Publication date: November 04, 2024, by Łukasz Chwałkowski
In the face of dynamic technological development, the legal profession is encountering new opportunities that could significantly alter the way legal services are provided. The computerization of legal work, using artificial intelligence (AI) and new technologies, not only increases efficiency but can also contribute to a more transparent and fairer justice system. Implementing AI in legal practice can offer various benefits:
Monitoring Case Law
AI can process massive datasets in real-time. This allows lawyers to monitor current case law, analyzing new rulings and their implications for specific cases. Automated algorithms can identify patterns and trends in case law, enabling lawyers to more quickly adapt to the changing legal environment.
Replacing Court Reporters
Speech recognition and automatic transcription are technologies that can greatly reduce the time needed to create records of court proceedings. Using AI to automatically record and transcribe meetings increases accuracy and reduces human errors. Court reporters often work under stressful conditions, which can affect the quality of their work. Automating this process allows lawyers to focus on more valuable tasks, and courts gain in efficiency.
Anonymization of Court Decisions
Before publishing judgments, courts carefully remove all personal data of the parties involved, including names, addresses, or other information that could enable the identification of individuals. This step is necessary to protect the privacy of the parties and to comply with data protection regulations. However, today, this task could be performed by AI operating around the clock—unlike humans, AI requires neither rest nor vacations, making it an indispensable tool in legal practice. This can also lead to faster decision-making, which is crucial in the context of a rapidly evolving legal environment.
Generating Case Summaries
AI tools can analyze legal documents and generate case summaries, allowing lawyers to quickly familiarize themselves with key information. Preliminary summaries of cases can help understand the context and important legal issues, thus speeding up the decision-making process. When lawyers are overloaded with work, the ability to quickly review essential information can be invaluable.
Automated Invoicing
Automating the invoicing process using AI can bring many benefits. AI systems can generate invoices based on predefined rules, reducing errors and saving time. This enables lawyers to focus on substantive work instead of spending time on administrative tasks. Monitoring payments and reminding clients of unpaid invoices are other features that can be automated, leading to better financial management for law firms.
Searching for Case Law and Regulations
AI significantly simplifies the process of searching for case law and legal provisions. Intelligent search systems, using natural language processing technologies, can instantly locate relevant legal acts and court decisions. This allows lawyers to quickly identify significant provisions, speeding up case preparation and facilitating courtroom arguments.
Drafting Document Proposals
Automated tools for drafting legal documents are another element that can speed up law firm operations. AI can generate contracts, pleadings, and other documents based on pre-established templates. This allows lawyers to save time they would otherwise spend on manually preparing each document and minimizes the risk of errors.
Client Service
Applying AI in client service enables 24/7 support, increasing a firm’s accessibility. AI tools can answer basic client questions, schedule meetings, and provide updates on case progress. Such automation allows lawyers to manage their time better and increases client satisfaction, as clients can obtain necessary information at any time.
Slow Changes in Computerization
Although the benefits of computerization are significant, the process is slow, particularly in the judiciary. Courts are institutions where change must proceed cautiously. Many still rely on traditional working methods, which limits their ability to introduce innovation quickly. Additionally, the need to adapt procedures to new technologies and to train employees can extend the implementation time.
Lack of Understanding of AI’s Operation
A lack of understanding of the technical aspects of AI operation may raise concerns about its use in the judiciary. Lawyers need to be aware of how AI works to effectively utilize its capabilities in practice. Otherwise, they may be at risk of misinterpreting data or improperly using the technology. One of the key issues associated with AI is the so-called “black box” effect. AI algorithms often operate in a way that is difficult to understand even for their creators, meaning that decisions made by AI can appear opaque. For lawyers (especially those unfamiliar with new technologies) who need to justify their actions and decisions, not understanding why AI generated a specific outcome could lead to serious complications.
