Authored By: Priya Nayyar
Queen Mary University of London
Abstract:
Artificial Intelligence is a pivotal force shaping the legal landscape, whilst offering a blend of benefits and challenges. The downsides should not be underplayed as they challenge ethical standards, legal accountability and eliminate a human-centred approach of law. This paper delves into the evolution of AI in legal system and how it enhances but also challenges essential legal functions. This study argues that realising AI’s true potential requires a balanced approach which embraces its capabilities whilst guarding against the inherent risks that arise with technological developments. The analysis concludes with a foresight into the imminent future of AI into law and strategies in which challenges can be mitigated.
Introduction:
AI’s contribution to the legal domain is producing both beneficial and detrimental effects. As Gordon underlines, the nature of AI does not stop at national borders; it is inherently global. This is why a unified approach is required to address the legal challenges posed by AI.[1] It is vital to examine the recent evolution of AI and its current usage. This article will explore the opportunities that AI offers to make the legal system more efficient and proactive. At the same time, it will also address the legitimate concerns of the “techlash” surrounding AI where the unchecked AI can disrupt legal processes.
The preliminary findings articulate how the negative aspects of AI are often overstated, embracing the benefits of AI requires a careful balance between legal and ethical considerations. Following an examination of dual natured reality of AI, this article will also offer foresight into the future trajectory of AI into the legal sphere.
Defining AI and Examining its current application in the legal sector
According to Marvin Minsky, AI can be defined as a branch of computer science research that focusses on computationally modelling behaviour regarded as intelligent when performed by humans.[2] While the term “AI” embodies a multitude of concepts, the definition proposed by European Commission is at consensus with Minsky where AI is characterised as a system which displays intelligent behaviour by analysing their environment and taking actions with some degree of autonomy.[3]
There is no general statutory regulation of AI in the UK, various areas of law touch on AI regulation.[4] A government paper in March 2023 white paper establishes the primary steps in creating a specific framework for “AI regulation”[5] This reflects a growing understanding of the need for legal transparency and greater clarity in the legal framework.
UK’s position is not on par with their foreign counterparts in response to AI regulation as the European Union’s AI[6] Act has a more active regulatory approach in categorising AI use into risk tiers with corresponding legal obligations and significant financial penalties for misuse. While AI is utilised globally, the attempts to legislate and regulate AI remains, asymmetrical and fragmented which may lead to further uncertainty.
The primary examination is the role of AI in the legal system today and identifying its current usages. The application of AI within UK’s law firms have accelerated significantly. This can be substantiated from the statistical finding of 2024 Lexis Nexis survey where it has been reported that over 12,000 legal professionals have revealed that AI adoption has doubled in recent months. In response, many law firms are reallocating their budgets to invest in generative AI tools, which underscores the value and growing prominence of its application.[7]
Norton Rose Fulbright has been able to use AI assisted discovery tools to supplement UK government’s COVID-19 inquiry. While the forces of AI played an essential role in aiding government in unprecedented times to undertake efficient processing of documents and reviewing materials related to children rights. A mid-sized firm invested in £250,000 in AI and collaborated with A tech-start up Robin Ai, to improve efficiency in contract reviews and reports. This has also been displayed by a leading global firm such as Allen and Overy who have utilised AI to further legal research with Ai tool, known as Harvey Ai.
These examples establish how the legal system have incorporated Ai into their core legal processes
The Expanding Reach of AI Beyond the Legal Sector
Given the rapid advancement of AI and its implications for every sector in society, it is vital to examine the the diverse impact it pervades on different fields.
STEM Research
Prior to the recent growth of AI, a notable position of AI’s implementation was in STEM research.
