By Dr. Sulaiman Usman, SAN, FICMC, FIMC, CMC, FNARC, FCIML, FAIET.
(D.L, LL. B (HONS), PG Cert (TEXAS), LL.M (LIVERPOOL), LL.M (QMUL), PhD, (PNH), B.L
Notary Public and Life Bencher
Founding Partner, Gamzaki Law Chambers
Being the text of the paper presented at the First Virtual International Conference organised by Iconic Open University, Nigeria in collaboration with Sokoto State University and partnership with the Ministry of Innovation and Digital Economy. Sokoto State held on Sunday, 18th February, 2024.
ABSTRACT:
As technological advancements in the 4th Industrial Revolution continue to transform various sectors, the legal industry is experiencing a paradigm shift due to the rising implementation of artificial intelligence (AI) systems. Artificial intelligence (AI) has become increasingly prominent in the provision of legal services, offering new opportunities and trends that are reshaping the legal landscape. By leveraging AI technology, legal professionals can streamline various processes and tasks, leading to increased efficiency and accuracy. This paper aims to explore the theory, context, opportunities, and trends surrounding AI’s role in the provision of legal services and justice delivery in Nigeria bringing numerous benefits such as improved efficiency, reduced costs, enhanced accuracy, and increased accessibility.
OVERVIEW
Artificial Intelligence (AI) refers to computer systems, programs, and machines that can perform tasks that normally require human intelligence. These tasks include studying, analysis, problem-solving, recognizing natural language, speech detection, and visual perception. AI technologies aim to mimic human cognitive functions, enabling machines to adapt and improve their performance over time. Machine learning, neural networks, and deep learning are common approaches within the field of artificial intelligence. AI has applications in various industries, such as healthcare, finance, robotics, legal services, and more.
With new opportunities and trends that are changing the legal environment, artificial intelligence (AI) has grown more and more prevalent in the provision of legal services. Legal practitioners can boost efficiency and accuracy by streamlining numerous duties and processes with the help of AI technology. Artificial intelligence (AI) algorithms are used in the legal industry to evaluate massive volumes of legal data and offer insightful analyses, forecasts, and suggestions. This capability has the potential to enhance efficiency, accuracy, and cost-effectiveness in legal services.
Many sectors make use of artificial intelligence and machine learning (AI/ML) technologies, tools, and apps such as chatbots, recommender systems, neural networks, Siri, IBM Watson, and Alexa or machine learning algorithms. Because of risk aversion and conservatism, the legal service industry, often referred to as the legal service sector and/or the legal profession, has historically been slow to accept new technologies.
Legal services depend on the finer points of language, such as disagreements and punctuation, as well as on the ability of lawyers, judges, clients, witnesses, and even juries to react spontaneously to issues that arise during trials in real-time. This contrasts with other industries where it is easier to adapt new technologies that perform functions requiring human intelligence. Notably, each case has its distinct facts and circumstances, and legal drafting is distinct in how it employs Latin maxims and legalese.
THEORY AND CONTEXT:
The theory behind AI in legal services revolves around the idea of automating routine and repetitive tasks typically handled by lawyers or legal professionals. By utilizing machine learning algorithms and natural language processing, AI systems can analyze vast amounts of legal data, extract relevant information, and provide insights to support legal decision-making. Moreover, until recently lawyers thought they had nothing to fear from the digital revolution because they thought that legal practice is a “Craftsman kind of work with each case having peculiar facts and distinct parties and hence cannot be handled by robots using Software. But the situation has now changed.
In his book “Tomorrow’s Lawyer: An Introduction to Your Future,” internationally known legal innovation specialist Richard Susskind outlined three factors that will have an impact on the legal services sector. These include
1. Technology
2. Deregulatory
3. Market Shifts
Corporate organizations’ legal departments have seen budget cuts and staff reductions as a result of the digital transformation brought about by ChatGPT, Artificial Intelligence, and data science. This is because legal answers are now accessible online and in real time, thanks to technology.
Software that is commonly used to perform legal research, obtain views, and learn the legal stance on topics includes Opera, Firefox, Google, and search engines. One can also obtain legal knowledge on related topics on online platforms like WhatsApp groups.
