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Mar 14

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.

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.

LexEval: A Comprehensive Chinese Legal Benchmark for Evaluating Large Language Models

Large language models (LLMs) have made significant progress in natural language processing tasks and demonstrate considerable potential in the legal domain. However, legal applications demand high standards of accuracy, reliability, and fairness. Applying existing LLMs to legal systems without careful evaluation of their potential and limitations could pose significant risks in legal practice. To this end, we introduce a standardized comprehensive Chinese legal benchmark LexEval. This benchmark is notable in the following three aspects: (1) Ability Modeling: We propose a new taxonomy of legal cognitive abilities to organize different tasks. (2) Scale: To our knowledge, LexEval is currently the largest Chinese legal evaluation dataset, comprising 23 tasks and 14,150 questions. (3) Data: we utilize formatted existing datasets, exam datasets and newly annotated datasets by legal experts to comprehensively evaluate the various capabilities of LLMs. LexEval not only focuses on the ability of LLMs to apply fundamental legal knowledge but also dedicates efforts to examining the ethical issues involved in their application. We evaluated 38 open-source and commercial LLMs and obtained some interesting findings. The experiments and findings offer valuable insights into the challenges and potential solutions for developing Chinese legal systems and LLM evaluation pipelines. The LexEval dataset and leaderboard are publicly available at https://github.com/CSHaitao/LexEval and will be continuously updated.

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.

Towards Best Practices for Open Datasets for LLM Training

Many AI companies are training their large language models (LLMs) on data without the permission of the copyright owners. The permissibility of doing so varies by jurisdiction: in countries like the EU and Japan, this is allowed under certain restrictions, while in the United States, the legal landscape is more ambiguous. Regardless of the legal status, concerns from creative producers have led to several high-profile copyright lawsuits, and the threat of litigation is commonly cited as a reason for the recent trend towards minimizing the information shared about training datasets by both corporate and public interest actors. This trend in limiting data information causes harm by hindering transparency, accountability, and innovation in the broader ecosystem by denying researchers, auditors, and impacted individuals access to the information needed to understand AI models. While this could be mitigated by training language models on open access and public domain data, at the time of writing, there are no such models (trained at a meaningful scale) due to the substantial technical and sociological challenges in assembling the necessary corpus. These challenges include incomplete and unreliable metadata, the cost and complexity of digitizing physical records, and the diverse set of legal and technical skills required to ensure relevance and responsibility in a quickly changing landscape. Building towards a future where AI systems can be trained on openly licensed data that is responsibly curated and governed requires collaboration across legal, technical, and policy domains, along with investments in metadata standards, digitization, and fostering a culture of openness.

Foundation Models and Fair Use

Existing foundation models are trained on copyrighted material. Deploying these models can pose both legal and ethical risks when data creators fail to receive appropriate attribution or compensation. In the United States and several other countries, copyrighted content may be used to build foundation models without incurring liability due to the fair use doctrine. However, there is a caveat: If the model produces output that is similar to copyrighted data, particularly in scenarios that affect the market of that data, fair use may no longer apply to the output of the model. In this work, we emphasize that fair use is not guaranteed, and additional work may be necessary to keep model development and deployment squarely in the realm of fair use. First, we survey the potential risks of developing and deploying foundation models based on copyrighted content. We review relevant U.S. case law, drawing parallels to existing and potential applications for generating text, source code, and visual art. Experiments confirm that popular foundation models can generate content considerably similar to copyrighted material. Second, we discuss technical mitigations that can help foundation models stay in line with fair use. We argue that more research is needed to align mitigation strategies with the current state of the law. Lastly, we suggest that the law and technical mitigations should co-evolve. For example, coupled with other policy mechanisms, the law could more explicitly consider safe harbors when strong technical tools are used to mitigate infringement harms. This co-evolution may help strike a balance between intellectual property and innovation, which speaks to the original goal of fair use. But we emphasize that the strategies we describe here are not a panacea and more work is needed to develop policies that address the potential harms of foundation models.

Interpretable Long-Form Legal Question Answering with Retrieval-Augmented Large Language Models

Many individuals are likely to face a legal dispute at some point in their lives, but their lack of understanding of how to navigate these complex issues often renders them vulnerable. The advancement of natural language processing opens new avenues for bridging this legal literacy gap through the development of automated legal aid systems. However, existing legal question answering (LQA) approaches often suffer from a narrow scope, being either confined to specific legal domains or limited to brief, uninformative responses. In this work, we propose an end-to-end methodology designed to generate long-form answers to any statutory law questions, utilizing a "retrieve-then-read" pipeline. To support this approach, we introduce and release the Long-form Legal Question Answering (LLeQA) dataset, comprising 1,868 expert-annotated legal questions in the French language, complete with detailed answers rooted in pertinent legal provisions. Our experimental results demonstrate promising performance on automatic evaluation metrics, but a qualitative analysis uncovers areas for refinement. As one of the only comprehensive, expert-annotated long-form LQA dataset, LLeQA has the potential to not only accelerate research towards resolving a significant real-world issue, but also act as a rigorous benchmark for evaluating NLP models in specialized domains. We publicly release our code, data, and models.

