Exploring the Transformative Nexus of Technology, Globalization and Client Expectation on the Legal System
Introduction
The
legal profession, initially thought to be resistant to change, now stands at a
critical juncture in its evolution. The changing landscape, fueled by factors
such as globalisation and the need to improve customer satisfaction, has
prompted a drastic shift in legal practice. In response to this urge for
change, technology has emerged as a critical driver, transforming the
profession from a lawyer-centric profession to a domain where the preferences
and demands of clients take precedence.[1] It
is interesting to note that law-related technology lies at the heart of
globalisation and changes in customer preferences as it facilitates
inter-border legal interactions in addition to feeding into the demands of
consumers.[2]
This will be discussed in the subsequent sections. Consequently, this essay
intends to adopt a three-pronged approach to the transformation of the legal
profession; technology, globalisation and client expectations.
Technology's
Transformative Influence on Law and the Legal Profession
Interestingly,
Artificial Intelligence (hereinafter AI) researchers have been focusing on law
as an area of interest for quite a long time due to its well-defined norms,
which make automation relatively simple.[3]
Law-related technology, notably artificial intelligence, performs a variety of
functions. Regardless of the precise parts of the legal profession to which
they are used, these technologies can primarily operate as supplements or
substitutes.[4]
Law-related technology supports legal professionals, such as lawyers,
advocates, and judicial officials, with tasks such as reviewing vast legal
documents, conducting legal research, assisting with billing procedures, and
performing rudimentary drafting.[5] Platforms
such as Rocket Lawyer and Legal Zoom, for example, provide quick,
cost-effective, and accurate legal services such as will and probate drafting,
divorce management, and property transactions.[6]
The
employment of AI as a substitute has sparked substantial controversy about its
ability to completely replace lawyers and practitioners. This is because AI
robots can be used to adjudicate disputes, represent clients, and make legal
decisions. AI can improve decision-making efficiency and accuracy, and could
potentially replace humans in certain situations, especially where parties
themselves do not wish to submit before a human being for compelling reasons.[7]
Nonetheless, existing AI lacks the cognitive and emotional abilities needed for
legal decision-making.[8]
This drawback creates a critical hit in instances where an adjudicator or
advocate is expected to develop a level of empathy while deciding over a case.
Furthermore, whereas AI adjudicators are lauded for their largely unbiased
decisions, instances of bias can still seep through. This is especially so
where the data used to train AI systems is tainted with prejudice towards a
certain group; women and marginalised communities.[9]
The current legal system is also ill-equipped to deal with such automated
adjudicators. In the realm of arbitration, for example, the majority of
arbitration laws do not expressly recognize the position of a robot arbitrator.
This holds true for Kenya’s Arbitration Act (Cap 49) as well.[10]
Thus it remains unclear whether courts can enforce an award made by a robot
arbitrator.
The
integration of technology into the Kenyan judicial system, much like in other
jurisdictions, can be attributed to the impact of the COVID-19 pandemic. To
uphold the constitutional right to access justice, as outlined in Article 48 of
the 2010 constitution, and concurrently prioritize public safety amid the
pandemic, courts turned to technology to facilitate virtual hearings.[11]
The judiciary had also initially started implementing electronic case
management systems, including e-filing systems, electronic service of documents
to involved parties, and the electronic delivery of rulings and judgments.[12]
Additionally, the National Council for Law Reporting (Kenya Law), established
under The National Council for Law Reporting Act, has also embraced
technological advancements.[13] The
organisation ensures the public's access to legal information, including cases,
legislation, treaties, and parliamentary bills, through its website, which is
easily accessible via mobile phones. Furthermore, advocates can utilise the
website to retrieve cause lists, demonstrating the practical utility of
technology in the legal sphere.
The
incorporation of artificial intelligence (AI) into the Alternative Dispute
Resolution (ADR) environment is most visible in Online Dispute Resolution (ODR)
procedures. The Centre for Alternate Dispute Resolution Excellence (CADRE), for
example, was expressly intended to address tenant and renter issues in India.[14]
Parties can quickly submit their arguments online, participate in video
conferences, and communicate via email within the ODR system, expediting the
dispute resolution process.[15]
Notably, platforms such as Uwakili.com let users prepare important legal
documents such as wills, contracts, and tenancy agreements, which contribute to
the digitization of law.[16] Furthermore,
Esheria, which has been likened to the ChatGPT of law, is critical in
empowering users, especially law firms, by enabling access to case law, files,
and other legal information.[17]
This unique platform allows users to quickly acquire legal material and get
solutions to a variety of legal questions. Esheria stands out as a
transformational tool, demonstrating the potential of artificial intelligence
in revolutionising legal practices, providing quick access to essential legal
materials, and allowing informed decision-making within the legal arena.
