The legal profession has witnessed a significant integration of artificial intelligence (AI) tools, primarily utilized by large firms for tasks like automating reviews and predicting outcomes. By 2022, three-quarters of major solicitor's law firms were incorporating AI into their operations, marking a shift towards mainstream adoption.
The trend, once exclusive to established firms, has now extended to smaller and medium-sized practices, offering potential benefits to legal professionals and clients alike. The use of AI is expected to automate time-consuming tasks and enhance speed and capacity, particularly beneficial for smaller firms with limited resources.
The Solicitors Regulation Authority (SRA) predicts in its 2023 Risk Outlook Report that AI can bring efficiency and transparency to legal processes. However, concerns arise due to the lack of rigorous auditing, potentially leading to errors and misinformation, risking improper advice and even miscarriages of justice.
A case in the United States, where a lawyer submitted a brief with fabricated judicial decisions, highlights the importance of monitoring AI systems. In response, English judges received guidance in December 2023, emphasizing the need for cautious use of technology.
The UK's approach to AI remains reserved, focusing on industry-initiated controls rather than imposing strict regulatory frameworks. This stance differs from the EU's more stringent AI Act, raising questions about the balance between innovation and regulation.
While AI promises enhanced access to justice, concerns about the digital divide persist. Many individuals lack regular internet access, necessary devices, or financial means to utilize AI tools. Accessibility challenges extend to those who may struggle to interpret AI instructions, such as the digitally excluded due to disability or age.
The Sentencing and Punishment of Offenders Act (LASPO 2012) has already widened the gap in access to legal representation due to funding cuts in legal aid. As financial crises deepen, the number of individuals representing themselves in court is increasing.
Even if AI tools were accessible to self-represented individuals, the potential difficulty in understanding legal implications and presenting information effectively before a judge raises concerns. Legal professionals provide not only information but also support and reassurance to clients, which AI may struggle to replicate.
In the evolving landscape of legal technology, the integration of AI offers opportunities for efficiency and accessibility. However, addressing challenges related to errors, biases, and the digital divide is crucial to ensuring that AI truly enhances, rather than hinders, access to justice.
