THE INTERSECTION OF AI AND LEGAL ETHICS: A CRITICAL EXAMINATION

INTRODUCTION

In this Digital Age of information clearly ruled by technological innovations, the legal system stands at the pedestal of transformation from human decision making to machine generated decision, because of the advent of Artificial Intelligence platforms. Accuracy, accountability, promptness are the keys to deliver legal services throughout the globe. The partnership of law and Artificial Intelligence has paved the way for efficiency in services like Contract Drafting,research methodology and data-driven decision-making. However, this union has its ethical implications, prompting a critical examination of the intersection between AI and legal ethics.Why are ethics important in any field? To maintain professional standards, to maintain decorum, to avoid misuse of professional capacity. Especially in the legal profession where any law post can be taken advantage of towards any goal either legal or illegal. So, the same should be safe-guarded even using Artificial Intelligence.Million Terabytes of data is generated daily, it is almost impossible to access and comprehend this amount of data with human Intelligence on a daily basis.As AI algorithms influence legal repercussions, questions of transparency, accountability, and fairness are prime concerns.This article embarks on a critical and in-depth exploration of the multifarious challenges in the path of AI and legal ethics by critically examining the ethical implications of Artificial Intelligence in interface with legal ethics.In an era marked by unprecedented technological advancements, the intersection of artificial intelligence (AI) and legal ethics has emerged as a focal point for legal practitioners, scholars, and policymakers. As AI technologies become increasingly integrated into legal processes, questions surrounding ethical considerations, accountability, and the potential impact on human-centric decision-making come to the forefront. This blog critically examines the delicate balance between AI and legal ethics, drawing insights from relevant case laws that shed light on the challenges and opportunities at this intersection.

ARTIFICIAL INTELLIGENCE IN LEGAL SCENARIO

Artificial Intelligence is a computer which behaves like human intelligence by taking data from the system.It involves teaching the computers to make decisions based on data that requires human intelligence.

ARTIFICIAL INTELLIGENCE IN LAW

Artificial Intelligence is changing the way law offices used to function. It is becoming a commendable ally by automating functions that are carried out by human intelligence. Artificial Intelligence is basically training the computer to do the task expected to be done by human beings by way of automation. It is also a research assistant which can easily penetrate a large bulk of data and sift it as per the user requirement. Artificial Intelligence systems help lawyers by reducing their work-load and efforts. Generative AIs are helpful in crafting emails, creating different templates of legal importance like letter of intent, agreements, term-sheets, this maximizes efficiency by reducing brain-storming time, grammatical errors, and minimizing the cost of junior staff.

Artificial Intelligence is also helpful in criminal law practice. It is useful in finding legal documents to predict trends by analyzing the content of those documents, summarizing the documents, classifying them whether it is a critical analysis, persuasive piece, or has an argumentative tone. This leads to potential improvement in legal decision-making. Introduction of various Artificial Intelligence tools for different purposes has made room for taking more work and enhancing productivity, it has also made law-firm to provide their services from any corner of the world. It has heralded the era of location-independent practice. This further paved the way for remote opportunities both for law firms and its interns and employees. This clearly indicates that the scope of Artificial Intelligence is writ large that goes beyond mere efficiency.

AI IN LEGAL PRACTICE: A PARADIGM SHIFT

AI applications in the legal field have evolved from simple document review tools to more sophisticated systems capable of legal research, contract analysis, and even predicting case outcomes. While these technologies promise increased efficiency and reduced costs, they also introduce ethical dilemmas that demand careful scrutiny.

CASE LAW: R (ON THE APPLICATION OF LUMSDON) V. LEGAL SERVICES BOARD [2015] EWCA CIV 415

In this case, the Court of Appeal in England and Wales considered the role of AI and online platforms in providing legal services. The court emphasized the importance of preserving the human element in legal advice and representation. The judgment underscored that while AI tools can enhance efficiency, they should not compromise the core values of the legal profession, including the duty to act in the best interests of the client.

