What does the popularity of AI mean for the legal field?
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In recent years, artificial intelligence has deeply permeated our society and the legal field is no exception. Bart Custers, Professor of Law and Data Science, spoke to ‘Mr. Online’ about AI and the law: ‘AI is currently a hype.’
Major law firms are already making extensive use of artificial intelligence (AI). Using AI, they can efficiently search through thousands of legal cases and pinpoint the specific information they need in court. ‘There are many possibilities,’ warns Custers, ‘but what if not all parties have access to such tools, because they are expensive and require a high level of expertise?’ This could lead to inequality between litigants. Equality of arms in the courtroom is a key element of procedural fairness and a fair trial — and it could come under pressure.
One well-known risk of AI systems that rely solely on data is that they can produce discriminatory outcomes. The Dutch childcare benefits scandal (Toeslagenaffaire) is a striking and painful example of this. According to Custers, work is being done to develop software to prevent such outcomes, known as discrimination-aware data mining, ‘but that’s still in its infancy.’
Although AI is more popular than ever, nuance is often lacking. ‘AI is currently a hype,’ says Custers. ‘Much of what is called AI is not really AI at all, but more or less traditional data analysis.’ According to the professor, it is important not to get carried away by all the possibilities. ‘Professionals in the legal sector would do well to keep their focus on solid legal research and advice. AI is a tool that can assist with certain legal tasks, but ChatGPT or any other tool is not going to solve all legal problems – nor replace lawyers.’
More information?
Read the full Mr. Online-article (in Dutch)