[HN Gopher] Templating for Lawyers
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       Templating for Lawyers
        
       Author : feross
       Score  : 77 points
       Date   : 2021-03-13 18:18 UTC (4 hours ago)
        
 (HTM) web link (writing.kemitchell.com)
 (TXT) w3m dump (writing.kemitchell.com)
        
       | kderbyma wrote:
       | latex is also great for this.It is fully Turing complete and I
       | have used it extensively for building programmatic templates.
        
       | choeger wrote:
       | With the proximity of legal text and computer code, I always
       | wondered how big a market lawyers are for pretty standard
       | programming language tools and services. At the same time I am
       | not so sure whether we should bring said tools and services to
       | lawyers because they increase productivity so immensely...
        
         | FrobeniusTwist wrote:
         | I'm a lawyer, and a former (and still occasional) programmer.
         | In my experience, tools developed for (or at any rate, targeted
         | at) lawyers seem to always be bloated, slow, and of negligible
         | utility as far as I can tell. For "legal development" purposes
         | (i.e., writing a letter, contract, memo, brief, etc.), nothing
         | I've experienced surpasses plain old Word Perfect (still in use
         | in some offices I deal with). Word's automated numbering system
         | can burn in eternal damnation.
         | 
         | What might be useful would be better change tracking and
         | management. The problem here is Word's dominance as a means of
         | exchanging drafts. When working on an agreement, I and opposing
         | counsel usually exchange Word drafts along with PDF redlines,
         | which works well enough. Some attorneys like to use the "Track
         | Changes" feature of word, but after a few turns you end up with
         | a complete mess. Still, the sophistication and power of a git
         | or mercurial would probably be wasted in the sort of contexts
         | in which lawyers typically work (a series of form-based
         | documents which are individually tailored in essentially one-
         | off transactions).
         | 
         | I'll ignore your quip about productivity, except to note that
         | you might feel differently if you were the one paying the fees.
        
           | btown wrote:
           | https://draftable.com/ https://api.draftable.com/examples is
           | a secret weapon I've used frequently as a non-lawyer,
           | including to silver-platter documents for counsel and to
           | review things sent by external parties: you can give it two
           | versions of a contract, and it automatically derives a
           | redline, meaning that as long as you have sane file naming
           | schemes, you essentially have `git diff` for contracts
           | without ever needing the overhead of managing a repository.
           | It's remarkably robust and has self-hosted options.
           | 
           | Thinking more broadly about tools for lawyers, I feel like
           | too many attempts have fallen into the trap of "we need to
           | disrupt everything and remove all rote work." From the
           | lawyers I've talked to, the common thread is that they just
           | want better visibility and a second pair of eyes; they'll be
           | responsible for their work product at the end of the day and
           | will need to type changes manually, but if something could
           | help them find the "gotcha" buried on page 93 with slightly
           | greater speed and reliability (or, to wit, find all typos
           | from Word's automatic numbering), without requiring a full
           | change in toolkit, it could meaningfully improve quality of
           | life for counsel and clients alike.
        
           | mchusma wrote:
           | I'll piggyback on your final comment to state that the
           | biggest problem in the legal space is cost (effectively a
           | proxy for productivity). Almost all litigation against
           | individuals and small businesses is an exercise is borderline
           | blackmail (e.g. this will cost you $100k to defend and win so
           | might as well pay $10k).
           | 
           | It's a hard problem to actually fix, and mostly a byproduct
           | of the attorneys monopoly on the legal profession and various
           | mandates to make it require human intervention.
           | 
           | Where we need to get to is letting technology and true
           | startups (with limited liability) provide legal services.
           | 
           | I will give a shout-out to fairclaims.com which I recommend
           | so much more over traditional arbitration/mediation firms.
           | One example of the type of thing we need.
        
         | grosswait wrote:
         | I can't figure out how to reply at the top level, but if this
         | sort of thing interest you, take a look at Docassemble
        
         | ianeliot wrote:
         | I can speak to this a bit. My mom is a lawyer and we've talked
         | before about the need for better templating systems. The
         | problem is that the market for solo practitioners and small
         | firms is just not that large or lucrative, and AIUI the market
         | for large law firms is already pretty mature, or at least
         | there's a high barrier to entry.
         | 
         | But there's definitely a need among solo practitioners and
         | small firms, and that need goes beyond templating to include
         | better ways of organizing documents, automating workflows,
         | ensuring security, and so forth. There are companies like
         | Practice Panther which are trying to do this, but the problem
         | I've seen with them is they encourage vendor lock-in and make
         | it hard to do anything not officially supported by the
         | platform.
        