ETHICAL CONSIDERATIONS IN AI-DRIVEN LEGAL PRACTICES

• BIAS AND FAIRNESS:

AI systems are not immune to bias, often reflecting the biases present in the data on which they are trained. This bias can lead to discriminatory outcomes, raising ethical concerns. In the legal context, biased algorithms may disproportionately impact certain demographics. The case of Doe v. Uber Technologies Inc. (2018) exemplifies the potential ramifications of biased algorithms, as the plaintiff alleged that Uber’s AI discriminated against certain groups in the pricing of rides.

• TRANSPARENCY AND ACCOUNTABILITY:

The opacity of many AI algorithms raises questions about accountability and transparency. Legal practitioners are obligated to provide transparent and comprehensible advice to clients, yet AI systems often operate as “black boxes,” making it challenging to understand how they arrive at specific conclusions. The lack of transparency can be a barrier to fulfilling legal practitioners’ ethical obligations to clients.

• CLIENT CONFIDENTIALITY:

Maintaining client confidentiality is a cornerstone of legal ethics. When utilizing AI systems, law firms must ensure that sensitive client information is adequately protected. The case of Law Society v. Sandhu &Ors [2018] EWCA Civ 2096 highlighted the importance of safeguarding client confidentiality in the digital age, emphasizing the duty of legal professionals to protect client data from unauthorized access, disclosure, or use.

• COMPETENCE AND PROFESSIONAL DEVELOPMENT:

Legal professionals have an ethical duty to provide competent representation. As AI technologies evolve, staying abreast of these developments becomes integral to maintaining professional competence. The case of Christou and another v. London Borough of Haringey [2013] EWCA Civ 178 emphasizes the importance of continuous professional development for legal practitioners, a principle that extends to staying informed about technological advancements, including AI.

OPPORTUNITIES FOR ETHICAL AI IN LEGAL PRACTICE

• ENHANCED ACCESS TO JUSTICE:

AI can democratize access to legal information and services, making legal assistance more affordable and accessible. Tools like chatbots and virtual legal assistants have the potential to provide basic legal information to individuals who might otherwise be unable to afford legal advice.

• EFFICIENCY AND RESOURCE OPTIMIZATION:

AI-driven legal tools can enhance the efficiency of legal processes, allowing legal professionals to focus on more complex and nuanced aspects of cases. This can lead to cost savings for clients and facilitate swifter resolution of legal matters.

• DATA-DRIVEN INSIGHTS:

AI can analyze vast amounts of legal data to extract insights and patterns that may not be immediately apparent to human practitioners. This data-driven approach can inform legal strategies, improve decision-making, and contribute to more informed legal advice.

ETHIICAL CONSIDERATION

Since Artificial Intelligence is used to assist law-firms or independent legal practitioners as non-lawyer assistance, or virtual assistance,or a fellow associate, it is subject to the same liability as any human resource. It should abide by the professional responsibility of all those professionals in connection to the law office. But since it is a computer not a human being, it requires oversight of a human being. That oversight can be given by the user of that Artificial Intelligence tool, it can be a lawyer, or secretary, or a law-clerk.

Artificial intelligence is good in finding cases but cannot do proper case analysis through the lens of a trained legal professional. So, it’s only the diligence of the concerned user, who can ensure the ethical use of Artificial Intelligence tools.

• Professional Competence:

Every Legal professional is expected to be well versed to his client’s case, he should represent his client’s interest in the best possible manner. Since, Artificial Intelligence is assisting the lawyers and the law firms with document analysis and case predictions, the case should not be on the mercy of that specific Artificial Intelligence tool results. Artificial Intelligence tools are not acquainted with Professional ethics of legal professionals.

So, it becomes imperative on legal professionals to test that tool by way of already decided cases or any hypothetical case to ascertain its effectiveness and credibility before starting using it.

• Consent of the Client:

Every communication with a lawyer/legal professional is privileged. Confidentiality is the outcome of such communication. Artificial Intelligence tools may further use this information to solve another case.Or previous information remains stored somewhere in the memory. So, consent of the client becomes very important.

