AI's role in law raises questions about job replacement, emotional understanding, and ethical use, but human lawyers' empathy remains irreplaceable.
October 2, 2024
AI's role in law raises questions about job replacement, emotional understanding, and ethical use, but human lawyers' empathy remains irreplaceable.
A hot-button topic in today’s world is centered around artificial intelligence, commonly referred to as “AI”, and whether AI will make all of our jobs obsolete. The jobs at risk are not solely focused on checking out from a grocery store or AI making our food at restaurants; rather, the world of artificial intelligence has made its way into the field of medicine, engineering, law, and all other areas which you may either personally work, or where someone you know works and earns their livelihood.
Most people are unfamiliar with what attorneys do in their day-to-day lives and, if lucky enough, may have never had to seek legal counsel for assistance. That being said, if it has not happened yet, the need for attorney representation may occur at some point in the future. Further, the need for legal representation doesn’t always have to be met with a negative connotation. For example, you may want to create an estate plan, i.e., trust, will, or power of attorney. When you get to that point in life or need legal guidance for other reasons in the future, will you be working with a human, artificial intelligence, or both?
As humans, we likely realize there is inevitable error in the work that we do. From an estate planning perspective, it may be largely appealing to work with a “foolproof” system to create a trust or will that incorporates exactly what your goals are upon passing. One may find additional comfort in knowing that some sort of “superior” intelligence has created a document to provide your decedents and beneficiaries with unflawed guidance regarding your passing wishes. Such comfort may be furthered by knowing that your family will [hopefully] not have to go through a lengthy battle attempting to ascertain the meaning behind your will, in turn, allowing them to mourn your loss peacefully.
On the other hand, estate planning, similar to other areas of law, may be one of the most intimate interactions you have with the legal world, whether that interaction is with a human advocate or artificial intelligence. Accordingly, some individuals may prefer to sit down with the legal advocate and speak face to face with them, knowing that the person they are looking in the eyes is going to be the individual to help provide them with certainty as to what will occur with their estate, and clear guidance for the family upon the passing.
Talking about what occurs after death can be daunting and intimidating for some. It may push you firmly in one direction or the other regarding your stance on using artificial intelligence in the legal field. Other areas, such as family law, push you towards the realities of “now” rather than “later” and may result in a very different stance regarding the use of AI.
As previously stated, humans make an unpreventable amount of error, no matter how careful and cautious we may be. The key difference between AI in estate planning and AI in family law is that estate planning goals can generally be assessed and accomplished through an inventory of assets and determining how you want to distribute said assets upon death. As for family law, that is not possible or preferred.
Family law encompasses broad ranges of our lives – from fighting over custody of your child[ren], terminating parental rights, adopting a child, or divorcing a spouse. The emotions felt through the litigation process in the above-listed realms of family law are unspeakably heightened. A critical difference between AI as your attorney and a human as your attorney is that AI cannot feel emotion or empathy or relate to the human-like experiences and emotions you are going through during a divorce or custody battle. The ability to relate to who you are working with may trump all the benefits that AI may be able to provide.
That being said, the concerns do not start and stop at client preference. Rather, there are ongoing issues relating to the ethical considerations of utilizing – or not utilizing – artificial intelligence in the practice of law.
Privacy and confidentiality are part of key parts of attorney-client relationships, with ethics being the backbone of what is expected from litigators. Maintaining confidentiality has the power to make or break some cases. The lack of such confidentiality may make clients hesitant or unwilling to be honest with their attorneys. An additional consideration is what if your attorney does not utilize the power of AI throughout their representation. In contrast, their opponent may use AI through all means possible when representing the other side. Does that give the other side an unfair advantage? Are there biases at play as a result?
Not only do you have to wonder if it makes sense emotionally for you and your clients, but you must also determine whether such use is/should be permitted ethically.
This article likely oversimplified what must be considered as we look into the future and assess the implications if AI makes a further push into the legal world. Is it possible for the profession of a lawyer to become utterly meaningless? If we can use AI as a crutch, will we need fewer attorneys? What happens to the economy of our state, as Iowa has two law schools: Drake Law School in Des Moines, Iowa, and The University of Iowa College of Law, Iowa City, Iowa?
Considering the true implications and what we understand the power of AI to be at this time, it is unlikely that the profession will become moot. When determining how you want your estate to be distributed, who you want to care for you from both a financial and healthcare perspective in the event you become unable, fighting a lengthy contract dispute, or determining how much spousal support you will pay your soon to be ex-spouse, no amount of artificial intelligence trumps the feeling of shaking your attorney’s hand and them saying “I understand.”
There is no denying that AI has benefits and drawbacks. Suppose attorneys can learn the correct balance between utilizing new technology for the better, maintaining confidentiality, and continuing to represent their clients to an extent better than ever before. In that case, AI has the potential to be a great new resource in this field. The use of AI – both from a legal perspective and in all other areas of employment – is too new this time to fully ascertain what flaws and benefits will come from the power it holds.
Thankfully, due to the ample number of attorneys still practicing and still going to school to become educated in the law, you can have a personal and relatable experience coupled with a nearly error-proof attorney. Accomplishing such a feat may take some shopping around and asking the question, “does your firm use artificial intelligence?”
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