AI For Lawyers by Noah Waisberg & Dr. Alexander Hudek

Author:Noah Waisberg & Dr. Alexander Hudek [Waisberg, Noah & Hudek, Alexander]
Language: eng
Format: epub
Published: 2021-02-03T00:00:00+00:00

This ruling is probably the most important indication of how courts will view whether a machine can commit UPL, at least in the USA. If a machine cannot, by definition, engage in the practice of law, how can software ever be responsible for unauthorized practice, even when consumers use it without mediation or oversight by a lawyer?

Today, most legal AI with significant adoption tends to be tools used with lawyers somewhere in the loop (apart from the expert systems powering offerings like LegalZoom or Smartlaw.de). For example, in eDiscovery, many (but not all) contract analysis use cases and judicial prediction systems all have a human in the loop. There is no prohibition on non-lawyers (like a legal secretary or paralegal) doing legal work, as long as a lawyer supervises them. This should be the same with an AI—entirely unproblematic if used to do legal work under supervision of a lawyer. Over time, we expect to see more and more direct-to-(non-lawyer)-consumer legal AIs, and it will be fascinating to see how these are regulated, if at all. Lawyers often get to regulate themselves. They are supposed to do so for the benefit of the public, but there can be real tension here between the needs of lawyers (who tend to be helped by less competition) and what's good for society at large. Direct-to-consumer legal AI raises serious questions, including whether the AI has the requisite legal knowledge; whether it should have the obligations that come from being a lawyer, such as the adherence to the high principles and rules; whether AI should be regulated; and whether the people who build or train legal AI should have to be lawyers.

As the legal system works through these questions, it may face governments weighing in, as happened in Texas after its attack on Nolo, or occurred in the United Kingdom, where legislatures dramatically liberalized rules around who can do legal services in 2007.

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