IMPORTATION
OF ARTIFICIAL INTELLIGENCE (AI) INTO LITIGATION
By- Newness Oyelade
Introduction:
In the early 1940s and 1950s, some scientists began
to discuss whether or not it was possible to create a brain that is artificial.[1]
The term AI was first coined at Dartmouth College, Hanover, New Hampshire, USA.
Marvin Minsky defined AI as the science of making
machines do things that would require intelligence if done by men.[2] Summarily,
AI leverages computers and machines to mimic the problem-solving and
decision-making capabilities of the human mind.
Artificial Intelligence has ushered in unparalleled
opportunities to various industries all over the world, and the legal industry
is no exception. Recently,talks have begun on introducing AI into legal
practice, particularly litigation- which is the process of carrying on a
lawsuit in a court of law.[3]
This essay critically examines the role AI plays in litigation, its benefits,
and challenges.
AI IN LITIGATION: BENEFITS AND
CHALLENGES
Litigation in the 21st century has become
really competitive, as dynamism in law has made it compulsory that lawyers
remain on their toes always. For lawyers who can effectively utilize artificial
intelligence, they’re majorly advantaged. Some of the benefits of AI in
litigation include:
v Expediting tasks: Aside
from the fact that tools powered by AI automate many of the tasks that lawyers
perform manually, AI hastens important aspects of litigation, such as document
reviews.
v Improved accuracy and consistency: AI
can be used to effectively analyze large amounts of data, like judicial precedents
and statutes, accurately and consistently. This can help identify latest
developments in specific areas to make it easier to win cases. It can also be
used to develop good legal arguments.
v Time saving: AI
works more effectively and faster than the human brain. Hence, it can be said
that it’ll save time used in preparing briefs and arguments, as these will be
done in no time.
Having discussed some
benefits accrued to the use of AI in litigation, there are also few downsides
to its usage. AI codes are generated by humans, this implies that it’s not
impossible for someone with a good knowledge of coding to hack into it and
steal vital confidential information. This will breach the lawyer-client
confidentiality agreement which may be devastating, considering the sensitive
nature of the legal industry.
It is worthy of note
that though AI may make litigation easier, it may render some lawyers jobless
as their services will no longer be needed. This will be unfair to persons who
have put in so much time, money and effort to become a lawyer. It’ll also
affect dozens of families whose breadwinners have been rendered jobless.
Conclusively, AI in litigation
can be really advantageous. However, it is important to find a balance to
prevent or reduce the disadvantages.
[1] Kaplan Andreas, Artificial Intelligence, Business and Civilization – “Our Fate Made in Machines” (March 11, 2022),