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ARTIFICIAL INTELLIGENCE IN THE LEGAL PROFESSION

I. How will the rise of Artificial Intelligence and technology be the end of
capitalism?

Ever since the beginning of civilization, people has been making progress

used for survival, hobby or other things to sustain our needs/wants and to

preserve ourselves. Progress in making stone weapon up to the creation of

armaments and destructive weapons for example, help people to survive the

changes that occurred in the past. Now, all progress, changes and developments

has been made and felt through technologies and artificial intelligence.

The rise of technology and artificial intelligence in the world makes it easier for

developments and changes to happen. It is through technology that we have

buildings, machines and other things which helps us much easier to produce and

do our jobs or works efficient. Since technology constitutes great potential for all

the system of society and artificial intelligence is being made or develop today,

markets, firms or businesses are needing them to produce efficient products with

low cost and at the same time, for the works to be done effectively to make or

earn profit. Since firms or businesses need technology for the services in the

market, the need for labor force would be limited and there will be a need for

specialization of skill, that will be the basis of labor.

Technology and Artificial Intelligence can replace workers because they can

do everything as humans can do and they are program to do task with accuracy

and preciseness since information are stored to them. The work on Artificial

Intelligence is becoming advance because of the advancement in technologies in

developed countries and because of the likeliness that they have to humans.

Artificial Intelligence with the help of technology can do face recognition,

language and speech recognition, etc. The Amazon Go cashier-less for example,

is being used in New York store without the need for workers to secure the store

and payments on the product that is being bought. This is a new progress in the

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world and other big program developers or multinational corporations are

competing for innovation such as Apple, Google, Microsoft, Amazon, etc.

These Multinational Corporations are competing for dominance in the

technology and artificial intelligence and they are powerful and wealthy since

most people, even businesses and firms, have and preferred their products. And

since they dominate the market, capitalism will end because of the progress and

developments that is happening today with the technologies and artificial

intelligence. Markets will be left out in their means and ends because of the

technologies that they need, replacing labor and relying to machines to produce

efficient goods and services. That is not everything, because every individual

worker would be replaced by machines and will be left with nothing to do but to

rely on it for the jobs. When this happens, there will be no income for the people

to sustain and preserve themselves in every day. And society would not have

time to adapt to the fast changes that will happen so the government will have to

make a solution to the problem that will occur in the future for the people such as

taxes.

Although developments and progress happen faster with the rise technologies

and artificial intelligence, the end of capitalism will not happen sooner in the

world because not all state are that develop and advanced. Other countries will

be left behind, but not that far, and the gap with the developed countries will be

bigger. The rise of technology and artificial intelligence will end capitalism to start

another one with the technology and artificial intelligence itself.

In the current situation of the world where works are more easily to do with

machines, it is always possible to happen that the human labor force will be

replace with the robotic labor force whereas majority of the humans live

subsistence level of income, while the upper class who are those in control of the

robots are earning more which makes them build their empires. If this happens

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humans will find themselves in a situation where they have to go out and

compete for whatever paid jobs are still available to humans in the robot-

dominated workforce.

The rise of artificial intelligence will also be the fall innovation. Innovation will

be much harder in Artificial Intelligence kind of economy because innovation will

increasingly be defined by world views of a single person rather than the thinking

power of many, what will likely to happen is that we‘re just going to be stuck in

the same AI‘s but there‘s really nothing new about it. Every industry has a

potential to be automated, everything can be replaced by a robot and most of the

things that humans do can be done by a robot. Artificial intelligence can dominate

us, it is a brand-new class of capital which automates the last part of humanity

which is thinking, and should not just recognize AI as just a new form of

technology. ______________________

1
https://www.forbes.com/sites/bernardmarr/2018/07/02/how-artificial-intelli gence-

could-kill-capitalism/#1549fa0f4222 https://chatbotsmagazine.com/why-ai-will-

break-capitalism-14a6ad2f76da https://www.zdnet.com/article/what-is-ai-

everything-you-need-to-know-abo ut-artificial-intelligence/

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History of Artificial Intelligence

As the wide world revolves, and the Artificial Intelligence technology

increasingly becoming integrated in everyday lives of every human, it is more

becoming leading topic of random discussion in the world. Meanwhile,

according to the discussion of Barnard Marr in his research, titled “What are

the negative impacts of Artificial Intelligence (AI)” he 1provides that AI is

contributing a lot of advantages and will continue to provide many benefits for

our modern world, however along with the good, there will also be negative

consequences.

Moreover, to further discuss the above topic, it is proper to introduce first

the history of Artificial Intelligence in this part of research. Thus according to the

brief history in the magazine, with a title 2“A (very) brief history of Artificial

Intelligence” of Buchanan (2019) the beginnings of artificial intelligence are traced

to ―philosophy, fiction, and imagination.‖ Further, Philosophers have also floated

the possibility of intelligent machines as a literary device to help us define what it

means to be human. As cited samples in the above magazine, Gottfried Wil-

helm Leibniz, seemed to see the possibility of mechanical reasoning devices

using rules of logic to settle disputes.