The
integration of technology into the legal profession also brings into question
novel areas of law that have become the basis of interesting discussions
globally. The ethical challenges linked with technology and AI include the
challenge of consumer attitude and trust towards AI systems as well as the
existing technological divide tilted unfavourably towards the global south.[18]
The problem of liability, in particular, looms large, as establishing blame for
mistakes or injury produced by an AI system remains murky - whether it falls to
the developers, users, or the AI itself.[19]
Furthermore, transparency is a challenge because many AI systems operate as
'black boxes,' obscuring their decision-making processes and generating
mistrust, as well as potential legal difficulties.[20]
This lack of openness is also linked to confidentiality. AI systems'
significant data processing skills increase the risk of disclosing or misusing
sensitive information, thereby violating privacy rules.[21] These
diverse ethical concerns highlight the importance of careful deliberation,
strong regulatory frameworks, and ongoing discussions to ensure the ethical
application of AI in the legal realm.
Law
Beyond Borders: The Effect of Globalisation on the Legal Profession
The
internationalisation of legal services has resulted in major changes in the
legal field, disrupting old techniques and calling established standards into
question. Legal Process Outsourcing (hereinafter LPO) has had a considerable
impact on the globalisation of the legal industry, with companies such as
Pangea, Yerra, and Integreon leading the charge by utilising global workforce
optimisation to shift legal work from high-cost to low-cost labour markets.[22]
This transition has not only changed the employment dynamics for locally
licenced lawyers, but it has also fundamentally transformed the nature of legal
work. Traditional duties that were once exclusive to individual countries are
increasingly being outsourced globally, encouraging a more diverse and
collaborative approach to providing legal services.[23]
India has become a central hub for LPO services, with worldwide organisations
and law firms outsourcing numerous legal activities to Indian LPO firms, such as
document evaluation, contract preparation, and legal research.[24] The
emergence of LPOs has enhanced the mobility of lawyers with critical legal
skills, especially in major financial centres throughout the world. This
mobility has facilitated the cross-border movement of capital, labour, goods,
and services, leading to economic growth and the growing demand for trained
legal professionals. Nonetheless, ethical, legal, and professional concerns,
including client confidentiality, impede the growth of the outsourcing process.
This calls for a more proactive stance on the regulation of LPOs.
The
changing environment of legal education is yet another effect of the
globalisation of the legal profession. Traditionally, law school programmes
have been region-specific, catering to the needs of the legal sector inside a
single jurisdiction.[25]
The rise of worldwide legal services, on the other hand, has underlined the
need for a more globally focused-legal education. This shift implies that legal
professionals will now possess a diverse set of abilities, including legal
technology, project management, financial accounting, human resources,
marketing, and project management.[26]
Regrettably, many law schools have yet to incorporate these critical elements
into their programmes, indicating an educational deficit that must be addressed
immediately.
The
globalisation of the legal profession is inextricably tied to technical
improvements, particularly the Internet, which has revolutionised the
traditional approach to legal services.[27]
The ability to deliver legal procedures digitally has transcended geographical
boundaries, as seen by the global performance of duties such as document
review, contract management, and due diligence. Cloud-based contract management
tools, for example, enable legal practitioners to access and handle contracts
from many countries in real time, enabling remote collaboration.[28]
AI-powered tools also automate document inspection and due diligence,
increasing productivity and accuracy. These technology advancements not only
improve the accessibility and effectiveness of legal services but also change
the boundaries of legal practice, ushering in a new era of globalisation in the
legal profession.
Client
Expectations: The Unseen Hand Shaping the Law and Legal Profession?
Client
expectations have a significant impact on the legal profession and the law.
According to a 2013 BTI Consulting Group poll, the most important factor
separating "the absolute best client service" is "client
focus," which accounts for 68.8% of the criteria.[29]
This emphasises the necessity of lawyers being extremely devoted and proactive
in responding to clients, understanding their business and legal objectives,
and displaying a shared commitment to helping clients achieve their goals.
Fostering empathy in lawyer-client relationships also improves rapport,
resulting in more comprehensive legal analysis and a positive view of the legal
profession.[30]
This customer-centric strategy not only meets client expectations but also
improves the legal profession's overall image and performance.
