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Mar 14

Solving the unsolvable: Translating case law in Hong Kong

This paper addresses the challenges translating case law under Hong Kong's bilingual legal system. It highlights the initial success of translating all written statutes into Chinese before the 1997 handover, a task mandated by the Basic Law. The effort involved significant collaboration among legal, linguistic, and translation experts, resulting in a comprehensive and culturally appropriate bilingual legal system. However, translating case law remains a significant challenge due to the sheer volume and continuous growth of judicial decisions. The paper critiques the governments and judiciarys sporadic and uncoordinated efforts to translate case law, contrasting it with the thorough approach previously taken for statute translation. Although the government acknowledges the importance of legal bilingualism, it lacks a sustainable strategy for translating case law. The Judiciarys position that translating all judgments is unnecessary, unrealistic, and not cost-effectiveis analyzed and critiqued for its impact on legal transparency and public trust. A proposed solution involves leveraging machine translation technology through a human-machine interactive translation platform, which undergoes two major transitions. Initially based on a neural model, the platform transitions to using a large language model for improved translation accuracy. Furthermore, it evolves from a single-agent system to a multi-agent system, incorporating Translator, Annotator, and Proofreader agents. This multi-agent approach, supported by a grant, aims to facilitate efficient, high-quality translation of judicial judgments by integrating advanced artificial intelligence and continuous feedback mechanisms, thus better meeting the needs of a bilingual legal system.

Hallucination-Free? Assessing the Reliability of Leading AI Legal Research Tools

Legal practice has witnessed a sharp rise in products incorporating artificial intelligence (AI). Such tools are designed to assist with a wide range of core legal tasks, from search and summarization of caselaw to document drafting. But the large language models used in these tools are prone to "hallucinate," or make up false information, making their use risky in high-stakes domains. Recently, certain legal research providers have touted methods such as retrieval-augmented generation (RAG) as "eliminating" (Casetext, 2023) or "avoid[ing]" hallucinations (Thomson Reuters, 2023), or guaranteeing "hallucination-free" legal citations (LexisNexis, 2023). Because of the closed nature of these systems, systematically assessing these claims is challenging. In this article, we design and report on the first preregistered empirical evaluation of AI-driven legal research tools. We demonstrate that the providers' claims are overstated. While hallucinations are reduced relative to general-purpose chatbots (GPT-4), we find that the AI research tools made by LexisNexis (Lexis+ AI) and Thomson Reuters (Westlaw AI-Assisted Research and Ask Practical Law AI) each hallucinate between 17% and 33% of the time. We also document substantial differences between systems in responsiveness and accuracy. Our article makes four key contributions. It is the first to assess and report the performance of RAG-based proprietary legal AI tools. Second, it introduces a comprehensive, preregistered dataset for identifying and understanding vulnerabilities in these systems. Third, it proposes a clear typology for differentiating between hallucinations and accurate legal responses. Last, it provides evidence to inform the responsibilities of legal professionals in supervising and verifying AI outputs, which remains a central open question for the responsible integration of AI into law.

Methods for Legal Citation Prediction in the Age of LLMs: An Australian Law Case Study

In recent years, Large Language Models (LLMs) have shown great potential across a wide range of legal tasks. Despite these advances, mitigating hallucination remains a significant challenge, with state-of-the-art LLMs still frequently generating incorrect legal references. In this paper, we focus on the problem of legal citation prediction within the Australian law context, where correctly identifying and citing relevant legislations or precedents is critical. We compare several approaches: prompting general purpose and law-specialised LLMs, retrieval-only pipelines with both generic and domain-specific embeddings, task-specific instruction-tuning of LLMs, and hybrid strategies that combine LLMs with retrieval augmentation, query expansion, or voting ensembles. Our findings indicate that domain-specific pre-training alone is insufficient for achieving satisfactory citation accuracy even after law-specialised pre-training. In contrast, instruction tuning on our task-specific dataset dramatically boosts performance reaching the best results across all settings. We also highlight that database granularity along with the type of embeddings play a critical role in the performance of retrieval systems. Among retrieval-based approaches, hybrid methods consistently outperform retrieval-only setups, and among these, ensemble voting delivers the best result by combining the predictive quality of instruction-tuned LLMs with the retrieval system.

