Law in the Age of AI

Introduction

Legal practice and education are undergoing significant transformations due to economic pressures and technological advances that reshape the landscape of legal services. The Great Recession initiated a paradigm shift in the legal sector, compelling law firms to enhance efficiency without compromising the quality of service delivered to clients. As a result, technology has assumed a pivotal role, with innovative solutions, particularly artificial intelligence (AI), enabling lawyers to manage similar workloads with fewer personnel, thereby impacting both legal education and job availability.

The repercussions of this evolution have manifested in the legal education sector, leading to the emergence of smaller law schools, reductions in student enrollments, tighter budgets, and, in some cases, the closure of institutions that can no longer sustain operations.

The Role of AI in Law

The promise of AI's integration into the legal field is continually evolving. This is evident in the research conducted by Jeffrey M. Lipshaw, who argues that AI will fundamentally change how legal practice is approached. Lipshaw delineates two distinct modes of thinking that are crucial in legal practice:

• System 1 (Thinking Fast): This mode encompasses intuitive, experience-based decision-making that occurs swiftly and relies on heuristics. It is critical during legal scenarios that demand quick judgment under pressure.

• System 2 (Thinking Slow): This mode involves a more deliberative and analytical approach, necessitating a conscious examination of information and facts. It emphasizes structure and logic, aligning closely with the capabilities of AI technology.

System 1 vs. System 2 Thinking

While System 1 thinking plays a significant role in legal practice due to its speed, it is prone to errors and biases. In contrast, System 2 thinking is more methodical and benefits from comprehensive data analysis. AI-enhanced systems can assist legal professionals in managing vast quantities of documentation, particularly during litigation processes. For example, AI can identify pertinent data patterns and relationships in evidence or case law more effectively than human analysis alone, thereby streamlining the research process.

Limitations of AI in Legal Practice

Despite the potential advantages AI brings to data analysis, it is not without limitations. AI struggles when confronted with questions that require deep legal insight and nuanced understanding, such as predicting case outcomes or crafting compelling legal arguments. For instance, a lawyer might rely on intuition to make a strategic decision about whether to proceed with an objection, particularly when an AI system suggests a basis for it—where a human's instinct might warn of broader implications for court dynamics.

Current Tools and Trends

A variety of AI tools are currently utilized within legal practice, enhancing efficiency and effectiveness:

• Westlaw Edge Quick Check and Casetext's CARA A.I. assist lawyers in conducting legal research by evaluating documents and recommending pertinent cases for consideration.

• ROSS Intelligence has enhanced the capabilities of natural language processing, allowing legal professionals to conduct more intuitive searches for relevant legal resources.

However, an American Bar Association (ABA) survey from 2018 found that only about 10% of law firms were employing AI tools, with larger firms more inclined to embrace these technologies. Concerns regarding the accuracy and reliability of AI systems have contributed to their limited adoption.

Observations on AI Performance

Experience with different AI tools reveals a potential for efficiency, albeit with some limitations. AI excels in tasks requiring System 2 thinking, like mining case law for relevant information, but it often lacks the expertise and insight that lawyers possess, particularly in crafting nuanced legal arguments that require a deep understanding of human behavior and the intricacies of legal doctrine.

Historical Perspective on Legal Tech

The legal field has a longstanding history of technological adoption, dating back to the early 1980s with the introduction of database research tools. The transition saw a move from rudimentary terminal-based systems to highly sophisticated browser-based platforms that revolutionized how legal information is accessed and utilized. Current AI solutions are expected to integrate similarly into the legal landscape over time, gradually shifting the dynamics of legal practice.

Conclusion

The future of AI in the legal profession holds great promise; however, it is in a developmental stage that requires careful navigation. As legal professionals increasingly accept digital tools, there will be a gradual embrace of AI technologies within the field. The importance of balancing analytical thinking with intuitive judgment remains paramount in maintaining the integrity and effectiveness of legal practice.

Author Information

George H. Pike serves as the director of the Pritzker Legal Research Center at Northwestern University School of Law, contributing substantially to the dialogue on legal research and the integration of technology in legal education.