The law sector is constantly evolving and changing alongside societal trends. As the world’s technology accelerates, it is important for the legal sector to keep up with these trends to ensure that solicitors are providing the best representation for their clients.
AI has progressed substantially in recent years and has become integrated into individuals’ daily lives. As AI becomes more prominent, it is also becoming more widely used in the legal sector, and whether or not the integration of AI in law is a good thing is a big point of debate right now.
In this guide, we will outline the current view on the use of AI in the legal sector and discuss some of its benefits and drawbacks. At Brown Turner Ross, we think it is essential to remain current with recent developments in the law sector, so read on to learn more.
The Growth of Artificial Intelligence
AI has been a topic of discussion for years now, and speculation about what we will be able to unlock with its progression is a recurring conversation. Though there has been progression in the last few decades, it has skyrocketed in the last couple of years, mainly due to the creation of ChatGPT and other similar large language models (LLMs).
In the past, we could only predict how AI would change our lives, but now AI has integrated into our lives so seamlessly that we no longer have to guess what impact it will have. People use AI for everything, from searching to planning trips, and there have been cases of AI being used in law.
AI can be a fantastic tool, but there is much debate concerning its use and sometimes misuse in the legal sector.
The Misuse of AI in Law
Over the past year, there has been considerable debate over the misuse of AI in legal cases. As AI tools like ChatGPT and legal research bots become more widespread, lawyers and even self-represented defendants increasingly use them to draft documents, summarise laws, and generate legal arguments.
In one case in particular, the evidence provided by the representing solicitor contained incorrect information. There was high suspicion that AI had been used to draft the legal documents and had pulled through incorrect information, which the Senior Judge expressed displeasure with.
At Brown Turner Ross, though we appreciate the growth of AI and how it can be used as a supporting tool, we pride ourselves on providing sound legal advice that is fact-checked and researched by industry experts, not AI.
Some problems that have already been encountered through the use of AI include:
The Fabrication of Case Citations
In legal practice, it is crucial for solicitors to have access to relevant precedents that can provide support for their clients’ cases. These precedents serve as valuable references that help strengthen arguments and ensure the case is grounded in established law.
In Mata v. Avianca, the lawyer used fake cases generated by ChatGPT to support their client, which caused problems in the case, as his evidence was no longer considered reliable.
Mr Schwartz, the lawyer involved in the case, apologised for his mistake and even admitted to attempting to verify the case using the platform, which once again provided misinformation.
At Brown Turner Ross, we like to keep an accurate archive of relevant cases and legal updates to ensure we are always up to date with the latest legislative developments.
Decline of Professional Standards
Though AI can be an excellent tool, there is substantial concern that overreliance on AI impacts professional practice. This is especially true for junior lawyers, who may depend on the tools instead of developing their own abilities in the area.
An important issue to consider is AI’s impact on contract drafting, particularly regarding the quality of the documents produced and solicitors’ ability to create accurate legal texts in the future.
There is a concern that an over-reliance on AI tools for drafting could diminish the skills of legal professionals and potentially compromise the integrity of legal documents. There are already signs of this happening.
The Obstacles of Using AI in Law
In addition to the misuse of AI that we are seeing occur in real time, there are concerns that as AI continues to evolve and become increasingly integrated into daily life, further issues may occur.
Some worries that lawyers currently have concerning AI include:
Ethical Concerns
The integration of AI in the legal sector raises important ethical considerations that must be addressed. Key areas of concern include algorithmic bias, which can lead to unfair outcomes, and issues of transparency and accountability in AI applications. Ensuring that these components are managed responsibly is crucial for maintaining the integrity of legal processes.
AI continuously learns from popular searches and user interactions, but each user’s biases and opinions can influence a case’s outcomes. A good solicitor uses emotion, evidence, and reasoning to provide the best outcome for their clients, but AI is incapable of doing this. If people become so dependent on AI in the law sector, this could harm the legal system.
Based on our experience as solicitors in Liverpool, we have spoken to clients and understand the difficulty they face before finding the right solicitor. The increasing reliance on AI by more solicitors adds another ethical risk, will likely make the process even more challenging, and result in people losing faith in the legal system.
