O.M ATOYEBI SAN, FCIArb. (U.K.)
INTRODUCTION
Artificial intelligence (AI), which is the simulation of human intelligence processes by machines, has transformed industries worldwide. Its advent is disrupting almost every profession, and the legal profession is no exception. AI tools are reshaping the way lawyers work, interact with clients, and proffer solutions to legal issues.
While AI provides unprecedented opportunities for efficiency, accuracy, and innovation, it also raises concerns about job security, ethics, and bias. As AI continues to integrate into the legal world, lawyers must confront profound implications. The question thus arises, will AI augment human capabilities or replace them? This interaction seeks to explore the benefits, challenges, and ethical concerns surrounding AI tools in legal careers, and chart a path forward for responsible AI usage.
AI IN THE LEGAL CAREER
AI and its innovative tools are rapidly transforming and reshaping the legal profession, enhancing and unlocking new perspectives to the traditional approach to process drafting, contract review, and many more. An AI tool is a software application that uses artificial intelligence algorithms to perform specific tasks and solve problems.
There are various AI tools which are used by lawyers in legal practice in Nigeria. Some of these are automated document review tools (e.g. ROSS, Law Pavilion, Document Editor, ContractBook, LegalBox), risk assessment tools (e.g., TAR), predictive analytics tools (e.g., AI Algorithms for case outcome prediction, Predictive Justice, CaseMap), legal research and analytics platforms (e.g., LexisNexis, Law Pavilion), due diligence review tools (e.g., AI-powered document review), and other Nigerian-based AI tools such as LegalEase (legal research and document management), CourtPro (court case management), and LawFlex (legal project management), Lawyerview, Legal Box, and Courtroom Mail.
THE GOOD: BENEFITS OF AI TOOLS IN LEGAL CAREER
The rapid growth of AI in the legal industry is seen as beneficial by some and detrimental by others. However, as often said, everything that has an advantage must of necessity have a disadvantage. Some of the advantages of AI in law include:
- Saves Time: By streamlining the more mundane tasks in a law firm such as contract analysis and document review, lawyers can spend more of their billable hours on the aspects of lawyering that AI cannot do. By automating these tasks, lawyers can reclaim the time they would have spent on them. This enables lawyers to take on more cases and focus on more important tasks. As a result, lawyers can deliver better outcomes and improve overall productivity. For example, in 2018, LawGeex’s AI reviewed five Non-Disclosure Agreements in 26 seconds, beating about 20 top US lawyers with 94% accuracy while the shortest time the lawyers carried out the task was 51 minutes.
- Reduce Cost: By reducing time spent on routine tasks, automation through AI greatly reduces labour costs for law firms. This enables firms to have less need for more labour. These cost savings can then be passed on to clients, making legal services more affordable and competitive. Additionally, AI can help reduce costs associated with document review, research, and other tasks, leading to significant savings.
- Enhanced Research Capabilities: In the present day, there are various AI tools for conducting legal research and their use enhances the research capabilities of lawyers, as these tools empower lawyers with more accurate case results, comprehensive coverage of relevant cases and legislation, and even real-time updates on changing laws.
- Improved Document Management: With the help of AI tools, document organization is streamlined, making it effortless to locate specific files, contracts, and correspondence. This reduces errors and saves time. AI can also assist with document drafting, review, and revision, ensuring consistency and accuracy.
- Increased Efficiency and Better Client Service: By automating routine tasks and streamlining workflow, AI helps lawyers work more efficiently and effectively, specifically as they have more time and less work to do, thus allowing for better focus. This leads to faster and enhanced client satisfaction. Lawyers can focus on more intellectual endeavours such as engaging with clients, formulating and executing litigation strategies, providing strategic advice, building stronger relationships with clients, delivering personalized service, and improving overall productivity.
- Reduced Conservatism: Most countries, especially African countries like Nigeria, are very conservative. However, AI helps to reduce that by encouraging innovative approaches and challenging traditional thinking.
