Unless you are Rip Van Winkle waking from a long nap, you have heard about AI (Artificial Intelligence), but what about a paralegal AI?
If you are like me, the thought of AI conjures images of movies such as “I, Robot” and “War Games” or thoughts of robots that run amok or an entire workforce replaced by robots.
Before panic sets in and we all start looking for new careers, let’s explore AI in the legal profession, its advantages and disadvantages, the importance of human oversight in AI usage, the prospects of AI in the legal field, and the future of paralegal AI.
The history of AI
Artificial intelligence, or AI, is technology that enables computers and machines to simulate human intelligence and problem-solving capabilities.
Although much as been made over the last couple of years with the introduction of ChatGPT2, AI is not a new concept having first been introduced in 1952 when two scientists Marvin Minsky and Dean Edmonds developed the first artificial neural network.
Sixty years later, IBM’s Watson, a computer capable of answering questions posed in natural language, competed on “Jeopardy!” against champions Brad Rutter and Ken Jennings, defeating both.
Twelve years later, ChatGPT was released. ChatGPT is a chatbot that uses natural language processing to create humanlike conversational dialogue.
The language model can respond to questions and compose various written content, including articles, social media posts, essays, code, and emails.
AI in the legal profession
Technology, in general, has been prevalent in the legal industry since the early 1960’s when basic research tools were developed.
With new technology comes fear – the fear of how it will affect me as a paralegal – will I be replaced by a computer and just like that computer will I become obsolete?
Technology has never replaced the paralegal, instead technology has enhanced the paralegal position by streamlining tasks, increasing productivity, and improving efficiency.
Generative AI is not brand new to the legal profession, as AI-based tools have been used in the legal profession for years in tools such as major legal research platforms and e-discovery platforms.
With each new advancement (computers, internet, online research) comes the fear of the unknown. Yet, paralegals remain an integral and valued member of the legal community.
The American Bar Association’s 2023 Artificial Intelligence (AI) TechReport4, addressed the concerns of generative AI-based tools powered by large language models, replacing paraprofessionals, the ABA Task Force Law and Artificial Intelligence webinar entitled The Implications for Generative AI on Legal Education, Suffolk Law School Dean Andrew Perlman opined, citing the recent article he authored with the assistance of AI, that lawyers should use the technology to enhance their work and to efficiently provide legal services.
Yet he cautioned that legal professionals should not relinquish their professional responsibility to AI by adopting AI-produced content without reviewing every word.”
According to the American Bar Associations 2023 Technology Survey5:
| NUMBER OF ATTORNEYS | |||||||
| Total | Solo | 2-9 | 10-49 | 50-99 | 100-499 | 500 or more | |
| Currently using AI-based technology tools | 10.9% | 10.4% | 9.2% | 11.3% | 3.6% | 10.6% | 21.4% |
| Seriously considering purchasing AI-based technology tools | 9.8% | 4.2% | 11.5% | 10.3% | 17.9% | 6.4% | 14.3% |
| Not interested in purchasing AI-based technology tools | 20.5% | 31.3% | 28.5% | 15.5% | 10.7% | 4.3% | 7.1% |
| Don’t know | 27.5% | 8.3% | 13.1% | 38.2% | 39.3% | 63.8% | 42.9% |
| I Don’t yet know enough about AI to answer this question | 31.3% | 45.8% | 37.3% | 24.7% | 28.5% | 14.9% | 14.3% |
| Count | 440 | 96 | 130 | 97 | 28 | 47 | 42 |
In the same ABA 2023 Technology Survey, attorneys were asked what they saw as the most important benefit that AI-based technology tools could provide:
| NUMBER OF ATTORNEYS | |||||||
| Total | Solo | 2-9 | 10-49 | 50-99 | 100-499 | 500 or more | |
| Saving time/increasing efficiency | 44.3% | 35.8% | 41.9% | 47.4% | 60.6% | 46.8% | 50.0% |
| Document management/document review | 8.3% | 3.2% | 7.8% | 7.2% | 14.3% | 10.6% | 17.5% |
