The Atlanta Lawyer December/January 2020 | Page 23

IN THE PROFESSION
words, even though the way law is
practiced, the set of tools, may change,
the “human” functions, i.e., listening to
the client’s concerns, appreciating their
emotional state, and educating them about
the need for further advice are “unlikely to
ever be replaced,” says Schulman.
A recent study by Dana Remus and Frank
Levy examining the question whether
“robots [can] be lawyers” follows a task-
based approach, dividing a lawyer’s work
into single tasks, including writing,
advising,
investigating,
researching,
and managing cases. Because lawyering
involved information processing that is
“central to virtually all human work,” 2 the
authors allege that a computer could (only)
perform tasks that could be “modeled
in a set of instructions,” i.e., “structured”
or “routine” tasks, but not spontaneous
“human interaction,” e.g., negotiations or
advising or communicating with clients, 3 or
legal writing, which required “conceptual
creativity and flexibility” 4 that could not be
automated. Overall, conclude the authors,
“technology […] is displacing lawyers at a
modest pace.” 5
The Future of Lawyers
However, such task-based thinking
is flawed, believes Richard Susskind,
author of multiple books about law and
technology and President of the Society
for Computers and Law, because “systems
that will replace us are unlikely to work like
us.” 6 Instead of asking which tasks could
(not) potentially be replaced by machines,
Susskind asks: Will we be able to achieve
the goals in different ways, with the support
of technology? Clients do not want lawyers,
writes Susskind; they want their problems
and disputes resolved. Although humans
as decision-makers and advisors will not
go away, the procedures might change.
Online dispute resolution, a growing trend 7
fervently supported by Susskind, 8 is a
good example. Evidence and arguments
are submitted electronically to the judges,
who will then deliver their final decisions
in electronic form. Because oral arguments
and statements are simply eliminated,
the fact that theoretically they cannot be
replaced by machines is irrelevant.
There might even be some benefits
derived from automation, says Alexander.
The professor points out that automated
systems created a brand-new set of legal
questions. “Think about self-driving cars
and the liability questions they raise.
Who is responsible if you are hit?” While
new technologies take away tasks, they
also create new ones, says the professor.
Alexander even expects the legal market
to expand. “If I use LegalZoom to create
a will, it might prompt me to think about
other things that I might see a lawyer for,
whom I can now afford because I saved
money on the will,” gives the professor
as an example. Besides, technology and
AI increased the efficiency in law firms
through document management and the
generation of contracts so that lawyers
could take on more clients, says Alexander.
Where does this leave us? In the course
of his book, Asimov tries to reassure us
that we don't need to worry about robots
rebelling and replacing us – until the last
story ends with something similar to a
robot take-over. This might teach us to view
technology with an open yet cautious mind,
facing and embracing changes, chances and
challenges alike.
____________________________
See Dana Remus and Frank Levy, Can
Robots Be Lawyers? Computers, Lawyers,
and the Practice of Law, Georgetown Journal
of Legal Ethics, Vol. 30, Issue 3 (2017), p.
501+, Fn. 10
2
Id.
3
Id.
4
Id.
5
Id.
6
Richard Susskind, AI, work and ‘outcome-
thinking’, published on LinkedIn on Nov. 15,
2018
7
According to a report by the National Center
for State Courts, 60 jurisdictions in 17 states
use it to settle small claims, traffic, and family
law cases. See 2019 ODR International
Forum: ‘Online Dispute Resolution is here to
stay”, https://www.ncsc.org/Newsroom/At-
the-Center/November-2019/ODR-Forum.
aspx
8
See Richard Susskind, Online Courts and
the Future of Justice, Oxford University Press
(December 14, 2019)
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