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Every now and then pundits make claims that technology will eliminate human lawyers. Some even fantasise that judges will face the same fate. In fact, a few have also suggested that technology will eliminate the entire legal profession. Well, this is not the case – at least not in the foreseeable future, writes Arthur Marusevich.
While the law may be a series of algorithms prescribing do’s and don’ts and ifs and thens, it does not operate autonomously like a programmed computer. It operates within the realms of the legal system, which is not as straightforward as coding.
Moreover, human lawyers have the ability to adapt and compete by using technology to their advantage.
Yes, clients do not want to pay for routine work anymore, and agreeably certain legal roles such as researchers, paralegals and even junior lawyers are being eliminated by technology. However, the difference is that clients are always willing to pay for experience and specialised skill.
Take the role of a technology lawyer as an example.
A technology lawyer has substantial knowledge of technology and specialises in subsets of the law pertaining to technology. This area of the law is rapidly evolving to be known as technology law.
In contract law, for example, the subset of law dealing with software license agreements is part of technology law. Even more exciting – smart contracts.
A smart contract is a computer protocol designed to digitally facilitate, verify or enforce the negotiation or performance of a contract. Importantly, this function is conducted based on data or value input from a user. This is where the role of a technology lawyer comes in. Using specialised knowledge and skill, a technology lawyer can assist a client with data or value input, whether through coding or other programming means.
Indeed, once the CSIRO-led Australian National Blockchain platform has been developed, technology-wielding human lawyers will be an invaluable commodity. They will play a crucial role in assisting clients with digitised contracts, also known as blockchain-based smart contracts. In fact, some law firms already consider that a lawyer adept at coding could in fact be a prized asset in a law firm of the near future.
This explains why some universities have started offering courses on information technology law. The same applies to litigation lawyers.
Aside from the legal system being too complicated, the unique ability of human lawyers to create empathy with clients, jurors and judges alike makes them indispensable. This gives a litigation lawyer the opportunity to use technology to his or her advantage. For example, when preparing for cross-examination, a litigation lawyer can deploy AI to analyse the testimony of a witness in every case he or she has testified, or the reaction of juries in relation to those testimonies.
It is hard to imagine human lawyers being replaced by technology, let alone judges or the entire legal profession. Even the people working on the software meant to automate legal work say that the adoption of such technology will be slow and task-by-task based, not a blanket termination.
Ultimately, it is the role of a human lawyer to solve legal problems. Technology merely presents a huge opportunity for agile and forward-thinking lawyers to use it to their advantage and deliver efficient legal outcomes for their clients.
Arthur Marusevich is a lawyer based in Canberra. He uses his five language skills to help people from disadvantaged backgrounds. Having written his first book, Arthur is an aspiring novelist and aims to publish one novel a year.
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Arthur Marusevich