DEREGULATION
Before the emergence of the fourth industrial revolution and information technology, only solicitors who were permitted by law to practice law offered their customers legal services like advice and court representation.
Legal IT companies such as Law Pavilion in Nigeria were founded even by non-lawyers. For example, the founders of Silicon Valley’s Yahoo, Google, and Facebook, which provide access to legal information and instruction, are not attorneys or librarians. Likewise, Booking.com and Uber were not founded by seasoned professionals from the travel and hospitality sector. Due to the digitization and automation of legal information, legal advice, opinions, and information can now be bought like a commodity. These days, clients are content to pay solicitors little to nothing for specific legal services.
However, AI/ML has upended the legal services sector by changing the way legal services are provided. Additionally, creative applications of AI technologies are changing the business models of law firms, which has increased their productivity and competitiveness. For instance, in matters relating to contract review, due diligence, legal research, and e-discovery, where large volumes of data must be handled, it is imperative to leverage technological solutions of artificial intelligence (AI) to enhance efficiency and accuracy and reduce human error. Furthermore, AI can help with document automation, legal analysis, and case outcome prediction.
Nigeria is the largest democracy in Africa and has a robust legal service industry that is based on common law. Judges run the court to administer criminal and civil justice while lawyers from both public and private bars plead the cases of litigants. Government lawyers prosecute criminal cases while private lawyers practice through their law firms as solicitors and advocates. Justice delivery and provision of legal services are therefore integral to the development of any society. Prompt and equitable delivery of justice and legal services are necessary for peace, progress, and development.
The provision of legal services by Lawyers and dispensation of justice by the Courts of Law in Nigeria is characterized by problems and bottlenecks, especially technicalities and delays occasioned by a large backlog of cases, limited access to justice for marginalized populations, lack of transparency, and high legal fees. These challenges contribute to the slow and costly justice delivery process in the country The use of Artificial intelligence technologies and machine learning algorithms will indubitably revolutionize the way legal practice both in terms of access to Justice and the provision of legal services. AI can provide solutions to these issues by streamlining processes, enhancing decision-making, expanding access to legal information, and reducing costs.
Legal service involves tedious reading of large volumes of documents, preparation of answers to legal questions, preparation and drafting of legal documents, and drafting of pleadings. Lawyers and Judges still write in the long hand during legal proceedings and conduct legal research as well as legal drafting and process review of a lot of documents which normally causes a lot of stress and delay in the provision of legal services and access to Justice.
OPPORTUNITIES AND TRENDS:
There are numerous benefits of using AI in legal services. First, it frees up time and energy for legal professionals to concentrate on more difficult and strategic assignments. Artificial intelligence (AI) systems can swiftly examine and evaluate contracts, spot possible risks or non-compliance problems, and offer advice. Additionally, AI-driven chatbots and virtual assistants can communicate with clients, responding to their inquiries about the law, giving them general legal assistance, and advising them on procedural matters. This makes it possible for individuals to get legal help affordably and conveniently.
Legal services’ use of AI is being shaped by several factors. The use of AI-powered legal research tools is one important trend. With the use of these technologies, attorneys can do quicker and more precise legal research by looking up and evaluating legislation, case law, and legal databases. The creation of AI technologies especially for contract management is another trend. These technologies can even generate draft contracts based on specified templates and automatically extract important provisions and potential dangers.
In addition, AI models that can forecast legal decisions are being developed using machine learning and natural language processing techniques. These models can offer insights into the possibility of success or failure in legal contexts by examining past case data. Lawyers and judges can have the tools they need to level the playing field, make the practice of law less tasking, smarter, and more efficient, and produce amazing outcomes with the help of AI/ML products, applications, and software. These AI tools consist of:
LEGAL AI CHATBOTS AND MESSAGING APPS
Legal AI chatbots and messaging apps can enhance client interactions, improve operational efficiency, provide immediate support, and offer personalized services in the legal industry. According to Goldman Sachs, 44% of legal tasks can be automated using generative AI, and machine learning models like Chat GPT-4. This automation could lead to increased efficiency and cost savings for law firms, allowing lawyers to focus on more complex and strategic work. By leveraging AI technology in chatbots, law firms can streamline their processes, engage with clients effectively, and deliver value-added services to meet the evolving needs of today’s legal marketplace. Some of the common uses of legal chatbots and messaging apps include:
1. Client intake and initial consultations Legal chatbots can assist law firms in collecting basic information from potential clients, such as their legal issue, contact details, and other relevant information. This can streamline the client intake process and help lawyers assess the suitability of a potential case.