As example of mechanical reasoning devices, chess was cited on the

above above magazine that is quite obviously an enterprise that requires

―thought‖. Thus, it is not indeed too surprising, then, that chess-playing

1 Bernard Marr (2019). What are the negative impacts of Artificial Intelligence
(AI). Retrieved from.

https://bernardmarr.com/default.asp?contentID=1827

2 Bruce Buchaman (2019). A (very) brief history of Artificial Intelligence. Retrieved


from.

https://web.archive.org/web/20070926023314/http://www.aaai.org/AITo
pics/assets/PDF/AIMag26-04-016.pdf

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machines of the eighteenth and nineteenth centuries, most notably ―the

Turk,‖ were exhibited as an ―intelligent machines‖ and even fooled some

people into believing the machines were playing autonomously. The history

was begun in 1950, when Alan Turing developed the “Turing Test” as a way

of identifying machines that had intelligence indistinguishable from humans.

The proposed test consist of ―text-only conversations between two

participants. Further, he also argued that if a human participant is unable to

tell the difference between communicating with a human versus a machine

then that machine can be thought of as intelligent.

Thus, there are some arguments about replacing human by an Artificial

Intelligence, there are discussion that AI could replace human in different

aspect of life. One of those example is 3―Alice who ran during presidential

election in Russia, and did receive ―couple thousand votes. Further, to be

correct, ―Alice‖ was not a ―she, but an artificial intelligence (AI) system.

Also, ―Alice‖ is not the only AI system to run for public office. As cited by

Selimi, (2019), last year, during a mayoral race in Tama, a part of Japan‘s

capital Tokyo, there was also a machine named ―Michihito Matsuda‖ who

placed third with also a couple thousand votes. Alongside

―Alice‖ and ―Michihito Matsuda‖ is ―Sam, a machine hailing from New

Zealand. ―Sam is being created to run in the 2020 general elections and has

been called the first virtual politician in the world. (Selimi, 2019)

3 Sabin Selimi. (2019). Can Artificial Intelligence change the future of Politics.
Retrieved from.

https://www.trtworld.com/opinion/can-artificial-intelligence-change-thefuture-
of-politics-28156

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II. Lawyering in the Philippines

Technology is often blamed for destroying traditional working-class jobs in

sectors like manufacturing and retail. However, blue collar jobs aren‘t the only

one who are at risk.

The legal profession — tradition-bound and labor-heavy — is on the cusp of

a transformation in which artificial-intelligence platforms dramatically affect how

legal work gets done.

Those platforms will mine documents for evidence that will be useful in

litigation, to review and create contracts, raise red flags within companies to

identify potential fraud and other misconduct or do legal research and perform

due diligence before corporate acquisitions.

Those are all tasks that — for the moment at least — are largely the

responsibility of flesh-and-blood attorneys.

Increasing automation of the legal industry promises to increase efficiency

and save client’s money, but could also cut jobs in the sector as the technology

becomes responsible for tasks currently performed by humans.

Advocates of AI, however, argue there could actually be an increase in the

sector‘s labor force as the technology drives costs down and makes legal

services more affordable to greater numbers of people.

―It‘s like the beginning of the beginning of the beginning, said Noory Bechor,

CEO of LawGeex, a leading AI-powered platform for legal contract review.

―Legal, right now, I think is in the place that other industries were 10 and 15

years ago, like travel,‖ he said.

Replacing drudge work

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Bechor‘s transition from lawyer to AI advocate came as a result of his own

experience working at a large law firm in Israel.

―I did a lot of contract work for small companies, as well as for investors and

multinational companies, he said.

The work was drudge-like and often almost mechanical.

―For me, it was mind-blowing that I needed to reinvent the wheel each time I

needed to create a contract or each time I needed to review a contract.

And, ―I was feeling this pain, day in and day out, working these crazy hours, he

said.

But Bechor also began realizing that as he reviewed more and more contracts,

he became better at doing the tedious work.

―You get the hang of it, he said. ―You have it in your head what a contract

should and should not contain.

―That‘s what convinced me that a significant part of this could be automated,‖

Bechor said.

The LawGeex platform, he said, ―can take a new contract, one that it‘s never

seen before, read it and then compare it to a database of every similar contract

that it‘s seen in the past.‖

Like other AI platforms, LawGeex also learns from each review it performs — just

like Bechor and other humans in the profession learned to do as young lawyers.

What machines do better than people

One question raised by the introduction of AI legal platforms is how well they do

their jobs compared to a flesh-and-blood lawyer, who has years of experience

under her belt.

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Will the machine miss things that a good lawyer with a lot of experience would

otherwise catch? Proponents don‘t think so.

―That‘s an argument that been refuted quite a bit,‖ said Jay Leib, founder and

managing member of NexLP. Leib‘s Chicago-based company offers

eDiscovery, an AI platform that searches documents for information relevant to

lawsuits and other litigation.

―Can you miss anything? Sure, Leib said of AI legal tools.