THE BAD: CHALLENGES AND CONCERNS
Despite its numerous benefits, the integration of AI in the legal industry also raises significant concerns and challenges that cannot be ignored. Some of the notable drawbacks of AI in law include:
- Job Displacement: Just a few years ago, the world was significantly less technologically advanced than it is today. This rapid growth indicates that technological advancements will continue to accelerate in the coming years. The impact of AI on employment is particularly noteworthy. According to predictions, over 100,000 jobs in the UK’s legal sector will be automated by 2025. The emergence of AI-powered legal tools has already demonstrated impressive capabilities. For instance, LawGeex hosted a competition between its AI algorithm and lawyers from some top firms. The results showed that the AI matched the best-performing lawyer in terms of accuracy. Legal professionals will therefore have to develop themselves to ensure that they are indispensable to their employers to ensure that they are not among those who would be displaced.
- Laziness and Complacency: AI in the legal profession has also made lawyers lazy by diminishing critical thinking skills, encouraging over-reliance on automated outputs and leading to complacency, diminished understanding of legal principles, inability to function without AI assistance, and other additional concerns.
- Inaccurate Information: AI tools sometimes provide inaccurate information or even non-existent ones. This can have severe consequences in legal proceedings, potentially affecting case outcomes, damaging reputations, and undermining trust in the legal system. There are instances where lawyers have relied on inaccurate, outdated, or even non-existent information. For example, two US lawyers were fined for submitting fake court citations from ChatGPT.
- Data Security and Privacy Risks: When AI processes sensitive legal data, it exposes law firms to data breaches, unauthorized access, and cyber attacks, which would subsequently lead to client confidentiality breaches, financial losses, reputational damage, and non-compliance with data protection laws.
THE UGLY: ETHICAL AND REGULATORY CONCERNS
Beyond the benefits and challenges, AI’s impact on the legal industry also raises fundamental questions about ethics, accountability, and regulation.
- Unregulated AI Use: Unregulated AI use in the legal industry poses significant concerns. The lack of clear guidelines and standards for AI development and deployment raises critical issues, including unchecked biases and errors, inadequate data protection, and unaccountable decision-making. This highlights the urgent need for comprehensive oversight measures.
- Lack of Transparency: The lack of transparency in AI’s decision-making processes also poses a significant challenge in the legal industry. AI-driven decisions can be opaque, making it difficult to comprehend the underlying reasoning and logic, identify potential errors, and verify the sources of data used. This opacity undermines the integrity of AI-assisted decisions.
- Potential for Misuse: AI can be exploited for malicious purposes, including document tampering and fabrication, unlawful surveillance and data collection, and biased decision-making. This highlights the urgent need for proactive measures to prevent such misuse.
- Regulation: The integration of AI in the legal industry has highlighted the need for updated regulations. Existing laws struggle to address AI-specific challenges, particularly in data protection and privacy. As AI handles sensitive client information, concerns arise about potential breaches or unauthorized access. Furthermore, intellectual property and ownership issues emerge with AI-generated legal documents and contracts, blurring traditional ownership concepts. To address these challenges, there is a need for revised laws and regulations that account for AI’s unique aspects. Industry-specific guidelines are also crucial, particularly for sectors heavily reliant on AI. These guidelines will help mitigate risks and ensure responsible AI adoption.
- Accountability and Liability: This is another critical issue. When AI-assisted decisions are made, questions arise about who bears responsibility for errors or adverse outcomes. To address these challenges, revised laws and regulations should accommodate AI’s role in legal services. Industry-specific guidelines should govern AI use in law firms, courts, and legal research, ensuring transparency and accountability.
- Bias and Accuracy Issues: AI can be biased, leading to unfair results. This happens because AI learns from three main sources: biased training data, flawed algorithm design, and human prejudices. As a result, AI can make inaccurate predictions, treat people unfairly, and lack transparency. For instance, language processing algorithms used in contract analysis may exhibit racial or gender biases. Therefore, it is crucial to develop fair and transparent AI systems. This can be achieved by using diverse training data, regularly testing algorithms for biases, and implementing human oversight.
CONCLUSION
AI tools are transforming the legal industry. While they offer numerous benefits, they also pose significant challenges. By acknowledging both the good and the bad, lawyers can harness AI’s potential, mitigate its risks, and promote a more efficient, effective, and just legal system for all. The future of law depends on striking this balance.
