Week 12- The Future Direction of the Profession PDF

Week 12- The Future Direction of the Profession The Future of Law and Professional Innovation Report- Key Issues Purpose v Process May be different to how humans think, reason etc Comparison with surgeons making people better however tech may be able to get rid of cancer Emo...

Week 12- The Future Direction of the Profession The Future of Law and Professional Innovation Report- Key Issues Purpose v Process May be different to how humans think, reason etc Comparison with surgeons making people better however tech may be able to get rid of cancer Emotional intelligence not easy to replicate Global movement to conduct a large majority of the work of the court virtually through electronic submissions. While it is understood that AI cannot entirely replicate a human advocate in a physical courtroom, Susskind argues for re-focusing on purpose rather than thinking about ways current processes can be completed utilsing new technology reinforced through “The systems that’ll replace us are unlikely to work like us” “ Litigants don’t want courts. They want their disputes to be resolved fairly and with finality… our clients don’t want us they want the outcomes we bring” Technology Drones - Using drones to deliver documents to court, parties and clients. - Safety concerns about mid-air accidents and the potential dissemination of confidential documentation in public air space. - Save money=jobs usually completed by assistants and paralegals. Chatbots Attempt to help vulnerable people solve common legal problems with speed and ease The chatbot will answer commonly asked legal questions in real time= time effective Triage enquiries= straightforward issues and addressed promptly, and complex issues are left for staff to assist clients personally Difficulties in building and developing programs Blending Innovation with Tradition Research skills Critical thinking Digital transformation Inter-cultural competency Inter-disciplinary engagement Reasoned argument Officeless Practices - Newlaw movement - Virtual law firms facilitate connection between client and lawyer - Savings in cost and time (maintaining office and staff) NewLaw- Non Traditional Providers - Companies that provide access to lawyers on project basis - E-Discovery firms use technology to perform tasks typically done by junior lawyers part of the increase in legal process outsourcing Technology can act as a facilitator for efficient and consistent client service. Practitioners rely on technology for most functions including - Computurised practice management systems - Computerised accounting and billing systems - Precedent banks - Access to legislation- websites, law reports, journals etc - Electronic filing of court documents - Communication means e.g skype Ethical Issues for the Future: Digital Disruption and the Uberisation of law practice o What will be the impact on “junior lawyers”? o The proportion of graduates practising law had fallen from about 50 per cent to 20 per cent as firms embraced computerisation and pruned staff numbers. o Concern regarding AI bias Costs – Afterpay o Less incentive to make fees cheaper/govt support v increase access o No need for legal aid? Because individuals can slowly pay off - Technological developments – automated processes o Move to paperless practices & ‘office less’ practise o NewLaw movement = virtual law firms § Savings in times and costs of maintaining an office and staff can be passed on to clients in the form of lower fees o Tech has vastly improved the quality of legal services Eg, in major cases, particularly those involving volumes of documentary evidence both the Bench and counsel have computers to access legislation, and to manage the production and adduction of documentary evidence  o It is now indispensable for a legal practitioner to develop the skills necessary to access and use information and practice management technology, or otherwise risk commercial oblivion. o With a profusion of information, and even advice, available on the Internet, lawyers are facing ‘more informed’ clients. Gordon suggest ‘the legal profession’s largest competitors are its clients’ Today’s clients routinely use the internet to identify cost-effective legal resources and ways to solve their legal needs o However, new innovations often bring new risks. Use of emails can give rise to problems of confidentiality if information is inadvertently sent to the wrong email address Confidentiality and professional misconduct issues may also arise through the use of social media eg. Facebook where a lawyer inadvertently releases confidential information or makes comments or uploads a photograph or other material that is inappropriate. - AI – ethical implications o AI raises obvious ethical questions but also legal questions – ‘can a computer make a legally reviewable decision?’ AI = cost savings that result from efficiencies of AI & can be positive for those who may have previously found legal help was too expensive However, is the risk that the economic rationalist approach to legal services that promotes the use of AI will further entrench disadvantage and emphasises the division evident in the ‘justice’ system.