The legal tech revolution: Generative AI takes the stand

1. It is no secret that Generative Artificial Intelligence (Gen AI) is, as Prime Minister Mr Lawrence Wong¹ rightfully expressed, "once-in-a-generation technology… that touches every industry and aspect of life". Given its high potential, it was only a matter of time before Gen AI eventually started playing a role in the legal industry.
2. On 23 September 2024, the Singapore Courts released a "Guide on the use of Generative Artificial Intelligence Tools by Court Users"². In summary, this guide sets out the general principles and guidelines in relation to the use of Gen AI tools in Court proceedings, applicable to any person who is involved in a Court case, such as prosecutors, lawyers, self-represented individuals or witnesses.
3. As this article will highlight, there are various outcomes, both advantageous and disadvantageous, when it comes to the utilisation of Gen AI in the legal industry. However, while Gen AI has been promising in multiple aspects, there are still some limitations to Gen AI that should be noted. Ultimately, Gen AI must be utilised and managed in a way that ensures the integrity and justice of the law is not compromised.

How do Gen AI tools work?

1. Briefly, Gen AI tools are programmed to accept prompts from the user and to generate an output or an answer based on what they have been trained on and the information provided by the user. This typically results in an output that is specially tailored to the user's initial prompt.³

How can Gen AI help me?

1. The legal industry is a prime example of the adage "time is money". A legal professional's time is valuable and having tools to simplify any step in Court processes can not only save time, but also reduce costs for clients. This is exactly why Gen AI tools can play a big role in the legal industry.

Increasing efficiency

1. A time-consuming and unavoidable area of any lawyer's job is research. In this regard, the latest Gen AI tools like Casetext⁴ and Deepjudge⁵ serve as a good starting point, cutting down on the amount of time needed to review case laws and precedents or to sieve through voluminous documents, especially with features like AI-powered search functions that can find accurate, content-focused results. Furthermore, Gen AI tools may even be used in producing first-cut drafts of contracts and reviewing of legal documents.
2. Apart from these contemporary platforms, one example of how Gen AI has been adopted by existing legal platforms is that of LawNet⁶. The latest and refreshed version of LawNet features AI-generated case summaries for more than 15,000 Singapore unreported judgments and even tribunal decisions. This will undoubtedly be a significant boost in efficiency to legal research for its users.

A "soundboard" for lawyers

1. Another benefit of Gen AI tools is that may be used to assist a lawyer through cross-checking and identifying loopholes in one's case. Gen AI tools may provide different points or angles for a lawyer's consideration, it may raise issues or points a lawyer may not have thought about from a different or opposing perspective. An example of such a tool is LawDroid⁷, which is an AI legal assistant that has multiple functions, including document generation and ideation. This would ensure that various aspects or angles of the case are covered, thereby strengthening one's case, which ultimately is in the client's best interests.

Improving access to justice

1. Aside from streamlining research or document review process for legal professionals, Gen AI tools also make the law much more accessible, therefore enhancing access to justice. This is made possible when legal knowledge is recorded and learned by the AI, and frequently asked questions may be readily answered by Gen AI. Some tools that are working towards such a feature include Harvey⁸, a law-focused AI chatbot, and SCOTT⁹, promoted as "your litigation research assistant".
2. Such tools may be beneficial for non-legal individuals by providing simplified explanations on different areas of law. Another unique feature of Gen AI is its predictive analysis ability. With Gen AI, these bots are able to read and process data, in order to derive data-driven conclusions and even provide legal forecasts on a case. An example of a novel tool with this function is Ex Parte¹⁰, which aims to apply artificial intelligence, machine learning, and natural language processing to provide specific insights for each case. Such a tool could provide clients with a preliminary yet realistic expectation on their potential success for a case. This in turn allows clients to make more informed decisions and decide on their next course of action such as going for mediation or taking the matter to trial. At the same time, such predictive analysis tools would also draw out frivolous claims, and could lead to cost savings both on the lawyer's and client's end.

Too good to be true?

