Can AI Give Competent Legal Advice in a Specialised Area of Law?

Nov 29, 2022

Written By Annabel Gooden

Over the last decade, there has been a dramatic increase in the use of technology in the legal sector. In this article we will look at what AI actually is and how lawyers are using AI in their specialist fields. We’ll also consider some concerns about accuracy and the risks of using AI.

What is AI?

Artificial Intelligence (AI) is the power of a machine to carry out functions usually done by human beings. Think about some of the more repetitive types of legal work you might come across, such as proof-reading documents and monitoring court deadlines. Computer software is already being used to automate some of these tasks.

As technology develops, clients expect their lawyers to keep up with change and to keep costs down. After all, why should a client pay for a team of paralegals to analyse legal documents when the same work could be done in a fraction of the time using automated systems?

Law firms are making use of AI in a variety of ways both internally and when working on client matters. How then does this work in practice, in specialised areas of law?

Practice and Case Management

AI systems have been developed to monitor workflows and speed up internal processes, improving efficiency. Cost savings made within law firms get passed onto clients, saving them money.

Law firms also develop products for their clients. Addleshaw Goddard’s ‘Innovation and Legal Technology Team’, for example, sells legal tech systems to their in-house legal teams of corporate clients.

At another City firm, Osborne Clarke Solutions offers clients a bespoke service for solving legal and commercial problems. Osborne Clarke’s immigration team utilised this to develop a case management platform. This simplified the employee immigration process for the firm’s client, OVO Energy.

The platform has a case calendar, deadline and reminders system and many other customisable features.

Document Automation

Document automation is the automatic production of legal documents which might otherwise have been drafted from scratch. Something particularly interesting is the way computers can be programmed to analyse information, much like a human brain.

Document Analysis

AI can be harnessed to improve the quality and efficiency of client-related work. Computers can learn algorithms in order to search through vast amounts of data, a process known as ‘machine learning’.

Luminance is one such example of advanced AI technology being used by lawyers and has been embraced by Magic Circle firm Slaughter and May. The ‘Diligence’ tool has been designed specifically to “think like a lawyer” and to be utilised during the M&A due diligence process.

This technology understands natural language in much the same way as Google and is programmed to recognise patterns in data and uncover risk areas far quicker than a human.

Kira is another machine learning software designed to identify provisions in legal documents and is used by other firms including Clifford Chance, Allen & Overy and DLA Piper.

As well as making existing work processes more efficient, the most innovative firms are actually using AI to create new services to sell to clients and often in quite specialised areas of law. But with all this change happening so fast, how can lawyers be sure that they maintain quality of service and that the work is accurate?

AI in the Law - Concerns and Risks

AI systems are certainly not perfect. An algorithm was developed by teams at the University College London and partner universities to predict the outcome of legal cases. The algorithm achieved a 79% accuracy rate when applied to 584 decisions by the European Court of Human Rights.

Imperfections like this exemplify why it is important to consider whether errors can be easily spotted and who takes responsibility when things go wrong? Because of SRA rules, lawyers are responsible for the advice they give, whether or not they are using supportive technologies.

Lawyers are professionals for whom reputation, competence and trust matter enormously. There are data protection and security issues to consider in relation to storing client data. There are also concerns around accuracy when it comes to entrusting machines to carry out document analysis. Even the most sophisticated AI systems are not immune from developing issues and can be vulnerable to security breaches.

AI in the Law - Benefits and Possibilities

It’s not all doom and gloom, however. There are many reasons to be optimistic about the benefits of AI, not least because of the successes of systems like Luminance and Kira. When incorporated well, technological solutions are typically more reliable and consistent than people, especially when carrying out repetitive tasks.

Furthermore, while AI used to be the preserve of Silicon Valley types and specialist IT departments, this is no longer the case. Companies like the no-code tech-platform BRYTER are making user-friendliness a priority.

There is also still a place for lawyers as human beings, working to solve real client problems. Soft skills remain important. In our interview with Harriet Loach, Taylor Wessing’s Innovation Manager, Harriet explained that client engagement was a key part of her role.

What does the future hold?

Professor Richard Susskind, in his book, Tomorrow’s Lawyers, indicated that by the next decade the legal sector ‘will have changed beyond recognition’. According to Susskind, AI presents opportunities that lawyers should embrace rather than fear.

Monitoring risk will remain important, as will making sure that the right technologies are used in targeted ways. It is undeniable, though, that AI will continue to drive productivity and give technologically progressive law firms a competitive edge.

Legal Technology