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Examining the Complex Nature of Artificial Intelligence’s Impact on Law
Introduction
As our modern world continues to adapt and change, the profound impact of artificial intelligence (AI) has become increasingly integrated into our daily lives. From employment and education to healthcare, AI has significantly impacted society across various fields. In the ever-evolving landscape of legal systems, the impact of artificial intelligence has and will continue to forever change approaches, interpretations, and attorney services regarding the law. Uncertainty as to what role AI will play in the future decades or even years has sparked mass controversy from around the country. Some argue that the use of AI in the legal landscape can only be beneficial by providing error correction and proofreading, advanced legal research through countless case laws and statutes, legal document analysis, and much more. Others argue the use of AI will lead to the erosion of human judgment, AI hallucinations (generating incorrect information), and overall vast ethical concerns. Recent debates on artificial intelligence in public spheres have led to a plethora of information. Understanding regulations regarding artificial intelligence, how it’s impacting the legal field, and what that means for the future of law is crucial. Both sides can agree that one thing is clear: AI is reshaping the legal profession, and exploring its implications and challenges is important to understand its multifaceted nature.
What is Artificial Intelligence (AI)?
To begin to answer the question of how AI is reshaping the legal profession, it is imperative to know, simply, what it is. Intellisoft, a custom software company, describes intrinsically what artificial intelligence is: “Frequently, AI is also called cognitive computing or machine learning, as it uses computing power to perform tasks that people usually do. AI perceives and synthesizes data to make decisions, automate tasks, and mimic the human mind’s capabilities.” Essentially, it replicates the human brain in more efficient and methodical ways. In a legal context, it “enhances” the existing practices of lawyers and law firms. However, the use of artificial intelligence in law isn’t new – it’s existed for decades now. While it wasn’t as elaborate as it is today, it had various uses as early as the 1970s. A study on the history of AI and law by Edwina Rissland, Kevin Ashley, and R.P. Loui reveals it was initially used for logic programming. Moreover, at its beginning AI in the law field was composed of foundational logic-based approaches for research and document review. Today, it has evolved into a tool for legal research, contract review, and predictive analytics by offering support to legal professionals.
The Advantages of Using AI in the Legal Landscape
The use of AI in the legal landscape comes with sweeping advantages to professionals. First, it allows for increased productivity by eliminating time-consuming tasks. Using artificial intelligence algorithms to complete these tasks, such as looking for a specific case, searching for a contract, or creating invoices can be finished by AI in seconds while simultaneously eliminating the possibility of human error. The speed and accuracy of AI tools also reduce the laborious task of legal research by providing attorneys with rapid access to expansive amounts of information. The ability to search large databases for regulations, statutes, jurisdictions, and more in a short amount of time can allow lawyers to focus on the strategic and analytical aspects of their work. For law firms, an economic benefit is appealing. AI can reduce costs by allowing firms to conduct their operations faster and more smoothly, ultimately saving money for clients as well. A technology-focused newspaper, AiThority, describes this new process, “Evisort, an AI contract management platform, helps law firms streamline contract review and analysis. By automating contract data extraction, Evisort eliminates the need for manual data entry, reducing costs and improving overall productivity.”. This allows law firms to deliver higher-quality services to clients while optimizing and enhancing their methods of operating.
AI has not been limited to just law firms; it has extended into the courtroom as well. Rachel Curry’s CNBC article examines how it’s beginning to revolutionize all aspects of the legal field. She references Wayne Cohen, a law professor at the George Washington University School of Law, “Cohen said AI plays a role in most of the research, writing and jury exhibit creation that goes into trial preparation, as well as office administration, trial summaries, and translations.” It can even analyze transcriptions from audio recordings and flag contradictions, meaning it can either confirm or contradict the accuracy of arguments made by the prosecution or defense. Yet, all of the benefits AI brings don’t diminish the need for human intelligence. Attorneys will remain important as AI cannot replace humans’ ability to make complex legal interpretations, ethical decision-making, remain culturally and socially sensitive, understand human emotions, and adapt to unforeseen circumstances. A computer can’t replace the personal relationship between an attorney and client or make a convincing motivational argument to the jury. For this reason, the future of law will remain majorly dependent on human decisions and understandings; AI will only serve as a tool for law professionals to better serve their clients.
The Arguments Against Using AI in the Legal Profession
However, as with all the benefits that come along with AI, there are arguments against its use in law. One of the most prominent concerns of using AI in the legal field is data security and privacy. Safeguarding client confidentiality and maintaining the integrity of legal proceedings remain the ultimate goals of legal professionals. The American Bar Association highlights these risks, “AI risks include: (1) design and development risks such as cybersecurity, privacy, and bias, and (2) risks from the use of AI such as amplifying and spreading disinformation, undermining intellectual property (IP) protections, creating unfair trade practices, and perpetrating fraud.” Essentially, even though AI can overall be used for the public good, it can also perpetuate harm. Additionally, there are various ethical concerns involved. Computers don’t have moral compasses or beliefs, they are only guided by information from humans. Thus, there is a potential for biased decision-making as AI algorithms may inadvertently amplify previously existing biases. The inherent complexity of AI algorithms may also limit the ability to understand their decisions which raises questions concerning due process. Moreover, the risk of over-reliance on AI systems by legal professionals may lead to a reduction in the role of human judgment and leading to loss of empathy and the understanding only humans can give in legal practices. The notable software company Assembly notes the unpopularity of using AI by legal professionals, “82% of lawyers think ChatGPT and generative AI could be applied to legal work. Interestingly, only 51% believe they should be.” There are mass feelings of unease regarding AI’s ability to do lawyers’ jobs perhaps too efficiently.
Conclusion: What Does This Mean for the Future of the Legal Profession?
The inevitable integration of artificial intelligence into the law field brings many gains, but could potentially lead to job displacement. Predictions have been made that the long-term impacts of technology will cause a decline in available legal positions. However, the field of law is always changing. Perhaps this new challenge lies in redefining job roles for a new, modern world that adapts to technological changes. As Monica Bay, a prominent lawyer and fellow at Stanford’s CodeX illustrates, “As computational technology and artificial intelligence matures, more people will be able to have better access to justice.” Incorporating artificial intelligence into our changing world is unavoidable. One thing we can do to prepare for this new world is to embrace artificial intelligence in the legal profession – it is an outstanding testament to technological ability. Ensuring the benefits of AI integration are harnessed responsibly and inclusively within the legal landscape is the next step for the legal profession in today’s changing world. As our world continues to evolve every day, it’s in our best interest to welcome these new innovations and adapt to the changing times.