Requirement for Quality of Questions
To obtain useful responses from AI, it is necessary to formulate precise questions (prompts). Improperly worded questions may lead to incorrect or incomplete answers from AI, which could have negative consequences for ongoing cases. Lawyers must learn to effectively formulate questions to maximize AI’s potential.
Possibility of AI Errors
Despite its advanced technology, AI can make mistakes, which is a significant issue when applying it in law. There are several key reasons why these inaccuracies can occur. Primarily, AI operates based on the data it is provided. If this information is incomplete, outdated, or misinterpreted, the analysis results may be misleading. For example, in the legal context, decisions based on historical data may not account for changing laws or new case law. In complex legal cases, where context is key, AI may not understand subtleties that are obvious to an experienced lawyer. Additionally, the law uses specialized language with complex terms and cultural contexts. Even if an AI program is designed to analyze legal texts, it may struggle with interpreting terminology or concepts that are not unambiguous. Furthermore, AI bases its analyses on the information it has been trained on. If the database is limited or incomplete, AI may produce incomplete or erroneous analyses. In rapidly changing areas of law, such as polish tax law, constantly evolving regulations can make the data AI relies on quickly outdated.
Vulnerability to Cyberattacks
Storing sensitive data in AI cloud environments increases the risk of cyberattacks and data leaks. Proper security becomes essential to protect client and firm data. Lawyers must be aware of the risks associated with cloud data storage and use best practices in information security.
Responsibility for Decisions
When AI makes incorrect decisions, it is ultimately people who are responsible. Lawyers need to be aware of the risks associated with relying on AI technologies. Ultimately, they are accountable for decisions made based on AI analyses, which could lead to serious consequences.
Dependence on AI Providers
Law firms may become dependent on AI technology providers, which could limit their flexibility and ability to change providers. Lawyers must assess not only the benefits but also the risks of using solutions provided by external companies.
The Data Act
In an era of rapidly developing technology and growing digitalization of daily life, data regulations have become a key element in protecting user rights and supporting innovation. One of the most important documents in this field is Regulation (EU) 2023/2854, adopted on December 13, 2023. This Act introduces harmonized rules regarding fair data access and usage and makes changes to existing regulations. This regulation will come into effect 20 months from the date of its adoption, meaning it will begin on September 12, 2025. It is the second pillar of the European data sharing and exchange system, alongside the “Data Governance Act,” announced in the European data strategy.
One of the primary goals of this regulation is to ensure that users of connected products have full access to the data generated while using those products. Users will have the right to share this data with third parties, creating new opportunities for both consumers and businesses. Article 1 of the Data Act emphasizes the need for harmonized data access, meaning that information holders will be required to allow transparent and fair data sharing. This solution aims to increase transparency and strengthen users’ market positions.
Additionally, personal data protection remains a key aspect of the new regulations. Preamble point (7) and Article 6 of the regulation clearly indicate that all actions related to the processing of personal data must comply with the GDPR (Regulation 2016/679). Moreover, the data minimization principle requires that only data necessary to achieve specified objectives be collected. Article 6 specifies that sharing personal data requires appropriate safeguards and compliance with EU privacy regulations to protect information from unauthorized access and misuse.
The regulation also emphasizes support for small and medium-sized enterprises (SMEs). Preamble point (19) indicates the need to strengthen users’, consumers’, and businesses’ ability to use data, fostering economic growth and competitiveness in the market. For effective information management by companies, the new regulations aim to facilitate access to data while ensuring that SMEs can effectively compete in the market, using data to support growth and innovation.
NIS2 Directive
The NIS2 Directive (2022/2555 of December 14, 2022) is an EU regulation aimed at strengthening cybersecurity across the continent. Its introduction reflects the need to adjust regulations to increasing digitization and evolving threats, updating the previous rules on network and information system security, in place since 2016. NIS2 aims to raise the general level of cyber protection within the EU, contributing to the creation of more resilient security systems in both the public and private sectors.