Fears of Job Displacement
With the growth of AI, there has been continuous conversation concerning which jobs are safe from replacement. For years, the conversation has always led with the notion that a career in law will be secure, but now that conversation has changed.
Though it is unlikely that you will be represented by an AI solicitor anytime soon, more and more tasks that legal professionals traditionally perform are now being automated, which means there are concerns that there may be job losses due to this.
Regarding whether AI will replace lawyers, the answer is almost certainly no. You don’t need to worry about your case being handled by an AI lawyer anytime soon, especially with us, since we have no plans to replace our highly skilled team with AI and continue adding talent to our pool.
Regulatory Changes
The UK’s approach to regulating artificial intelligence in the legal field emphasises the need to follow existing frameworks. Regulations that we already have in place for AI include: the Solicitors Regulation Authority (SRA) Standards and Regulations, the UK General Data Protection Regulation (GDPR), and the Data Protection Act of 2018.
This approach ensures that AI technologies are utilised in a manner that is compliant with existing legal standards and safeguards data privacy, but with AI steadily evolving and changing, there is worry that the regulations that are currently in place will not account for these changes.
Data Protection and Privacy
Data protection and privacy are of the utmost importance in the legal sector. Legal professionals are committed to their clients and ensure that all their data is handled with discretion and privacy.
However, there is now a growing pattern of legal professionals feeding their clients’ data into AI, be that for contract drafting or even case analysis. ChatGPT has experienced data breaches in the past, and there is potential that any client data inputted to the site is at risk of being exposed.
Once the data is inputted into ChatGPT, there is no control over how it is used, so sensitive data and information may be at risk. Solicitors have a duty to protect client confidentiality, and inputting this data into a public platform is a violation of said duty.
The Ethical Use of AI in Law
Though there are risks associated with using AI to complete more data-sensitive tasks, this does not mean that AI is useless in the legal sector. There are plenty of versatile ways that AI can be used to improve efficiency and support legal professionals.
As longstanding solicitors in Liverpool, we know just how important it is to keep up with new trends and use them to improve the way you can help your clients. Though we have reservations concerning the misuse of AI, we can recognise that it has its place in the sector.
Some ways that people can make use of AI in the legal industry include:
Support of Legal Research
A big part of a solicitor’s role is research. Not every case a solicitor encounters is the same, and so it is essential for solicitors to tailor their approach and find data and past cases that provide solid grounds for support for their clients.
AI can be an effective tool for analysing readily available data and quickly helping users find relevant information for their cases, all while avoiding the use of private data. When employing AI for these tasks, it’s essential to fact-check any information it supplies, but utilising AI in this way can significantly enhance efficiency.
Improved Accessibility and Language Translation
Arguably, one of the best ways AI has enhanced the legal sector is by making legal advice more accessible. As solicitors in Liverpool, we frequently encounter tourists or newcomers to the country who may not speak English confidently, so we recognise how vital it is to improve their access to legal support.
AI can be used for translation purposes, providing solicitors and clients with a language barrier to understand each other and put together a beneficial plan of action.
Clear communication is essential for achieving a fair outcome, and so the integration of AI in this way could completely transform the sector.
Monitoring Regulatory and Case Law Updates
We know more than anyone how often regulatory laws and case laws can be changed, especially given the current discourse in parliament. Staying updated in an ever-changing industry can be quite difficult, but it’s still essential.
AI enables solicitors to quickly stay informed about legislative updates or court rulings, ensuring they have pertinent information for other cases.
Training and Education
It is no secret that working in the legal sector requires extensive training. In the UK, we still refer to centuries of legal cases, and so new solicitors are tasked with remembering and researching a substantial amount of information.
AI is being used to create more interactive training models specifically for legal workflows, changing the way that we approach training and making it more accessible for those who struggle to retain data using traditional methods. This opens the doors to a new generation of legal professionals who may not have pursued the industry in different circumstances.
Work With Solicitors You Can Trust in Liverpool
Through this guide, we hope to have provided you with more insight into how AI is currently impacting the legal profession and our predictions for how it may continue to do so in the future. With AI continuously integrated into our day-to-day lives, it is essential for legal professionals to stay up to date with how it is being used in the legal sector or risk being left behind.
Contact the team today if you need legal advice or want to discuss this topic further.