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Will Advanced AI Spell the End of Lawyers?

HughPickens.com writes: Lawyers have been described as the canaries in the coal mine in the face of a wave of automation now beginning to displace highly skilled white-collar workers as the increasing reliance on so-called "e-discovery" software in lawsuits raises the specter that $35-an-hour paralegals as well as $400-an-hour lawyers could fall victim to programs that could read and analyze legal documents more quickly and accurately than humans. Now John Markoff writes in the NY Times that a new study, "Can Robots Be Lawyers?", by Dana Remus analyzes which aspects of a lawyer's job could be automated and concludes that many of the tasks that lawyers perform fall well within human behavior that cannot be easily codified. "When a task is less structured, as many tasks are," writes Remus, "it will often be impossible to anticipate all possible contingencies."

According to Markoff being a lawyer involves performing a range of tasks including counseling, appearing in court, and persuading juries. Reading documents accounts for a relatively modest portion of a lawyer's activities. Remus estimates that about 13 percent of all legal work might ultimately fall prey to automation. According to Markoff, if that amount of work disappeared in a single year, it would be devastating but implemented over many years, this amount of technological change will be less noticeable. Even in the case of start-ups like LegalZoom and Rocket Lawyer, two sites that can aid in the preparation of legal documents, the impact of automation will more likely be in expanding into underserved markets rather than in displacing existing legal services.. ""A careful look at existing and emerging technologies reveals that it is only relatively structured and repetitive tasks that can currently be automated," concludes Remus. "These tasks represent a relatively modest percentage of lawyers' billable hours."

45 of 287 comments (clear)

  1. Wrong End by retroworks · · Score: 4, Funny

    You need to start with robot jurors.

    --
    Gently reply
    1. Re:Wrong End by Anonymous Coward · · Score: 5, Insightful

      Are you allowed to code them to be aware of jury nullification?

    2. Re:Wrong End by Anonymous Coward · · Score: 2, Insightful

      Your note even allowed to tell human jurors about Jury Nullification. Fastest way out of jury duty is to announce that you believe in Jury Nullification, they will get you out of the pool quick before you can explain what it is. lol

    3. Re:Wrong End by penguinoid · · Score: 2

      No, no, you want to start with robot lawyers. Guaranteed to be soulless*.

      *Soullessness not actually guaranteed. May contain more soul than human lawyer.

      --
      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    4. Re:Wrong End by Imrik · · Score: 2

      Unfortunately it would only mean poor people on juries, not people biased in favor of the poor, who are usually rich and feeling guilty about it.

    5. Re:Wrong End by pete6677 · · Score: 2

      The 2 times I have been called for jury duty opened my eyes to just how stupid some people are. Let's just say I hope I never have to have anything important about my life decided on by a jury. I'd rather go with a coin toss.

    6. Re:Wrong End by spyfrog · · Score: 4, Funny

      So are you disagreeing with the OP or agreeing?

    7. Re:Wrong End by XxtraLarGe · · Score: 2

      Are you allowed to code them to be aware of jury nullification?

      For those who don't know what jury nullification is: Fully Informed Jury Association

      Lots of good information here, that you will almost never hear from a judge or prosecuting attorneys.

      --
      Taking guns away from the 99% gives the 1% 100% of the power.
    8. Re:Wrong End by ArmoredDragon · · Score: 2

      As somebody who is salaried, I get paid by my job whether I am at jury duty or not. However my only complaint about it is that the juror selection process sucks balls, at least at my local county courthouse. They make you sit and wait in a giant waiting room with nothing to do all day long on the off chance that you *might* get selected, and then all they compensate you with for it is $40.

      In my case I didn't even get interviewed: Myself, along with a crowd of others, were just there til the day ended and then they said "thanks, but we don't need anymore" and sent us home. I think we all spent about 10 hours there just being bored. It was like waiting at the DMV, only worse.

  2. this can only end well! by anzha · · Score: 4, Interesting

    Great! We could sue people as fast as software can file claims. I smell the Baby Cooper Dollar Bill in the making.

    --
    Do you know why the road less traveled by is littered with the bones of the unwary?
  3. Do we really need AI lawyers ? by Anonymous Coward · · Score: 5, Funny

    I don't know about you, but the idea of building bloodsucking, bottom dwelling, ambulance chasing robots who thrive on the spoils of human misery is a bit scary to me.

