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It is important to note that AI best benefits the legal industry when it is used on fact finding and information gathering tasks. AI cannot replace the key skills that a lawyer possesses, interpreting the law and applying to the client’s case. Ultimately, a lawyer’s job utilises creativity and insight. AI currently does not have the ability to use ingenuity and find the best answer out of multiple solutions. This is because AI currently uses algorithms to link facts to a predetermined solution.
The law cannot work this way, we constantly see court decisions being published changing the legal position and court cases frequently being overturned by more recent decisions. While cases can have similar features, their exact facts are never the same, there is always at least one thing that is different (for example, a different builder). That one circumstance could change the outcome of the client’s success. This is something humans can identify and in contrast, AI may be able to identify what facts are different from another case, but it cannot identify the gravity of that difference.
Lawyers can use AI to find information, but a lawyer should not rely on AI to provide the final solution. Lawyers still need to spend the time to review AI generated material, proofread that the material is correct and more importantly, lawyers still need to engage themselves in interpreting the information to the client’s case themselves, and not rely on AI to interpret the information.
Lawyers should not forget their ethical duty to not bring the legal profession into disrepute. If AI is not given the correct instructions by the lawyer when information finding, then AI may use interstate legislation or case law. If the lawyer does not manually verify that AI’s information does correctly apply to their jurisdiction, then the client will be given misleading information which may contribute towards damaging the public’s faith in the legal industry’s competence. Lack of competence leading the legal profession into disrepute may breach a lawyer’s ethical duties and can not only damage the legal profession’s reputation, but lead to disciplinary proceedings brought against the lawyer. AI can be tricky to learn, it will take a few tries to lock down the correct instructions to give to AI so they can provide the right information to lawyers.
Learn more about Kayleigh, the work she does for NB Property Law or contact her via email.