Legal Knowledge

Based Systems
Erasmus University Rotterdam – 19 May 2010
Michaël van Leeuwen
Agenda

1. Labyrinth of information
2. Software as a solution
3. Difficulties with software
4. New generation of tools
5. How to design your application
6. Example case
7. Conclusions

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 Legislation

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 Explanatory Memorandum

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 Case Law

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 Local Legislation

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

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

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Labyrinth of
›rules
›laws
›articles
›…

Information.

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Legal experts can translate basic information to:

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

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 Made-to-measure advice is expensive.

Lots of people are looking for specific answers

for their situation: more than just information.

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Agenda

1. Labyrinth of information
2. Software as a solution
3. Difficulties with software
4. New generation of tools
5. How to design your application
6. Example case
7. Conclusions

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

›Provide structure for all parties

›Uniformity in decision-making
›Transparancy
›Large reach

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Software also makes sharing knowledge with
colleagues easier and can potentially
reduce costs and save time.

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Agenda

1. Labyrinth of information
2. Software as a solution
3. Difficulties with software
4. New generation of tools
5. How to design your application
6. Example case
7. Conclusions

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Main problems with software:

› Maintenance
› Miscommunication

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Maintenance problem:

Legal information changes all the time.

software = outdated

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Preventing software from being outdated:

› No static copy of, but dynamic links to info

› Very active legal experts for structural changes

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

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

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…which leads to the next problem:

Legal experts and software

engineers are not the best
match in communication..
(to put it mildly).

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Agenda

1. Labyrinth of information
2. Software as a solution
3. Difficulties with software
4. New generation of tools
5. How to design your application
6. Example case
7. Conclusions

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 Solution:

Put the legal expert in control

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

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 Term often used is: business rule.

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

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The Berkeley Publisher aims to put
experts in control of their applications.

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 Graphical drawing of
decision trees.

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 Adding questions,
conclusions, documents
and calculations.

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 Setting conditions
for the decision tree.

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

And much more…

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 Example: RechtOp-wijzer.

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Behind the screen.

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 Example: Algemene Voorwaarden.

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 Example: Vergunningenloket.

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Agenda

1. Labyrinth of information
2. Software as a solution
3. Difficulties with software
4. New generation of tools
5. How to design your application
6. Example case
7. Conclusions

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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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Agenda

1. Labyrinth of information
2. Software as a solution
3. Difficulties with software
4. New generation of tools
5. How to design your application
6. Example case
7. Conclusions

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

Scope: Dutch rules & regulations on electronic B2C-spam as

mentioned in art. 11.71 of the Telecommunicatiewet.
Target audience: Companies operating from Dutch territory.
Possible conclusions: Allowed / Not allowed to send mailing.

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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 mailing
No: next question

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Required data: - Is the mailing about your own products or services and has the
receiver bought any of those in the past?
Yes: next question
No: 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 question
No: 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 mailing
No: you are not allowed to send this mailing

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

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Agenda

1. Labyrinth of information
2. Software as a solution
3. Difficulties with software
4. New generation of tools
5. How to design your application
6. Example case
7. Conclusions

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Key success factors:

›Translation of information to application

›Maintenance / agility
›Change management

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 Common objection to the automation
of legal knowledge: “My knowledge
is too complex to put in an application.”

Innovative organisations disagree.

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 The need for innovative legal
experts is growing, fast.

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 questions
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