Below are the Q&As highlighting my views and thoughts on AI technology in the legal practice.
Q: What applications and tools of AI have we seen to date in legal practice?
Because of the capabilities of the technology, we have witnessed several impactful applications and tools of AI within the legal profession. These applications are transforming the way legal tasks are performed and enhancing efficiency and accuracy in various areas.
Document Review and Contract Analysis: AI-powered Document Review can assist in super fast review and analysis of vast amount of legal documents, contracts, and agreements. These tools identify relevant clauses, flag potential issues, and streamline the due diligence process.
Legal Research/E discovery: AI algorithms can assist legal professionals in conducting comprehensive legal research by quickly shifting through large database to identify relevant case laws, statutes and regulations.
Predictive Analytics: AI models can analyze historical legal data to predict outcomes of cases, helping lawyers make informed decisions and offering insights for case strategy development.
Natural Language Processing (NLP): NLP technology is used to improve legal writing, ensuring clarity and consistency in contracts, legal documents, and communication with clients.
Legal Chatbots: AI-powered chatbots can provide instant responses to legal inquiries, and offer basic legal information, enhancing client engagement and support.
Contract Generation: AI can automate the process of drafting standard contracts based on predefined templates and variables, saving time, and reducing human error.
Compliance Monitoring: AI systems can monitor changes in regulations and identify potential compliance risks, allowing legal professionals to stay up to date with evolving legal requirements.
Data Privacy and Security: AI tools can help identify and manage sensitive information within documents to ensure compliance with data protection laws.
Litigation Strategy: AI-generated insights based on analyzing case laws and legal precedents can aid in developing effective litigation strategies.
These applications of AI are enhancing productivity, accuracy, and client service, while also transforming the traditional ways legal tasks were conducted.
By way of background AI technology has 3 levels:
- ANI: Artificial Narrow Intelligence.
- AGI: Artificial General Intelligence.
- ASI: Artificial Super Intelligence.
At the moment we are at the level of Narrow Intelligent aiming a super intelligence in near future. Indeed, AI continues to evolve rapidly in various domains, including natural language processing, computer vision, machine learning, and robotics. Certainly, if they are developed based on ethical, transparent and compliant manner, yes they are the pain killers not only for the legal industry but for all other industries.
However, I would like to make a very important point here that AI does not operate independently but is based on other technologies that are prerequisites to AI performance and use.
As Adam mentioned earlier, we need to tick several boxes before reaching and using the capabilities of AI – we need connectivity, digitalized, clean, protected metadata to ensure AI performs as desired, enhancing productivity and accuracy and reduce costs for legal services.
Q: What are the Benefits of AI in Law Firms?
Implementing AI in law firms enhances the capabilities of legal professionals to carry out their tasks. By automating manual processes, AI allows for more time to be devoted to building relationships with clients and focusing on their needs. This leads to numerous benefits for both clients and the overall financial success of the law firm. Here are few of the benefits to be achieved with AI powered tool.
Increased Efficiency
Employing AI technology in law firms streamlines the workflow, freeing up precious time for lawyers to focus on client needs. With AI-driven automation, time-consuming manual tasks like searching for documents, conducting thorough research, and generating invoices become much faster and easier. This results in increased productivity, allowing lawyers to spend more time on intellectual work and strengthening their relationships with clients.
Reduced Costs
The use of AI and machine learning in the legal field offers the possibility of breaking down barriers to justice, particularly by reducing the high cost of obtaining legal assistance.
By automating time-consuming and repetitive legal tasks, lawyers are able to save time and reduce costs for clients. For example, if research that used to take 20 hours can now be done in just two hours, the cost savings can be passed on to the client.
Additionally, the time saved from manual tasks can be redirected towards providing assistance to more clients.
Enhanced Accuracy
Although machine learning models that will anticipate the outcomes of pending cases are still in their infancy, they yield encouraging results.
Some companies, such as Toronto-based startup Blue J Legal are developing an AI-based legal prediction engine with an initial focus on tax law. According to the company, their engine can accurately forecast the outcomes of ongoing cases with a 90% accuracy.
These kinds of legal AI tools will change how law firms handle cases. For example, law firms will use such applications to develop litigation tactics, speed up settlement negotiations, and limit the number of cases that go to trial.
Furthermore, AI provides an advantage of earlier and more accurate risk assessment. Tools such as Technology Assisted Review (TAR) and predictive coding are capable of reviewing information in real-time, enabling lawyers to identify potential risks early on.
On top of that, these tools provide informed advice to clients about their exposure and prevent legal problems before they even arise.