2. FAQs and general inquiries: Legal chatbots can be programmed to answer commonly asked questions about legal services, practice areas, fees, and other relevant topics. This can help clients get quick answers to their queries and alleviate the burden on law firm staff from repeatedly addressing the same questions.
3. Appointment scheduling: Legal chatbots can facilitate the scheduling of appointments with lawyers, allowing clients to book meetings at their convenience without the need for phone calls or emails. This can help improve the efficiency of law firm operations and enhance client satisfaction.
4. Legal document assistance: Legal chatbots can provide guidance and support in drafting legal documents such as contracts, agreements, and forms. By asking users a series of questions and generating customized documents based on their responses, legal chatbots can simplify the document creation process for clients.
5. Legal research assistance: Legal chatbots can assist lawyers in conducting legal research by searching databases, case law, statutes, and other sources to retrieve relevant information and insights. This can save time and resources for legal professionals and help them make informed decisions in their cases.
6. Automated notifications and updates: Legal chatbots can send automated notifications and updates to clients regarding the status of their cases, court dates, deadlines, and other important information. This can help improve communication and keep clients informed throughout the legal process.
7. Dispute resolution and mediation: Legal chatbots can facilitate online dispute resolution and mediation by guiding parties through the negotiation process, helping them reach mutually agreeable solutions, and reducing the need for formal legal proceedings.
TECHNOLOGY ASSISTED REVIEW (TAR)
Technology Assisted Review (TAR) is a powerful predictive coding tool used in legal services to streamline the document review process. TAR leverages artificial intelligence algorithms to identify relevant documents quickly and accurately within large datasets, saving time and reducing costs for law firms.
By using TAR, legal professionals can improve the efficiency of their relevance to the case. This helps lawyers focus their attention on the most important TAR can help ensure consistency and accuracy in document review by minimizing human error and bias feedback and continuously improving its performance, resulting, in the use of Technology Assisted Review is conducted, making it faster, more cost-effective, and ultimately improving the quality of legal work.
DECISION TREES
Decision trees are a popular tool in artificial intelligence and machine learning in legal services used for predictive analytics, risk assessment, legal research, and document management, helping to streamline processes, improve decision-making, and enhance the overall efficiency of legal workflows. Some of the ways decision trees can be applied in legal services:
1. Case Prediction: Decision trees can be used to predict the possible outcome of legal cases based on historical data and case characteristics. Legal professionals can input relevant variables such as case facts, precedents, and relevant laws into a decision tree algorithm to assess the likelihood of success or potential outcomes of a case.
2. Risk Assessment: Decision trees can assist in evaluating and quantifying risks associated with legal matters, such as contract disputes, regulatory compliance, or potential liabilities. By analyzing various factors and possible scenarios, decision trees can help in identifying and prioritizing potential risks in legal matters.
3. Legal Research: Decision trees can aid in legal research by organizing complex legal reasoning and principles into a structured format. Legal professionals can use decision trees to visualize and comprehend the interrelationship between legal concepts, statutes, regulations, and case law.
4. Document Review and Management: Decision trees can assist in categorizing and organizing large volumes of legal documents during the e-discovery process. By using decision trees, legal professionals can create rules to automatically classify and sort documents based on their relevance to a case, reducing the time and resources required for manual document review.
VOICE RECOGNITION TECHNOLOGY
Voice recognition technology is increasingly being utilized in legal services to improve efficiency and productivity. Here are some ways in which voice recognition is being utilized in the legal industry:
1. Dictation and Transcription: Legal professionals can use voice recognition software to dictate legal documents, letters, memos, and other written materials, which are then transcribed into text. This streamlines the documentation process and allows lawyers to dictate their thoughts and notes on the go.
