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| Ayo Adesomoju |
This article offers an analytical viewpoint on the implications for the future of law by examining the benefits and challenges technology presents to the legal profession.
Law is a set of norms and regulations that govern conduct within a community, enforced by institutions to ensure social order. Technology is the practical application of scientific knowledge. This application enhances the legal environment by improving the efficiency, accuracy and accessibility of legal services through tools such as legal research platforms, document management systems, online dispute resolution and artificial intelligence (AI) for predictive analytics.
Advantages of technology in law
- Improved access to justice and legal services: People who are unable to conveniently commute to physical locations where they would access legal services can now access such services through online legal platforms and virtual courts. For instance, the Online Dispute Resolution (ODR) services offer a practical and affordable alternative to appearing in person in court to settle disputes. It encourages more involvement in the legal system.
- Blockchain technology and smart contracts: These two innovations are redefining business law. With their conditions explicitly encoded into codes, smart contracts are self-executing agreements that increase transaction security by doing away with the need for middlemen. With the use of this technology, transactions in fields like corporate law, intellectual property and real estate should be more swift, secure and less likely to result in legal problems.
- Predictive analytics in legal strategy: Using predictive analytics in the legal field has become a vital resource for attorneys. Attorneys can create more successful legal tactics by predicting the expected result of cases by reviewing previous data. Understanding the likely verdicts of juries or judges may be a big benefit in litigation, which is where this technology has proven very helpful.
Disadvantages of technology in law
- Ethical issues: The use of AI for decision-making raises ethical concerns, especially regarding prejudice. AI systems can only be as good as the data they are trained on; they may reinforce or even worsen pre-existing prejudices. This is more obvious in criminal justice, where discriminatory practices or disproportionate punishment may result from biased algorithms. To make sure that technology advances justice, the legal profession must address these moral dilemmas.
- Cybersecurity risks: The growing reliance on digital technology makes courts and law firms more susceptible to cybersecurity threats. Legal organizations are easy targets for hackers because they store a lot of sensitive data. Significant financial and legal ramifications, as well as harm to legal institutions’ reputations, can arise from data breaches. Therefore, it is crucial to have strong cybersecurity safeguards in place to maintain the integrity of legal services and procedures.
- Regulatory and compliance issues: Regulatory frameworks sometimes struggle to keep up with the fast expansion of technology. Because rules and regulations might not keep up with technology advancements, this leads to regulatory ambiguity. To ensure conformity with changing legal norms across several jurisdictions, legal service providers must stay up to date. This is especially important in fields like privacy and data protection, where laws are constantly being updated to catch up with technology advancements.
- Effect on legal jobs: The automation of legal tasks by AI raises concerns about the future of legal jobs. While technology enhances productivity, it threatens roles involving repetitive tasks. To adapt, the legal profession must focus on areas where human skills like empathy, judgment, creativity and emotional intelligence are irreplaceable. Also, AI can create new roles within the legal sector such as managing AI systems, interpreting AI-generated data and integrating AI insights into legal strategies.
Recommendations
To effectively utilize technology while managing its challenges, the following steps are essential:
- Establish ethical standards for the use of AI in the legal profession to ensure transparency, accountability and fairness and prevent bias.
- Invest in strong cybersecurity measures, including regular updates, training and advanced encryption, to protect sensitive data.
- Collaborate with tech experts to create flexible legal frameworks that keep up with technological advances and address regulatory gaps.
- Legal professionals should engage in continuing education about technology. Educational institutions should also be encouraged to integrate tech-focused courses to prepare legal service providers for a tech-driven future.
Conclusion
By 2025, it is expected that the legal profession and justice system will increasingly integrate technology. Justice Paul Perell in Drummond v. The Cadillac Fairview Corp. Ltd., 2018 ONSC 5350, clearly described the impact of technology on legal research (legal research in this context is regarded as a synecdoche for law) when he stated that:
The reality is that computer-assisted legal research is a necessity for the contemporary practice of law and computer assisted legal research is here to stay with further advances in artificial intelligence to be anticipated and to be encouraged. Properly done, computer assisted legal research provides a more comprehensive and more accurate answer to a legal question in shorter time than the conventional research methodologies, which, however, also remain useful and valuable. [Para. 10]
Technology brings tremendous benefits and challenges. The legal profession can maximize its benefits if it takes a proactive and strategic approach.
It is also foreseen that AI literacy will become a standard requirement for legal professionals in the future.
Ayo Adesomoju of Dove Law Practice is a dynamic legal practitioner with expertise in commercial law, compliance and privacy across public and private sectors. He collaborates with alternative legal services providers to assist a diverse clientele, helping them navigate complex legal challenges. Adesomoju provides tailored legal solutions that prioritize compliance and risk mitigation in an ever-evolving regulatory landscape. Adesomoju may be contacted via email.
The opinions expressed are those of the author and do not reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
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