In the event of a lawsuit or a threatened lawsuit, these advanced solutions help law firms to swiftly identify relevant information and determine the data and individuals that must be protected.
Q: What examples can you give of use of AI in law?
Couple examples of the use of AI in law:
Due Diligence
Verifying facts and assessing legal situations is a crucial aspect of a lawyer’s job, which is necessary to advise clients on their options and actions they should take. This due diligence process is time-consuming and prone to mistakes, making it a tedious task for lawyers.
To combat these challenges, AI-based solutions are being developed to assist with the due diligence process. One such solution is eBrevia. Its founders, Ned Gannon and Adam Nguyen, built a startup in partnership with Columbia University with the intention of reducing the document review process.
The software uses natural language processing and machine learning to extract relevant textual data from legal contracts and documents to assist lawyers in analysis, due diligence facts in the documents.
Litigation Finance
AI is also used in litigation finance (third-party funding) to help investors make more data-driven assessments of which cases are worth backing. Using data and machine learning algorithms, companies like Legalist Inc. can make more informed and accurate assessments of the likelihood of success in a given case.
Also, it can help level the playing field for plaintiffs who may not have the resources to pursue their legal rights on their own.
If you want to dive deeper into specific use-cases and applications that showcase AI’s impact on law today, as well as Neil’s expert insights on the areas most likely to be disrupted in the next five years, follow the link: podcast.emerj.com.
Q: What are the key ethical considerations when using AI in the legal system?
Well AI is a new concept, so we are going to learn based on how we have done with another technology and learn while growing. I don’t think a known formula could be applied. However, when incorporating AI into the legal system we must keep in mind and address several ethical considerations to ensure fairness, transparency, and accountability.
Fairness and Bias: AI algorithms can perpetuate biases presented in training data, leading to unjust outcomes. This is why algorithms should be trained and monitored, re-designed if needed. Efforts should be made to identify and mitigate biases to ensure that AI tools do not discriminate based on race, gender, social economic status, or other protected characteristics.
Transparency: Currently the giant tech organizations are far from being transparent, they are working and developing the algorithms disclosing almost nothing as the race is fueled by purely commercial gain.
How AI systems are built and operate should be a transparent journey, allowing legal professionals and stakeholders to understand how decisions or recommendations or outcomes produced by the algorithms are made. Lack of transparency can lead to distrust and make it difficult to identify potential biases or faults that will lead to inaccurate, misleading outcomes that in our case distort human rights, freedom and inevitably lives and this is in a direct contradiction with our mission in the society.
Accountability: There is a strong dispute on assigning responsibility for AI decisions. Who is responsible for a decision based on AI algorithm, the developer OR the user of AI? It is a debate that should be resolved before we start implementing and using the algorithms to avoid the dilemma of learning through failure.
This is the new model currently used in many industries. However, our profession cannot be subject to this model as we bring justice in the society and trials cost lives. So, for me, the legal professionals and AI developers should be accountable for any errors or unintended consequences arising from AI’s use in the legal system, hence accountability should be very clear from the start.
Data Privacy: Handling sensitive legal information requires strict adherence to data privacy regulations. Well, here again we come to a dilemma, because GDPR is a framework that EU has implemented, however one standard is not imposed across the world and tech industry is using this door to develop, sell and implement applications while maneuvering between jurisdictions and their respective data regulations.
AI systems should be designed to protect the confidentiality of client data and other sensitive information and for our industry this level should be at par of the national defense. AI is a very powerful tool and if used with the wrong intention it could be very damaging.
Human Oversight: While AI can enhance efficiency, human judgment should still play a role in making final legal decisions. AI should assist legal professionals rather than replace them entirely. So, the human element remains.
Consent and Informed Use: All parties involved should be aware of AI’s use in legal processes, and informed consent should be obtained from clients if their data is being used by AI systems.
Continual Monitoring and Updating: AI models evolve, and they learn based on interactions, usage and corrective steps, so we aim at making the algorithms smarter, as the race of the tech giants is to reach the level of self-autonomous algorithms. This means giving the control to AI! But again we need to control the direction of AI development through regular monitoring, testing and updates to ensure that AI systems remain accurate, fair, and aligned with ethical standards we have set, no deviation.
Q: Let’s take the opportunity to see how the jurisdictions we practice in have responded to AI and have sought to regulate its uses?