―But since 1985, we‘ve known that human beings are not very good at keyword

searches,‖ he said. ―There‘s this fallacy that human beings looking at

documents is the gold standard. Not true. They‘re missing things.‖

He also said the explosion in the amount of electronic data generated today

makes it hard for human workers to keep up.

―There‘s just so much more data now that you need these technologies to boil

the ocean for you‖ and find relevant material, Leib said.

Leib said NexLP is ―not just looking at the text‖ of a document or email.

―It‘s looking at the tone of the conversation, who sent it,‖ to see if the item

should be flagged for review in litigation, he said.

Leib also pointed out that computers ―don‘t get tired, they don‘t get hungry, they

don‘t sleep in.‖

―All of the things that are biological problems that can happen to a human being

can‘t happen to computers.‖

The big international law firm Reed Smith recently put that question to the test

with RAVN ACE, the AI platform from RAVN Systems. Reed Smith had RAVN

conduct a review of hundreds of pages of documents.

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―We took a deal that we‘d already done, which we‘d done manually,‖ said Lucy

Dillon, chief knowledge officer of Reed Smith. ―And we put it through the RAVN

system to see how it compared. And it compared very favorably.‖

Dillon said the RAVN platform ―didn‘t always get it right‖ when asked to identify

and pull out certain items in contracts. But lawyers were able to add information

to their queries and improve their results.

Plus, the platform ―picked up some things that we had missed‖ when humans

did their first review of the documents, she said. ―The system had high levels of

accuracy. And it was a great tool to use.‖

And the RAVN was faster than its human counterparts. Much faster.

―We‘re talking minutes versus days,‖ Dillon said.

Large firms beginning to get on board

The legal sector has been slow to change, technologically or otherwise.

But that‘s changing as firms, particularly larger ones, begin to see the advantage

of AI.

ROSS Intelligence makes a legal research platform based on IBM‘s cognitive

computing system Watson, which is being used by a number of the world‘s

biggest law firms, including Dentons, as well as Latham & Watkins.

Andrew Arruda, ROSS Intelligence‘s CEO and co-founder, said his company ―is

working with lawyers from every type of organization — in-house, big, medium,

small, solo [practitioners] — as well as law schools and bar associations.‖

He noted that his company‘s still young platform ―is already saving 20 to 30

hours of research time per case‖ for its clients.

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Leib of NexLP noted at ―about 70 percent of the cost of discovery‖ — the

process of exchanging information that is relevant to a legal case or review

— ―is human cost, people looking through documents and emails and all

different things.‖

―If we could reduce that from 70 percent to 2 percent, we‘re looking at dramatic

cost savings,‖ he said.

―That‘s just money back in the hands of corporations and business,‖ Leib said.

―It really attacks the bottom line.‖

Leib believes that customers rather than partners will determine how quickly law

firms adopt AI platforms.

―I think companies are going to demand that their firms use these technologies

because they‘re not going to want to pay these fees‖ for having humans sift

through vast amounts of documents, Leib said.

Asked when he thinks AI will be in use broadly across the legal industry, Leib

said, ―I think the time frame here is between 2020 and 2025.‖

Bechor of LawGeex said that the current lack of widespread adoption of AI by law

firms has the effect of keeping prices high in the legal sector, for now.

―There is a cost to this inefficiency,‖ Bechor said.

―Legal is now considered a premium product,‖ he said. ―It‘s not something that

a lot of people and businesses can afford.‖

―If you can‘t beat ‘em...‖

If AI solutions become pervasive, law firms may cut staff.

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A Deloitte Insight report released in 2016 said that ―profound reforms‖ will occur

in the legal sector over the next decade, estimating that nearly 40 percent of jobs

in the legal sector could end up being automated in the long term.

A 2013 Oxford University paper, titled ―The Future of Employment: How

Susceptible are Jobs to Computerisation? ‖suggests that lower-level employees

at law firms are more likely to feel the effects of downsizing as a result of AI

technology — at least in the near term.

―We find that paralegals and legal assistants .... [are] in the high risk category,

the paper‘s authors wrote.

―At the same time, lawyers, which rely on labor input from legal assistants, are

in the low risk category,‖ the authors wrote.

Bechor from LawGeex agrees.

―There‘s a romantic notion of AI being able to replace all lawyers,‖ he said. ―I

don‘t see that as something that will happen in the next couple of years.‖

Arruda of ROSS Intelligence is even more optimistic, believing that AI will

increase the total number of jobs in the legal profession.

―I think we will see a rise of more jobs in the legal market‖ as a result of AI,‖

Arruda said. ―At the firms where ROSS is at, we see more work being done,

more clients being able to be served, and therefore not a decrease in staff, but an

increase in productivity and output. He also saw another benefit.

―At present, Arruda said, ―the majority of individuals who need a lawyer cannot

afford one. Yet on the other hand, [many] law graduates are saddled in debt and

cannot find work.

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Leib and Arruda also dismissed concerns that the expansion of AI in the legal

sector would make it more difficult for young lawyers to acquire necessary

experience through brute-force gruntwork.

―Theoretically, attorneys can be more efficient from day one because of the

technology, Leib said.

