With the rise of artificial intelligence (AI) in modern society, professionals are all asking one question: what does this mean for the future? From social media to business, AI is becoming more and more prevalent in everyday life. In the legal field, artificial intelligence is making waves through a variety of means. Whether it is cases concerning the topic of AI or cases that actively utilize AI, pre-law students cannot stray away from learning about these new advancements in technology. In one way, shape, or form, AI is trending in a direction that will affect multiple industries, especially the legal world. Pre-law students must grow an ethical and informative view of artificial intelligence to become effective stewards of the legal world of tomorrow.
When one discusses artificial intelligence, a comprehensive understanding of the technology is required. Its usage within law practice is fundamental to grasp as well. To begin, artificial intelligence is not a new technology. Camino Kavanagh in his research article, Artificial Intelligence, claims, “The classic definition of AI dates back to 1955, when John McCarthy and his fellow researchers characterized artificial intelligence as ‘making a machine behave in ways that would be called intelligent if a human were so behaving.’” [1] In its sophisticated manner, artificial intelligence can mimic human intelligence in a limited capacity. Through new technology such as ChatGPT, artificial intelligence has recently grown. By behaving as humans do, artificial intelligence has been able to reach new heights. Its feats are noticed by Tim Wu, who in his article, WILL ARTIFICIAL INTELLIGENCE EAT THE LAW? THE RISE OF HYBRID SOCIAL-ORDERING SYSTEMS, says, “Software has partially or fully displaced many former human activities, such as catching speeders or flying airplanes, and proven itself able to surpass humans in certain contests, like Chess and Go.” [2] The legal field is no such exception to these feats. As many industries have utilized artificial intelligence to bolster efficiency and optimize time on specific tasks, the introduction of artificial intelligence into law has done the same. A great example of the integration of artificial intelligence into the United States legal system is how it is utilized by judges. Harry Surden in his piece, “Artificial Intelligence and Law: An Overview,” describes “Today, judges are increasingly using software systems that employ AI to provide a score that attempts to quantify a defendant’s risk of reoffending.” [3] With tasks such as determining one’s risk of reoffending, lawmakers continue to find opportunities where one can maximize decision-making. It is seen throughout the modern culture of law. However, is it sustainable? Is the use of artificial intelligence beneficial to the world of law as a whole in the long run?
To continually expound the magnitude of artificial intelligence in the legal realm, it is pivotal to examine recent case law. On August 5th, 2022, the case of Thaler V. Vidal took place. [4] The issue on the table was far from simple: can AI be listed as an inventor to a patent? Thaler argues that A.I. should be listed as an inventor of patents, as a result of its generative nature. However, under the Patent Act, it is classified that only individuals, defined to be strictly human beings, are allowed to own patents. [5] Another case that brings A.I. to the forefront is Ex Parte Allen Michael Lee, which was filed on July 19th, 2023. [6] During the case, Mr. Lee has serious accusations of aggravated sexual assault and sexual assault on children. To defend himself, Lee prepared arguments that would soon later be uncovered to be fabricated. Two out of the five sources he argued with were entirely fake. [7] The footnotes of the case depict that artificial intelligence may have been involved. [8] To avoid the issue altogether, Judge Brantley Starr requires a certification that the arguments outlined in a court of law have by no means been crafted by artificial intelligence. [9] Society in the context of law is trending towards a direction where AI will be prevalent inside and outside the court system. What must be done to ensure cohesion securely?
