… This paper sets out the technological background by outlining machine learning and its potential, the use of computer technology in law, and the pressures for ever-greater exploitation of its capabilities. It then explores the implications of extensive AI penetration into legal services for the legal profession. Finally, it considers the practical consequences of replacing (wholly or partially) lawyers and judges with AI-enabled machines; the effect on the adversarial system; and the risks to public confidence in the administration of justice, to institutional legitimacy and the rule of law.
The discussion is mainly concerned with civil proceedings, leaving out the use of AI in the criminal process, which merits a separate discussion. The focus is on AI strategies which are capable of generating autonomous outcomes, as distinguished from mechanical uses such as replacing paper with digital formats, or word searches. Questions about the abuse of AI, the potential for undue interference (political or fraudulent), and other aspects of digital security are not addressed.
Adrian Zuckerman, ‘Artificial intelligence – implications for the legal profession, adversarial process and rule of law’ (2020) 136 Law Quarterly Review (July) 427.