Arruda said, ―This question gets asked a lot when new technology comes out.

Think of the calculator, for example.

―But I think it‘s the wrong question, really,‖ Arruda said. ―The activities that AI

excels at are not [the ones people] typically excel at — think data

retrieval.

Perhaps the best take came from Sofia Lingos, a lawyer and board member of the

Legal Technology Resource Center of the American Bar Association. Last year at

a roundtable discussion hosted by the American Bar Association, the moderator

asked if lawyers should be afraid or encouraged by artificial intelligence.

―Both, Lingos answered.

―It is wise to embrace it now so that it can be a tool as opposed to an

impediment. No one wants to be competing against Watson, Lingos said,

referring to IBM‘s cognitive computer system.

―But if you can‘t beat ‗em, join ‘em!‖

Artificial intelligence is transforming the legal profession — and that includes legal

ethics. AI and similar cutting-edge technologies raise many complex ethical

issues and challenges that lawyers ignore at their peril.

At the same time, AI also holds out the promise of helping lawyers to meet their

ethical obligations, serve their clients more effectively, and promote access to

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justice and the rule of law. What does AI mean for legal ethics, what should

lawyers do to prepare for these changes, and how could AI help improve the

legal profession?

In some ways, nothing has changed. The general ethical duties of lawyers remain

constant across technologies.

―The ethical issues raised by AI are in many ways not that different from the

ethical issues that lawyers have faced before,‖ says David Curle, Director of the

Technology and Innovation Platform at the Legal Executive Institute of

Thomson Reuters. ―When using tools in their work, whether AI-powered tools or

any others, lawyers still have the same duties, including duties of supervision and

independent judgment.

And AI is not new to the legal profession, as Dr. Chris Mammen, IP litigation

partner at Hogan Lovells, points out:

On the one hand, everyone loves to talk about robot lawyers – but on the other

hand, we‘ve been using AI in our practice in a variety of ways for years. Think of

natural-language searching for online legal research, or the use of predictive

coding in discovery.

In other ways, everything has changed. AI and other innovative technologies are

creating, and will continue to create, novel situations that are not explicitly

addressed in the rules of legal ethics – and that the drafters of these rules never

even imagined.

Artificial Intelligence and the duties of lawyers: A brave new world

―We‘re navigating murky ethical areas where the law and rules haven‘t caught

up yet with the technology,‖ according to ethics and disciplinary lawyer Megan

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Zavieh. ―We‘re trying to apply rules that were written based on certain ways of

practicing law and now trying to apply them to very different ways of working.‖

Take, for example, social media. The original rules governing lawyer advertising

and client communication were drafted well before the age of Facebook, Twitter,

and LinkedIn.

Artificial intelligence is another area where the rules of legal ethics are playing

catch-up with the technology. Here are some of the ethical issues raised by AI.

Duties of Competence and Diligence

As lawyers rely more and more on AI and other technologies, and as those tools

become more advanced and more complex, lawyers must be sure that they

understand how those technologies work.

More than 30 states have adopted a comment to the Model Rules of Professional

Conduct making clear that ―[t]o maintain the requisite knowledge and skill, a

lawyer should keep abreast of changes in the law and its practice, including the

benefits and risks associated with relevant technology.‖ And artificial intelligence

is most definitely ―relevant technology.‖ Indeed, as Erik Brynjolfsson and

Andrew McAfee wrote in a cover story for the Harvard Business Review, AI is

―[t]he most important general-purpose technology of our era.‖

For artificial intelligence, one of the most notable issues is the ―black box‖

challenge. A lawyer submits a query to an AI-powered tool, it goes into a

―black box, and the AI-based solution provides an answer. How much does a

lawyer need to know about what goes on inside that black box?

Lawyers are not computer scientists or technologists, and nobody would expect

them to appreciate the algorithm-level workings of AI systems. But at the same

time, they must have some basic understanding of how the tools they utilize

generally work.

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David Curle of Thomson Reuters puts it well: ―If lawyers are using tools that

might suggest answers to legal questions, they need to understand the

capabilities and limitations of the tools, and they must consider the risks and

benefits of those answers in the context of the specific case they are working on.

Perhaps the most widely discussed example of balancing the risks and rewards

of artificial intelligence is the self-driving car. Far from being a rote exercise,

programming an autonomous vehicle involves difficult choices that will generate

extensive ethical and legal debate in the years ahead. In fact, these debates are

already taking place, in the legislatures of the 40-plus states that have passed, or

have considered passing, laws to govern self-driving cars.

Duties of Supervision

Depending on who (or what) a lawyer works with, the duty of competence

includes a duty of supervision. As Chris Mammen of Hogan Lovells explains, ―If

a lawyer delegates something to subordinates, whether junior lawyers or

paralegals, there‘s an ethical duty to make sure the work has been done

competently. And this duty extends to AI-based tools. One way of analyzing the

issue is that the lawyer who reviews and signs off has appropriately supervised

the AI.

And just as there are some tasks that a lawyer simply cannot delegate to a

paralegal or legal assistant, there are some tasks that are not appropriate for

handling by artificial intelligence – and an attorney must know how to tell them

apart.

