Legal AI is still biased in 2019

In October 2017, we published an article on how legal Artificial Intelligence systems had turned out to be as biased as we are. One of the cases that had made headlines was the COMPAS system, which is risk assessment software that is used to predict the likelihood of somebody being repeat offender. It turned out the system had a double racial bias, one in favour of white defendants, and one against black defendants.

To this day, the problems persist. By now, other cases have come to light. Similar to the problems with the COMPAS system, e.g., algorithms used in Kentucky for cash bail applications consistently preferred white defendants. The situation is similar in the UK, where a committee concluded that bias and inaccuracy render artificial intelligence (AI) algorithmic criminal justice tools unsuitable for assessing risk when making decisions on whether to imprison people or release them. Algorithmic bias was also discovered in systems to rank teachers, and for natural language processing. In the latter, there was a racial bias with regard to hate speech, as well as a gender bias in general.

To research and address the problems with Artificial Intelligence, the ‘AI Now Institute’ was created.  Bias is one of the four areas they specifically focus on. They found that bias may exist in all sorts of services and products. A key challenge we face in addressing the problems is that “crucial stakeholders, including the companies that develop and apply machine learning systems and government regulators, show little interest in monitoring and limiting algorithmic bias. Financial and technology companies use all sorts of mathematical models and aren’t transparent about how they operate.”

So, what is algorithmic bias? The Wikipedia defines it as “systematic and repeatable errors in a computer system that create unfair outcomes, such as privileging one arbitrary group of users over others. Bias can emerge due to many factors, including but not limited to the design of the algorithm or the unintended or unanticipated use or decisions relating to the way data is coded, collected, selected or used to train the algorithm.”

The AI Now Institute clarifies that artificial intelligence systems learn from data sets, and that those data sets reflect the social, historical and political conditions in which they were created. As such, they reflect existing biases.

It may be useful to make a distinction between different types of algorithmic bias. Eight different types have been identified thus far:

  1. Sample bias is the most common form of bias. It is when the samples used for the data sets are themselves contaminated with existing biases. The examples given above are all cases of sample bias.
  2. Prejudice bias is one of the causes of sample bias. Prejudice occurs as a result of cultural stereotypes in the people involved in the process. A good example of this are the New York Police Department’s stop and frisk practices. In approximately 83 percent of the cases, the person who was stopped was either African American or Hispanic, where both groups combined only make up just over half of the population. An AI system that learns form a data set like that will inherit the human racial bias that thinks people are more likely suspicious if they’re African American or Hispanic. So, because of prejudice, factors like social class, race, nationality, religion, and gender can creep into the model, and completely skew the results.
  3. Confirmation bias is another possible cause for sample bias. Confirmation bias is the tendency to give preference to information that confirm one’s existing beliefs. If AI systems are used to confirm certain hypotheses, the people selecting the data may – even subconsciously – be inclined to select the data in function of the hypothesis they’re trying to prove.
  4. Group Attribution Bias is the type of bias where the data set contains an asymmetric view of a certain group. An example for that was Amazon’s AI assistant for the Human Resources department. Because Amazon had far more male engineers working for them than female engineers, the system concluded that male engineers had to be given preference over female engineers.
  5. The Square Peg Bias has to do with selecting a data set that is not representative and is chosen because it just happens to be available. It is also known as the availability bias.
  6. The Bias-variance Trade-off. This is a bias that is introduced to the system by mathematically over-correcting for variance. (An example to clarify: Say you have a data set where 30% of the people involved are female. Therefore, females are effectively underrepresented in your data set. To compensate you use mathematical formulas to ‘correct’ the results). This mathematical correction can introduce new biases, especially in more complex data sets, where the corrections could lead to missing certain complexities.
  7. Measurement Bias has to do with technical flaws that contaminate the data set. Say you want to weigh people and use scales, but they’re not measuring correctly.
  8. Stereotype Bias. The example given above with Amazon also qualifies as a gender stereotype bias. There are more male engineers than female engineers. That may lead systems to favour male engineers, and/or to preserve the ratio existing in the data set.

The good news is that as we are getting better at understanding and identifying the different types of algorithmic bias, we also are getting better at finding solutions to counteract them.

 

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Marketing Essentials for Law Firms

For most, if not all law schools, marketing is not a part of the curriculum. That shouldn’t come as a surprise. Practicing law is one of the liberal professions, and as such is ruled by its own ethics which typically limit the marketing options of their members. While there may be differences from country to country and even from bar to bar, when it comes to marketing, lawyers are not allowed to do what companies are. Still, for the things that you are allowed to do as a lawyer, there are certain basic marketing principles that always apply, even whether it’s writing blog articles or about what you put on your website.

It is beyond the scope of one blog article to give a thorough introduction to marketing. So, we will stick to some essentials. These can be summarized in five sets of questions.

The first set of questions has to do with your target audience: Who is your target audience, and what are they looking for? You must identify your target audience and learn about their needs and their interests. Are they big businesses, small business, or specific types of individuals? You have to find out where can reach your target audience: e.g., on what social media they are, etc.

The second set of questions has to with differentiating yourself from the competition: What sets you apart from the competition? Who is your competition? What are they doing? What services are they offering? What makes you different from them? This does not have to be limited to legal services, but also applies to the whole ‘customer service’ aspect of things: how client-centric are your competitors, and is your law firm?

The third set of questions has to do with the message you want to communicate to your target audience: What is your message? This applies to any communications you have with clients or potential clients, whether it’s a blog article, a video, an image, your website … Your message has to be tailored to suit your target audience.

The fourth set of questions has to do with the presentation of your message: how do you present your message? This applies to the medium you choose, to the language and the visuals (imagery and video) you use, as well as the layout, … One important aspect of the language you use, e.g., is the readability of your texts. All of these, too, should be chosen to best suit your target audience.

A fifth set of questions has to do with building customer loyalty: how do I retain clients, and create repeat business? It is a good habit to regularly do specific campaigns for your existing clients.

Once you have answered all those questions, you can proceed to the next two groups of questions. These largely fall into two separate categories: questions about the operational aspect of your marketing, and about your online presence.

With regard to the operational side of things, you must ask yourself the following questions:

  • What is my business plan?
  • Will I handle my marketing internally or do I outsource?
  • What follow-up process do I have for prospective clients?
  • How many clients can I handle, at most?
  • What are my marketing goals?
  • What does my marketing budget look like? As a rule of thumb, it is generally recommended to spend at Least 2.5% of your revenue on marketing.

The last set of recommendations focuses more specifically on your online presence (website, blog, social media, etc.). Legal consumers are online customers: more than 90% of people with a legal issue look online for solutions first. If they need to get a lawyer, they mainly find them through recommendations and through online searches. But the vast majority of people looking to hire a lawyer will check that lawyer out online first, i.e. before contacting them. So, from a marketing point of view you should:

  • Have a (well-designed) website. Does your website live up to the current best practices?
  • Optimize your website for search engines: What are the keywords your target audience will be looking for?
  • Measure and track all of your marketing efforts. In a future article, we will focus more on the relevant marketing metrics, and what you can learn from them.
  • Install Google Analytics on your website, not only to keep track of who visits your website, but also to see which pages work and which don’t.
  • Maintain a digital database of all contacts so you can follow up effectively
  • Create Google, Facebook, and LinkedIn pages, because it is more than likely that that is where your target audience will find you.
  • Get reviews, testimonials, etc. In an online world, social proof is essential.

In future articles, we will deal more in detail with some of these aspects.

 

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