Changing face of legal practice

AI is changing the legal profession in unprecedented ways. PHOTO | SHUTTERSTOCK

The reluctance to change traditionally characterises the legal profession, but the practice is now at the vanguard of a technological revolution.

The development of artificial intelligence (AI), particularly generative AI and machine learning, triggers this revolution. These technologies have the potential to automate a large percentage of legal work.

In an era defined by rapid technological breakthroughs, old paradigms of legal practice are undergoing a dramatic transformation disruption brought about by AI and machine learning. Viewed positively, it is a once-in-a-lifetime opportunity for constructive transformation in the legal field. The legal system has the potential to address concerns of accessibility, affordability, and fairness.

Read: NDEMO: Ethical considerations in AI

Although most lawyers, also known as ‘learned friends’, have not come to terms with the transformation that is going on, AI is changing the legal profession in unprecedented ways. And it is also creating new possibilities in an era where the industry is confronted with the imperative to innovate.

As the landscape of legal services evolves with the rise of alternative providers, there is also an increase in the commodification and commodification of legal tasks.

Global studies reveal the inadequacy of current legal systems, underscoring the urgency for disruption in the legal sector. In many African countries, for example, access to legal services is a luxury afforded only by a few, exacerbating the violations of the right to a fair trial.

A study in Namibia highlighted the affordability problem, attributing it to limited competition and an overburdened public assistance administration. The solution, as proposed, involves a combination of enhanced competition and broader cost-sharing.

The latest report by Goldman Sachs on the Future of Legal Practice estimates that 44 percent of legal tasks and services could be automated, underscoring the disruptive nature of these technologies within the legal domain. This disruption, however, is not merely about streamlining processes but also promises to address longstanding issues in the legal sector.

One pressing concern, which has been there for a long time, is access to legal aid. This is mainly for criminal defendants who cannot afford legal representation. Despite international efforts, such as those led by the UN, the gap between legal provisions and their implementation remains substantial.

The right to a fair trial has always been a cornerstone of the Universal Declaration of Human Rights. However, it is often compromised, further exposing vulnerable populations to the risk of abuses such as torture, coerced confessions, and arbitrary or prolonged pretrial detention.

Technology’s disruptive potential in the legal sector becomes evident when considering its ability to bridge these gaps. By automating legal tasks, generative AI could significantly reduce the cost of legal services, making them more accessible in both developed and developing countries. The impact on the right to a fair trial would be profound. Automation will contribute to a more streamlined and reliable legal process.

And as large firms automate tasks previously carried out by excess labour, there is also an opportunity to reevaluate the geographical distribution of legal services. Technology also has the potential to redistribute legal services to underserved rural areas in a profession historically concentrated in urban centres.

This aligns with the principles of fairness embedded in the Universal Declaration of Human Rights and sheds light on professionalism within the judiciary, potentially challenging the dominance of senior lawyers and fostering a more diverse legal landscape.

However, the benefits of disruptive legal technology extend beyond access to legal services and geographical distribution. They also hold the key to addressing the financial challenges that junior lawyers are always facing. Historically underpaid and often serving as legal assistants, these professionals stand to benefit from the efficiency gains brought about by technologies. As tasks become automated, the workload will be more manageable and potentially improve the junior lawyers’ incomes and job satisfaction.

Embracing technology-driven disruption addresses affordability issues and creates greater competition within the legal sector. Trailblazing legal practices use generative AI for legal research, due diligence, and data analytics.

Contrary to concerns about job displacement, technologies are emerging not as a threat but as a catalyst for a legal system that is not only more efficient but also more just. Disruptive technologies will shape the future of legal practice. As the legal profession navigates this era of innovation, the focus should shift from seniority to technological proficiency.

Also read: Is the world ready to give robots legal rights?

And this promises a more accessible, inclusive, and competent legal landscape.

The writer is Kenya’s Ambassador to Belgium, Mission to the European Union, Organization of African Caribbean and Pacific States and World Customs Organization. The article is written at a personal level.