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Jan 23, 2023

Written By Lauren Ainscough

What technology do lawyers use?

Jan 23, 2023

Written By Lauren Ainscough

Technology has become an indispensable part of modern life and has undoubtedly had a considerable impact on the legal profession. Technological innovation in law was especially evident during the COVID-19 pandemic, which saw the legal sector making use of technology in new ways and at unprecedented levels. Here is a flavour of the kind of technology you will encounter during your legal career.

What can technology do for lawyers?

Lawyers have notoriously been risk-averse and reluctant when it comes to adopting new technology in their professional work. However, the COVID-19 pandemic has fuelled the legal sector to embrace technology as a valuable tool, especially as much of the profession was required to work remotely.

A greater embracing of technology by lawyers has produced many advantages for firms, chambers, courts and clients. Not only has technology enabled law firms to expand into global markets, but it has also allowed firms to reduce mistakes caused by human error and become more efficient in using their resources. Rather than using human resources for routine tasks such as document review, firms can implement a variety of technological solutions and instead focus their human resources on more complex work and client interaction.

These technological solutions are more cost-effective, often bringing down the cost of legal services and making these more widely accessible. But exactly what technology do lawyers use?

Artificial intelligence

Artificial intelligence (AI) software, by imitating human cognitive processes, allows computers to conduct tasks usually performed by humans. This technology can review mass amounts of data at a fast pace in order to identify trends and draw inferences.

Lawyers use AI to automate and simplify numerous low-level, standardised tasks. For example, lawyers can input key terms into AI-powered search algorithms such as Westlaw and LexisNexis, which then only yield precedent relevant to their case, significantly speeding up legal research. AI technology can also automatically analyse legal documents by using predictive coding software which ‘learns’ to flag relevant documents (for legal discovery and disclosure).

Similarly, AI can aid in the creation, tracking and reviewing of contracts, helping lawyers to speedily identify drafting errors and areas for improvement. A valuable use of AI by lawyers is for (accurately) predicting litigation outcomes: AI reviews trends within existing case law to provide a statistical analysis on the likely outcome of a case.

The use of AI in the above examples enables low-level, routine tasks to be done quickly and automatically, allowing for a more efficient prioritisation of more complex or client-based tasks, better accuracy (resulting from less human error) and more cost-effective solutions for firms.

Smart contracts

A smart contract operates by converting the terms of a contract or agreement directly into lines of computer code, a code which consists of “if/when…then…” statements. These statements allow for a transaction to be executed automatically (for example, registering an asset) when a certain, predetermined condition is met (such as certain funds being raised).

Smart contract technology requires no middle man to authorise transactions as contracts are automatically enforced by code rather than by people, making them self-executing. Therefore, like AI, the use of smart contracts removes the risk of human error, speeds up the contractual process and saves time and money for lawyers and other users.

Smart contract technology is particularly valuable for lawyers as the computer code is held within a blockchain network, effectively a digital compilation of information concerning transactions (a ‘ledger’). This blockchain network is not solely controlled by one entity (it is decentralised) and any entries on the ledger are shared with all other users of the digital network (making it distributed).

These qualities mean that blockchains are a peer-to-peer network (rather than using a bank or other ‘centralised’ entity to oversee transactions) in which all users must verify transactions. The blockchain is also described as ‘immutable’, meaning that nobody can later interfere with the contract’s code once the contract has been generated.

These qualities of smart contracts make them more secure and trustworthy than their traditional counterparts, given that they are very difficult to tamper with, reducing the risk of fraudulent transactions.

Going virtual

Lawyers have been working increasingly virtually after the COVID-19 pandemic required a shift to remote working. This virtual shift has impacted lawyers in two main ways:

First, there has been an enhanced use of video conferencing software, both for communicating with other legal professionals and providing consultations for clients. The increased use of virtual meetings (which eliminate costs and the environmental impact associated with in-person meetings) is likely to make accessing legal services easier for a large number of people.

Second, courts and tribunals in England and Wales moved onto digital platforms such as Zoom during lockdowns. Lawyers therefore used technology to examine and cross-examine witnesses and represent clients in a remote setting. Moving into a post-pandemic world, this experience has highlighted the benefits that virtual proceedings can offer for certain cases, such as cost efficiency and witnesses feeling less intimidated. However, we must carefully balance efficiency and access to justice, as many people cannot afford internet access or technologies.

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Other technology

Here is a summary of other technology typically used by lawyers…

- File sharing tools/ cloud file storage, for example Dropbox

- Computer-generated evidence and simulations, such as accident reconstructions

- Practice management software, used to streamline a firm’s operations and organise cases

- Legal chatbots

The future of technology

There are many valid fears about legal technology, such as data and security concerns, a lack of familiarity with new ways of practising or a concern that technology will take over jobs. On the other hand, the pandemic has exposed lawyers to the vast benefits that technology can offer, such as making legal services more accessible, competitive and cost-effective, and ensuring risks and concerns are properly mitigated against.

Technology is no magic bullet and is unlikely to replace all legal jobs, but it should be seen as a key tool that can assist lawyers and simplify their tasks.

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Legal Technology