―One way of framing this issue is automation versus augmentation, states Dr.

Tonya Custis, a Research Director at Thomson Reuters who leads a team of

research scientists developing natural-language and search technologies for

legal research. ―There may be some tasks that we shouldn‘t automate. For

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these tasks, AI can help attorneys do their jobs, but AI can‘t do their jobs

completely. So the question becomes: where do we draw that line?

Just as lawyers can over-delegate work to subordinates, they can also under-

delegate, causing them to serve their clients less efficiently. In the context of

artificial intelligence, one can imagine underutilization of AI – for example, a

lawyer not using AI even though it could help that lawyer serve the client better.

In fact, given some of the psychological attributes commonly associated with

lawyers – a focus on detail, a desire for control, an aversion to risk – the greater

danger might very well be underutilization of, rather than overreliance upon,

artificial intelligence.

―Having worked in AI for the legal profession for a long time, I know how the

customer base is conservative,‖ says Tonya Custis of Thomson Reuters. ―With

Westlaw natural-language searching, lawyers will ask, ‗Why am I getting results

that don‘t use the specific words I searched for?‘ You need to explain to the

customer how the process works.‖

Unauthorized Practice of Law

One of the most exciting developments in legal technology is the rise of legal

chatbots, AI-powered programs that interact with users who have legal issues by

simulating a conversation or dialogue. These chatbots are now being used to do

perform such tasks as fight parking tickets, advise victims of crimes, or draft

privacy policies or non-disclosure agreements.

These chatbots can be very helpful to consumers, especially consumers who

cannot afford the high cost of hiring a lawyer, and they could help bridge the

yawning ―justice gap‖ that exists in both the United States and around the

world. But they do raise the issue of unauthorized practice of law, especially if the

chatbot or other tool is created or maintained by an attorney.

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―We don‘t have rules and opinions that directly apply to these situations,‖

according to ethics lawyer Megan Zavieh. ―We have to look at the spirit of the

rules, and balance protecting the public with allowing for innovation in the

delivery of legal services.‖

I get calls from lawyers who have creative ideas for helping people with legal

problems, and they‘ll tell me that they talked to three other ethics lawyers who

told them ‗no.‘ That‘s the risk-aversion of our profession at work. But there has to

be a way to innovate and move forward, to help consumers in different ways, and

to close the justice gap, while at the same time not getting into disciplinary

trouble.

Diversity and inclusion

Artificial intelligence operates by looking for patterns with large amounts of data.

This ―training‖ of AI is, as Dr. Tonya Custis of Thomson Reuters puts it,

―a statistical process — it will have biases.

But what are those biases, and are they fair? If the data used to ―train‖ the AI

contains unfair biases, then the results of the AI could be correspondingly biased.

―AI requires data — data about actions and decisions made by humans,‖

explains David Curle. ―If you have a system that‘s reliant on hundreds of

thousands or millions of human decisions, and those humans had biases, there‘s

a risk that the same bias will occur in the AI.

For example, imagine training facial-recognition software on a group of people

who come from only one racial or ethnic background, or training voice-recognition

software using only male voices. The resulting AI tools will be biased – not as

inclusive as they should be, and not as useful either.

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In the judicial system, one prominent example is judges making sentencing

decisions based in part on AI-driven software that claims to predict recidivism,

the likelihood of committing further crimes. There is concern over how the factors

used in the algorithms of such software could correlate with race, which judges

are not allowed to take into account when sentencing.

Responding to the Challenges of artificial intelligence

The challenges that artificial intelligence pose to legal ethics, while significant,

can be addressed — and should be addressed, so lawyers can take advantage

of the powerful tools driven by AI.

Education and Training

Part of the lawyer‘s duty of competence involves keeping abreast of

changes in law and in legal practice – and these changes, in 2018, inevitably

involve technology. Large numbers of lawyers don‘t take this duty to keep up with

technology seriously enough, according to David Curle of Thomson Reuters.

―It‘s not just AI-based technology but even more mundane things like practice

management platforms, and other tools that make it easier and more efficient to

practice law.

The ethical duty of competence requires being appropriately up to speed

on technology,‖ says Chris Mammen of Hogan Lovells. ―So AI is not something

you can stick your head in the sand over, just as you could not try to conduct a

document review in a major litigation entirely in paper. Lawyers must therefore

have a general understanding of technology and artificial intelligence. And they

must also understand the general operation of the specific AI tools that they use

in their own practices.

We need to have some understanding of what is going into an AI tool and

what‘s coming out of it,‖ according to ethics lawyer Megan Zavieh, who

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represents lawyers facing disciplinary charges. Just as lawyers can‘t prove they

satisfied their ethical duties simply by hiring an outside consultant, they similarly

can‘t establish ethical compliance simply by using an AI tool.

At the same time, lawyers are not programmers – and the ethical rules

recognize this, as David Curle notes: ―The current rules of professional

responsibility are general enough to cover the situation. They suggest two things:

that lawyers must understand enough about a new technology to see the risks,

and that lawyers must understand enough to see the benefits.