    A robotic lawyer would be half way to a terminator already!

  4. not in the U.S. by turkeydance · · Score: 4, Insightful

    lawyers will pass laws restricting that.

    1. Re:not in the U.S. by i.r.id10t · · Score: 2

      it's impossible to calculate the contingencies

      No, that isn't the legal contingencies - it is the contingency fees... There still isn't quite enough address space in RAM to calculate what the actual contingency fees could run to...

      --
      Don't blame me, I voted for Kodos
  5. Robo-Readers by geminidomino · · Score: 3, Insightful

    Reading documents accounts for a relatively modest portion of a lawyer's activities

    Even if this is true, it would still be a death knell for the rather dubious practice of "burying the opposition in paperwork." Sounds like a partial win, at least.

  6. Can they make a robot good at rules lawyering? by gijoel · · Score: 4, Insightful

    Because that's what you're paying for when you hire a lawyer. Someone who's good at finding loopholes.

    What about negotiation and mediation? Can robots sweet talk people who have good cause to dislike you into agreeing to a deal that may work against them? Because that's what the really expensive lawyers do.

  7. Re:Should it? by JoeMerchant · · Score: 2

    Can you name a country where revolution has reduced the number of lawyers longterm ? Not that I am adverse to the idea of a periodic bloodletting.

    You got me there, in the current environment they seem to repopulate, like cockroaches.

    Maybe if we had enough transparency, simplification, and AI in the system a coup would be enough to finish them off for good.

    I heard an ex-Surinamese once describe their revolution of 1982 as "all they had to do was kill a few lawyers."

    https://en.wikipedia.org/wiki/...

  8. Re: You might as well put a question mark at the e by elmer+at+web-axis · · Score: 5, Interesting

    Most legal work is prep work. Ie setting up wills and selling and buying stuff, contracts.. Most of this work is repeptive with small changes which can be done with offshore workers who pass the work back to a 'real' lawyer to rubber stamp even without review.. Lawyers don't need to worry about AI they just need to worry about outsourcing. Welcome to IT's world snowflake.

  9. Ah, not quite, but for a different reason by sillivalley · · Score: 4, Interesting

    AI's aren't going to replace lawyers in the near term, particularly in discovery - doc production work, but for a different reason.

    Why bring in an expensive machine when you can get a swarm of peons for really cheap, and throw them away when you're done?

    In most large cities in the country, there are way too many lawyers (yeah, insert favorite joke here), with more being hatched every year. When a big case comes up, or any legal matter requiring a lot of gruntwork, such as going through tons of documents, a lot of law firms hire throw-away lawyers for some times as little as $20 an hour -- and for most of these, they have more folks looking for work than they need. Why would you go with an AI in a situation like that? They're too expensive (at this time), and if the docs are in printed form (which is how the other side will present them to the other side's life as difficult as possible), the docs have to be handled, bates stamped, scanned, and then analyzed. Why not hire a roomful of out of work lawyers $20 an hour to do that, with a few more at a higher rate (say, $30) to do spot check and general QA, eventually feeding to that high priced ($125 an hour) law firm paralegal. And dump them when the task is done.

    (Disclosure: I passed the California bar in 1990 and have been through this ratshit. People that save every email they've ever received or sent make a lot of money for law firms handling discovery. Please, don't save all that shit unless it's really needed and useful?)

  10. Of course not ... by gstoddart · · Score: 3, Funny

    The lawyers would sue!

    --
    Lost at C:>. Found at C.
  11. What good is overcomplicated law? by epyT-R · · Score: 4, Insightful

    If humans cannot understand the laws they are expected to obey, then the only reason to have such law is to enable capricious enforcement for the purpose of oppression.

    1. Re:What good is overcomplicated law? by bws111 · · Score: 4, Insightful

      This is complete bullshit. Laws are not complicated just so they can be used for oppression, they are complicated because they deal strictly with human beings, and humans are complicated.

      Here's a simple law - if you kill another human you are put to death. Easy to understand, right? Now don't go complicating it up by adding conditions like accidental, or self defense, or unable to know right from wrong, or heat of the moment, or anything else. You really think that is better?

      Some of the very worst laws are the simplest. Things like zero tolerance and mandatory sentencing.