The use of AI-based learning tools carve a new definition in how students engage with STEM concepts as there are new avenues to access information and learning algorithms can provide better opportunities for students to explore complex concepts which traditional classroom education cannot accommodate. The growth of AI leads to greater access to resources and expertise where AI can close educational gaps by making high quality STEM resources accessible but also encourage student participation and exposure to the dynamic world of STEM.[8]
Healthcare
AI does not only have a role in facilitating research but also has a profound impact on the healthcare system The primary use of AI is supporting medical professionals become more efficient when processing necessary paperwork and the manage financial accounts. This allows us to see the unrestrained potential that AI has to bring all medical knowledge available for any disease and achieving greater understanding of how new forms of medicine can treat different symptoms.[9]
Policing
The application of Al in policing presents both prospects and moral predicaments. In the US specifically, the policing department has been able to embrace predicative policing algorithms to forecast where crimes will occur and allocate resources accordingly. While these tools do improve the response times of essential public authorities and increase arrest rates, they also raise ethical dilemmas. As the growth of algorithms can disproportionately impact, meaning that police departments will target generalised communities such as black community. This raises the question whether have been used as a tool for public safety or perverted as an authoritarian weapon.[10]
As expressed by Joseph Fuller, virtually every big company now has multiple Al systems and counts the deployment of AI as integral to their strategy. This states that AI’s function is not limited to performing basic administrative tasks but it has developed in value and sophistication as it is becoming an integral force in shaping myriad of sectors. [11]
Benefits of AI for the legal system
Due to the increasing use of AI and its integration into legal domain, it is vital to consider its benefits. Thomson Reuters expresses that the benefits AI offers to legal domain are significant as they have the potential to transform the way in which legal professionals deliver value and service to clients.
Productivity
Methodical tasks performed by lawyers are time consuming, reducing the efficiency and adding to their workload. Tasks such as drafting essential contracts[12] can be made much more efficient where an AI tool can automate the complex process so lawyers can invest in substance over formality.[13] The Future of Professionals Report predicts that AI can help free up 4 hours of a legal professional’s time per week.[14]
Research
Another benefit of AI for the legal system is that there are also tools which can be adopted to conduct research on cases, precedents and other legal topics. These technologies have the ability to summarise legal materials in a fraction of time, limiting the need for manual review. This demonstrates how the force of AI can enhance level of legal analysis but also act as a safeguard for human oversights. As Beckhaus notes, “Generative AI not only retrieves information but contextualises it, connecting disparate pieces of data and our knowledge pool.” reinforcing the benefits of AI in practice.[15]
Legal Accessibility
The role of technology can also promote greater access to justice like: Do Not Pay[16] which is a legal chatbot which has been developed to offer legal advice to those who are unable to afford legal services. Due to the current reduction in legal aid, it is clear that the levels of access to justice are now unsatisfactory which defines that legal chatbots can help bridge the gap and redress such deficits. The impact of AI on legal accessibility has been demonstrated by Norton Rose Fulbright and their collaboration with Justice Connect. Their aim is to create a technological model which simplifies technical concepts without the complexity of legal jargon in order to help them understand the nature of their legal issues.
Alternative products have also been developed such as self-help tools for renters, app designed by family lawyers to help with divorce and parenting arrangements and technology used to match refugees to locations. This underlines that the value of legal innovation in supplementing greater access to justice showing us the potential integration of AI has. [17]
Global Applicability
The final benefit that AI imbues on the legal landscape is the global potential as it allows legal frameworks to be applied across multiple jurisdictions and languages. In large commercial firms, legal professionals revel in depths of law that span multiple countries. This encourages a faster understanding of foreign language documents when there is a scarcity of expert human translators. Additionally, AI enhances the accuracy and speed of translating documents, maintaining consistency across legal terminology and preserving the true legal meaning.
To summarise, the integration of artificial intelligence does not only advance productivity levels of lawyers but is revolutionising force for the legal domain making it productive, efficient and equitable legal system.
Downsides of use AI in the legal domain
It is now well established that as there has been an exponential growth in usage of AI in the legal system, it is clear that the technological upheaval also has detrimental repercussions.
