Technology in Law — A Friend or a Foe?
Technological innovation is rife in the modern world, and such is its prevalence that even low-tech industries which are steeped in tradition are being revolutionised. The legal profession is certainly one of these industries, as the increasing use of automated technology and online legal tools is undoubtedly changing the legal landscape. Although it would be perhaps foolish to forecast the end of lawyering as we know it, the future is now, and the legal industry must come to terms with this reality.
Traditionally, the legal profession has been considered a monopoly market due to the tight legislative restrictions which govern those who practice law; lawyers must hold the necessary certification, pass ethical testing and be subject to regular training and public scrutiny. Although legally this has not changed, the lines are becoming increasingly blurred due to the introduction of legal technologies such as artificial intelligence (AI), DIY legal tools, smart contracts and blockchain which are making it cheaper and easier for everyday people to access tailored solutions.
Websites like LegalZoom offer user friendly, online services that help people create legal documents on their own. Now this could be considered an unauthorised practice of law, but sites like this use disclaimers to cover themselves stating,
“We are not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defences, options, selection of forms or strategies.”
Artificial intelligence in the law industry, like in most industries, is becoming a necessary tool used to conduct the job. AI is able to assist lawyers through tasks such as visual perception, speech recognition and language translation to provide faster and more accurate information. These systems are used to automate services and advice by reviewing contracts, providing dispute resolution and drafting documents. Chatbots or legal bots have been providing legal aid to small businesses and individuals since 2015 and are an example of AI in action. Legal applications like this are not only used by clients, but also by commercial lawyers who can easily use around 30 legal apps in their line of work for everything from contract negotiation to a simple digital signature.
AI continues to change the landscape and one of the most important benefits in doing so is the reduction of time required of humans. Ross Intelligence allows a user to ask a question in simple terms and in seconds the program undertakes legal research and provides legislation, cases and secondary materials to supply a specific answer. What has just been relayed in a matter of seconds by Ross Intelligence or a similar program would have taken a human lawyer several hours of which the billable time would have been passed onto the client in the past.
The law is traditionally very reactive. In the past it has been difficult to create a way to enforce legislation, contracts and agreements other than through written promises and the fear of punishment. That was before the introduction of blockchain technology. Blockchain provides proactive solutions in the legal field, ensuring transparency, accountability and consistency across several areas, most notably smart contracts. A smart contract can be coded to ensure all parties follow the terms of the agreement. This is done through linking finance tracking with the contract code to create non-discretionary fund distribution through a third-party such as bitcoins. This means that unless the terms of the contract are adhered to, the transaction will not be allowed. Therefore, if one member of a trust is trying to discreetly favour another trustee the contract will disallow it.
With all these advancements it is clear the traditional monopoly on the practice of law is becoming increasingly outdated to the point that it may become unsustainable. Technology is increasing access to legal services, making legal advice and information increasingly cheap and readily available. The speed at which lawyers can undertake mundane tasks also assists them to help more people per day. Unsurprisingly there are critiques of the direction the profession is heading in the coming years. The Honourable Chris Kourakis, among several others, notes that AI machines cannot replicate the human emotions of compassion and empathy which are necessary in a helping profession such as law, nor are they able to fully explain reasoning for their decisions. Others question the quality of legal services that technological tools can provide, suggesting there will be a lack of personalisation and that they will do more harm than good.
Personally, I think it has limitations and I do worry how far-reaching this technological disruption is. At the end of the day, legal advice and decisions are often some of the most important issues in people’s lives, and this is not something that should be taken lightly. While there is now an expectation by consumers that modern legal tools are utilised, it is difficult to imagine the profession becoming fully automated, thereby doing away with the need for human lawyers. What is evident is that a rethink of the legislative framework which governs legal practice may be necessary in order to account for these new forms of legal services.