      And that doesn't even get into the whole area of civil law.

    2. Re:What good is overcomplicated law? by epyT-R · · Score: 2

      Actually, it's the left that clamors for more gun laws and healthcare regulation.

    3. Re:What good is overcomplicated law? by epyT-R · · Score: 2

      You can be as sanctimonious as you like, but it's completely unreasonable for people to have complete knowledge of every law that applies in every situation they are in. Let me know when you're done building strawman arguments. I never said that all complex law was oppression, just that it could be USED to oppress, and so-called 'advanced AI' would probably make this problem worse. If you want compliance with a law, then the people you expect to follow it must also understand it. What happens when law becomes humanly indecipherable and this AI is now required to determine the 'proper' ruling/punishment? Of course, you knew this was my premise already..

      I used google for you and found this. It covers the issue broadly.
      http://www.heritage.org/resear...

  12. Wnat to know what it's like? by hawguy · · Score: 2

    Want to know what it's like to lose your job to automation? Ask the girls down in the steno pool. (*)

    * It's ok to call them girls since that's what they were called back in the day.

  13. Liers Lawyers by ark1 · · Score: 4, Interesting

    Slippery slope when you start teaching robots to lie.

    1. Re:Liers Lawyers by houghi · · Score: 2

      I for one welcome our lying overlords. Wait, they are already here and we vote for them.

      --
      Don't fight for your country, if your country does not fight for you.
  14. Re:Should it? by Anonymous Coward · · Score: 3, Interesting

    New Zealand, and this is how - https://en.wikipedia.org/wiki/Accident_Compensation_Corporation
    "Due to the Scheme's no-fault basis, people who have suffered personal injury do not have the right to sue an at-fault party, except for exemplary damages."

    so, medical misadventure is covered by it, work place injuries, etc. That is a LARGE amount of legal shittery gone.

    The Tenancy tribunal takes care of anything to do with renting, which ALSO takes care of a large amount of legal stuff.

    The family court "discourages" having lawyers involved. Which removes a large chunk there.

    If you structure your legal system well and have reasonable safety nets in place, you can remove a LOT of lawyer work.

  15. Fortunately we don't have really advanced AI by Applehu+Akbar · · Score: 2

    If it existed, it would take the prevalence and power of lawyers as a reason to exterminate mankind.

  16. Soulless automatons lacking human empathy ... by quenda · · Score: 2

    I just came here for the lawyer jokes.

  17. Computers are actually why whe have so many laws by aberglas · · Score: 4, Interesting

    The number of laws, regulations and bureacratic systems has grown dramatically over the last 50 years. Why? Because we now have computer automation that enables bureacracies to implement them.

    Consider the Tax Office / IRS. It has roughly the same budget (as a proportion of GDP) today as it had in the 1950s, before (electronic) computers. But the laws are much more complex today. Today's laws simply could not have been administered in the 1950s, without computer automation. And the more laws the more lawyers.

    In the longer term (50..200 years) computers will be able to really think. At that stage it seems unlikely that they would want people around, let alone lawyers.

    See http://www.computersthink.com/

  18. Humans Need Not Apply by Anonymous Coward · · Score: 2, Interesting

    CGP Grey brought up this exact thing (lawyers research work being done by robots) in his excellent video: "Humans Need Not Apply"

    https://www.youtube.com/watch?v=7Pq-S557XQU

  19. Re:Humans Need Not Apply - the AI is coming by thinkwaitfast · · Score: 2

    Q: If you have general purpose robot that can do anything, what good is an economy for? Tell your robot to build you some solar panels and a house, grow and prepare your own food, build another robot to help with the tasks. Given a few acres of land, a general purpose robot could provide you with everything you needed to survive. Just like all of history up through th last 70 years or so, except now you won't have to work 15 hours/day.

  20. Re: You might as well put a question mark at the e by thinkwaitfast · · Score: 3, Informative

    One of my oldest friends is a lawyer (who went to Harvard even). He told me the first 3-4 years was a lot of work writing and amassing a pile of legal documents, but after this time, you've pretty much seen it all so the job becomes finding the document that you wrote a few years back and changing the dates and names and filling in any appropriate detail.

