A process specification of expert lawyer reasoning

  • Authors:
  • D. P. O'Neil

  • Affiliations:
  • Harvard Univ., Cambridge, MA

  • Venue:
  • ICAIL '87 Proceedings of the 1st international conference on Artificial intelligence and law
  • Year:
  • 1987

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Abstract

The ability to think like a lawyer is an often heard phrase but a vaguely understood phenomena. What is lawyer reasoning? Does it differ from reasoning in other fields and disciplines? This paper begins to answer these questions by explicating the problem solving and reasoning processes of an experienced practicing attorney and law professor in the field of housing law. A particularly noteworthy finding of these investigations involves the subject's construction and use of “component” mental models and “stories”. The active construction of mental models and the coherence of stories comprise the expert's problem solving and ald indexing and retrieval of legal theories from previous case experiences in episodic memory. These characteristics have strong architectural consequences for the use of artificial intelligence tools and techniques in law. Parallels are drawn between the approach taken in this study of lawyer reasoning and the growing body of research on “mental models”. Current efforts aimed at specifying the conceptual differences between novice and expert practitioners are outlined.