Exploring the Transformative Nexus of Technology, Globalization and Client Expectation on the Legal System

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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.



By Natasha Wanjiku Kahungi - Editor In Chief, University of Nairobi Law Journal. 

[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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