Empirical analysis of Binding Precedent efficiency in the Brazilian Supreme Court via Similar Case Retrieval

Binding precedents (S\'umulas Vinculantes) constitute a juridical instrument unique to the Brazilian legal system and whose objectives include the protection of the Federal Supreme Court against repetitive demands. Studies of the effectiveness of these instruments in decreasing the Court's exposure to similar cases, however, indicate that they tend to fail in such a direction, with some of the binding precedents seemingly creating new demands. We empirically assess the legal impact of five binding precedents, 11, 14, 17, 26 and 37, at the highest court level through their effects on the legal subjects they address. This analysis is only possible through the comparison of the Court's ruling about the precedents' themes before they are created, which means that these decisions should be detected through techniques of Similar Case Retrieval. The contributions of this article are therefore twofold: on the mathematical side, we compare the uses of different methods of Natural Language Processing -- TF-IDF, LSTM, BERT, and regex -- for Similar Case Retrieval, whereas on the legal side, we contrast the inefficiency of these binding precedents with a set of hypotheses that may justify their repeated usage. We observe that the deep learning models performed significantly worse in the specific Similar Case Retrieval task and that the reasons for binding precedents to fail in responding to repetitive demand are heterogeneous and case-dependent, making it impossible to single out a specific cause.

Challenges and Considerations in Annotating Legal Data: A Comprehensive Overview

The process of annotating data within the legal sector is filled with distinct challenges that differ from other fields, primarily due to the inherent complexities of legal language and documentation. The initial task usually involves selecting an appropriate raw dataset that captures the intricate aspects of legal texts. Following this, extracting text becomes a complicated task, as legal documents often have complex structures, footnotes, references, and unique terminology. The importance of data cleaning is magnified in this context, ensuring that redundant information is eliminated while maintaining crucial legal details and context. Creating comprehensive yet straightforward annotation guidelines is imperative, as these guidelines serve as the road map for maintaining uniformity and addressing the subtle nuances of legal terminology. Another critical aspect is the involvement of legal professionals in the annotation process. Their expertise is valuable in ensuring that the data not only remains contextually accurate but also adheres to prevailing legal standards and interpretations. This paper provides an expanded view of these challenges and aims to offer a foundational understanding and guidance for researchers and professionals engaged in legal data annotation projects. In addition, we provide links to our created and fine-tuned datasets and language models. These resources are outcomes of our discussed projects and solutions to challenges faced while working on them.

ECtHR-PCR: A Dataset for Precedent Understanding and Prior Case Retrieval in the European Court of Human Rights

In common law jurisdictions, legal practitioners rely on precedents to construct arguments, in line with the doctrine of stare decisis. As the number of cases grow over the years, prior case retrieval (PCR) has garnered significant attention. Besides lacking real-world scale, existing PCR datasets do not simulate a realistic setting, because their queries use complete case documents while only masking references to prior cases. The query is thereby exposed to legal reasoning not yet available when constructing an argument for an undecided case as well as spurious patterns left behind by citation masks, potentially short-circuiting a comprehensive understanding of case facts and legal principles. To address these limitations, we introduce a PCR dataset based on judgements from the European Court of Human Rights (ECtHR), which explicitly separate facts from arguments and exhibit precedential practices, aiding us to develop this PCR dataset to foster systems' comprehensive understanding. We benchmark different lexical and dense retrieval approaches with various negative sampling strategies, adapting them to deal with long text sequences using hierarchical variants. We found that difficulty-based negative sampling strategies were not effective for the PCR task, highlighting the need for investigation into domain-specific difficulty criteria. Furthermore, we observe performance of the dense models degrade with time and calls for further research into temporal adaptation of retrieval models. Additionally, we assess the influence of different views , Halsbury's and Goodhart's, in practice in ECtHR jurisdiction using PCR task.

