Photo of Marc Lauritsen

Marc Lauritsen, president of Capstone Practice Systems and author of The Lawyer's Guide to Working Smarter with Knowledge Tools, is a Massachusetts lawyer, technologist, and educator who helps people work more effectively through knowledge systems.  He has taught at five law schools, done path-breaking work on document automation and decision support systems, and run several software companies.

Source:Danny Kahneman on Decision Hygiene,” Jury Analyst, July 22, 2021

Decision hygiene is to product and service selection as testing is to software development.  Skip them at your peril.


Decisions about technology can be noisy affairs.

(Please take a moment to relive one you were part of.)

As Daniel Kahneman, Olivier Sibony, and Cass Sunstein masterfully point out in Noise (2021), noise is different than bias. It’s an independent contributor to infelicitous results in professional (and other) judgments. Noise tends to be an invisible enemy. Bias, more obvious, moves decisions in particular directions; noise just adds errors through unwanted variability. Responsible decision-makers seek to minimize both.

The Noise authors provide vivid examples of judgments in which noise plays a role, including some in law, like judicial sentencing decisions, which have been shown to turn on such things as the outside temperature or whether the local city’s football team won its most recent game. Contexts like insurance underwriting can operate like lotteries. As the authors say, “wherever there is judgment, there is noise” (p 12).  We are all noisy.
Continue Reading Keeping the noise down in tech selection (325)

First-gen matrix for evaluating software options. Harvard Law School, circa 1985.

Oh, the Humanity!  We can choose to choose better.


My first serious experience choosing law-related technology was in early 1985. Personal computers had just been introduced in the Harvard Law School clinics (as part of Project Pericles) and we had to decide which software to use for word processing. (WordPerfect was around, but we somehow missed it.) So I typed up a chart on an electric typewriter and added lines by pencil. See above graphic.  We wanted to be sure our choice did things like automatically centering text.

Such charts are familiar to product choosers everywhere. Options on one axis; features or considerations on the other. Ideally incorporating some sense of the relative importance of the latter. (One defect of the above chart is that there’s a “How desirable?” column for each option. Perceived importance of factors may vary across decision-makers, but shouldn’t differ by option.)
Continue Reading The social life of legal tech choices (309)


Combing through the past to prepare lawyers for the future.


I’m offering a new course this fall at Suffolk University Law School in Boston called Shakespeare and Knowledge Technology.

Odd combination, right?  I know. But hopefully not as odd as you may think.

Especially in their final year of study, many law students are bored with academics and anxious to get out into paying practice. Courses that delve into seemingly unrelated subjects, like early modern literature, offer respite. Courses that provide hands-on exposure to cutting-edge legal technology kindle much positive energy. Why not both?!

Bear with me for a moment while I talk about Shakespeare. Then I will explain how he provides a great context for learning about knowledge tech.
Continue Reading Looking at legal knowledge technology through an unusual lens (301)