| Reducing costs | 3.0% | 1.1% | 4.7% | 4.1% | – | 4.3% | – |
| Predicting outcomes/reducing risk | 3.0% | 4.2% | 3.9% | 3.1% | – | 2.1% | – |
| Quality assurance | 1.6% | 2.1% | 0.8% | 2.1% | 3.6% | 2.1% | – |
| No benefits | 4.8% | 9.5% | 5.4% | 3.1% | – | 4.3% | – |
| Other | 0.7% | 1.1% | 0.8% | – | 3.6% | – | – |
| Don’t know | 9.6% | 10.5% | 6.2% | 10.3% | 3.6% | 12.8% | 17.5% |
| I don’t know enough about AI to answer the question | 24.7% | 32.5% | 28.5% | 22.7% | 14.3% | 17.0% | 15.0% |
| Count | 436 | 95 | 129 | 97 | 28 | 47 | 40 |
While we don’t know what the “other” is in the above table, the good news is that it does not appear that attorneys are looking to replace paralegals, instead attorneys are looking to save time and increase efficiency. As paralegals, that is our goal as well.
Advantages vs. disadvantages of paralegal AI
Advantages
- Time and cost savings
- AI can quickly analyze vast volumes of legal documents, expedite legal research, and draft and manage contracts.
- Enhanced efficiency through automation
- Automating repetitive tasks and streamlining legal research and document review will free the paralegal up for more complex tasks. No paralegal ever has said she/he does not have enough work. On the contrary, paralegals have always faced issues with having enough time to complete tasks.
- Improved accuracy and precision
- AI’s ability to process large amounts of data swiftly minimizes the chances of human error.
Disadvantages
- Limited contextual understanding
- AI excels at processing data but can struggle with understanding complex legal concepts and nuances, which could result in inaccuracies or misinterpretation of legal information.
- Ethical considerations
- Ethical considerations, including privacy, data protection, and transparency are a concern when using AI and it is crucial to address these concerns to protect client information.
- Bias
- Facial recognition software has faced criticism for potential biases. Scientists from MIT found that a language model thinks that “flight attendant,” “secretary,” and “physician’s assistant” are feminine jobs, while “fisherman,” “lawyer,” and “judge” are masculine.6
- Loss of human interaction
- Personal interaction with the client is a vital aspect of legal representation. AI lacks the human touch and personalized advice that clients seek and need during emotional and complex legal matters.
Will AI replace paralegals?
Before answering this question, we first should consider what tasks paralegals perform. Under California Business and Professions Code section 6450, subdivision (a), tasks performed by a paralegal include, but are not limited to,
- Case planning, development, and management
- AI case management programs can keep track of all the cases in a single place and track case status, deadlines, billables, and client communications. Paralegals will always be needed to control the system, review and validate the outputs, and ensure legal and ethical obligations are met.
- Legal research
- AI-assisted legal research programs speed up the legal research process by giving solid answers to legal research inquiries. AI can draw connections across case law, enhancing legal research. What AI can do is rapidly scan vast amounts of data, but what it cannot do is interpret the data in a way that is both contextually and situationally relevant. Paralegals not only understand the data but also how it applies specifically to a client’s case.
- Interviewing clients
- While many case management programs have the ability to automate intake forms for new clients, AI lacks the human experience and human feelings. AI is analytical. Paralegals often are the client’s daily line of communication, handling sensitive and personal information. Paralegals provide the human element that is so important to the practice of law.
- Fact gathering and retrieving information.
- AI works with the information it is given. AI can search for information and documents across the entire case, eliminating the need for paralegals to spend countless hours looking for the same information; AI tools are only as good as the data that goes in. You know what they say – GIGO.
