Date published: 10th April 2024

Artificial intelligence (often referred to as ‘AI’) is the theory and development of computer systems able to perform tasks which normally require human intelligence and or intervention.

Today this is increasingly impacting many aspects of our lives: from Siri and Alexa in our home; to the machine learning algorithms that display content on our social media accounts; to people increasingly utilising free to use tools such as ChatGPT.

Following this national trend, AI is likely the next big change for law firms to adapt and learn from, with Lexis predicting that AI is the “legal trend that will dominate 2024”.

What is the controversy surrounding AI and how could it become increasingly beneficial to law firms?

The benefits and uses of AI

In 2018, the Law Society released a report titled ‘Artificial Intelligence and the Legal Profession’, whereby they discussed the many uses of AI in Law. These included:

  • Document analysis
  • Contract intelligence
  • Document delivery
  • Legal adviser support
  • Clinical negligence analysis
  • Case outcome prediction
  • Public legal education

Since 2018, these uses have continued to grow with the sustained development of AI. They present an exciting opportunity for law firms; AI can process data faster than humans and is able to identify patterns in the law both accurately and swiftly.

For these reasons, Lexis have predicted that firms who do not utilize AI in the future may fall behind their competitors.

Controversy surrounding the use of AI

Public opinion is reportedly divided regarding the use of AI in legal practice. The Law Society reports that clients are more inclined to believe that AI’s advantages outweigh its drawbacks, and that the justice system could be enhanced with AI. However, only 19% of lawyers currently use AI. Despite this, a significant 51% of lawyers express interest in adopting AI in the future. The lack of cohesion shown in these statistics signal a large divide in public opinion and the practical utilisation of AI.

One primary concern is that increasing the use of AI tools may reduce the amount of junior legal positions required in firms. This is because various roles fulfilled by paralegals and legal administrators, can be completed quicker by AI tools. This has the potential to reduce the amount of junior legal positions available, resulting in the legal profession becoming more exclusive and less accessible to first generation lawyers and those from disadvantaged socio-economic backgrounds.

Other concerns include the potential for AI to reduce the need for teamwork and social cohesion between colleagues. Whereas previously, problem solving has been a team task that fosters a social connection within legal teams, these tasks could now be completed solely by AI tools. There are also ethical concerns surrounding data protection and the guarding of client’s data when utilising third party AI tools and websites.

Employers are also increasingly concerned that with the rise of AI, there is an increasing need for lawyers to be proficient in utilising the technology. This may also escalate the need for training both existing and future employees about how to use AI safely within the context of industry and business needs.

A professional opinion

I discussed the above concerns with Hannah Dowd, the Head of Employment Law at Jackson Lees Group. Hannah explained that with regards to training, it is imperative that employers obtain the relevant training for the use of AI in the workplace, for example sites like Chat GPT are being used in abundance. The primary concern for employer should be whether the information that the AI provides is correct. For example, by fact checking the information using reliable legal databases such as Westlaw and Lexis.

Hannah further explained that currently there are still risks to consider when using AI, and these outweigh the benefits. One of the main risks is how AI stores data. Client confidentiality is crucial for law firms, and this includes making sure that client’s data isn’t compromised. Whilst there isn’t any AI specific legislation yet, there are areas laws which regulate data protection and the use and storage of client data.

Hannah also stated that accountability is extremely important. Despite AI’s increasing presence in the legal profession, lawyers still need to be accountable for checking their work and ensuring that their advice is accurate.  Firms must make sure that they are aware of how to use AI, with proper training and an understanding of how to mitigate the risks.

AI is going to be an inevitable part of future society and in turn part of the law and legal practice too. It’s important for lawyers to remain educated about the AI tools they’re using and that they continue to be accountable and trustworthy.