I must admit the UAE clearly understands the power behind technology and has showed proactive approach to embracing AI technologies while also working on establishing regulations to ensure responsible and ethical AI use. UAE is a country that is very observant player, the government is flexible and proactive and has the intention to take the country in the spotlight and is choosing the best practices from China, US, EU, and I must admit it is very wise strategy.
Here are some key developments related to AI regulations in the UAE:
National Strategy for AI: The UAE launched its National Strategy for Artificial Intelligence in 2017, aiming to position the country as a global leader in AI adoption and innovation. The strategy focuses on enhancing government services, economic growth, and knowledge development through AI.
UAE AI Council and a Minister: The UAE established the UAE AI Council, comprising government and industry leaders, to oversee the implementation of the National AI Strategy and guide AI-related initiatives. And here we come back to the previous points we discussed where tech is not a bandage approach it a holistic approach, many areas are affected and they need to be addressed simultaneously in order for this transformation to work and be effective and evolve.
Dubai, in particular, has been at the forefront of AI integration.
Smart Dubai: Dubai, specifically, has taken a leading role in the seamless integration of artificial intelligence not only in businesses, but on a larger scale in turning the city into smart entity for which AI applications are used for planning, traffic, emergencies, predictive and preventative planning. Sheikh Mohammed Bin Rashid Al Maktoom is a visionary leader with strong ambition to see Dubai among the leading cities in the world with technology as an engine. He led the initiative of establishing Smart Dubai – a platform to provide one stop for city services based on digital and disruptive tech like IoT, cloud services, Big Data, ML and AI. Uniting the city’s physical infrastructure, providing open and shared data on top of which citywide smart applications are running the Platform is the central ‘operating system’ and the nerve center for Dubai and comprehensive exchange point for government and private sector services, delivering unprecedented value for the city and with more and more data being gathered daily to be used by AI for analytical, preventative and predictive purposes and support the needs of the city.
Various AI applications have been deployed to enhance public services and improve city management. Court is one of them, so both private and government legal users can benefit equally from the data. Private legal practitioners have the option to buy user access to the data, but the platform is under Public, Private Partnership (PPP) but it is managed and secured under the direct observation of the Government of Dubai. And I think this is a great initiative to support AI as it develops.
Education and Research: The UAE has invested in AI education and research, and it is mandating that all government employees go through tech education to understand the basis of the technologies they will use. AI is part of the courses. Even H.H. Sheikh Mohammed Bin Rashed (Ruler of Dubai) has gone through it and I think it is very admirable that he himself has walked the path he set for his government. Universities and research centers have been established to train AI professionals and conduct cutting-edge research.
Regulatory Sandbox for AI: The UAE’s Telecommunications Regulatory Authority (TRA) launched a regulatory sandbox for AI and AI-related services. This initiative allows businesses to test AI solutions and services in a controlled environment to ensure they comply with regulations, and it is reported to the government. I think this is a prerequisite when AI is tested not only by identified few but by anyone independent who wishes to challenge the tool before it is released for use. And it is strong attraction to young business entrepreneurs who wish to come to the UAE and introduce their technology, tested and release it under the eye of the government.
Data Privacy and Security: The UAE has also taken steps to address data privacy and security concerns. The UAE introduced the Data Privacy Law in 2020, which regulates the processing of personal data and aligns with international standards, a lot has been replicated by EU GDPR.
AI Ethics and Guidelines: The UAE government has emphasized the importance of AI ethics and has initiated efforts to establish guidelines for ethical AI use. Again, UAE has studied the AI guidance released by GDPR and is following the example.
My Final Thoughts
One thing to underscore, is the stark fact as to why AI is popular with businesses is that Technology doesn’t get tired, call in sick, or take vacations, and it doesn’t need breaks for food. Technology just keeps working and working. That is a huge benefit to any company.
The actual dilemma here is that creating and adopting rules to govern AI takes time while technology is accelerating daily, and the ability to explain to lay individuals, who many lawyers and judges are because they lack the technical expertise, will take time.
We need digital expert professionals not IT professionals. We need specialized professionals no one can be expert in everything, that there is no one particular type of expertise that fits all shoes.
Moreover, the experts themselves are limited in what they can provide to the fact finder about how the software was trained or how the algorithms that manipulate the software was prepared since we recently moved to another level of machine learning when machines start learning with such enormous amount of data and when the machine takes over and start writing its own algorithms.
Finally, when we talk about law/justice, the harsh reality which has been confirmed by the recent statistic of the OECD has shown that only 46% of human being live under the protection of law. Unfortunately, our courts are not serving people who are in dire need of help and justice and simply can’t afford it. This reality must be our strong drive for a new mindset while using AI technology.