What this means in practice is that lawyers need to find trusted providers

of AI-based solutions, and they need to pose smart questions to the providers

whose AI tools they are considering using. Lawyers need to understand, at a

basic level, how the solutions work and how the solutions were developed.

Malaysia‘s Chief Justice Tan Sri Richard Malanjum extolled the virtues of

AI during the opening of Malaysia‘s Legal Year 2019 in January when he said

judges in Malaysia will soon introduce AI to help decide on punishments for

convicted criminals.

Malanjum revealed that the government of Malaysia was exploring a data-

driven feature called ―data sentencing‖ which helps judges achieve consistency

when sentencing different offenders for the same crime.

Some states in the United States (US) already use such programs. One

such program called COMPAS is a risk assessment algorithm which uses various

data to create an assessment score for recidivism which judges may consider

during sentencing.

Malanjum‘s counterpart in Singapore, Chief Justice Sundaresh Menon

noted that AI, data analytics and quantum computing have started to make

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machine-assisted court adjudication a reality but warned that it raised several

issues.

… the use of AI within a justice system gives rise to a unique set of ethical

concerns, including those relating to credibility, transparency and accountability,

he said during his speech at the opening of Singapore‘s Legal Year 2019 in

January.

For instance, recent studies have raised issues about bias in AI decision-

making, and this has contributed to a spirited debate over the involvement of AI

in the making of judicial decisions. Robust and rigorous discussions must be had

about the proper use of such systems, and the way in which the undoubted

potential of AI can be harnessed while its concomitant risks are managed.

Despite these concerns, Singaporean law firms have been early adopters of AI.

In September 2017, Singapore law firm, WongPartnership became the first

in the country to adopt artificial AI, using it to enhance its due diligence processes

for Merger & Acquisition (M&A) transactions as part of the firm‘s strategy to

leverage on technology.

The firm teamed up with Luminance, a London-based company with

customers in five continents and offers software which has been trained by legal

experts and mathematicians from Cambridge University.

Using advanced machine learning techniques to automatically sort, cluster

and classify data, Luminance‘s AI can pinpoint even subtle differences between

contracts so that hidden risks can be uncovered early on in a transaction, stated

WongPartnership on its website. The platform‘s ability to detect patterns across

large volumes of contracts ensures that lawyers can focus their review on key

documents from the outset.

Technology is changing the way law is practiced and as such

technological innovation must be a cornerstone of our firm‘s future growth,‖ said

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ARTIFICIAL INTELLIGENCE IN THE LEGAL PROFESSION

Ng Wai King, Managing Partner at WongPartnership in a press release on the

company‘s website.

Last May, Thai firm Weerawong, Chinnavat & Partners became the first

law firm in the country to use AI, and a month later, Indonesia‘s UMBRA became

the country‘s pioneering law firm to use the technology. Both opted for

Luminance‘s services.

A case in point

In February 2018, AI contract review platform LawGeex beat 20 US-

trained top corporate lawyers at identifying risks in Non-Disclosure Agreements

(NDAs), one of the most common legal agreements used in business.

The highest performing lawyer in the study achieved 94 percent accuracy

– matching the AI – while the lowest performing lawyer achieved an average

accuracy of 67 percent. More tellingly, the challenge took the LawGeex AI 26

seconds to complete, compared to an average of 92 minutes for the lawyers. The

longest time taken by a lawyer to complete the test was 156 minutes and the

shortest time was 51 minutes.

There are concerns that AI could replace legal professionals, but the more

realistic outcome is that it will complement the global legal services market which

employed 6.9 million legal professionals in 2017 and was worth about US$633

billion according to business information publisher, MarketLine.

Although some jobs which require manual data entry or scanning of

documents may be replaced by AI, there is no substitute for a lawyer‘s

experience and professional expertise.

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ARTIFICIAL INTELLIGENCE IN THE LEGAL PROFESSION

III. Advantages

Artificial Intelligence is a product of computer science which aims to create

intelligent technology that can work and react like humans. According to Russell

& Norvig (2009), the term ―artificial intelligence‖ is often used to describe

machines that mimic cognitive functions that humans associate with the human

mind, such as learning and problem solving. Some of the most known Artificial

intelligence are the Deep Blue, a computer that defeated the world chess

champion Garry Kasprov, and AlphaGo, an intelligent system that beat the Go

champion, Lee Sedol.

Due to said successes and others more, many companies worldwide have

decided to enhance and adopt such system due to mass advantages it brings not

only to the efficiency of their services, but also because it lessens their

expenditures. Scott Robinson, a SharePoint and business intelligence expert,

have said ―Certainly AI is proving to be an invaluable tool, and intelligent

workflow is going to be the labour-saving norm within just a few years‖, although

he did admit that even though AI can replicate intelligent behaviour, it cannot so to

intelligent thought. Robinson admitted ―An office worker knows how other human

beings think and behave, so she can anticipate delays or opportunities. There are

implicit tasks in all areas of business that are undocumented but natural and

deeply ingrained. AI can‘t get anywhere near those implicit tasks and passive

knowledge.‖ But even with such weakness, it cannot be denied that truly, artificial

intelligence have change the competition in the business and service industry

through its edge in efficiency and potential.

