10.8.2016

Pro Information Retrieval Tips for Lawyers

Information retrieval is a vital part of every lawyer’s work. It can take up to a third of a lawyer’s working time, as my colleague Carola Lindholm wrote in her blog post in June. This being the case, what skills do you need for good information retrieval, how can you find reliable information quickly and what does the future of information retrieval look like?

Accuracy and Speed

Knowledge management, or KM, teams found their way into Finnish law firms around the year 2010. I start working in knowledge management in 2007. KM specialists are a very small profession in Finland. We all know each other and regularly exchange views, for example, concerning new databases and trends in the field.

In my work, I have noticed that accuracy, speed and problem-solving ability are important skills in information retrieval. Every retrieval assignment requires that I weigh what the best and most comprehensive possible result  is in the time available.

Reliable and Up-to-Date Sources Are Key

The spectrum of information requests I encounter in my work is very wide, from conservation areas for flying squirrels to requests for corporate information. An extra twist is that requests can involve domestic law, EU law or international law. It is often quicker and more cost-effective for clients that basic information retrieval is carried out by an experienced information retrieval professional.

Successful information retrieval requires that the information is up to date, reliable and easily accessible. For example, in Finland, the poor availability of Court of Appeal judgements can be a real challenge.

Our firm’s KM team has access to an extensive legal library, electronic literature and numerous legal and corporate databases such as Suomenlaki.comEdilexLexisnexis and Swedish Karnov.

My team has a wide range of tasks. For example, we may draft a legislation and case law monitoring memo for our firm’s employment lawyers or proofread a legal memorandum to ensure all of the citations of proposed EU directives are up to date.

The subjects of information retrieval assignments themselves also vary a great deal. These are just some of the subjects we have gathered information on over the years:

Tips for EU Data Retrieval

Due to the sheer amount and scope of information in EU databases, retrieving EU data can be challenging. Selecting the right search words is absolutely the key to a successful result. For example, in the EUR-Lex database, slightly altering how the search word is written can increase the number of hits from 200 to 2,000.

In EUR-Lex, many problems can be solved just by going directly to the advanced search and choosing which collection to search. For example, if you are looking for information on the EU’s Data Protection Regulation, go to ‘Advanced search’ and pick ‘Legislation’ as the collection to search.

It is also worth limiting the search to just the title in order to keep excess hits out of the results. As a comparison, if you just search for ‘data protection regulation’ using the simple search field, you get 105 hits as opposed to just one using advanced search.

When searching for EU legislation, always look for the most recent consolidated version, i.e. the up-to-date text. Consolidated means that any changes and corrections made after enactment are combined into one text. The consolidated version is available in EUR-Lex about two to three weeks after the amending act has entered into force.

An extra challenge posed by EU data retrieval is that there are no legislative materials published for EU norms, such as the government proposals published for Finnish legislation. On the other hand, support for the interpretation of EU norms can often be found in the other language versions of the text. Ultimately of course, the interpretation of a norm is the job of the Court of Justice of the European Union.

However, it is possible to follow the EU legislative process through the preparatory documents in EUR-Lex. The Commission’s COM documents are particularly useful in this respect. The European Parliament’s OEIL database is also a potential source for information on the progress of legislative work.

EUR-Lex also has many useful summaries of EU legislation that give a quick overview of subject and also include relevant case law. A recent example of a EU legislative summary is the right to be forgotten on the Internet.

Artificial Intelligence and the Future of Information Retrieval

It has been predicted that artificial intelligence will be part of daily life in law firms by 2020, and I think this will probably be the case. AI will be able to process of information, carry out searches, predict judgments, analyse contracts and manage documents.

Many international law firms, such as Linklaters, Berwin Leighton Paisner and Clifford Chance, already use AI for mass data searches. A famous example is IBM’s AI ‘attorney’ Ross, which provides data retrieval assistance in US law firm Baker & Hostetler.

Ross is able to rapidly search thousands of cases and laws and generate an answer in natural language. Ross also tirelessly monitors significant new cases and laws around the clock without human error. International law firm Clifford Chance also uses AI to review contracts and ensure cybersecurity.

It looks like the future will be nothing if not interesting in this field!

