Artificial Intelligence and the Law: The Future of Legal Practice (Part 3)

Introduction 

In the last instalment of this treatise, we discussed key aspects of Nigerian Legal practice, the impact of AI on it and public concern over its misuse. Today’s discussion will continue with same, and start by posing the question: Is AI a threat to legal practitioners? It will then examine the limitations of AI, and conclude with the in-roads made by AI in the Legal profession. Read on.

Is Artificial Intelligence a Threat to the Role of Legal Professionals?

As stated above, are certain concerns regarding the use of AI. The myth that AI technology operates the same way as the human brain is yet to be rebutted is the root of these concerns. A major concern with AI, is the fear that it would take over jobs or roles currently filled by humans. This concern is largely because, people are not completely enlightened about technology. The role of a legal professional is one that involves strategy, creativity and persuasion. It cannot be reduced to any AI platform. Hence, even when using the most advanced AI systems, the function of a legal practitioner remains akin to humans.

History has shown that when technology displaces jobs in one area, it creates jobs in other areas. An example is the development of ATMs which increased bank teller jobs because banks could open more branches. In 2022, the World Economic Forum predicted 58 million jobs to be created by automation. This principle is at work in the legal profession today, AI has created new legal positions like AI legal knowledge engineers, teachers, etc. Hence, despite the rising dependence of AI, humans remain indispensable to the practice of law. 

In addition, there has been inadequacies in the application of AI in legal practice. AI aims to build a system that can perform legal reasoning and due diligence, mirroring the thought process of a human Lawyer. However, AI models when put to the test can only create legal documents that appear correct on the surface but lack the underlying legal understanding. 

Also, in the legal field, there is an absence of a formalised system of knowledge. This is because of the presence of various jurisdictions and legal systems globally. Therefore, the absence of a standardised framework means that the creation of algorithms capable of accurately interpreting and applying legal concepts becomes rather challenging. Relying solely on AI’s interpretations will result in error, so there is a need for a human approach.

Limitations of Artificial Intelligence

1. Information Accuracy: AI tools have the capacity to generate false responses. Therefore, any content generated must be carefully scrutinised and verified. The US case of Roberto Mata v Avianca (S.D.N.Y. 2023) exemplifies verifying AI outputs. In this case, a Lawyer from a prominent firm relied on ChatGPT for research purposes and filed a document referring to several non-existent cases. The lawyer said he was unaware of the possibility that its content could be false. The court held the lawyer accountable, and he was fined for submitting misleading and erroneous information.

2. Lack of Regulatory Framework: Globally, the lack of a suitable legal framework leaves us grappling to complete the picture of AI’s integration into society. Fortunately, in April 2021, the European Commission proposed the first EU regulatory framework for AI. Once approved, The EU AI Act will be the world’s first rules on AI. This legislative framework will not only safeguard against potential threats but also foster responsible AI innovation.

3. Confidentiality: AI tools can encourage breach of confidentiality. It is possible that data supplied by a user may potentially make its way into the public domain through subsequent queries by other users or system vulnerabilities inherent in software. With this, firms using generative AI tools may risk violating client agreements in such situations. 

4. Data Privacy and Security: Lawyers must be mindful of their obligations concerning the handling of personal data. AI tools can collect information about the user like IP addresses and browser information. AI in the legal field relies on vast amounts of data, much of which are sensitive and confidential. Protecting this data from breaches and ensuring the privacy of clients and legal professionals is paramount. Law firms and legal tech companies must invest in robust cyber-security measures to safeguard this information. Legal Practitioners must be aware because the use and disclosure of personal information is subject to varying laws in different jurisdictions. 

5. Copyright and Intellectual Property: The training data used by AI tools draws upon a large amount of data that might include copyrighted material. For instance, ChatGPT does not provide source references or explanations for output generation. This can pose a great risk for practitioners relying on the data.

6. Ethical Concerns: AI systems, like any technology, can be used unethically. There are concerns about the potential for AI to be manipulated to produce biased or discriminatory results. Legal professionals must remain vigilant in ensuring that AI is used ethically and in compliance with relevant laws and regulations.

7. Costs and Implementation: Integrating AI tools into legal practice can be costly, and not all law firms may have the resources to do so. Moreover, the implementation process can be challenging and require staff training.

Substantial Advancement of AI in the Legal Landscape

Efforts are being made, to reform and modernise the Nigerian legal system. These reforms seek to improve legal education, streamline court procedures, and enhance the overall efficiency and effectiveness of the legal practice in Nigeria. In Lagos State for example, Court processes are filed online. Most of these websites have chatbots, to assist users.