           | howtowin wrote:
           | I don't know if you have started working on a potential
           | solution (I am assuming not based off your verbiage), but I'd
           | love to hear more.
           | 
           | I find tremendous purpose and joy in enabling more productive
           | and efficient work by developing digital tools &
           | applications, especially for intelligent individuals such as
           | your mother and other lawyers.
           | 
           | If interested in sharing more, whether you want to have
           | nothing to do with a potential venture or not, I have my
           | public email on my profile. Cheers!
        
         | kemitchell wrote:
         | I've written code a lot longer than I've written legal text.
         | But the longer I've written both, the less "proximate" they've
         | seemed. Drawing parallels pleases the mind, but it's more
         | trouble than helpful, most of the time.
         | 
         | If you want to make legal texts even worse to read and write,
         | throw in a heavy dose of CS-esque structuralism.
        
           | mnahkies wrote:
           | I had the pleasure of building software requirements from
           | legislation once and discovered that everything left room for
           | interpretation, made what seemed on the face of it a
           | relatively well understood thing difficult to build.
        
         | hctaw wrote:
         | Someone can come out with it and then someone will wrap a
         | dashboard around it and advertise it as "look - you don't even
         | have to write code!"
         | 
         | The biggest enemy of programming languages as general purpose
         | tools for business is the idea that code == hard, and coder ==
         | expensive specialized labor.
         | 
         | If we reach a point where programming is taught as a basic
         | skill like arithmetic or writing then maybe we can apply
         | standard PL tools to basic business tasks.
        
       | btown wrote:
       | In the same way that Markdown compiles to HTML which is then
       | interpreted by web browsers into pixels on a screen, I find it
       | fascinating to consider the logical next step: the runtime
       | environment in which "legal code" runs.
       | 
       | A contract is really a function of (world state) -> (booleans for
       | parties in breach), and lawyers excel at traversing the function
       | space of possible contracts based on simulations of possible
       | world states, making them optimizers over those function spaces.
       | Their "speculative execution" and ability to cull parts of that
       | search space are based on having efficient caches of case law; we
       | literally train lawyers to be optimal caches by having them take
       | bar examinations, because even with databases at these
       | professionals' fingertips, the latency with which they can
       | simulate contract space given novel information (in trial, in
       | live conversations with clients) is a core competency of the
       | profession.
       | 
       | I wonder if some of the tooling and philosophies being developed
       | in the machine learning world can be applied to great effect in
       | this context...
        
         | willio58 wrote:
         | Do it with Ethereum. Have the U.S. government create the smart
         | contracts. What's stopping this now?
        
       | arrenv wrote:
       | We have been working on this to a degree with our new platform,
       | along with other layers of the agreement process. We are mostly
       | focusing on contracts for digital agencies (and their clients and
       | suppliers) to begin with, with templates based on services being
       | delivered, deliverable signoffs, variation handling, and
       | recurring agreement elements.
        
       | anticristi wrote:
       | I recently had to sign an agreement where I had to fill my name 3
       | times within the agreement. It's only then that I realized that
       | good lawyers know variables: "This agreement is signed between
       | ... henceforth called Employee and ... henceforth called
       | Employer."
        
         | kemitchell wrote:
         | I tend to start my contacts like "Vendor and Customer agree:
         | ..." and then add "Vendor" and "Customer" tags to the signature
         | pages at the back.
         | 
         | There's really no reason to be repeating nicknames, legal
         | entity names, jurisdictions of incorporation, addresses, and
         | the like all over a contract.
        
