Lawyer in the face of challenges brought by AI
Let’s imagine the year 2049. The process of technological revolution is in progress. Modern applications support employees, taking over most of their duties. Many professions known to us today no longer exist. In the world of business, nobody can afford the slightest mistake. Every minute is the most precious one. ‘Fatigueless’ robots perform all tasks exceptionally fast. Efficiently. With utmost precision.
Inevitable reality or heavily exaggerated science fiction? One thing is certain. The future based on advanced algorithms and artificial intelligence is fast approaching and the legal industry will also be afected.
How to keep up with the progress? What programs will improve the quality of lawyers’ work around the world? What will a lawyer have to be in 30 years in order not to be eliminated in the competition against automation? Although the awareness of revolutionary changes in the minds of many people is just beginning to sprout, discussions on this subject have been going on for a long time.
The ILTA — International Legal Technology Association — an organization associating members of all areas of legal practice interested in the latest technologies, was established as early as in 1980. 28 years later, Stanford University in California created CodeX — a place of cooperation between scientists, lawyers, entrepreneurs to exchange their knowledge and experience in the field of computational law during numerous workshops and conferences. In response to the technological development, Georgetown University in Washington D.C. organized a competition during which teams of law students created applications, competing for the title of Iron Tech Lawyer. But this is only the beginning.
Artificial intelligence isn’t knocking at the door only across the ocean. Every country in Europe feels a breath of change. While the Legal Affairs Committee of the European Parliament is considering giving some machines the status of an electronic person, the High-Level Expert Group on Artificial Intelligence, in its latest Assessment List for Trustworthy AI dated 17 July 2020, stresses that AI must above all be trustworthy. ALTAI is to become the first tool giving both creators and implementers the possibility to check whether their technology meets the highest European standards.
And in Poland? Here, we can also observe great preparations. Three years ago, when I talked to lawyers about AI, the topic was little known and the importance of AI for the future of every person was rather underestimated. Today, more and more people are starting to understand the gravity of the issue. Certainly, a factor that affects our increasing awareness are decisions made by the biggest players in the technology market. In May and June 2020, both Microsoft and Google announced great investments in our country. Could there be a better reason to talk about IT and AI? No wonder that law faculties are introducing such courses as “Law and technology”, an increasing number of meetings related to the lawtech sector are being held, and the best of the best IT specialists are creating programs for lawyers during hackathons.
There is no doubt that we are witnessing a revolution that cannot be stopped. Data from a report by the British Jomati Consultans LLP consulting firm: Civilization 2030. The near future for law firms, according to which the robotics will completely change the market of legal services in over 10 years, are confirmed by the chairman of the Oxford Internet Institute Advisory Committee — Professor Richard Susskind, co-author of The Future of the Professions: How Technology will transform the work of human experts[4]. In his opinion, the changes will primarily affect younger lawyers, because artificial intelligence will replace them in low-risk activities such as: acquiring information from clients, determining the legal status of a case or examining documentation. On the one hand, this will reduce operating costs, making legal services more affordable, but on the other hand it will require remodelling of the system of law students education.
Well, the lawyer of the future will have a tough nut to crack. The ability to process information creatively, generate new ideas or see correlations and draw conclusions may prove insufficient. In a situation where computers will be able to solve problems they have not previously been programmed to solve, the ability to observe and understand the feelings of others will remain a feature distinguishing humans from technology. Even if machines are more efficient than many human minds, more resistant to fatigue than many human bodies, it is the emotional intelligence that will allow lawyers to demonstrate the human dimension of their cases and to survive in the clash with the artificial intelligence. At least for some time.
A lawyer in the world of new technologies will become a specialist who will be faced with the greatest challenge in centuries. A challenge that already keeps us awake at night. Just as the Romans created the law as we know it today, we must develop regulations that will become a milestone in the human history. The wisest of the wisest are wondering what will be the best solution, and yet no legal construction relating to artificial intelligence has been created. The discussion continues. The time flies.
A lawyer in the face of artificial intelligence must first and foremost be a specialist who is not afraid to create regulations that keep up with technology. What is more, the law not only has to keep up with technology. I risk saying that the law should be one step ahead of technology. The law should set the direction and, most importantly, the limits of AI. And it’s up to us lawyers to take action to ensure both comfort and safety for all of us.
How to achieve this? First of all, we need to see beyond the usual patterns and beliefs. In our profession, a perfect memory, as well as speaking and writing skills will prove insufficient. We must constantly broaden our horizons. We must become HUMANISTS — in the literal sense of the word. We must become Renaissance people for the 21st century. The lawyer of the future is a visionary who, like Leonardo da Vinci, can move fluently in the maze of rules AND algorithms. A lawyer of the future is a man who is curious about the surrounding world, a man who is not only able to name the reasons for acquiring a right or another, but also knows and, most importantly, understands the principles on which the reality is based.
A lawyer in the face of artificial intelligence is a person who constantly wants to develop his interests without resting on his laurels. Law has never been an area of knowledge detached from the prevailing realities. But never before has it required such versatility. The application of the latest directives and physics principles. Writing an appeal and a smoothly functioning code. Thinking “out of the box”, not supported by a knowledge is detached from current standards. The intellectual property law and the law of new technologies require to take a broad look at every field of science.
Can an expert dealing with patents and trademarks be unaware of challenges brought by artificial intelligence today? Can he not know what people do during hackathons? The biggest universities in the world have long understood who would create the law in the future. Thanks to the increasing number of initiatives, we can can learn more. We can share our knowledge and experience. Only solidarity and the desire for interdisciplinary and international cooperation will help us achieve the success.
The point at which humanity is now constitutes only the first stage of the change. Nevertheless, the humanoid robot Sophie has already acquired Saudi Arabia citizenship and the Elon Musk’s team is working on connecting our brains to a digital interface. Is there anything that will stop the race of human ambitions? What will happen when the artificial intelligence becomes universal and omnipotent, achieving the IQ many times higher than that of humans? Well… According to Stephen Hawking, that could be the mankind’s greatest achievement. And also its last.
“It is truly a strange thing how irrational can a rational being be, especially when pressed by circumstances.” Stanisław Lem
About the Author:
Aleksandra Iskra, advocate, specialist in IP&IT Law. Lecturer. Deputy chairperson of the Copyright and New Technology Section of the Warsaw Bar Association in Poland. Member of the Women in AI. Owner of the AIskra Law Firm. Author of a channel on Youtube about intellectual property law and law of new technologies in 3 languages: Polish, English and German. Enthusiast of windsurfing. Member of a team that won the UNICEF’s Award during Global Legal Hackathon 2020.
