AI and the legal function

Companies and law firms have spent decades trying to get computers to do legal work with decreasing levels of human intervention, investing huge amounts of time and money in a problem nobody was sure could ever really be solved.Then in autumn 2022 ChatGPT was released and the world changed – all of a sudden anyone who could type could access the seemingly near-human power of artificial intelligence. Some experts knew it was coming but for the rest of us it was a sudden and unsettling change that made us ask some pretty searching questions about the nature of our work.

For the legal function of large organisations it presents an opportunity to expand capability, to focus precious human resource on difficult, high value problems and to realise previously-hidden commercial opportunity.

But it also demands we answer some fairly big questions – about ethics, intellectual property rights, the systematisation of human bias and what the legal and moral limits of automation should be.

These are old questions, but things are moving fast.

Alastair Morrison, who is in charge of client strategy at Pinsent Masons, said that AI has the potential to expand the capabilities of forward-thinking legal functions.

“The universe of law is expanding at an ever-increasing rate,” he said. “Regulation is not going to decrease – what industry isn’t regulated? With that comes increased compliance and increased investigation. This technology offers the opportunity to get your arms around things you otherwise wouldn’t get your arms around, such as getting a better risk management process in place. Generative AI is augmenting the capabilities of the legal team, not replacing them and not automating things, but being a very powerful tool to get stuff done that wouldn’t otherwise be achievable.”“For in-house legal teams we often talk about a polycrisis or a permacrisis where the sheer range of issues being dealt with means they don’t have the bandwidth to deal with it all. You put stuff away that you would love to deal with but you don’t have the time, the resources or the finances to address.

I can see applications for this for projects that you don’t have the time or resource to do, like putting improved risk management processes in place that give you institutional integrity and resilience,” said Morrison.

AI before GPT

AI systems can already do a lot in the legal field, such as predict trial outcomes and judges’ rulings extremely accurately. According to Lucy Shurwood of Pinsent Masons, who’s been working on using technology to deliver legal services for over a decade, systems can now extract precise information from contracts quickly and easily.

“It is making it easier to extract the relevant information from a contract so that it can be reviewed and evaluated. This works for anything to do with contractual terms. The key terms that a client might be interested are ‘when can I terminate the agreement?’; ‘what’s the governing law of the agreement?’; ‘if I want to transfer the contract, can I do that? Are there any conditions?’. It generally arises in an M&A transaction or is driven by regulatory change that a company has to comply with. That’s when they need to understand what the contractual position is in a very large number of contracts. So it’s about being able to extract information really efficiently and support decision making,” she said.

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