1. Despite the advantages that Gen AI tools can bring to the legal industry, it is still far from becoming the perfect solution.

Security concerns

1. The security of any Gen AI tool's database may be uncertain, unless sufficient safeguards are put in place. This could lead to confidential data being leaked if the database or programming system is hacked, leading to privacy concerns or breaches. Additionally, there is the possibility that Gen AI powered platforms could be hijacked by scammers to provide prompts in an attempt to gain access to personal information of unknowing users. There are many possible ways Gen AI may be abused by scammers¹¹, and such issues are exacerbated in the context of law given especially if matters of sensitive or confidential nature are leaked or fall into the wrong hands. Therefore, if Gen AI tools are carelessly used, this may give rise to further security issues instead.

Gen AI is not always intelligent

1. While Gen AI can generate quick answers, another potential issue is the potential unreliability of AI-generated content. The data that Gen AI tools have access to may not always be the most updated, resulting in inaccurate or incomplete responses being produced. Given that Gen AI tools are developed to process patterns and depending on the amount of information fed to it, the tools may or may not always produce factually correct or coherent answers, or at times even reflect biases based on the information it has received.
2. A real-life example is when a US lawyer, naively used ChatGPT to cite six previous judicial decisions to support his case.¹² It was later found that all the cases cited were unfortunately non-existent. This is far from surprising, as Gen AI platforms have the ability to generate false information with its present knowledge, arising from multiple rounds of programming and "training".

Intellectual property rights

1. Finally, a commonly overlooked issue is that of the infringement of intellectual property rights when Gen AI tools are being used. It is understandable that with the convenience that Gen AI tools bring, it is possible that a user may fail to ensure that proper source attribution is provided. Such infringements, while seemingly small enough to be overlooked, may end up carrying heavy consequences, especially if users cite and employ AI-generated content without fact-checking.
2. The recent circular released by the Singapore Courts clearly state that there will be consequences if users breach these guidelines or misuse Gen AI in court proceedings. These include adverse costs consequences, disciplinary action and other remedial actions. By having such measures in place, this ensures the fair and mindful usage of Gen AI tools in court proceedings, and that users do not misapply Gen AI information and tools inappropriately.

The way forward

1. There is no doubt that Gen AI has great potential, and if harnessed properly, can completely change the way legal professionals work and for non-legal users to utilise. While Gen AI tools do not completely eradicate a lawyer's work, it could serve as a starting point and even reduce the overall time a lawyer would have spent on menial or research-intensive tasks. The legal industry should continue to embrace and maximise the use of Gen AI technology as much as possible, without compromising on integrity, reliability and the quality of information.
2. The usage of Gen AI tools should not be forsaken or discredited simply due to its current limitations, so long as users are cognisant and exercise discretion when utilising these platforms. At the end of the day, it remains imperative for any legal professional or user to ensure the integrity, completeness and accuracy of any work or information obtained from an artificial intelligence platform.

Dentons Rodyk thanks and acknowledges Intern Shanice Tan for her contributions to this article.

1. https://www.pmo.gov.sg/Newsroom/PM-Lawrence-Wong-at-the-Launch-of-Smart-Nation↩
2. https://www.judiciary.gov.sg/news-and-resources/registrar's-circulars.↩
3. https://www.judiciary.gov.sg/docs/default-source/circulars/2024/registrar's_circular_no_1_2024_family_justice_courts.pdf?sfvrsn=d0e5ad96_1 ↩
4. https://casetext.com/↩
5. https://www.deepjudge.ai/↩
6. https://www.lawnet.sg/lawnet/web/lawnet↩
7. https://lawdroid.com/ ↩
8. https://www.harvey.ai/ ↩
9. https://scott.intelllex.com/ ↩
10. https://exparte.com/Info/About ↩
11. https://www.okta.com/sg/blog/2024/01/how-cybercriminals-are-using-gen-ai-to-scale-their-scams/ ↩
12. https://www.pwc.com/gx/en/about/pwc-asia-pacific/are-you-using-ai-yet-how-lawyers-can-use-it-to-their-advantage.html↩

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