- Drafting and analyzing legal documents
- AI can assist in creating first drafts of legal documents by pre-populating data from the case file and slashing the time needed to identify and review critical documents in a case. AI can also summarize documents such as depositions, transcripts, and other complex documents. Paralegals will still need to review the documents and verify the citations before submitting the document to the attorney for final review. No one wants to end up like the New York attorney who submitted a legal brief generated by AI with made-up case citations.
While AI certainly is able to revolutionize legal work by handling tedious, time-consuming, repetitive tasks, the skills, knowledge, and human expertise paralegals bring to the legal profession cannot be replaced
What paralegals can do better than AI
Paralegals possess several skills and abilities that currently exceed the capabilities of AI in the legal field. Here are some key areas where paralegals excel:
- Legal research and analysis: Paralegals are adept at conducting in-depth legal research, which involves not only finding relevant cases and statutes but also understanding the context and implications of legal decisions. They can interpret the nuances of legal language and apply it to specific cases or situations.
- Complex problem-solving: AI may struggle with novel or complex legal issues that require creative problem-solving and critical thinking skills. Paralegals can navigate grey areas in the law, weigh various legal arguments, and suggest strategies based on their understanding of legal principles.
- Client interaction and communication: Paralegals often serve as a bridge between clients and attorneys. They excel in empathetic communication, understanding client needs, and explaining legal processes in a clear and understandable manner. A paralegal AI lacks the emotional intelligence and interpersonal skills needed for effective client interaction.
- Document preparation and review: While AI can assist with document assembly and basic contract review, paralegals are skilled at drafting legal documents such as briefs, contracts, and pleadings. They ensure accuracy, completeness, and compliance with legal standards, which requires a deep understanding of legal terminology and formatting.
- Case management: Paralegals play a crucial role in managing case files, coordinating deadlines, and organizing evidence and exhibits. They understand the procedural aspects of litigation and can anticipate the next steps in a case, which requires judgment and experience that AI currently lacks.
- Ethical considerations: Legal ethics and professional responsibility are complex and nuanced areas where human judgment is crucial. Paralegals are trained to navigate ethical dilemmas and confidentiality concerns in a way that upholds the legal profession’s standards.
- Adaptability to new situations: Legal practice often involves unexpected developments and changing circumstances. Paralegals are flexible and can adapt their approach based on evolving legal issues or client needs, which requires a level of judgment and flexibility that AI struggles to achieve.
In summary, paralegals bring a combination of legal knowledge, critical thinking, interpersonal skills, and adaptability that AI currently cannot replicate. While AI can assist with certain repetitive tasks and basic legal research, human paralegals remain indispensable for handling complex legal matters and providing personalized client service in the legal profession.
The future of AI and paralegals
While the question of whether AI paralegals will ever fully replace paralegals remains the subject of debate, experts do not predict that there will be mass paralegal layoffs caused by AI. Instead of viewing AI as a threat, paralegals should welcome it as a valuable assistant. After all, “resistance is futile.”
Here are some tips to evolve and stay relevant in the age of AI:
- Embrace AI paralegal solutions as a tool.
- Don’t view AI as a threat. Instead, view it as a valuable time-saving tool that can help with automating routine tasks like document review and analysis.
- Enhance your tech skills.
- Become proficient in the AI tools available. Understanding how these technologies work and using them can boost your efficiency and productivity.
- Improve your soft skills.
- Remember AI will never be human and will always lack the empathy of a paralegal. Paralegals are vital in communicating with clients.
- Never stop adapting.
- Paralegals must commit to a mindset of continuous learning and adapting so that their knowledge and skills in AI remain relevant.
Conclusion
The reality is that AI is the present and the future. We can run and hide from it, or we can embrace it and take advantage of it to make us all better legal paralegals.
The paralegal profession has never been static. Since its inception, paralegals have always adapted to emerging technology, and AI is no exception. AI may be better than paralegals in every area of technicality, but it lacks one critical factor — the human touch.
“AI will not replace jobs, but it will change the nature of work.” Kai-Fu Lee.
In short, “paralegal AI” is not going to take over.