The primary issue that the use of AI imposes on the legal domain it can displace jobs of individuals in the legal profession. A report from Bankless Times had underlined that AI could displace 800 million jobs which makes up 30% of the global work force by 2030, which at present is only 5 years away in time.[18]
Job Opportunities
The next issue to consider is that despite the use of external AI, solicitors are still accountable for the advice they provide to their clients. This can be substantiated by the fact that when technology omits an error, a blame and sanction must be apportioned as technology cannot be blamed alone but instead a legal actor should be culpable. This can also be replicated in software processes where developers have responsibility for malfunctioning. In 2023, a high profile case in US underlined this issue when a brief was submitted by a lawyer which contained fictitious case citations by ChatGPT, not only does this undermine an a lawyer’s integrity but also places accountability in court of law for providing false references. This establishes the growing concerns with the reliability of AI tools driving legal research and recognises it’s limitations in practice.[19]
Confidentiality
The main aim of utilising technological tools is to add value to client service, the usage of ai tools in the legal system might breach client confidentiality. Confidentiality is the bedrock of the European legal system where lawyers are under a duty to not disclose information shared by clients or related to their circumstances. [20]However, the usage of AI in encouraging efficiency and productivity, invites a new facet where lawyers are no longer concealing the private contents of their client’s conversation.
Human Centric approach is absent
Human centric nature of legal practice sits at the heart of the law but in the age of legal tech, there has been a complete erosion of the human element that law needs to provide accurate and tailored advice to clients. Pinsent Masons argue that artificial intelligence cannot be swapped for human expertise as the groundwork for client relationships should remain firmly in human hands especially in legal sectors like family law where the emotional turmoil suffered is immense. The issue in such algorithmic systems is that they must include human values and protections for fundamental human interests. For example, systems need to be checked for biases based on gender, sexuality, class, age, and ability. [21]
Therefore, this article underlines the complex relationship of AI in the legal system where there is great potential to reap benefits, but equally there are profound risks that harm the integrity and character of legal practice and counsel-client relationships.
Discussion: Future of AI and ways to overcome obstacles
The present article explores, that while AI can be seen to produce significant risks to credibility, confidentiality and human centric performance of the law, this is often exaggerated by the slanted mindset of the “techlash” against AI, which stands to only recognise technological capabilities as harmful and damaging. This allows us to see that the Tech Dystopia [22]is more of a fallible fallacy as they fail to consider a balanced perspective that innovation is rewarding and a reality that AI can be utilised for the public good.
The UK has embraced the value for AI, favouring innovation over looming dangers that AI can pose. A Financial Times report on discussions with G7 members suggests the “UK could promote a model of regulation that would be less “draconian” than the approach taken by the EU, while more stringent than any framework in the US, which does provide a more optimistic direction for the future trajectory of AI to be applied across myriad of sectors.[23]
Legal bodies like Law Society have been proactive in addressing the implications for the future of Ai in the legal profession. The Law Society aims to preserve their authoritarian voice on law and understanding the importance of AI. [24]
Taylor who is a Partner at Simmons & Simmons asserts that growth of Ai does not mean a reduction in lawyers but will revaluate the training models for lawyers, providing them more time to delve in complex legal issues rather than tedious tasks. Notwithstanding the promising future of AI, leaders of tech companies do still propose that traditional lawyers may become obsolete by 2035 as AI capabilities reflect human cognitive performance.[25]
Conclusion:
This article has identified that AI neither unequivocally enhances nor disrupts the law, instead it gives law a new definition. The potential of AI can birth a more enhanced legal system by combining human capabilities with the growth of legal tech. However, the forces of AI should be restrained as despite the technological upheaval, it is still imperfect without human oversight and regulation of accurate legal standards. To embrace the value AI adds to the legal system, it is important that legal system are educated with AI literacy to apply AI accurately and develop a standardised global approach to AI regulations reinforcing Gordon’s view that humanity needs a global approach to AI as it does not stop at national borders; it is inherently global.
Reference(S):
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[11] Ibid8
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