This regulation requires member states to ensure the availability of appropriate resources, such as Computer Security Incident Response Teams (CSIRTs) and national authorities responsible for networks and information systems. A key element of NIS2 is also supporting international cooperation by establishing a cooperation group tasked with facilitating strategic dialogue and information exchange between member states, enhancing their collective incident response capabilities.
The directive also strongly emphasizes promoting a culture of security in critical sectors, such as energy, transport, healthcare, and financial and digital infrastructure. In these fields, it introduces security obligations and procedures for reporting serious incidents. Key service operators, designated by member states, will be required to implement appropriate security measures and inform relevant authorities of significant incidents. These same requirements also apply to key digital service providers, such as internet search engines and cloud computing platforms.
Cyber Resilience Act
The Cyber Resilience Act (CRA) is an innovative regulation proposed by the European Union, aimed at strengthening digital security and resilience against cyberattacks. The CRA establishes specific guidelines for companies and organizations, covering cybersecurity management as well as measures to prevent, detect, and manage cyber threats. It is the first regulation in the European Union to introduce mandatory security standards for hardware and software at every stage of their lifecycle. The primary goals of the CRA are to ensure that digital products entering the market have fewer security vulnerabilities and to create conditions in which users can consciously choose products with digital components, taking into account their security. This act emphasizes four key areas: improving product security; creating consistent cybersecurity frameworks; increasing transparency; and enabling both businesses and consumers to safely use digital products. The regulation introduces obligations such as integrating security at the design stage, documenting potential threats, managing security vulnerabilities throughout the product’s lifecycle, and providing security updates.
The CRA is expected to come into effect in 2024, giving member states and businesses two years to comply with the new requirements.
AI Act
On July 12, 2024, the European Commission published the Artificial Intelligence Regulation (2024/1689 of June 13, 2024), establishing the world’s first comprehensive legal framework for AI technology. The key objective of this document is to ensure the safe and ethical use of artificial intelligence within the European Union, while supporting technological innovation. The AI Act introduces requirements for algorithm transparency, labeling of AI-generated content, and lifecycle management principles for AI systems. These regulations are designed, in particular, to protect the rights of citizens and consumers, to increase public trust in AI technology, and to regulate the use of AI in key areas, such as healthcare, transport, education, and the public sector. The regulations set forth by this act establish clear requirements for developers and entities implementing AI systems and aim to reduce administrative burdens, especially for small and medium-sized enterprises. Under the new rules, AI systems will be classified according to their risk level, allowing for more effective risk management.
With the rapid development of technology, the legal profession is undergoing significant changes due to the computerization of legal work and the application of AI. The use of new technologies in lawyers’ work can significantly increase efficiency, transparency, and fairness in the justice system. AI allows for monitoring case law, automatic court record creation, case summary generation, and automated invoicing and case law searches. However, despite numerous benefits, computerization in the judiciary is progressing slowly due to the need for cautious change implementation and employee training.
Nonetheless, there are challenges related to implementing AI, including the lack of understanding of its operation, the “black box” effect, risk of errors, and cyber threats. Lawyers need to be aware of the potential risks and responsibilities associated with using AI technologies. In response to these changes, the EU is introducing legal regulations for data, cybersecurity, and artificial intelligence to ensure the safe and ethical use of new technologies.
Sources:
VI CONFERENCE NEW TECHNOLOGIES AND ARTIFICIAL INTELLIGENCE. LEGAL AND PRACTICAL ASPECTS OF THE DIGITAL ECONOMY (VI KONFERENCJA NOWE TECHNOLOGIE I SZTUCZNA INTELIGENCJA. ASPEKTY PRAWNE I PRAKTYCZNE GOSPODARKI CYFROWEJ)
https://digital-strategy.ec.europa.eu/pl/policies/nis2-directive
https://holmsecurity.pl/zgodnosc-z-przepisami/cra
https://digital-strategy.ec.europa.eu/pl/policies/regulatory-framework-ai
https://www.gov.pl/web/cyfryzacja/europejski-ai-act-opublikowany