• Transparency and Accountability:

Imagine a court scene where a lawyer is presenting the case before the Hon’ble court and speaking in a language that his client doesn’t understand. Same way, while using Artificial Intelligence tools, lawyers must ensure that their client understands the algorithm of the tool. And this tool is akin to an assistant of the lawyer. So, the lawyer is answerable for everything that tool yields. If it provides wrong case analysis, it becomes imperative on the lawyer to scrutinize it before delivering it either to the client or to the court.

• Data Privacy and maintenance of Client’s Trust:

Since the client tells his factual matrix with full faith and trust, it becomes imperative on legal professionals to keep this information private so that it cannot be used against the client in any manner. Artificial Intelligence tools may or may not maintain this privacy. This may shatter the client’s trust in the lawyer. So, lawyers and law firm’s associates must read the privacy policies of such tools properly and should also consult AI specialist(s) to understand all the consequences of its algorithms.

• Not to act in illegal manner towards the opposition:

In the complexities of legal ethics concerning the use of AI within law firms, it is important toadhere to legal principles and avoid any engagement in illegal activities towards the opposition. Since AI tools can help in finding the opposition documents and case, they shouldn’t be misused for professional superiority. The ethical use of AI tools in the legal profession necessitates a commitment to fairness, transparency,accountability, data privacy even of opposition and the pursuit of justice. Law firms, advocates, solicitors, attorneys, judges, law researchers, law-clerks should utilize AI technologies responsibly, ensuring that they enhance the efficiency and accuracy of legal processes without compromising the integrity of the legal system.

• Prioritizing the client’s advice and instructions:

Prioritizing the client’s advice and instructions stands as a fundamental tenet in legal ethics, especially in the context of integrating AI within law firms. Legal professionals are entrusted with the responsibility to prioritize and implement the guidance provided by their clients, recognizing the paramount importance of client interests and welfare and the lawyer-client relationship.

As AI tools become integral to the legal profession, it is essential to ensure that these technologies are aligned with the client’s objectives and adhere to their specific instructions. This commitment highlights the ethical duty of litigation lawyers, advocates, attorneys to act in the best interests of their clients, using AI to enhance quality and productivity of legal services while maintaining a client-centric approach. They shouldn’t follow AI instructions ahead of client’s expectations. By prioritizing the client’s advice and instructions in the utilization of AI, legal practitioners not only fulfill their ethical obligations but also foster trust and collaboration, ultimately promoting a legal system that is both technologically advanced and deeply client-focused.

LEGAL EDUCATION AND ARTIFICIAL INTELLIGENCE

Education plays a crucial role in shaping the young minds to reach their esteemed goals. Now the law profession is not as dry and monotonous as it used to be. Digitization has changed the shape of the law profession dramatically. Now it is a legal technology. When we start learning anything we become accustomed to it by regular practice and if we stop learning and keep it for time being, then it will not be a part of our personality.

For example, while learning to drive our vehicle, if we don’t take care to use indicators while changing lanes, then we will forget while driving after getting a permanent license, and it will lead to anything unsolicited. Same way, if the use of Artificial Intelligence tools is incorporated while pursuing law degrees, and teaching of professional rules of conduct in the light of Artificial Intelligence it will shape the personality and thinking process of budding lawyers. This will enable them to harness the benefits of Artificial Intelligence tools for maximizing legal research, curtailing the time in drafting work along with keeping the interests of clients and maintaining privacy of clients. This will also enhance the reliability and credibility of lawyers in the eyes of society.

CONCLUSION: STRIKING THE RIGHT BALANCE

The intersection of AI and legal ethics is a complex terrain that demands a delicate balance between leveraging technological advancements and upholding ethical standards. As demonstrated by case laws and ethical considerations, legal professionals must remain vigilant in navigating this evolving landscape.Transparency, accountability, and a commitment to fairness should guide the integration of AI into legal practice. The ethical use of AI requires ongoing scrutiny, ethical training for legal professionals, and a proactive approach to addressing emerging challenges.Ultimately, AI should complement, not replace, the essential human qualities that define the legal profession – empathy, judgment, and ethical reasoning. Legal practitioners must harness the potential of AI while preserving the core values that underpin the administration of justice. By critically examining the ethical implications of AI and learning from case laws, the legal community can ensure that technology serves as an ally in advancing the cause of justice rather than an obstacle to ethical practice.