2. Legal Research: Voice recognition can be employed for conducting legal research by allowing lawyers to vocally search through legal databases and documents, making it easier to access relevant case law, statutes, and regulations during the research process.
3. Document Review and Analysis: Voice recognition technology can be utilized for reviewing and analyzing legal documents by converting spoken words into text for easier document review, analysis, and categorization.
4. Time Tracking and Billing: Legal professionals can use voice recognition tools to track their billable hours and create time entries for various tasks, making it easier to record and bill for their work.
5. Accessibility for Disability Accommodation: Voice recognition technology can help provide accessibility for legal professionals with disabilities, allowing them to perform tasks such as drafting documents, conducting research, and communicating more effectively.
ELECTRONIC DISCOVERY
There are several AI-powered electronic discovery (eDiscovery) applications that can be used by lawyers in legal services to streamline the document review process, enhance efficiency, and improve accuracy. Some of the popular AI eDiscovery applications include:
1. Relativity: Relativity is one of the leading eDiscovery platforms that leverages AI technology to assist legal professionals in document review, analysis, and case management. It offers features such as predictive coding, email threading, and text analytics to expedite the review process and identify relevant information.
2. Catalyst Insight: Catalyst Insight is an AI-powered eDiscovery platform that uses advanced analytics and machine learning algorithms to automate the document review process. It offers features such as technology-assisted review (TAR), concept clustering, and predictive coding to reduce the time and cost associated with document review.
3. Everlaw: Everlaw is a cloud-based eDiscovery platform that integrates AI technology to streamline legal workflows, improve document search capabilities, and enhance collaboration among legal teams. Its features include predictive coding, visual analytics, and data visualization tools to simplify the eDiscovery process.
4. Logikcull: Logikcull is a cloud-based eDiscovery platform that incorporates AI technology to automate the document review process, eliminate irrelevant documents, and identify key information quickly. It offers features such as bulk tagging, concept search, and predictive coding to expedite case review and analysis.
5. Exterro: Exterro is an eDiscovery and legal workflow management platform that utilizes AI technology to enhance document review, compliance management, and litigation support. It provides features such as data mapping, legal hold management, and custodian tracking to streamline eDiscovery processes and improve case outcomes.
LEGAL RESEARCH AND ANALYSIS
Legal research is one of the main uses of AI in the legal field. To create legal arguments and reach well-informed conclusions, legal experts have historically had to invest a great deal of time and energy in painstakingly examining voluminous legal texts, precedents, and case laws. However, lawyers can perform legal research more effectively and efficiently with the use of AI-powered platforms and tools. Large amounts of legal data can be swiftly scanned and understood, and relevant decided cases can be provided by AI algorithms.
With NLP technology, pertinent statutes and case laws can be quickly found during legal research. You can utilise a knowledgeable attorney like Ross for legal research. Ross sprints across the clouds. In addition to the Robot Lawyer, a legal research tool that can perform legal analytics and locate relevant case law to bolster a claim, University College London scientists have also built an artificial intelligence judge that can forecast trial outcomes. Another AI system that can grasp natural language is IBM Watson.
SOLICITORS TOOLKIT
Online access to court forms, agreements, mail, and other documents is available here. Software for legal research might be used for web search, and speech recognition and chatbots could be used to create an app.
AUTOMATED ONLINE LIBRARY
Instead of the current process, which takes weeks to produce legal advice or opinions, legal research will be made frictionless, online, and in real-time, with findings sent in seconds. A search engine with AI voice search functions, similar to those of Google or Apple Siri, may be developed.
LAND AND PROPERTY BUSINESSES
Due to the high cost and time involved in determining title, transactions, and economic activity are delayed. Bank funding requires security, which is typically provided by the construction of mortgages or the deposit of land title documents. For a land transaction to be completed, the title must be confirmed to be clear of any encumbrances or legal charges.
MARKET SIZE
According to UN estimates, four billion people worldwide lack access to the rule of law. Seventy percent of people do not legally own their property, according to the World Bank. Due to the usage of AI and ML technologies, the legal industry services market is expected to reach over $1 billion in 2018. Litigation accounted for USD 194.50 million of that value in 2018. With more than 170,000 lawyers registered to practice as barristers and solicitors, Nigeria has a sizable legal services sector.
