The Role of Artificial Intelligence in Legal Justice: Prospects and Obstacles
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As legal justice editors, my colleagues and I engage extensively with legal documentation. Previously, if I encountered a citation like “Bourguignon v. Coordinated Behavioral Health Servs, Inc., 114 A.D. 3d 947 (3d Dep’t 2014),” I could reasonably assume the existence of the referenced case, even if its significance might have been downplayed.
However, the advent of artificial intelligence is introducing a level of uncertainty. The example above, involving ChatGPT, an AI chatbot, fabricated a scenario that did not occur. Contrastingly, the Second Circuit Court of Appeals upheld restrictions against Jae S. Lee, the actual plaintiff in a medical malpractice lawsuit against a New York physician, last year.
For AI models with extensive vocabularies that generate text by predicting forthcoming words based on prior context, such “hallucinations” are not uncommon. Lee’s experience is not unique, as other legal professionals, including Michael Cohen, formerly associated with Donald Trump, have faced consequences for inadvertently incorporating AI-generated content without verification. In response, the Fifth Circuit Court of Appeals introduced new guidelines mandating plaintiffs to validate the authenticity of AI-generated content. Similar directives have been issued by specialized legal bodies.
While there is limited evidence of widespread AI misuse in the legal field currently, its integration is anticipated to become more prevalent. When questioned by The American Lawyer, 41 law firms confirmed the utilization of AI for tasks such as document summarization, transcript creation, and legal research. Advocates of AI implementation argue that the efficiency gains could lead to enhanced client services at reduced costs and time investments.
Similarly, the emergence of AI in law enforcement is viewed by some as a potential avenue to broaden access to justice. Envisioning a scenario where technology empowers public interest attorneys to serve more clients, proponents highlight the existing limitations in accessing legal professionals, particularly for low-income individuals and criminal defendants.
The California Innocence Project, a legal entity at the Western School of Law dedicated to overturning wrongful convictions, employs CoCounsel, an AI legal assistant, to identify patterns in records, such as inconsistencies in testimonies. By streamlining case selection processes, AI enables legal practitioners to focus on cases with higher potential impact, as noted by former managing attorney Michael Semanchik.
Despite the promising applications of AI in the legal domain, concerns regarding ethical implications persist. Issues such as lawyers attempting to pass off AI-generated work as their own and data security risks raise significant apprehensions. The potential scenarios where client information is provided directly to AI systems, bypassing attorney-client confidentiality, underscore the need for robust safeguards and ethical considerations.
As the legal landscape continues to evolve with technological advancements, the debate around AI’s role intensifies. The inherent biases present in AI algorithms, if not addressed, could perpetuate discriminatory outcomes in legal contexts. Furthermore, the emergence of digital platforms offering legal services raises questions about the future dynamics between AI-driven solutions and traditional legal practices.
In contemplating the transformative potential of AI in legal settings, considerations about democratizing legal services and addressing systemic inequalities come to the forefront. While AI can enhance access to legal resources for underserved populations, its implications on legal proceedings and the overall justice system warrant careful evaluation.
The evolving intersection of AI and law prompts reflections on the balance between leveraging technology for efficiency and preserving the integrity of legal processes. As the legal community navigates this technological frontier, the American Bar Association ponders the evolving role of AI, potentially serving as a neutral arbiter providing swift solutions for individuals seeking legal recourse.