LeCaRDv2: A Large-Scale Chinese Legal Case Retrieval Dataset

As an important component of intelligent legal systems, legal case retrieval plays a critical role in ensuring judicial justice and fairness. However, the development of legal case retrieval technologies in the Chinese legal system is restricted by three problems in existing datasets: limited data size, narrow definitions of legal relevance, and naive candidate pooling strategies used in data sampling. To alleviate these issues, we introduce LeCaRDv2, a large-scale Legal Case Retrieval Dataset (version 2). It consists of 800 queries and 55,192 candidates extracted from 4.3 million criminal case documents. To the best of our knowledge, LeCaRDv2 is one of the largest Chinese legal case retrieval datasets, providing extensive coverage of criminal charges. Additionally, we enrich the existing relevance criteria by considering three key aspects: characterization, penalty, procedure. This comprehensive criteria enriches the dataset and may provides a more holistic perspective. Furthermore, we propose a two-level candidate set pooling strategy that effectively identify potential candidates for each query case. It's important to note that all cases in the dataset have been annotated by multiple legal experts specializing in criminal law. Their expertise ensures the accuracy and reliability of the annotations. We evaluate several state-of-the-art retrieval models at LeCaRDv2, demonstrating that there is still significant room for improvement in legal case retrieval. The details of LeCaRDv2 can be found at the anonymous website https://github.com/anonymous1113243/LeCaRDv2.

SAILER: Structure-aware Pre-trained Language Model for Legal Case Retrieval

Legal case retrieval, which aims to find relevant cases for a query case, plays a core role in the intelligent legal system. Despite the success that pre-training has achieved in ad-hoc retrieval tasks, effective pre-training strategies for legal case retrieval remain to be explored. Compared with general documents, legal case documents are typically long text sequences with intrinsic logical structures. However, most existing language models have difficulty understanding the long-distance dependencies between different structures. Moreover, in contrast to the general retrieval, the relevance in the legal domain is sensitive to key legal elements. Even subtle differences in key legal elements can significantly affect the judgement of relevance. However, existing pre-trained language models designed for general purposes have not been equipped to handle legal elements. To address these issues, in this paper, we propose SAILER, a new Structure-Aware pre-traIned language model for LEgal case Retrieval. It is highlighted in the following three aspects: (1) SAILER fully utilizes the structural information contained in legal case documents and pays more attention to key legal elements, similar to how legal experts browse legal case documents. (2) SAILER employs an asymmetric encoder-decoder architecture to integrate several different pre-training objectives. In this way, rich semantic information across tasks is encoded into dense vectors. (3) SAILER has powerful discriminative ability, even without any legal annotation data. It can distinguish legal cases with different charges accurately. Extensive experiments over publicly available legal benchmarks demonstrate that our approach can significantly outperform previous state-of-the-art methods in legal case retrieval.

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.

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.

MUSER: A Multi-View Similar Case Retrieval Dataset

Similar case retrieval (SCR) is a representative legal AI application that plays a pivotal role in promoting judicial fairness. However, existing SCR datasets only focus on the fact description section when judging the similarity between cases, ignoring other valuable sections (e.g., the court's opinion) that can provide insightful reasoning process behind. Furthermore, the case similarities are typically measured solely by the textual semantics of the fact descriptions, which may fail to capture the full complexity of legal cases from the perspective of legal knowledge. In this work, we present MUSER, a similar case retrieval dataset based on multi-view similarity measurement and comprehensive legal element with sentence-level legal element annotations. Specifically, we select three perspectives (legal fact, dispute focus, and law statutory) and build a comprehensive and structured label schema of legal elements for each of them, to enable accurate and knowledgeable evaluation of case similarities. The constructed dataset originates from Chinese civil cases and contains 100 query cases and 4,024 candidate cases. We implement several text classification algorithms for legal element prediction and various retrieval methods for retrieving similar cases on MUSER. The experimental results indicate that incorporating legal elements can benefit the performance of SCR models, but further efforts are still required to address the remaining challenges posed by MUSER. The source code and dataset are released at https://github.com/THUlawtech/MUSER.

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.

LegalVis: Exploring and Inferring Precedent Citations in Legal Documents

To reduce the number of pending cases and conflicting rulings in the Brazilian Judiciary, the National Congress amended the Constitution, allowing the Brazilian Supreme Court (STF) to create binding precedents (BPs), i.e., a set of understandings that both Executive and lower Judiciary branches must follow. The STF's justices frequently cite the 58 existing BPs in their decisions, and it is of primary relevance that judicial experts could identify and analyze such citations. To assist in this problem, we propose LegalVis, a web-based visual analytics system designed to support the analysis of legal documents that cite or could potentially cite a BP. We model the problem of identifying potential citations (i.e., non-explicit) as a classification problem. However, a simple score is not enough to explain the results; that is why we use an interpretability machine learning method to explain the reason behind each identified citation. For a compelling visual exploration of documents and BPs, LegalVis comprises three interactive visual components: the first presents an overview of the data showing temporal patterns, the second allows filtering and grouping relevant documents by topic, and the last one shows a document's text aiming to interpret the model's output by pointing out which paragraphs are likely to mention the BP, even if not explicitly specified. We evaluated our identification model and obtained an accuracy of 96%; we also made a quantitative and qualitative analysis of the results. The usefulness and effectiveness of LegalVis were evaluated through two usage scenarios and feedback from six domain experts.