Advantages in Business and Services

According to a research done by the McKinsey Global Insitute, companies

with advanced digital capabilities in their workforce and operations have

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ARTIFICIAL INTELLIGENCE IN THE LEGAL PROFESSION

improved their revenue margins three times faster than their competitors.

Furthermore, in the aspect of public service, Philippines have already started

embracing the changes brought by digitization, as evident in the creation of

Department of Information and Communications Technology last 2016. The DICT

have been tasked in planning, developing, and promoting the national ICT

development agenda, as mandated by Republic Act No, 10844.

It is constantly said through advertisements, and is most obvious at today‘s

age that the core purpose of Artificial Intelligence is to lessen the burdens of

humans, and to make our lives easier. Hence, it is made to be able to handle

multiple tasks at the same time. Therefore, a company can save labour costs and

operation expresses if it uses a single AI to accomplish three different jobs,

instead of employing three people to do the job.

Furthermore, because an AI acts according to its input data, it can maximize

its abilities, leading to minimal errors, compared to humans who work and act

depending on their circumstances and emotions. Therefore, though AI,

companies can achieve higher efficiency in their services, and higher satisfaction

rate to their customers. Moreover, AIs continues to improve through the years,

making it more capable in responding, working, and serving its purpose.

Advantages in the Legal Profession

Artificial Intelligence has not only affected the business industry, but also the

legal profession. It had provided an efficient medium of legal information to the

law practitioners and students. It had opened a massive database which is

deemed as important for legal research and legal studies. It made laws and court

decisions accessible to both the public and the bar. And all of these perks

resulted in a more efficient legal industry and improved the communication

between those who defend the law and those who need it.

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One of the most time-consuming jobs of a law student is to read and analyze

cases, but because of its proven help in understanding legal concepts, it is still

practiced in today‘s legal education. Before the digital age has emerged in the

legal field, students would have to personally visit the Courts to attain its

Decisions, and be updated to the principles being established day by day,

regardless of whether of how far they are. Although this is effective, it is not

efficient. But because of artificial intelligence, cases have been accessible not

only to the students, but also to the public. It is both time-saving and cost-

efficient.

Also, through AI, predictive-coding and technology-assisted review has

become possible. Charles Yablon and Nick Landsman-Roos defined predictive

coding as the general name for a class of computer-based document-review

techniques that aim to automatically distinguish between relevant or irrelevant

litigation-discovery documents. Hence, lawyers can easily separate the relevant

information from those that are not without too much hassle. And it can also

review the documents to detect mistakes in spelling or inconsistencies in the

documents which can help in eradicating misinformation or technical errors.

Through AI, people are not only open to their local jurisprudence and

principles, but also to those of international. This helps in comparing the former

from the latter and vice versa; it also helps in verifying meanings of legal phrases,

and applicability of international principles.

Furthermore, it helps in legal research. It helps legal researchers conserve

the time they put in every topic given to them. Because of the continuous

increase of cases, and changes in decisions, legal researchers would not be able

to thoroughly scan every document available in a certain topic, but through the

help of AI, it can easily search through the files and identify the potentially

relevant data the researchers needed.

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ARTIFICIAL INTELLIGENCE IN THE LEGAL PROFESSION

Also, Artificial Intelligence helps lawyers to reach clients or potential clients

no matter their distance from each other. Due to the state of our economy, some

of our countrymen cannot afford consultation to lawyers, and unfortunately, most

of those that cannot afford it are those that badly needed it. Aside from this, it is

also evident that the country has more people who need the law than those that

practices the law. But because of technology, lawyers can now save time in

researching, and focus more on reaching to those who need their services

without actually going to their location. It saves the time and the money of both

parties.

In conclusion, Artificial Intelligence, although it is still limited and has

disadvantages, brings convenience to the lives of many, especially in the

business industry and the legal field. It helps in enlarging the scope of

communication; eradicate errors; making information more accessible; and build

a less-stress life.

IV. Conclusion: Disadvantages of Artificial Intelligence

As per the essence reflected under Legal Technique, law is but a series of

algorithms, codified instructions but not limited to proscribing ―do‘s and don‘ts

and ―if‘s and then‘s. Wherein we can easily relate the word, “computer

programming” with it. However, the legal system is much more complex. The

latter is not as up-front as coding considering the intricate state of justice today.

The biggest limitation of artificial intelligence is it‘s only as smart as the data sets

served. AI‘s main limitation is that it learns from given data. There is no other way

that knowledge can be integrated, unlike human learning. This means that any

inaccuracies in the data will be reflected in the results.

Lawyers have the burden to process complex series of facts and

conditions, consider appropriate legal rights and obligations and provide well-

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ARTIFICIAL INTELLIGENCE IN THE LEGAL PROFESSION

structured opinions and guidance on the best course of action based on all of that

information. One of the most sought characteristics of a lawyer is to have the

ability to understand the background of proceedings, general familiarity of how

the world works and comprehension of the law and its application. The work of

lawyers is extremely multifaceted.

