Wednesday, September 04, 2024

AI: A Looming Threat to Lawyers' Livelihoods

Los Angeles, CA— In the 1980s, divorce lawyers faced a significant challenge when court clerks began assisting couples in navigating their divorces without legal representation. Though the process was somewhat rudimentary, many couples found satisfaction in bypassing attorney fees, paying only the necessary filing costs. This trend soon expanded, with do-it-yourself kits for divorce, wills, and bankruptcy becoming widely available.

Today, a much larger disruption has arrived—AI. With the advent of AI, legal complaints, answers, motions, briefs, discovery, and other essential court documents can now be expertly prepared, advocating effectively for individuals and entities alike. These documents are being generated with precision, citing the latest and most complex case law, complete with accurate footnotes.


Moreover, oral arguments can now be drafted by AI, allowing litigants to read them directly in court. This technology could even empower jailhouse lawyers to elevate their cases, eventually seeking review at the Supreme Court.


However, there are still limits to what AI can accomplish. Most legal matters are resolved not in the courtroom but through negotiations, conducted over the phone or in courthouse hallways. While AI can provide sound advice, it falls short in delivering the showmanship and oratory skills that remain crucial in the legal profession.


One consequence of AI's rise is the potential flood of nuisance litigation in courts, as clever litigants take advantage of the technology to challenge the system in unforeseen ways. 


The landmark 1963 case, Gideon v. Wainwright, which guaranteed state-provided legal representation for indigent criminal defendants, may also see revisions, with taxpayer funds potentially redirected to additionally provide AI tools. 


There’s an old saying that anyone who represents themselves in court has a fool for a client. In the near future, that might not hold true anymore.


On a related note, many lawyers today express dissatisfaction with their profession, with many transitioning to more fulfilling careers. If I were a lawyer right now, I would be considering a career change, as the future of the legal profession seems increasingly uncertain.

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