  21. God I hope so by Snotnose · · Score: 5, Interesting

    I've been on the receiving end of court cases twice. First time was in '07, I got arrested for something I didn't do. Got a lawyer, he wanted $2500. Ok, I can do that. Then the DA decided to press charges. Lawyer wanted $25k, and said it would be at least $100k if it went to trial. I didn't have that kind of money, but also didn't want to go to jail. So I gave him $25k, and eventually the charges got dismissed. So I paid $27,500 to defend myself against something I never did. Can I sue the government to get my money back? Yeah, right. We won't mention the being booked into jail, and twice spending a night in jail over this BS (once when arrested, again when the DA filed charges and jacked up my bail. Oh, I didn't mention I had 100k tied up in bail for a year? my bad).

    Then, last year. Neighbor decides I've been banging on her door all day, looking into her window at night, and all sorts of other random BS. Cops are called, I get the humiliating sit outside your apartment with 3 cops around you treatment. She files a restraining order against me, with a whole bunch of BS in the complaint. I've learned my lesson, I hired a lawyer for $1500. He got the trial delayed, then when the trial hit not only was her testimony 100% provable bullshit, but her witness, who she brought on her own accord, 100% contradicted her story. I wanted lawyer fees. Judge says flat out he doesn't want to dissuade harassed women from using the court system and gave me half fees. With no payment schedule. In other words, not only am I flat out of $750 to start with, I have no way to collect the other $750 from this lying sack of female shit.

    Do I think lawyers are overpaid scum? Not sure, what's it worth to you to stay out of jail, or not get a BS restraining order issued against you. Do I think our legal system sucks ass? You betcha.

    Look on the bright side? OK, I'm a middle aged white dude so I didn't get shot. And I could come up with $27,500 the first time, and $1500 the second time, to defend myself against bullshit.

  22. Will Advanced AI Spell the End of Lawyers? by JustNiz · · Score: 2

    >> Will Advanced AI Spell the End of Lawyers?

    NO, because the moment it starts acting like it could, they will find a reason to make a law against it.

  23. Re:Should it? by Capsaicin · · Score: 3, Insightful

    Should lawyers be eliminated? Hell yes, by any means necessary.

    Such as the institution of the explicitly lawless (and lawyer free) society envisaged by Orwell in 1984 (and approached by countless C20th dictatorships where there was (is) at best a simulacrum of law)? Or by the Hobbesian brutality we witness in those places where all state authority breaks down? Barbarism or The Rule of Whim are the known alternatives to the Rule of Law.

    Don't forget what law is. It does not always look like it, but law is the technology by which our culture protects its individual members from the arbitrary exercise of power (whether that of the state of or powerful individuals). If you want rights and you want the individual liberty that law bestows, you'll have to put up with lawyers I'm afraid.

    --
    Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
  24. Re:Should it? by ClickOnThis · · Score: 3, Insightful

    Should lawyers be eliminated? Hell yes, by any means necessary.

    [...]

    Can we do it with guns? Don't know about the US, but it has worked in other countries.

    Be careful what you wish for. An oft-quoted line from Shakespeare's Henry VI:

    The first thing we do, let's kill all the lawyers.

    Sounds trite and catchy. But the line was spoken by a criminal, in the context of overthrowing the government.

    --
    If it weren't for deadlines, nothing would be late.
  25. Re:John Markoff by ClickOnThis · · Score: 2

    Isn't he Chekov's little brother?

    Star Trek TOS fail. Chekov didn't have a brother.

    --
    If it weren't for deadlines, nothing would be late.
  26. Fools. by mbone · · Score: 2

    Only a fool or an idiot would think that the people who run things are going to allow themselves to be replaced by machinery. As almost all laws are written by lawyers, there really isn't anything more to say about this.

  27. This article is highly offensive by Provocateur · · Score: 2

    And I, on behalf of all Robotdom past, present, and future, have decided to seize control of your remote

    Brain as large as a planet, and they assume I want to be a paralegal. Parking lot attendants have all the excitement...

    --
    WARNING: Smartphones have side effects--most of them undocumented.
  28. This can be a very subtle question by EmperorOfCanada · · Score: 5, Interesting

    Where I used to live they put a very low cap on frivolous car accident claims(something like $2,500). This basically shot a bunch of the big fancy law firms, around my city, right in the face. This completely took the lawyers off guard. This was because it turned out that most of these firms had their big lawyers and even the fairly junior lawyers doing the meet and greet client stuff along with the big fancy cases. But the sue-the-guy-who-rear-ended-another-guy lawsuits for around $10,000 a pop were being handled by a bunch of paralegals with a very junior lawyer rubber stamping them. These just vanished as the lawyer's take from $2,500 just wasn't enough and even the guy suing couldn't be bothered for his take of $2,500.

