BY
EZEOHA MARKANTHONY
1.0. INTRODUCTION
Artificial Intelligence (AI) technology is changing the practice of law globally. Its adoption potentially reduces time and costs while increasing accuracy in client servicing. AI is spreading across many disciplines and the legal profession is equally affected by this trend. Ironically, a good number of Nigerian lawyers are yet to comprehend the import of AI evolution. This is perhaps due to the conservative conceptualization of law which many believe must be preserved in order to maintain the prestige of the profession. While the impact of AI in Nigeria may not be as pronounced as in other climes, the fact is that the practice of law in the country will be immensely affected by technology. The earlier we accept this truth, the better for the profession and the more equipped we can be in maximizing its use while overcoming the attendant challenges.
2.0. HISTORICAL EVOLUTION OF AI IN THE LEGAL PRACTICE
Artificial Intelligence is the area of computer science that deals with giving machines the ability to possess human-like intelligence and carry out pre-programmed functions to achieve targeted results. The earliest attempt at using computers to conduct legal research was done in the United States of America (USA) in the 1960s; however it began to have a major impact the 1980s.
Computer Assisted Legal Research (CALR) was developed by Professor John Horty, Director of the University of Pittsburgh Law Center[1]. He used punching machines to code all Pennsylvania public health laws and transferred same to a computer tape wherein users could search statutes by keywords. This was demonstrated at the American Bar Association’s Meeting in 1960. CALR has produced famous research platforms such as Westlaw and Lexis.
In Nigeria, Law Pavilion proved a landmark in the application of technology to legal research. It was developed by Grace InfoTech Ltd to ease legal research in Nigeria.[2] Similarly since 2010, there has been an increase in social media and web based platforms in connecting prospective clients to their legal representatives. Law firms now define their areas of expertise on websites to attract the requisite clientele.[3]
3.0. ANALYSIS OF THE IMPACT OF AI IN OTHER JURISDICTIONS
A survey of managing partners of U.S. law firms with 50 or more lawyers found that over 36% of law firms, and over 90% of large law firms, are either currently using or actively exploring use of AI systems in their legal practices.[4] A study by Deloitte estimated that 100,000 legal jobs will be automated in the United Kingdom by 2025.[5]
AI today seems to be a crucial factor in judicial decision making. For example the Wisconsin Supreme Court in State v. Loomis upheld the use of algorithms in criminal sentencing decisions.[6] This aids utilization of sophisticated AI systems in future sentencing processes. In The People of California v Billy Ray Johnson,[7] the defendant was convicted for rape after he was implicated by the prosecution’s evidence based on sophisticated algorithm called TrueAllele. This decision however raised a red flag as the defendant’s attorneys were never allowed to examine TrueAlle’s source code to know if it somehow held any information bias. The prosecutors successfully convinced the court that laws protected the algorithm as a trade secret. This reasoning impugns on the fundamental rights of the accused to examine the prosecution’s evidence.
In China, a robot named Xiaofa offers Beijing Intermediate People’s Court legal advice and helps the public understand legal terminologies.[8] She knows the answer to more than 40,000 litigation questions and can deal with 30,000 legal issues. China has more than 100 robots across the country as it actively pursues a transition to smart justice.
In the Canadian case of Cass v 1410088 Ontario Inc,[9] Justice A.C.R. Whitten stressed the importance of AI in reducing a counsel’s preparation time for a case.
4.0. THE NIGERIAN CONTEXT
A remarkable advancement in the Nigerian legal system is the incorporation of electronically generated evidence in Sections 84 and 258 of the Evidence Act 2011. By virtue of this provision, the courts now give credence to transactions executed through electronic means.
The Supreme Court’s decision in Kubor v Dickson[10] cognized and endorsed the use of electronic evidence. Similarly, the Cybercrime Act 2015 extended the purview of the Nigerian criminal justice system to cover illegalities arising from cyber space activities including matters of national security.
Obviously, there is a slow adjustment in the country to the rapid influence of AI technology, the existing laws and judicial pronouncements do not specifically cover AI related matters compared to the aforementioned foreign cases. This state of affairs is not unconnected to the fact that the country in general is facing its own challenges such as infrastructural deficits. Should it however, experience an accelerated penetration of technology advancement, the legal system will swiftly follow suit in adjusting to the development.
Notwithstanding the foregoing, Nigerian law firms are reassessing their organizations’ strategies to incorporate AI. For instance, Tier-1 firms are taking the initiatives by mandating their employees to execute legal advice, researches and correspondences with clients digitally. The implication is that legal employers will be on the lookout for tech savvy lawyers.
5.0. INTERNATIONAL BAR ASSOCIATION (IBA) REPORT 2017
In 2017 the IBA published a report On the Future of Legal Practice. A percentage breakdown of the most cited legal technology around the globe was given as follows:
Data Security- 41%
AI- 33%
Legal Analytics- 20%
Big Data- 12%
Legal App – 10%.
A further breakdown of some countries where these technologies were used is as follows:
USA- 82%,
UK- 63%,
Australia- 45%,
Canada- 37%,
South Africa- 8%,
Nigeria- 2%.
This reveals a deficient growth of AI in Nigeria. On the flip side, it means that AI is an untapped aspect in the legal sphere that could develop over time and integrate the next generation of lawyers.
6.0. CONCLUSION
The biggest trepidation of many is that AI will displace lawyers from employment. Actually this fear is misbegotten and based on misconstruction of the concept of AI. This technology exists for the benefit of lawyers; it eases their workload whilst giving them time to do more thinking and advising which would in turn boost productivity. Those to be affected by job redundancy or job automation are lawyers who may not upgrade or reappraise their skill set.
Be that as it may, the truth is that technology is here to stay and with it comes the evolution of AI which will reshape the practice of law in the country in years to come. This moving train cannot be stopped, but we must get in it and not be left behind, therefore the integration of AI becomes quintessential.
REFERENCES
[1]M.A Geist,‘Where Can you go today?: The Computerization of Legal Education From Workbooks to the Web’ [1997](11)(1) Harvard Journal of Law andTechnologyhttp://jolt.law.harvard.edu/articles/pdf/v11/11HarvJLTech141.pdfaccessed 10 Jan 2019
[2]B. J. Hibbitts, ‘Last Writes? Re-assessing the Law Review in the Age of Cyberspace’ (1996)71 N.Y.U.L. REv. 615, 656.
[3]I.A. Olubiyi and others , ‘The Role of Technology in the Advancement of Legal Education and Practice in Nigeria’Conference paper presented by June 2015.
[4]T.S. Clay & E. A. Seeger,Law Firms in Transition 84 (2017),http://www.altmanweil.com/LFiT2017/accessed 10 Jan 2019
[5]Deloitte Insight: Over 100,000 Legal Roles to Be Automated, Legal IT Insider (Mar. 16, 2016), https://www.legaltechnology.com/latest-news/deloitteinsight-100000-legal-roles-to-be-automated/
[6]State v Loomis No. 2015AP157–CR. Decided: July 13, 2016.
[7]The People of Carlifornia v Billy Ray Johnson Case No: F071640.
[8]Xin Wen, ‘Robot gives guidance in Beijing Court’China Daily(Beijing, October 13 2017)http://usa.chinadaily.com.cn/china/2017-10/13/content_33188654.htmaccesses 10 Jan 2019.
[9]Cass v 1410088 Ontario Inc. 2018 ONSC 6959.
[10]Kubor v Dickson(2013) 4 NWLR (pt 1345) 534.