A. Legal Research and Document Review

One of the most prominent applications of AI in the legal field, is in legal research and document review. Historically, legal research was a time-consuming and labour-intensive task, requiring Lawyers to sift through volumes of case laws, statutes, and regulations. With the advent of AI, legal research has been revolutionised. AI-powered platforms, like Law pavilion (Primsol), Law pavilion Prime, Bailii (Case Law Search), LexisNexis, Gideon and Ross and Casetext, use natural language processing and machine learning to quickly search and analyse vast databases of legal information. These platforms can provide Lawyers with relevant case law, statutes, and legal commentary, significantly reducing the time and effort required for research.

Similarly, AI-driven document review tools have become essential in e-discovery, where large volumes of electronic documents must be reviewed for litigation or compliance purposes. Grammarly and QuillBot can be used to correct mistakes, paraphrase texts and improve one’s ability to write. Basically, you do not need someone to vet your grammar because computers can do that effortlessly. 

B. Contract Analysis and Management

AI has also found its way into contract analysis and management. Contract analysis tools can review and extract key terms and clauses from legal contracts, making it easier for Lawyers to assess contract risks, obligations, and opportunities. Moreover, AI can help automate the contract management process, ensuring compliance with contract terms and deadlines. By using AI to handle routine contract-related tasks, legal professionals can allocate more of their time to strategic and complex legal matters. Some common contract review AI tools for Lawyers are Lawgeex, Ironclad, Spellbook, Harvey, Kira, Linksquares, Onit.

In 2020, JP Morgan Chase successfully implemented an AI-powered contract analysis tool called Contract Intelligence (COIN) to review commercial loan agreements. The tool significantly reduced contract review time, enabling the bank to process a high volume of agreements accurately and efficiently. The Bloomberg.com headline read: “JP Morgan SOFTware Does in Seconds what Took Lawyers 360,000 Hours”. Also, Diligen, LawGeex, Kira systems and legalSifter automate contract review processes and due diligence assistance. These tools are set to identify key clauses, anomalies and potential risks, ultimately increasing efficiency and accuracy.

C. Predictive Analytics

Predictive analytics, a branch of AI, is increasingly being used in the legal field. It involves the use of historical data and machine learning algorithms to make predictions about legal outcomes. For example, AI can be used to assess the likely outcome of a legal case based on historical case law, helping Lawyers and clients make informed decisions about litigation strategies and settlement negotiations. Tools like Lex Machina and Ravel Law use machine learning to analyse legal data, and predict case outcomes and legal strategies. Based on the data from these tools, Lawyers are able to make informed decisions for litigation. Other tools like CARA by Casetext help Judges evaluate briefs and aid in drafting rulings. The AI can pinpoint relevant information that makes the decision-making process more efficient. Predictive analytics can also be applied to determine the likelihood of a legal dispute arising, enabling businesses to take preventive measures.

In the law of defamation, for example, Google analytics can track the extent of a publication made on Google. The analytics shows you how many users have found and read the publication. It also contains several metrics that indicate how these users are engaging with the content. Recall that in the year 2015, Lagos State amended its Defamation Law. Section 8 of the extant law provides that a Statement is not defamatory unless its publication has caused serious harm or is likely to cause serious harm to the reputation of the claimant. 

D. Document Generation and Management 

In the landmark case of Zubulake v UBS Warburg, LLC, 220 F.R.D. 212 (S.D.N.Y. 2003), the US court emphasised the importance of electronic document preservation and production. The case highlighted the need for effective and efficient eDiscovery processes, which AI-powered tools can facilitate. Automation tools like Legal AI, Chat GPT, HotDocs by leveraging AI and machine learning, provide templates, suggest language based on inputs, and even generate entire documents. These AI-driven management tools are redefining how legal professionals handle their caseloads. It facilitates document organisation and improves productivity and communication among team members.

D. Virtual Legal Assistants

Virtual legal assistants, powered by AI, are becoming more common in the legal profession. These virtual assistants can schedule appointments, answer basic legal questions, and even draft simple legal documents. For example, OpenAI’s ChatGPT and chatbots can do that. While Virtual Legal Assistants do not replace the expertise of human lawyers, they can enhance the efficiency of legal practice by handling routine administrative tasks.

E. Due Diligence and Regulatory Compliance

AI tools are invaluable for due diligence and regulatory compliance tasks. For example, in mergers and acquisitions, AI can assist in identifying potential legal risks, and uncovering undisclosed information. Regulatory compliance can be automated to some extent, by using AI to monitor changes in laws and regulations, ensuring that businesses remain compliant with legal requirements. (To be continued)

THOUGHT FOR THE WEEK

“Artificial Intelligence (AI) is a tool. The choice about how it gets deployed is ours”. (Oren Etzioni)