Legal information retrieval is the science of information retrieval applied to legal text, including legislation, case law, and scholarly works. Accurate legal information retrieval is important to provide access to the law to laymen and legal professionals. Its importance has increased because of the vast and quickly increasing amount of legal documents available through electronic means. Legal information retrieval is a part of the growing field of legal informatics. In a legal setting, it is frequently important to retrieve all information related to a specific query. However, commonly used boolean search methods (exact matches of specified terms) on full text legal documents have been shown to have an average recall rate as low as 20 percent, meaning that only 1 in 5 relevant documents are actually retrieved. In that case, researchers believed that they had retrieved over 75% of relevant documents. This may result in failing to retrieve important or precedential cases. In some jurisdictions this may be especially problematic, as legal professionals are ethically obligated to be reasonably informed as to relevant legal documents. Legal Information Retrieval attempts to increase the effectiveness of legal searches by increasing the number of relevant documents (providing a high recall rate) and reducing the number of irrelevant documents (a high precision rate). This is a difficult task, as the legal field is prone to jargon, polysemes (words that have different meanings when used in a legal context), and constant change. Techniques used to achieve these goals generally fall into three categories: boolean retrieval, manual classification of legal text, and natural language processing of legal text.
Problems Application of standard information retrieval techniques to legal text can be more difficult than application in other subjects. One key problem is that the law rarely has an inherent taxonomy. Instead, the law is generally filled with open-ended terms, which may change over time. This can be especially true in common law countries, where each decided case can subtly change the meaning of a certain word or phrase. Legal information systems must also be programmed to deal with law-specific words and phrases. Though this is less problematic in the context of words which exist solely in law, legal texts also frequently use polysemes, words may have different meanings when used in a legal or common-speech manner, potentially both within the same document. The legal meanings may be dependent on the area of law in which it is applied. For example, in the context of European Union legislation, the term "worker" has four different meanings:
Any worker as defined in Article 3(a) of Directive 89/391/EEC who habitually uses display screen equipment as a significant part of his normal work. Any person employed by an employer, including trainees and apprentices but excluding domestic servants; Any person carrying out an occupation on board a vessel, including trainees and apprentices, but excluding port pilots and shore personnel carrying out work on board a vessel at the quayside; Any person who, in the Member State concerned, is protected as an employee under national employment law and in accordance with national practice; It also has the common meaning:
A person who works at a specific occupation.
Though the terms may be similar, correct information retrieval must differentiate between the intended use and irrelevant uses in order to return the correct results. Even if a system overcomes the language problems inherent in law, it must still determine the relevancy of each result. In the context of judicial decisions, this requires determining the precedential value of the case. Case decisions from senior or superior courts may be more relevant than those from lower courts, even where the lower court's decision contains more discussion of the relevant facts. The opposite may be true, however, if the senior court has only a minor discussion of the topic (for example, if it is a secondary consideration in the case). An information retrieval system must also be aware of the authority of the jurisdiction. A case from a binding authority is most likely of more value than one from a non-binding authority. Additionally, the intentions of the user may determine which cases they find valuable. For instance, where a legal professional is attempting to argue a specific interpretation of law, he might find a minor court's decision which supports his position more valuable than a senior courts position which does not. He may also value similar positions from different areas of law, different jurisdictions, or dissenting opinions. Overcoming these problems can be made more difficult because of the large number of cases available. The number of legal cases available via electronic means is constantly increasing (in 2003, US appellate courts handed down approximately 500 new cases per day), meaning that an accurate legal information retrieval system must incorporate methods of both sorting past data and managing new data.
Techniques
Boolean searches Boolean searches, where a user may specify terms such as use of specific words or judgments by a specific court, are the most common type of search available via legal information retrieval systems. They are widely implemented but overcome few of the problems discussed above. The recall and precision rates of these searches vary depending on the implementation and searches analyzed. One study found a basic boolean search's recall rate to be roughly 20%, and its precision rate to be roughly 79%. Another study implemented a generic search (that is, not designed for legal uses) and found a recall rate of 56% and a precision rate of 72% among legal professionals. Both numbers increased when searches were run by non-legal professionals, to a 68% recall rate and 77% precision rate. This is likely explained because of the use of complex legal terms by the legal professionals.
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