INTRODUCTION
According to Bernard Marr in an article on Forbes, “The legal system generates a huge and ever-increasing amount of data…it is surprising that until recently there has been little innovation in the way that the legal profession uses Big Data”. The abilityof humans to review and comprehend such growing data without help if possible would be time-consuming. This situation can be salvaged by allocating certain tasks to AI-powered machines; tasks that are mundane or which do not need the time or intelligence humans possess.
HOW DOES ARTIFICIAL INTELLIGENCE WORK?
Like humans, computers have to be taught. The term “Machine learning” is when computers use rules (algorithms) to analyze data and learn patterns and glean insights from the data. Deep learning uses more advanced algorithms to perform more abstract tasks such as recognizing images, classifying data by itself, self-improving without human supervision, etc.
Unlike regular programs like Microsoft Word, Excel, etc., AI is trained to deal with unfamiliar scenarios, such that it can perform beyond its initial program because it can self-improve. The whole process is often referred to as “Cognitive Computing”. Essentially, this attempts to replicate the human brain- to:
• identify data
• classify it
• analyse it
• make predictions.
When the machine reads an article categorized as “sports” and sees the word “football”, it increases the likelihood that the word football suggests a story about sports. On the flip side, if the computer sees the word “football” in an article on politics, a vote will go toward the “politics” category. As the computer reads more articles, it can figure out which words are the strongest predictors of certain topics and weigh them accordingly.
Over time, humans interact with the computer to correct mistakes, and in the instance of deep learning, the system self-corrects through a process called propagation. Also, the popular keyword search which involves entering information/questions into a computer and pressing “Enter” would phase out with time. This keyword search runs on Boolean logic. This means that each search is linear and bears no relationship to past or future searches. AI changes that, as each search becomes part of the learning process and each search and answer (and correction if necessary) makes the machine much better for the next task. Due to evolution of technology and human needs, people now prefer to verbally interact with their machine as in the case of Siri® and Alexa®. This is called Natural Language Processing (NLP).
CONCERNS REGARDING AI
• An overarching concern with the use of AI and the data it amasses is its threat to people‟s privacy.
• Insurers might discriminate against users or certain demographics based on such bulk data.
• It raises the question of liability and rights among users, AI developers, and the programs themselves.
• A major concern with AI is the fear that it would take over jobsor roles currently filled by humans. This concern is largelybecause people are not fully enlightened about technology.
Deducing from historical evidence, when technology displaces jobs in one area, it creates jobs in other areas, significantly more than it in fact will expunge. An example is the development of ATMs which increased bank teller jobs exponentially because banks were able to open more branches. The World Economic Forum predicts 58 million jobs to be created by 2022 by automation.
In the legal profession, AI has already created new legal positions like AI legal knowledge engineers, teachers, controllers, etc. Therefore, humans will remain indispensable to the practice of law, despite the rising dependence on AI. According to Deloitte (a multinational professional services network with offices in over 150 countries), over 100,000 legal roles will be automated by 2036. This means AI is here to stay and lawyers can either prepare for it or be overwhelmed by it.
LIMITATIONS OF ARTIFICIAL INTELLIGENCE
AI technology today is not necessarily the artificial super-intelligence depicted in science fiction novels that can easily master diverse topics. According to Bob Arens (Principal Data Scientist at Thomson Reuters Institute), unlike humans, “Computers have no inherent capability of associating pieces of information. You can give information to a computer about apples, bananas, and fruit in general, but on its own, it will never come up with the realization that apples and bananas are both fruit”. Connecting these concepts is where humans come in. The “AI fallacy", that AI technology works the same way as the human brain is one myth that has not been rebutted, and this accounts for some anxiety regarding AI.
Finally, the dynamic function of a legal practitioner; one that involves strategy, creativity, and persuasion can’t be reduced to one or several AI programs. Therefore, even with the most sophisticated of AI, the function of a legal practitioner remains akin to humans.
WAYS AI CAN BENEFIT A LAW FIRM
• Practice Management Assistants
• Legal Research
• Document Review
• Due Diligence
• Provision of Applicable Laws
• Contract Management
• Litigation Prediction
• Time Management/Projection
• Online Advisory (Legal Bots)
• Automating Divorce
• Quick Dispensation of Cases
• Automating Text and Image Redaction
AI has the potential to help lawyers fall in love with their careers all over again, by saving time, intellect, and money. Those who adopt and embrace the change will ultimately find themselves freed up to do things there always seem to be too little time for. Productivity can be increased when people are allowed to focus on tasks that truly add value, things that computers really cannot do or do well. The cost of running a law firm can also significantly be reduced.
ETHICAL CONCERNS SURROUNDING AI IN THE LEGAL SECTOR
• The duty of competence for AI users
• The issue of the black-box, how it works and possible fraud have not been clearly spelt
• The complexity of AI is another concern
• The transparency of AI Manufacturers and the technology system
• The propensity for AI bias based on data supplied to it by humans with biases and beliefs
• The training of Legal Practitioners to effectively use AI
• The issue of defined rights and liability for AI and stakeholders
RECOMMENDATIONS
• Humans would need to adapt to the new system due to the benefits it poses.
• Legislations to regulate AI and its application or usage would need to be set in place.
• We may need to give up some moral rights to maximize the benefits of AI.
• Law schools would need to review their curriculum to include AI-related courses.
CONCLUSION
Generally, the legal profession has a reputation for being conservative. Technology, therefore, especially one as disruptive as AI may be quite a mouthful to swallow if not carefully and tactically handled. Times have changed however and technology is evolving. The 21st Century Legal Practitioner must adapt because the Legal Profession has a lot to benefit from AI, but first, the Profession needs to accommodate AI.
Most Legal Practitioners are in the profession to make a difference, to work on engaging and mindboggling social or justice-related issues, to discover ways to diminish the justice gap, to draft relevant documents, hold government officials accountable, etc. Whatever the passion or responsibility is, AI-powered legal technology can help free one from mundane work and free up time for the work that excites one about being a Legal Practitioner. This is because the legal profession, at its core, is not really about working hard but working smart.