step back and think critically about the automation that's coming and how we can use machines to do things that deepen and strengthen the services we provide to clients. Kate Simpson is national director of knowl- edge management at Bennett Jones LLP, and is responsible for developing the firm's KM strategy and initiatives. The opinions expressed in this article are her own. What's Market is much more than a deal summaries database. Not only can you search, review, and compare expertly prepared summaries of recent deals and fi lings – you'll see exactly how this information impacts your deal. Do you need to determine the appropriate break fee for your deal? Use What's Market to quickly compare break free provisions across multiple deals in a specifi c industry and create a custom report on market trends. This is just one example of the many ways What's Market on Practical Law Canada gives you the practical know-how to get your deal done faster and more effi ciently than ever before. Experience the What's Market difference • Find specifi c deals faster with custom advanced search • Get expert analysis and deal summaries with links to underlying agreements • Benchmark market practice and trends by comparing multiple deals or fi lings at once • Respond to clients faster with instant custom reports • Eliminate non-billable hours Start with Practical Law Canada. Sign up for a free trial at www.practicallaw.ca 00229IF-A50788 Introducing What's Market on Practical Law Canada Insightful analysis that goes beyond deal summaries

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