Legal Knowledge Based Systems

Legal Knowledge Based SystemsErasmus University Rotterdam – 19 May 2010

Michaël van Leeuwen

Agenda

1. Labyrinth of information2. Software as a solution3. Difficulties with software4. New generation of tools5. How to design your application6. Example case7. Conclusions

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Legislation


Explanatory Memorandum


Case Law


Local Legislation


Although the information is accessible and agents can notify you when changes occur…


…this information is great for the legal expertsbut not so great for everyone else.


Labyrinth of ›rules›laws›articles›…

Information.


Legal experts can translate basic information to:

›Made-to-measure advice›Information readable by the target audience


Made-to-measure advice is expensive.

Lots of people are looking for specific answersfor their situation: more than just information.


Agenda



Software-applications can offer made-to-measure answers and:

›Provide structure for all parties›Uniformity in decision-making›Transparancy›Large reach


Software also makes sharing knowledge withcolleagues easier and can potentially

reduce costs and save time.


Agenda



Main problems with software:

› Maintenance› Miscommunication


Maintenance problem:

Legal information changes all the time. software = outdated


Preventing software from being outdated:

› No static copy of, but dynamic links to info› Very active legal experts for structural changes


Dynamic linking to information sounds nice,but what if the sources change their content?


Legal experts can keep information up-to-date.Legal experts can’t keep applications up-to-date.



…which leads to the next problem:

Legal experts and software engineers are not the best match in communication..

(to put it mildly).


Agenda



Solution:

Put the legal expert in control


..and (!) give him the right tools.


Term often used is: business rule.

Core message = put the business in control of it’s own logic.


The Berkeley Publisher aims to putexperts in control of their applications.


Graphical drawing of decision trees.


Adding questions,conclusions, documents

and calculations.


Setting conditionsfor the decision tree.


›Preserving links to the source information›Reusing elements›Direct online publishing

And much more…


Example: RechtOp-wijzer.


Behind the screen.


Example: Algemene Voorwaarden.


Example: Vergunningenloket.


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Determine the scope of your application.What kind of target audience(s) do you have.Which conclusions are possible.What data do you need to reach those conclusions.


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Is company X allowed to send mailing Y to person Z ?

Scope: Dutch rules & regulations on electronic B2C-spam asmentioned in art. 11.71 of the Telecommunicatiewet.

Target audience: Companies operating from Dutch territory.Possible conclusions: Allowed / Not allowed to send mailing.


Required data: - Is it an automated system, a fax or electronic message? Yes: next question No: these regulations are not applicable

- Can you prove the receiving party has given authorisation for this digital mailing?

Yes: you are allowed to send this mailingNo: next question


Required data: - Is the mailing about your own products or services and has thereceiver bought any of those in the past?

Yes: next questionNo: you are not allowed to send this mailing

- Did you offer the receiver the possibility to opt-out without any costs or obstacles when you first gathered his address?

Yes: next questionNo: you are not allowed to send this mailing

- Do you offer the receiver the possibility to opt-out without any costs or obstacles in every mailing?

Yes: you are allowed to send this mailingNo: you are not allowed to send this mailing


(Simple and non-exhaustive yet showing the basics.)


Agenda



Key success factors:

›Translation of information to application›Maintenance / agility›Change management


Common objection to the automationof legal knowledge: “My knowledge

is too complex to put in an application.”

Innovative organisations disagree.


The need for innovative legal experts is growing, fast.


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Legal Knowledge Based Systems