         | catillac wrote:
         | I'm not a coder but a designer, but I also have some experience
         | in this space. This is also one of those areas where the HN
         | crowd will think, "I'm so much smarter they should just do X
         | isn't it obvious?" What happens is that clauses are often
         | litigated over and over and the successful evolution of the
         | clauses that survive court battles and arbitration are then
         | used wholesale in future contracts because the law is so
         | settled. So it's hard to change clauses, even to replace some
         | small things with seemingly equal things (names vs variables in
         | this case) because that opens up cans of worms because the
         | clause is no longer identical to the litigated one. So the
         | efficiency gained by only needing to write your name once is
         | lost in the danger of additional litigation.
         | 
         | One analogy would be to not roll your own crypto. You may think
         | you got it right, but better to just go with the battle tested
         | solution.
         | 
         | This is also one of the many reasons people incorporate in
         | Delaware primarily. The law is settled and doesn't change,
         | people can rely on it, so they use the clauses that were
         | litigated and have settled meanings for decades.
        
         | ct520 wrote:
         | Yep - My thoughts exactly when I seen the verbiage in my court
         | docs
        
         | jll29 wrote:
         | Yes, they even define terms in their contracts' preambles.
         | 
         | But be very careful about capitalization (it's "Employee" if
         | you refer to the aforementioned employee, not "employee"), a
         | wrong lowercase initial letter, and you may lose a lot.
        
       | tannhaeuser wrote:
       | Templating has a very long history in law: law firms were
       | strongholds of WordPerfect against MS Word due to WP's non-
       | WYSIWYG, macro/batch-friendly nature, and insurance companies
       | used and still use SGML (SCRIPT/VS, DCF, GML on z/OS) for
       | printing customized contracts and account statements. Early full-
       | text databases for cases and annotations etc. also evolved in
       | law. SGML in particular allows full markdown and custom
       | notational conventions for referencing legal code/precedents
       | without resorting to ad-hoc template "engines"; it was even
       | designed by a lawyer.
        
       | faitswulff wrote:
       | See also: "Brexit deal mentions Netscape browser and Mozilla
       | Mail"
       | 
       | https://www.bbc.com/news/technology-55475433
        
       | evolve2k wrote:
       | In a case of hidden issues in plain sight; your first markdown
       | example, speaks of what the # means but ignore the leading #
       | being used to signifiy a header in markdown. Make sense to me as
       | a coder, but I expect non-coders will be left confused as the #
       | obviously _does_ important things and yet there's an extra one
       | there that's unexplained (that does header markup).
       | 
       | Consider removing the header all together for the sake of
       | simplified grokking.
        
         | anticristi wrote:
         | I'm a coder and I still struggle to "see through layers".
         | Imagine seeing the following in Ansible:
         | shell: >           cat {{ item }} | grep ansible           echo
         | $USER         with_items:           - hello.txt           -
         | hello2.txt           - hello3.txt
         | 
         | You essentially look at 4 layers (YAML, Ansible, Jinja, Shell)
         | and need to "run them in your brain" in the correct order.
        
         | kemitchell wrote:
         | My first paragraph mentions Markdown. My first link leads to
         | https://type.commonform.org/.
         | 
         | Markdown first. Then Mustache on top of Markdown.
        
       | WrtCdEvrydy wrote:
       | Yeah, I've recommended https://docassemble.org/ to a lot of
       | friends in the lawyer space. They use it a lot to generate some
       | automate template software.
        
         | howtowin wrote:
         | By any chance, have any of your friends shared any notable
         | shortfalls of - or annoyances with - Docassemble?
        
           | WrtCdEvrydy wrote:
           | I have had one small thing with it, if you're using the
           | realtime preview for fancy things (one friend used it for a
           | self-managed invitation card thing for weddings), the preview
           | does not use the fancy fonts that are loaded into your
           | template.
           | 
           | It's weird because the rest of the ecosystem is very good for
           | almost every usecase.
        
       | froh42 wrote:
       | Heh, my father was a Lawyer.
       | 
       | He kept using Word (the MS-DOS Version!) for a very very long
       | time, because he had most of the everyday stuff he needed as
       | predefined "Textbausteine" (text modules? text blocks?) - he
       | would just press ESC-this-key,that-key and a complete divorce
       | application for the court would pop up. Many paragraphs were
       | double, so he only had to delete the male/female version.
       | 
       | He was bragging the "work" he did for a divorce was around 10
       | minutes, the rest of the time he was chatting with the client.
       | (He also had several boxes of Kleenex around for crying clients -
       | a big part of that work is emotional).
       | 
       | He also had a lot of text modules for all the other bread-and-
       | butter stuff that turns up every day.
        
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       (page generated 2021-03-13 23:00 UTC)