Do Process! April 2023

Greetings and Happy Spring!

So great to have the sun shining on a new day!
We at Process Service PA LLC, have been busier than we have ever been in the last 14 years! We cannot thank you for your trust and support over the years- however there may be more to the trend.

During the pandemic, we were still busy, slower than before due to the courts closing, but still working. We are seeing more lawsuits and a significant uptick in rush/expedited work. When asking some clients why, we heard back; Apparently, there is still a shortage of legal assistance returning to the workforce forcing new workflows and sometimes backups. Is this what you are experiencing? We would love to hear from you. Please use this forum to reach other legal professionals for networking and referrals.

As always, my team and I are here to help. I wanted to share these articles penned by our very own legal student Senta Johnson (pre Law at Drexel University)
Enjoy, and stay safe out there!

Process Serving – Protect our Messengers!

Originally an unwritten conduct of war to leave enemy emissaries unharmed, “don’t shoot the messenger” now more relevantly applies to process servers. Being the bearer of bad news is an uncomfortable, and, at times, dangerous role in our justice system. We take this time to thank our local process servers and advocate for their safety.

The law requiring proper notification of an individual when they are requested in court was established by our founding fathers. Process servers are the messenger and, more importantly, the protector of this constitutional right. In some cases, receiving such news can result in negative confrontation. While it’s not always adrenaline-pumping scenes from Pineapple Express, process serving has the potential for risk.

Already this month, an Idaho man, 38, pleaded guilty after assaulting a process server. Former Oklahoma governor candidate was sentenced to prison in 2020 for shooting a process server. A Californian process server once told the San Diego Union-Tribune that he was “shaken” after having “a pistol pointed in my face,” but that it wasn’t the first time he’s been in that situation.

Each of these process servers were doing their job and unjustly met with aggression. Every assignment is met with a sense of caution, and it is important to prepare for any confrontation.

There are simple ways a process server may equip for their day, such as finding easy-access parking, keeping their phone charged and reachable, and being aware of their surroundings and possible exit plans. With recent gun violence in the U.S., there has been additional, extensive debate on concealed carrying while serving. Ultimately, choosing to carry a weapon is up to the individual, their residing state, and their place of employment.

Many states do not offer legal protection to process servers. In order to provide another layer of security, legal professionals should be aware of the obligations of process servers. Companies can conduct simple background checks on the involved party/parties to share any pertinent circumstances a process server might encounter. De-escalation methods can be reviewed and improved upon indefinitely. Most importantly, offer support when needed.

It is critical to at least raise awareness of process server safety. We acknowledge and thank our local process servers and will continue to be a contributing team to process service’s support system.

Legal AI-d and the Future?

Law offices are commonly associated with dusty case books and endless piles of paper. Microsoft Word is still the most common digital space for lawyers. The LSAT only just digitized in 2019. For better or worse, the legal field embraces its traditional approaches, slow to adapt to new technology. Artificial Intelligence (AI) is challenging that.

The AI-powered revolution is automating mental tasks. Law touches every corner of the business world so, naturally, is profoundly affected by this particular advancement. Conducting legal research, drafting documents, delivering expertise, and predicting legal outcomes are some potential AI-assisted processes that we will explore. For each, a number of software programs are already being used amongst American law firms.

Discovery and Research

A historically manual process, legal research and discovery is shifting from hours of reading potentially relevant precedents to instantaneous e-discovery. E-discovery AI can scan and organize infinite pages of case documents. Using parameters such as dates or geographics, the software can then narrow down relevant details. Similar software can quickly scan and search databases of rules, laws, practice areas, jurisdictions, case laws, and more. It has never been easier to locate relevant precedents.

Computer programs like LexisNexis and Westlaw have been replaced with more sophisticated platforms like CaseText. Rather than just matching words to keywords, these machine learning algorithms are comprehending the semantics of those words. Relevant precedents can then be measured for accuracy and validity. This allows for legal professionals to then focus on refining their case. Lawyers save time and clients save money.

Documentation

Another manual, time-consuming process amongst legal professionals is the drafting and revising of legal documents. Only recently were these processes and documents moved to a virtual space, but this does not help with document management.

Even after hours of editing, human errors are frequent, which delay objectives. In response, AI tools like LexCheck and Lawgeex review legal documents in-depth using Natural Language Processing (NLP), or a computer’s capacity to infer meaning from language. Anything from contracts to motions can be proofread for grammar, consistency, and precision. Even further, the AI can conform to the author’s authentic tone and style.

Lawgeex CEO Noory Bechor says, “These solutions are helping legal teams offload the mundane aspects of reviewing and redlining contracts so that they can focus on more high-impact work. AI technology will ultimately broaden the lawyer’s role from a narrow focus on risk mitigation to more strategic engagement on company initiatives.”

Expertise Automation

It comes to no surprise that one of the biggest challenges for a hard-pressed lawyer is fostering meaningful relationships with their clients. In addition to AI giving lawyers more time to do so, AI can act as a gateway, interactive agent between clients and legal professionals. Basic legal questions can be answered and basic legal guidance can be offered by AI platforms.

Legal knowledge is becoming more accessible for clients. Employment rights, traffic violation procedures, and statutes of limitations for each crime and state can be better understood without the cost of their counsel’s time. Templates for wills and other basic contracts can also be completed by the client, saving a lot of back-and-forth communication.

This is especially beneficial to individuals who do not have the resources to obtain counsel. Thanks to AI, these individuals have better access to principal, inexpensive, and accurate legal knowledge. This level of access is becoming an expectation for client-centered firms.

Predictive Analytics

In our opinion, the most revolutionary product that AI offers is predictive analytics. Legal forecasting tools like Blue J Legal, with a 90% accuracy rating, examine all the rulings in a particular field, take into account the specifics of a case – such as the particular judge assigned to hear the case – and generate the most likely outcomes.

Any key precedents and details that are missing from a given piece of legal research or legal submission can be also identified by using similar platforms.

All of these new abilities can contribute to litigation finance. This is referred to as a practice where a third party pays for a plaintiff’s legal fees in exchange for a portion of the rewards if the plaintiff’s case is successful. More thorough assessments of cases and precedents enable investors to better weigh financial prospects.

How Do We Feel About This?

The ethics of involving AI in legal processes is undoubtedly debated. To what extent can lawyers use AI for legal documents before it is malpractice? How can we measure AI usage? Will robots replace lawyers? There are dozens of questions that Artificial Intelligence brings, but we can agree that AI generally brings productivity and satisfaction to the legal industry.
It is an undeniable truth that legal professionals are overworked. There is little argument against any tools that give lawyers their time back. But even though AI can complete tasks that would take a person hours to complete in seconds, it cannot take the place of human judgment.
AI aims to limit potential for administerial error and increase the speeds of legal processes. Our justice system will continue to democratic and very-much-so human.

There would be nothing wrong with sticking to tradition and hard copies. Regardless, we are excited to see how our legal industries are reacting to the tech revolution.