Additionally,
with the advancement of technology, clients today expect legal services to be
delivered quickly and conveniently.[31]
This has given rise to virtual legal services, which allow legal professionals
situated anywhere in the globe to undertake activities like document review and
contract administration.[32] Various
studies indicate that when parties are cautious about sharing sensitive
information, they are more likely to choose a non-human arbiter in the Alternative
Dispute Resolution (ADR) sector.[33]
This inclination lends credence to the case for the existence of a robot
arbitrator or mediator. Furthermore, in the United States, the lengthy duration
of divorce processes has resulted in a desire for software to accelerate the
proceedings. One of the Divorce softwares, Wevorce, not only expedites the
divorce process, which generally takes around a year on average, but it also
contributes to cost savings.[34]
Thus the digitization of the law is in response to customer expectations
for a quick and efficient system for dispensing justice.
Concluding
Remarks.
This
essay sought to elucidate how globalisation, changing client expectations, and
technological innovation are actively shaping the contours of the legal
system. Intriguingly, this ongoing revolution implies that the responsibility
for delivering legal services can no longer be exclusively entrusted to the
conventional realm of 'learned friends.' Instead, it needs a collaborative
effort including a wide range of stakeholders, including software developers,
computer scientists, and regulators, as well as legal practitioners.
Recognising the interdisciplinary nature of the modern legal landscape, this
collaborative strategy attempts to ensure the timely and effective provision of
legal services.
This
paper presents a response to Dan Hunter's inquiry in his thought-provoking
piece, 'The Death of the Legal Profession and The Future of Law,' serving as
the foundation for our essay query. The author envisions that the fate of law
and the legal profession is intricately tied to the mastery of meeting client
expectations. Through extensive research, it becomes evident that technology
emerges as the indisputable game-changer in accomplishing this feat, unveiling
a futuristic landscape where meeting client expectations takes centre stage and
legal services are served on a global platter, accessible to all regardless of
age, status or profession.
[1] Mark Cohen, ‘When Will the Legal
Industry Become Customer-Centric?’ (Forbes,
27 October 2020) < https://www.forbes.com/sites/markcohen1/2020/10/27/when-will-the-legal-industry-become-customer-centric/?sh=7213fb865512> Accessed 14 December 2023.
[2] Dan Hunter, ‘The Death of the
Legal Profession and the Future of Law,’ (2020) 43(4) UNSW Law Journal, pg
1199; Esther Salmer’on –Manzano, ‘Legaltech and Lawtech: Global Perspectives,
Challenges, and Opportunities,’ (2021) 10 (2) UNIR, p 24. The author in this
article draws an interesting distinction between legal technology (Legaltech)
and law-related technology (Lawtech). Lawtech focuses more on the consumer ie
the client as opposed to legaltech which is tailored to fit the needs of law
firms and other legal entities.
[3] Thorne McCarty, ‘Reflections on
Taxman: An Experiment in Artificial Intelligence and Legal Reasoning’ (1977)
90(5) Harvard Law Review, p 83.
[4] Ibarheem Altamimi, Abdullah
Alhumimidi, et.al, ‘Artificial Intelligence (AI) Chatbots in Medicine: A
Supplement, Not a Substitute,’ (2023) 15(6) Cureus.
[5] Megha Shawani, ‘Alternate
Dispute Resolution and Artificial Intelligence; Boom or Bane?’ (2020) 2(1)
LexForti Legal Journal, p 3.
[6] Miles Hamberg, Jacqueline
Nguyen, ‘Rocket Lawyer Vs. LegalZoom: Comparing Business Formation Legal
Services,’ (ForbesAdvisor, 15
September 2023) <https://www.forbes.com/advisor/business/rocketlawyer-vs-legalzoom/#:~:text=LegalZoom%20also%20offers%20other%20useful,included%20in%20the%20monthly%20membership.> Accessed 13 December 2023.
[7] Wabia Nganatha Karugu,
‘Artificial Intelligence and Alternative Dispute Resolution’ (Strathmore Dispute Resolution Centre Blog,
27 January 2020) <https://sdrcentre.wordpress.com/2020/01/27/artificial-intelligence-and-alternative-dispute-resolution/> Accessed 11 December 2023.
[8]Derick H. Lindquist and Ylli
Dautaj, ‘AI in International Arbitration: Need for the Human Touch,’ (2021)
2021(1) Journal for Dispute Resolution, 53.
[9] Susan Leavy, Gender bias in artificial intelligence: the
need for diversity and gender theory in machine learning (1st International
Workshop on Gender Equality in Software Engineering, 2018)<https://www.researchgate.net/publication/326048883_Gender_bias_in_artificial_intelligence_the_need_for_diversi
ty_and_gender_theory_in_machine_learning/link/5bce138aa6fdcc204a001d87/download> Accessed 11 December 2023
[10] Arbitration Act, Cap 49.