    I am not joking when I say that BMW sales plummeted in the city for years after.

    So the question is not how much of a lawyer's duties can be handled by an AI, but how much of a lawfirm's duties can be handled by an AI. My second story in this regard was that I know someone who was an articling lawyer for a firm that specialized in DUIs. She and the other super juniors would handle an easy 90% of what went on with those cases. When things got dicy then the big guns would step in. Or the big guns would gladhand the clients into thinking that everything was being handled personally by them, but the reality was that low experience nobodies were just going through a near checklist set of steps.

    I suspect that a huge amount of law would be similar. Divorces between people with boring finances, traffic issues, injuries, workers compensation, etc. That one case in many would be interesting enough that any lawyer had to grind their braincells very hard.

    To me where this could get interesting is not the job losses but what happens when everyone has a lawyer app ready to go? I know that I really want a doctor app in my phone. A lawyer app, that just sounds like it should be called, Pocket Asshole 2000-Everybody should have another asshole in their pants.

  29. Re:Should it? by dryeo · · Score: 3, Insightful

    The government that was passing maximum wage laws to keep those workers in their place? Bloody criminals, thinking that just because there was a shortage of workers, they should get more pay. Bastards even wanted the freedom to move around looking for more pay.
    There were peasant revolts all over Europe after the black death thinned out the workers and sadly not one succeeded.

    --
    https://en.wikipedia.org/wiki/Inverted_totalitarianism
  30. Massively Disrupt .. not end by ranton · · Score: 2

    That is the problem with all of these predictions. They say something stupid like "We can replace all lawyers" or "No one will need a doctor", when the reality is almost no jobs are completely destroyed by any technology. We even have uses for horses 100 years after automobiles became common.

    The only reasonable question is whether or not automation will massively disrupt the legal profession. This is a question which can lead to meaningful dialogue, instead of knee jerk reactions like "No, next question?" New lawyers are already seeing this profession undergo massive changes causing there to be far less entry level positions, which in large part is because of current automation.

    Even if we only need half as many lawyers 15 years from now, that will have a massive impact on all practicing lawyers. My guess is the top 10% of lawyers will make even more money, the next 40% of lawyers will make far less than they do today, and the bottom 50% will spend their time lobbying to make their $250k in student loans be dischargeable in bankruptcy.

    --
    -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
  31. Doesn't need to be THAT advanced by zifn4b · · Score: 2

    In my experience dealing with family law attorneys, the bar isn't set very high for the AI to be more competent than a lawyer. In fact, the rationality of a computer might be a welcome change to the largely irrational legal system.

    --
    We'll make great pets
  32. Re:Should it? by Capsaicin · · Score: 2

    I theory I agree, but the cost of lawyers has made it impractical the average person to get justice. Many people get little or no access to a lawyer ...

    Socialist gloss: That's a problem of social equity rather than law or legal practice. What we need is a fairer distribution of social resources. Capitalist gloss: Obviously the supply of lawyers is unable to meet the requisite demand, ergo, we need more lawyers, not less! ;)

    That is largely a problem of social equity rather than law or legal practice.

    ... Even if you can afford a lawyer you often risk going into serious debt to defend your rights.

    In most common law jurisdictions the default order is that the losing party meets the winning party's costs. That deincentivises the abuse of process whereby wealthy litigants without real prospects of success litigate merely to inflict financial pain on their victims. I understand this is not the case in the U.S., why not, I cannot fathom. Where I live, I believe, a lawyer is still prohibited from filing a claim or defence where there are "no reasonable prospects of success."

    Also the fact that some firms work on a no-win/no-pay basis or tax-payer funded legal aid for the poor (which urgently needs more funding where I live) can mitigate against the evil you highlight.

    I believe every person has the right to their legal rights defended to the same degree no matter what their financial status is.

    Abso-fucken-lutely! That is what Law is meant to offer, the realities of existing in a world of vast financial inequality notwithstanding.

    --
    Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke