One in four American adults believe artificial intelligence (AI) will reduce the total number of jobs in the next 10 years, as reported by a Bentley-Gallup Business in Society study. The onset of AI in everything people do is prompting concern, but law professionals know there are some things AI cannot do better than a human. In fact, there are some things AI should not do.
Robots vs. Lawyers
The self-described first robot lawyer DoNotPay was the topic of the AI debate when Chicago-based law firm Edelson proposed a class action lawsuit accusing DoNotPay of practicing law without a law license, according to Reuters. Founded in 2015, DoNotPay was designed as an application for users to contest parking tickets. Today, the tool claims on its website to use “artificial intelligence to help you fight big corporations, protect your privacy, find hidden money and beat bureaucracy.” While DoNotPay denied any allegations, the complaint argued against its credibility stating “DoNotPay is not actually a robot, a lawyer, nor a law firm. DoNotPay does not have a law degree, is not barred in any jurisdiction, and is not supervised by any lawyer.”
Arguments against AI tools are difficult to try in court because their impact is only potential. DoNotPay’s lawsuit, for example, was dismissed in Illinois on the grounds that the “…case pits real lawyers against a robot lawyer” without showing how they were harmed, as reported by Reuters. DoNotPay’s outcome demonstrates the future of AI in law is unclear, but worth understanding.
What AI Can and Cannot Do
Concerns around AI’s role in law are valid, but they should not frighten law firms from learning to safely leverage its capabilities. However, firms must understand using AI too frivolously, or depending on it too heavily, could expose them to risks resulting in malpractice claims, or other legal liabilities. Consider the list below of what AI can and cannot (or should not) do in law firms.
AI Can:
Manage billing: Billing processes have been a longstanding, rather contentious issue in the legal space. AI can help efficiently bill clients and reduce lost billable hours.An automated billing process ensures clients are regularly billed on time for every reported hour of work.Many systems send regular reminders as well.
Streamline legal research: On any given case, lawyers will be tasked with hours of sifting through legal data. AI can help analyze databases to identify the resources lawyers might need.
Automate and manage documents: The days of paper documents are over. In fact, automating documentation management can help law firms find things quickly and reduce search times in specific documents.
AI Cannot:
Display human emotion: The client/lawyer relationship is crucial in the practice of law. AI cannot display the human emotions such as empathy required to build a trusting relationship. In many cases, people seek out AI tools because they do not trust lawyers or are looking to streamline a process. Attorneys should see this perception as a warning and lean into building relationships with clients that foster trust.
Finalize documents: No document that is automated or edited by AI should ever be considered final until it goes through an approval process by trained attorneys. Editing processes should be thorough to ensure all errors or incorrect language is caught and fixed. Law firms should ensure their attorneys understand the limitations of AI including contextual errors, misinformation or incorrect names.
Comprehend complex cases: Very few aspects of law are one-size-fits-all. AI is not able to understand the nuance between cases, especially more complex cases. Attorneys should never allow AI to interpret cases or information for them.
With so much fear around AI, many law firms are opting to avoid it altogether. However, doing so runs the risk of falling behind industry peers. AI does have a place in law, but it is not to replace law professionals. To avoid potential harm for a law firm related to AI, leaders should approach it as a tool to assist them and understand the risks involved. An insurance professional who specializes in law could be an invaluable asset to law firms looking to safely implement AI into their firms. Consider evaluating your law firm’s practices and where AI could provide value.