Given everything in mind, it is necessary to know how pre-law students must proceed. For pre-law students, there are two critical ideas one must know. First, what is the fundamental difference between artificial intelligence in law and a lawyer? Rabihah Butler, a Manager for Enterprise content for Risk, Fraud, and Government, expands upon the topic in her article, Generative AI and the Courts: Balancing Efficiency and Legal Obligations. [10] She quotes Judge Brantley Starr as he expands upon the idea of A.I. as it has become more prevalent in the legal field. [11] Judge Starr in Butler’s article states, “While attorneys swear an oath to set aside their personal prejudices, biases, and beliefs to faithfully uphold the law and represent their clients, generative artificial intelligence is the product of programming devised by humans who did not have to swear such an oath.” [12] From an ethical point of view, a lawyer makes an intentional and faithful oath to uphold the law and put the client before himself in every respect. By contrast, A.I. does not vow at all, therefore allowing various outside factors to come into play. Lastly, the author of this article, Joseph Lopez, an undergraduate pre-law student, had the privilege of attending a panel titled “Artificial Intelligence: Can We Use it? Should We Use it?” as held by Phi Alpha Delta Law Fraternity, International. [13] In the talk, Lopez asked, “As law students who want to be ethical, knowledgeable, and efficient in practice, we will be dealing with the issue of AI (and all of its faults) in the future. What is the best piece of advice you can give us to best adapt to the technological world we are living in today?” Jason Larman, partner at Family and Appellate Law, PLLC, answered with the idea that as it is a new technology, we must learn to use it, become familiar with it, and most importantly: do not get left behind. Do not miss out on the technological advances. [14] We are at the point where we need to make sure to pay attention to its advances while making a forthright effort to recognize its pitfalls, recognize its flaws, and use it as a stepping stone. [15]
Pre-law students will be responsible for becoming stewards of the law as future lawyers. To safeguard the laws ethically and faithfully, it requires them to become knowledgeable in areas that are affecting the legal field. As it stands now, artificial intelligence is looming in the distance. It is up to students now to decide: will they make the conscious effort to prepare themselves for the legal world of tomorrow?
Edited by Nolan Dietz-Velarde
[1] Camino Kavanagh, “Artificial Intelligence.” New Tech, New Threats, and New Governance Challenges: An Opportunity to Craft Smarter Responses? Carnegie Endowment for International Peace, 2019. http://www.jstor.org/stable/resrep20978.5.
[2] Tim Wu, “WILL ARTIFICIAL INTELLIGENCE EAT THE LAW? THE RISE OF HYBRID SOCIAL-ORDERING SYSTEMS.” Columbia Law Review 119, no. 7 (2019): 2001–28. https://www.jstor.org/stable/26810857
[3] Harry Surden, “Artificial Intelligence and Law” Georgia State University Law Review, Vol. 35, 2019, U of Colorado Law Legal Studies Research Paper No. 19-22, June 28, 2019 https://ssrn.com/abstract=3411869
[4] Thaler V. Vidal, 43 F.4th 1207, Virginia (2022)
[5] Thaler V. Vidal
[6] Ex Parte Allen Michael Lee, 673 S.W.3d 755, Waco, Texas (2023)
[7] Ex Parte Allen Michael Lee
[8] Ex Parte Allen Michael Lee
[9] Ex Parte Allen Michael Lee
[10] Rabihah Butler, “Generative AI and the Courts: Balancing Efficiency and Legal Obligations.” Thomas Reuters Institute, September 8, 2023, www.thomsonreuters.com/en-us/posts/government/generative-ai-courts/#:~:text=While%20attorneys%20swear%20an%20oath,to%20swear%20such%20an%20oath.%E2%80%9D.
[11] Rabihah Butler, “Generative AI and the Courts: Balancing Efficiency and Legal Obligations.”
[12] Rabihah Butler, “Generative AI and the Courts: Balancing Efficiency and Legal Obligations.”
[13] Jason Larman. “P.A.D. Speaker Series: Artificial Intelligence: Can We Use It? Should We Use It?" Phi Alpha Delta, October 6, 2023, 1:01:02. https://youtu.be/nP5cl1I71sA?si=remrW1s6ii41i21r
[14] Jason Larman, “P.A.D. Speaker Series: Artificial Intelligence: Can We Use It? Should We Use It?" Phi Alpha Delta, 56:25-57:45
[15] Jason Larman, “P.A.D. Speaker Series: Artificial Intelligence: Can We Use It? Should We Use It?" Phi Alpha Delta, 56:25-57:45
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