Low-Resource Court Judgment Summarization for Common Law Systems

Common law courts need to refer to similar precedents' judgments to inform their current decisions. Generating high-quality summaries of court judgment documents can facilitate legal practitioners to efficiently review previous cases and assist the general public in accessing how the courts operate and how the law is applied. Previous court judgment summarization research focuses on civil law or a particular jurisdiction's judgments. However, judges can refer to the judgments from all common law jurisdictions. Current summarization datasets are insufficient to satisfy the demands of summarizing precedents across multiple jurisdictions, especially when labeled data are scarce for many jurisdictions. To address the lack of datasets, we present CLSum, the first dataset for summarizing multi-jurisdictional common law court judgment documents. Besides, this is the first court judgment summarization work adopting large language models (LLMs) in data augmentation, summary generation, and evaluation. Specifically, we design an LLM-based data augmentation method incorporating legal knowledge. We also propose a legal knowledge enhanced evaluation metric based on LLM to assess the quality of generated judgment summaries. Our experimental results verify that the LLM-based summarization methods can perform well in the few-shot and zero-shot settings. Our LLM-based data augmentation method can mitigate the impact of low data resources. Furthermore, we carry out comprehensive comparative experiments to find essential model components and settings that are capable of enhancing summarization performance.

Lawma: The Power of Specialization for Legal Tasks

Annotation and classification of legal text are central components of empirical legal research. Traditionally, these tasks are often delegated to trained research assistants. Motivated by the advances in language modeling, empirical legal scholars are increasingly turning to prompting commercial models, hoping that it will alleviate the significant cost of human annotation. Despite growing use, our understanding of how to best utilize large language models for legal tasks remains limited. We conduct a comprehensive study of 260 legal text classification tasks, nearly all new to the machine learning community. Starting from GPT-4 as a baseline, we show that it has non-trivial but highly varied zero-shot accuracy, often exhibiting performance that may be insufficient for legal work. We then demonstrate that a lightly fine-tuned Llama 3 model vastly outperforms GPT-4 on almost all tasks, typically by double-digit percentage points. We find that larger models respond better to fine-tuning than smaller models. A few tens to hundreds of examples suffice to achieve high classification accuracy. Notably, we can fine-tune a single model on all 260 tasks simultaneously at a small loss in accuracy relative to having a separate model for each task. Our work points to a viable alternative to the predominant practice of prompting commercial models. For concrete legal tasks with some available labeled data, researchers are better off using a fine-tuned open-source model.

CaseSumm: A Large-Scale Dataset for Long-Context Summarization from U.S. Supreme Court Opinions

This paper introduces CaseSumm, a novel dataset for long-context summarization in the legal domain that addresses the need for longer and more complex datasets for summarization evaluation. We collect 25.6K U.S. Supreme Court (SCOTUS) opinions and their official summaries, known as "syllabuses." Our dataset is the largest open legal case summarization dataset, and is the first to include summaries of SCOTUS decisions dating back to 1815. We also present a comprehensive evaluation of LLM-generated summaries using both automatic metrics and expert human evaluation, revealing discrepancies between these assessment methods. Our evaluation shows Mistral 7b, a smaller open-source model, outperforms larger models on most automatic metrics and successfully generates syllabus-like summaries. In contrast, human expert annotators indicate that Mistral summaries contain hallucinations. The annotators consistently rank GPT-4 summaries as clearer and exhibiting greater sensitivity and specificity. Further, we find that LLM-based evaluations are not more correlated with human evaluations than traditional automatic metrics. Furthermore, our analysis identifies specific hallucinations in generated summaries, including precedent citation errors and misrepresentations of case facts. These findings demonstrate the limitations of current automatic evaluation methods for legal summarization and highlight the critical role of human evaluation in assessing summary quality, particularly in complex, high-stakes domains. CaseSumm is available at https://huggingface.co/datasets/ChicagoHAI/CaseSumm