Over 20,000 law firms practice law daily. These leading law firms were founded by over 528 Senior Advocates of Nigeria and cover all areas of the law, including litigation, arbitration, banking, and financial services regulation, breach of warranty, broadcasting rights, civil fraud, commercial contracts, company and insolvency, employment and labor law, criminal law and practice, election petitions, energy (including oil and gas), electricity law, human rights, information and Insurance and Reinsurance, Trademarks, Patents, Designs, and Intellectual Property Law, among other things..
COMPETITION
LAW PRACTICE COMPETITION
With the help of AI tools and solutions, small law firms can level the playing field, compete with larger legal firms, and ensure the survival of their business (West Law Edge uses a solution called Quick Check that has AI capabilities for legal research). AI empowers attorneys to provide clients with strong, affordable results. Small law firms can now more effectively compete with larger law firms thanks to AI/ML technologies, which has an impact on the legal services industry.
LAW PRACTICE COMPETITION
With the help of AI tools and solutions, small law firms can level the playing field, compete with larger legal firms, and ensure the survival of their business (West Law Edge uses a solution called Quick Check that has AI capabilities for legal research). AI empowers attorneys to provide clients with strong, affordable results. Small law firms can now more effectively compete with larger law firms thanks to AI/ML technologies, which has an impact on the legal services industry.
Artificial intelligence has disrupted the global economy, commerce, and education and is having an impact on the delivery of legal services and justice. We have centrally managed cross-border teams and single responsible country contacts. Attorneys need to apply their critical thinking skills to address the disruption that legal technology is causing in the legal services sector, as well as in other industries including libraries, education, media, film, photography, and music. The delivery of legal services has been impacted by legal software. To ensure that legal tech and transformation do not make them obsolete, attorneys must reconsider their profession and adjust.
Various AI trends are emerging in the legal sector in Nigeria. Some notable trends include:
1. Legal Tech Startups: Several legal tech startups in Nigeria are leveraging AI to provide online legal services, document automation, and virtual legal assistance.
2. Remote Court Proceedings: With the ongoing COVID-19 pandemic, the Nigerian judiciary has started adopting technology for remote court proceedings. This trend is likely to continue and expand, utilizing AI solutions for case management and virtual hearings.
3. Ethical Considerations: The introduction of AI in legal services raises ethical concerns such as data privacy, bias in algorithms, and the role of AI in decision-making. The legal community needs to address these concerns to ensure that AI is used responsibly and ethically.
CONCLUSION
There are many advantages to using AI in legal services, including expanded accessibility, lower costs, increased efficiency, and improved accuracy. It is anticipated that as AI technology develops, it will play a bigger part in the legal industry, changing the practice of law and the way legal services are provided.
Indeed, Artificial Intelligence has disrupted the world economy, commerce, and education and impacting on the provision of legal services and justice delivery. Lawyers must put their thinking Cap to grapple with the disruption caused by legal tech in the legal services industry just like in libraries, education, Media Film, and Photography as well as Music among others. Legal Software has disrupted the provision of legal services. Lawyers must rethink legal practice and adapt so that legal tech and transformation will not render them redundant.
The integration of Artificial Intelligence (AI) has the potential to revolutionize legal services and justice delivery in Nigeria has the potential to enhance efficiency, reduce costs, and improve access to justice. AI can assist in legal research, document review, and case analysis, streamlining processes for legal professionals. By leveraging AI tools and technologies, the legal system can become more efficient, accessible, and affordable to citizens.
However, challenges such as data privacy, ethical considerations, and the need for regulatory frameworks should be addressed to ensure responsible AI adoption in the legal sector. The problem of regulating AI by law is a unique one because by its very nature AI technology consists of both software and hardware, we recommend that AI should be given a distinct legal personality just like a company in the case of Salomon V. A. Salomon & Co. (1897). For the solution of issues of intellectual property bias status data privacy to establish the necessary foundation for AI to exist and function and enjoy the limited liability privilege ex-hypothesi. The ongoing trend indicates a gradual but promising evolution towards a more technologically advanced legal landscape in Nigeria.