Advancements in generative Artificial Intelligence (AI) are happening at an exciting (or alarming) rate, depending on your point of view.
The legal profession has traditionally been slow to adapt to new technologies, with a recent throwback in the Law Society Gazette to a reference in 2003 about the reluctance of solicitors to use computers at all, let alone correspond by email.
There are calls for immediate regulation, and we know from the cryptocurrency story so far that, in the UK at least, new concepts have to be shoehorned into an existing, ‘one-size fits all’ legal framework (in the case of crypto, measures are in the pipeline to amend legislation from over 20 years ago to accommodate).
Not as ‘intelligent’ as it seems?
At present, there is comfort in knowing that, for all the hype, AI isn’t quite as ‘intelligent’ as it seems. Existing tools are basically very complex algorithms searching billions of online sources to redraft in the blink of an eye into a seemingly original, coherent response. It sorts out the search engine results for you.
As we all know from our ‘googling’ habits, sorting the wheat from the chaff is where the real skill lies. Risible as it may seem, it is a legitimate and powerful starting point in research. How easy it is though, for the untrained eye, to miss the detail, the exception to the rule, and go in all guns blazing.
Litigants in person have often come unstuck. How easy it is to think you’ve found the answer, for it only to apply in British Columbia (where, unlike in England and Wales, mediation is compulsory, for instance).
You need a professional when it matters
Google never spelled the end of legal or other professionals, despite the fact that all the information is now there, for everyone to see. But here’s the crux. Some are tempted to draft their own will, employment contract, tenancy agreement etc.
Although it happens, there are far fewer people who will decide to google step-by-step tooth extraction. Why? Because you need a professional when it matters. Because you need the reassurance that it’s being done properly. Because it’s easy to miss the one right answer amongst the millions of bits of nonsense.
Embracing technology is key
However, there is no place for complacency. In recent years, law firms have woken up to the idea that embracing technology is the key to survival. For example, disclosure platforms are now indispensable tools to sifting though millions of documents for the purposes of disclosure.
The next generation of partners may well have spent chunks of their time as paralegals and junior lawyers, ‘training’ algorithms to find relevant documents.
A feature of the Business and Property Courts is that it forces parties to adopt a collaborative approach to disclosure, often arguing in tiresome and lengthy correspondence about keywords and data sources. This is the present reality of AI.
Lawyers are succumbing to the temptations of using AI to make their lives easier. But there are challenges too. What about data protection? Where does information go once it is input? Does the client know what they’re getting? Has the technology plagiarised other people’s work (an automated ‘cut and paste’)? And how do we know if it’s right?
AI must enhance the client experience
The challenge is keeping up. Making it useful in a way that adds value for clients, makes legal services more cost effective, and enhances the client experience. It cannot and shouldn’t replace professional services of itself.
Clearly, the legal profession has, albeit slowly at times, adapted to change and has made use of innovation to make the world a smaller, more integrated and accessible place. AI should be no exception.
All that said, there is still comfort in knowing that AI is still a human tool, and is far from infallible.
Caution is key. In New York, a federal judge fined a lawyer for making submissions generated by ChatGPT. He came unstuck because it had made up the case law altogether.
By Costas Nicolaou, Dispute Resolution Senior Associate Solicitor at Aaron & Partners
About the author :
Costas Nicolaou is a Litigation Solicitor and Qualified Mediator specialising in Commercial, Contract, Professional Negligence, Insurance, Consumer and Property Transaction Disputes at Aaron & Partners. He represents both individuals and businesses and has extensive experience in resolving matters covering an impressive range of subject matter and complexity. He takes a pragmatic and commercial approach to advising clients with a view to securing the right solution for them.