Through artificial intelligence, it is possible to imitate some of the works

that a human lawyer normally does, but to completely replicate the latter means

to come up with a process that can create flexible ideas and outcome while also

providing a conclusion based from a set of legal information and an ―experience

database‖. It is important to note that, the legal profession is not limited to

algorithms, analogy, deduction, and others of the same kind but rather it also

relates to the application of the overall information and experiences as human

lawyers. To render legal advice, as lawyers know, can be an extremely complex

task. Hence, it will be a very difficult task to replicate this with computers using

Artificial Intelligence. The law profession involves a lot of spontaneous sorting out

of irrelevant clatters and concentrating in on the signal. On the other hand,

computers are still limited to perform these difficult tasks.

There is no certainty as to whether Artificial Intelligence may mimic the

capacity of human lawyers or not in the long run. As years go by, it is not

impossible not to expect more improvements in the field of technology, hence the

biggest question to ask is not if Artificial intelligence can replace lawyers, but

rather, if it can be utilized as huge contributors to lawyers‘ efficient finishing of the

latter‘s tasks. AI still has significant underperformances. Artificial Intelligence is

only as effective as the algorithm and data behind it. Both its strength and

weakness is that it does exactly what it is programmed to do. There is still a need

to program the AI system at the beginning and supervision and review by

humans of the results produced. Failure to do so can result to negligence claims.

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As per the case of J-M Manufacturing Co. v. McDermott Will & Emery, a

law firm was litigated for failing to effectively supervise, a discovery vendor that

utilized search term and keyword filters to filter privileged documents.

According to a complaint J-M filed in a state court in Los Angeles,

McDermott produced too much, all because it did not thoroughly review

the work of contract attorneys at e-discovery vendor Stratify Inc. J-M

claims that 3,900 privileged documents were handed over to the federal

government.

The case serves as a reminder to not put complete faith in the AI systems

utilized. Moreover, Artificial Intelligence lacks human reasoning to fully provide a

sound/rational result lacks personal experience, which will help a person to apply

intuitive response to existing situations. Through these things, a human lawyer is

equipped to evaluate merits and probability of triumph.

Additionally, machine in terms of translation, is more rigid and not fluent

when compared to human translations, the accuracy and suitability of translation

is more visible as to that of human translation.

Humans built the legal system in general, thus it must be noted that

reliance on Artificial Intelligence negates the positive and accurate application of

the laws. In the present, AI is a great tool that makes the work of lawyers more

efficient, but the society should be reminded that it should not be the chief basis

for decision-making with regard to the limitations of AI.

It has been mentioned in this paper that the use of Artificial Intelligence led

to more reliable and efficient outputs. Yet, there are still gaps that are to be

addressed to consider it on an equal footing as human lawyering. Some of which

are: (1) It is costly, (2) It cannot replicate humans, (3) It needs humans to

operate, (4) It lowers employment rate.

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ARTIFICIAL INTELLIGENCE IN THE LEGAL PROFESSION

First, feeding of information to AI machines increases costs. Artificial

intelligence requires huge costs, as they are very complicated machines. Their

repair and maintenance are costly as well. They have software programs, which

need frequent upgrade to cater to the needs of the dynamic environment and the

need for the machines to be smoother and better for it not to be left out by the

latest information and updates. Most importantly, in case of severe breakdowns,

the procedure to recover misplaced codes and restoring the system might require

huge time and cost.

In general, machines lack emotions and moral value. Machines do not

have any emotions and moral values. Care or concerns are not present in the

machine intelligence dictionary. There is no human touch in the field of artificial

intelligence. They fail to distinguish between a hardworking individual and an

inefficient individual. They are no match to the power of rational thinking that the

human brain has or even the uniqueness of the human mind. Human beings are

highly sensitive and emotional individuals. Most importantly, their thoughts are

guided by their feelings, through which machines are lacking.

They are limited by the programming imposed upon them and they cannot

be the sole judges for deciding whether something is right or wrong. AI machines

cannot improve without the presence of humans. New codes and new training

process are needed for the improvement. Their ability is limited and bound by

which they are created. They either perform

erroneously or collapse in such situations. Machines are unable to alter their

responses to changing environments.

The automation process also reduces the percentage of employed manual

labor engaged in the law industry. AI can be a great tool for efficiency and

substitute for human lawyers but its limitations just prove otherwise.

Unemployment is a socially detrimental occurrence. Replacement of humans

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ARTIFICIAL INTELLIGENCE IN THE LEGAL PROFESSION

with machines can lead to large-scale unemployment. Specifically, machines as

substitutes for human lawyers largely degrade the high morality of lawyers and

the profession. Using robots and other AI related machines constitute to high

utilization of non-human brain, which negates the main essence of the practice of

law, which requires good and regular standing and good moral character, which

a robot definitely lacks. Artificial intelligence augments and empowers human

intelligence. But its limitations and disadvantages uphold otherwise.

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