Latest references

We advised WithSecure Oyj in the sale of its open source data collection product and business to Patria Oyj. The divested business combining software and services falls outside WithSecure’s current strategy. Through the sale, WithSecure sharpens its focus on the Elements portfolio. WithSecure is a global cyber security company (listed on NASDAQ OMX Helsinki) with more than 35 years of industry experience. WithSecure offers partners flexible commercial models, ensuring mutual success across the dynamic cyber security landscape. Patria is an international company in the defence and security industry offering defence, security and aviation life cycle support services and technology solutions. As a result of the transaction, Patria will open a new office in Oulu and 10 WithSecure experts currently working in the business area will join Patria. 
Case published 30.9.2024
We advised A. Ahlström in establishing a corporate sustainability due diligence process plan which incorporates best practices and tailored solutions based on our expertise within relevant business sectors. Our comprehensive ESG offering also included tailored training for members of the investment team and management team and the board of directors of several portfolio companies. ‘The ESG team at Castrén & Snellman provided us with legal and practical advice around the ESG regulatory tsunami that we need to incorporate in our ESG work,’ comments Camilla Sågbom, Director, Sustainability and Communications, at A. Ahlström Oy. A. Ahlström is a family-owned industrial company, developing leading global specialist positions in Forest & Fiber and Environmental technology sectors.
Case published 5.9.2024
We represented Vapaus Bikes Finland Oy, a company offering employee benefit bikes, in its international EUR 10 million Series A funding round. The investors behind the funding are private equity investors Shift4Good and Superhero Capital Ltd as well as Tesi together with the European Guarantee Fund of the European Investment Bank. The equity-based funding will support the company’s international expansion, software development, platform automation, and the growth of its concept for the second-hand market of bikes. Vapaus Bikes Finland is at the forefront of sustainable mobility services and has been a pioneer in the Employee Benefit Bikes sector since late 2020. It has been ranked among Finland’s fastest growing companies. Shift4Good is an impact venture capital fund focused on the decarbonisation of the transportation sector. Tesi (officially Finnish Industry Investment Ltd) is a state-owned, market-driven investment company that invests in venture capital and private equity funds and directly in Finnish startups and growth companies.
Case published 21.8.2024
We successfully acted for the City of Rovaniemi in a matter concerning offence in public office and damages claims in relation to a significant investment decision made by the city. The defendants were the city’s former municipal corporate officer, who was in an employment relationship, and a city treasurer, who was in a public-service employment relationship and acted as the supervisor of the municipal corporate officer. The criminal matter related to the City Board’s decision to invest EUR 2 million of the city’s funds in bonds offered by a newly established investment company in accordance with a decision prepared by the defendants. A significant part of the company’s operations involved quick loan business. The main legal question in the matter was whether the investment of public funds constitutes an exercise of public authority and whether regulation on offences in public office therefore becomes applicable even to a person in an employment relationship. The municipal corporate officer in an employment relationship was charged with aggravated abuse of public office based on her negligence in the preparation and presentation of the investment decision as well as based on a conflict of interest due to the fact that she had invested her own money in a company that received funding from the investment target presented to the City Board. The charges of an offence in public office against the city treasurer concerned his position as the supervisor and reporter of the city’s investment activities. He was also involved in the preparation and presentation of the City Board’s decision. The processing of the matter started in the District Court of Lapland in June 2022. In its judgment given in August 2022, the District Court stated, based among other things on our argumentation, that the investment of public funds constitutes an exercise of public authority and that regulation on offences in public office can therefore be applied to the municipal corporate officer. The District Court deemed that the conduct of the former municipal corporate officer fulfils the characteristics of abuse of public office and that the conduct of the former city treasurer fulfils the characteristics of violation of official duty with respect to the preparation of the investment decision, but the right to bring charges had become time-barred. Punishments could therefore not be imposed on the defendants, but the defendants were ordered to jointly and severally pay the city approximately EUR 114,000 in damages plus interest for late payment. The city treasurer’s share of the amount was 10%. The prosecutor accepted the judgment but the other parties appealed it to the Court of Appeal. Acting for the city, we pursued claims for both punishment and damages in the Court of Appeal. The Rovaniemi Court of Appeal processed the matter in November and December 2023. In its judgment given in June 2024, the Court of Appeal upheld the District Court’s judgment with respect to the abuse of public office and violation of official duty. The Court of Appeal deemed that the municipal corporate officer had failed in her duty to declare the conflict of interest. In addition, she had failed in her duty to ensure that the prepared decision was in compliance with the city’s investment guidelines and that it had been properly put out to tender. The Court of Appeal also found that the text of the investment proposal was insufficient and misleading and that the municipal corporate officer’s conduct was intentional. As regards the city treasurer, the Court of Appeal held that he had failed in his duty to ensure that the investment proposal to the City Board complied with the investment guidelines, that the presentation was not misleading and that risks were taken into account as required by the investment guidelines. With the judgement, the Court of Appeal took a clear position that abuse in public offices and when exercising public authority is not acceptable. The judgment is also significant as it declares that investing public funds constitutes an exercise of public authority and that the liability for acts in office therefore becomes applicable even to persons in employment relationships. In addition, a key question for the Court of Appeal to assess was defining the amount of economic damage in a matter related to investment activities. The Court of Appeal held based on our arguments that the conduct of the municipal corporate officer and the city treasurer had caused damage to the city. The Court of Appeal increased the amount of damages to EUR 210,000 with the city treasurer’s share limited to 10%. The amount was increased because the Court of Appeal deemed that the city had suffered damage not only in terms of the loss of capital but also in terms of the loss of estimated return on investment. The judgement is not final.
Case published 21.8.2024