[11] Desmond Odhiambo and Christine
Mugenyu, ‘The future of litigation in Kenya: Virtual or hybrid?’ (Cliffe Decker Hofmeyr, 19 October 2021)
< https://www.cliffedekkerhofmeyr.com/en/news/publications/2021/Dispute/dispute-resolution-alert-19-october-the-future-of-litigation-in-kenya-virtual-or-hybrid-.html> Accessed 14 Decemver 2023
[12] Chrisphine Mbugua, ‘Influence of
The Electronic Case Management System (ELCM) on The Effectiveness of Court
Service Delivery: The Case of the Eldoret Court Station, Kenya’ (Masters
Thesis, University of Nairobi 2012)
[13] --‘Service Delivery Charter,’ (KenyaLaw, March 2023) <http://kenyalaw.org/kl/> Accessed 14 December
2023.
[14] Megha Shawani, ‘Alternate
Dispute Resolution and Artificial Intelligence; Boom or Bane?’ (2020) 2(1)
LexForti Legal Journal, 12.
[15] Ibid.
[16] Tom Jackson, ‘iHub, uWakili to
offer Kenyan startups free legal services,’ (DisruptAfrica, 19 July 2016) < https://disrupt-africa.com/2016/07/19/ihub-uwakili-to-offer-kenyan-startups-free-legal-services/> Accessed 12 December 2016.
[17] Find the ESheria Website here: https://esheria.co.ke
[18] Dr. Ronan Kennedy, Algorithms, Big Data and Artificial
Intelligence in the Irish Legal Services Market, (Oireachtas Library and
Research Service, 2021); --, ‘Lawtech and the ‘Digital Divide’,’ (International Future of Law Association)
< https://futureoflawassociation.org/article/lawtech-and-the-digital-divide/> Accessed 14 December 2023.
[19] Natasha Kahungi, ‘The
Culpability of AI in Kenya: An Overview, (2023) 2(2) UNLJ.
[20] Ibrahim Godofa, ‘Artificial
Intelligence and Its Future in Arbitration’ (2020) 4(1) JCMSD, 10.
[21] Megha Shawani, ‘Alternate
Dispute Resolution and Artificial Intelligence; Boom or Bane?’ (2020) 2(1)
LexForti Legal Journal, 10.
[22] Jayanth K Krishnan, ‘Outsourcing
and the Globalizing Legal Profession’ (2007) 48(6) William and Mary
Law
Review 2189; David A Steiger, ‘The Rise of Global Legal Sourcing: How Vendors
and Clients Are Changing Legal Business Models’ (2009) 19(2) Business Law Today
39;
[23] Milton C Jr Regan and Palmer T
Heenan, ‘Supply Chains and Porous Boundaries: The Disaggregation of Legal Services’
(2010) 78(5) Fordham Law Review 2137.
[24] Aesha Datta, ‘Fresh Law Grads
Find Yet Another Avenue in Legal Process Outsourcers’, The Hindu Business Line
(thehindubusinessline, 11 May 2012)
<https://www.thehindubusinessline.com/industry-and-econom/article3408624.ece?ref=w1opinion>Accessed 12 December
2023.
[25] Dan Hunter, (n 2), p 1204.
[26] Bill Henderson, ‘A Summer
Graduate School for E-Discovery’, (The
Legal Whiteboard, 31 May 2013) < https://lawprofessors.typepad.com/legalwhiteboard/2013/05/a-summer-school-for-e-discovery.html> Accessed 12 December 2023
[27] Ibid.
[28] Richard Susskind and Daniel
Susskind, The Future of the Professions:
How Technology Will Transform the Work of Human Experts (Oxford University
Press, 2015).
[29] Neil Hamilton ‘Empirical
Research on the Core Competencies Needed to Practice Law: What Do Clients, New
Lawyers, and Legal Employers Tell Us?’ (2014) 83(3) The Bar Examiner, p 6.
[30] Kristin Gerdy, ‘The Heart of
Lawyering: Clients, Empathy, and Compassion’ (2013) 3 Religious Conviction.
[31] Deborah Vella, ‘Challenging your
ideas about client expectations,’ (2019) 55 AustLII.
[32] Ibid.
[33] Hibah Alessa, ‘The role of
Artificial Intelligence in Online Dispute Resolution: A brief and critical
overview’ (2022) Information & Communications Technology Law, 20.
[34] Lucille Jewel, ‘The Indie Lawyer
of the Future: How New Technology, Cultural Trends, and Market Forces Can
Transform the Solo Practice of Law,’ (2014) 17(3) Science and Technology Law
Review, p 326.
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