Artificial Intelligence (AI) In Law; Pros & Cons
Legal Automation, It’s Here
Whether we like it or not Artificial Intelligence (AI) is here. It has become the hottest topic in the legal field. Yes, Lady Justice and her scales may become robotic.
What Is AI?
“According to 10 U.S. Code § 2358, AI is defined as:
“Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets.
An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.
An artificial system designed to think or act like a human, including cognitive architectures and neural networks.
A set of techniques, including machine learning, that is designed to approximate a cognitive task.
An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.”
Legal technology and automation promise to ensure efficiency and freeing of more time for legal professionals and their clients. But many argue that shifting “legal responsibility to a computer or to an algorithm rather than take on the responsibility as an individual is inappropriate.”
I think before we can determine one way or the other, we need to first look at the positive and negative effects AI can have on the legal field.
Pros
Provides a better client experience. The client receives more hands-on attention through the legal process.
Increases Productivity. Legal professionals can take on more tasks and grow as professionals.
Streamline and delegate tasks appropriately. Less conversation, more action.
Shareable internal intake forms. The standard of how a law firm retains a client is universal.
Digital intake process (optional). Some clients may feel more comfortable using a law firm’s database to share the details of their case.
Timesaver when conducting legal research. Legal professionals will utilize one source to conduct research across many avenues of research and case law.
Master Online Dashboard. Any working professional can internally know the status of an active case.
Cons
Grey area when it comes to billable hours. What can you bill for? What can you not bill for? Will all law firms be required to uphold the same standard for billable hours?
Law firms will lose money. Attorney time and legal support staff time billed will not be what it once was. The speed at which AI generates information will cause law firms to have lower billable hours.
Privacy issues. Clients may not feel comfortable having their private information fed into an algorithm.
More time is taken to review the accuracy of the generated work product. The accuracy of AI is not foolproof. A legal professional will still have to review the generated work for accuracy and relevance.
Relevance of case law applied. Case law is constantly evolving. Outdated case law is usually flagged on other legal search engines. An algorithm will not be foolproof when it comes to deciphering between case law that applies and does not apply.
More responsibility on lawyers. Yet again, lawyers will be expected to keep up with the ever-evolving terms of AI because they are the ones admitted. This will include more certification and schooling.
Racial, ethnic, or other demographic, geographic, or socioeconomic bias. I believe this con speaks for itself.
Who Does AI Really Benefit?
Legal professionals have a duty to their clients above all else. We can determine from the con list, that AI will benefit the client. AI can also streamline internal workflow in law firms. However, how does AI necessarily benefit legal professionals?
Now, before you think I have decided against AI, I challenge you to take a moment and look at the complexities that arise from AI. Just because something appears to make things easier doesn’t necessarily mean it is better or safer. AI may save time and money but it can also wreak havoc on legal professionals and the internal systems of law firms. Adding to that thought, having more time for other tasks means taking on more than one should. What does that cause? Burnout.
That is correct, we can conclude that with the use of AI, while it is beneficial to the client, and can speed up internal workflow, it can be extremely dangerous to legal professionals’ well-being. Legal professionals are not robots. Law and order are not determined by an algorithm. With that said Lady Justice will never be robotic. Her scales are forever an aura of balance and justice determined by a moral and human judicial system.
Final Thoughts
Here is what I think about AI. I haven’t decided one way or the other if it is good or bad. I think AI is an innovative approach to a very time-consuming and tedious profession. I think the legal field has remained outdated in some areas and quite innovative in other areas. I think AI would complement the innovative side of law depending on the field in which it is used. I think AI would be beneficial to certain types of law but not all.
I think AI is a very complex tool that should be used with the utmost caution. I think AI in the legal field should be universally monitored. There should be a standard to which it is used and applied, especially in the courts. However, I look forward to participating in ongoing education for AI and seeing where it takes us.
