TLE0022 Cyber Law: AI's Impact, Lawyers' Role, and Regulation 2019

This essay examines the impact of artificial intelligence (AI) on lawyers, highlighting its potential benefits in areas like research, due diligence, and contract management, while also addressing concerns about job displacement. It explores the crucial role lawyers play in the development of AI, particularly in addressing legal and ethical considerations such as privacy, intellectual property, and the limitations of AI in critical thinking scenarios. Furthermore, the essay emphasizes the importance of regulating AI in legal practice to ensure accountability, prevent privacy breaches, and maintain the quality of legal services, referencing the Cybercrime Legislation Amendment Act 2012 as a relevant legal framework. The conclusion underscores that while AI offers significant advantages, its use must be regulated to uphold ethical standards and prevent unauthorized use.

Cyber Law
Running Head: COMMERCIAL LAW 0
7 / 2 0 / 2 0 1 8
Student’s Name

TLE0022 1
Contents
Contents
Introduction......................................................................................................................................2
Impact of AI on lawyers..................................................................................................................2
Role of lawyers in the development of Artificial intelligence.........................................................3
Importance of Regulation of AI.......................................................................................................4
Conclusion.......................................................................................................................................5
Bibliography....................................................................................................................................6
Legislation....................................................................................................................................6
Other Resources...........................................................................................................................6

TLE0022 2
Introduction
In the world full of technology, businesses, as well as professionals, are using the same for
making their practice smooth and easy. Artificial intelligence is one such technology that can be
understood as an ability of a digital computer to perform those tasks, which requires human
intelligence.
In the presented report, the focus will be made on the impact of such artificial intelligence on
lawyers in addition to the role of lawyers in the development of such intelligence will also be
discussed. Lastly, the requirement to regulate the use of AI in legal practice will also be
discussed.
Impact of AI on lawyers
Law is simply an instruction kit, which provides dos and don'ts that is far similar to a computer
programing. Here AI can be used in many of the areas of legal practice such as conducting
research, performing due diligence, contract management, and so on. There are many benefits of
using AI in legal practice, as the same can conduct time-consuming research and reduce the
burdens of legal service providers and courts. Nevertheless, AI cannot do all the activities as
lawyers but can help them in a significant manner. The same is even eligible to conduct
interviews with clients even in a more efficient manner than lawyers. The reason behind the
same is that many of the times clients are more comfortable with machines.
In conjunction with the above, AI also ensures accuracy in working and reduce the number of
errors. Hence to state that AI leads advantages for lawyers. However, another side of the coin is
also required to have a look upon where lawyers think that the use of AI can push them out of

TLE0022 3
business. This is not true despite considering the lead advantages that AI can provide to clients.
No matter what but a machine can never replace human intelligence as the same is not able to
work in those situations where critical thinking is required1 The lead impact of AI on lawyers
would be in the manner that lawyers using AI shall be in demand over those who are not using
the same2. As discussed above, AI can do things in less time hence in this manner; clients using
the same will be able to resolve issues of clients in less time and therefore to attract more clients.
Role of lawyers in the development of Artificial intelligence
In the development of artificial intelligence, lawyers play a very significant role as they focus on
the human element of legal practice. Technology is the work of engineers and information
technology experts and lawyers consider the legal sits. Numbers of legal issues are involved in
the development of artificial intelligence, and lawyers play their role in the resolution of such
issues. The infringement of personal rights is one such issue where AI can pretend to be a
human. Further personality right of others also remains in danger since AI may utilize sound
control, optical personality and face recognition. Lawyers help to state law and to determine the
area where the law can be a breach and prevent such issues. Further many of the times, AI can
create content on its own but such content may belong to someone else. In such a situation, a
large data that belongs to someone else or is reserved as intellectual property of someone is
required to be kept. If legal aspects would not be considered in the development of AI, then there
would be a risk of cyber-crimes. Cybercrime Legislation Amendment Act 20123 is the lead
1 Neil Sahota, Will A.I. Put Lawyers Out Of Business? (Forbes)
<https://www.forbes.com/sites/cognitiveworld/2019/02/09/will-a-i-put-lawyers-out-of-business/#59f09a7431f0>.
2 Lawtechnologytoday.org, Artificial Intelligence Won't Replace Lawyers—It Will Free Them
(Lawtechnologytoday.org, 27 February 2018) <https://www.lawtechnologytoday.org/2018/02/artificial-intelligence-
wont-replace-lawyers-it-will-free-them/>.
3 Cybercrime Legislation Amendment Act 2012 (Cth)

TLE0022 4
legislation of Australia that provides provisions related to cyber-crimes. Hence, this is not wrong
to state that lawyers keep legal aspects into consideration during the development of AI.
In addition to legal aspects, the ethical aspect is another area in the development of AI where
lawyers have a crucial role. Numbers of ethical issues are associated with the development of
artificial intelligence. AI lacks human intelligence in actual and any of the areas are there where
AI cannot be used or need human judgment4. Implementing AI in such areas may lead to ethical
issues and therefore lawyers are there to identify such issues and advice not to use AI in such
areas.
Importance of Regulation of AI
Bottom-up approaches are always essential. The use of AI needs to be regulated in legal
practices to ensure accountability in the practices of lawyers. Further, as mentioned above,
Cyberlaw is there and if AI would not be regulated, there shall be a risk of breach of the stated
law. The regulation of IT in the respective sector is important for many reasons. Firstly to for the
privacy paradox5. If proper regulation related to the use of AI would be there hence in such a
situation, the risk of privacy breach will be less. Every AI needs to be according to the granted
standards. Legal practice is a sensitive area where improper use of AI may lead to many further
issues and therefore lawyers demands AI to be regulated.
In conjunction with this, non-regulated use of IT may lead to the issues of Tort where omission
gives the right to lose to another person. Lawyers are expected to behave responsibly and to
resolve the issues of the client rather than increasing the same. The use of IT should not be
4 Maksim Karliuk, The Ethical and Legal Issues of Artificial Intelligence (Moderndiplomacy.eu) <
https://moderndiplomacy.eu/2018/04/24/the-ethical-and-legal-issues-of-artificial-intelligence/>.
5 Reshamas.github.io, Lawyers Weigh In On Regulating Artificial Intelligence (Reshamas.github.io) <
https://reshamas.github.io/lawyers-weigh-in-on-regulating-artificial-intelligence/>.

TLE0022 5
allowed without the involvement of a lawyer. To maintain the basic standard of legal services,
the use of AI needs to be regulated6
Conclusion
Conclusively this is to state that the use of AI is being important for legal practices, as
expectations of clients are getting higher day by day. Such use makes the legal practice smooth
for lawyers. In the development of AI, lawyers play a crucial role as they consider legal and
ethical aspects. Lastly, AI needs to be regulated for various purposes such as preventing
unauthorized use and maintaining quality of services. Hence to state that AI is required and
should be used by lawyers but in a regulated manner.
6 Debra Cassens Weiss, Artificial intelligence in the legal profession should be regulated, op-ed argues
(Abajournal.com) <
http://www.abajournal.com/news/article/artificial_intelligence_in_the_legal_profession_should_be_regulated_op_e
d_a>.

TLE0022 6
Bibliography
Legislation
Cybercrime Legislation Amendment Act 2012 (Cth)
Other Resources
Debra Cassens Weiss, Artificial intelligence in the legal profession should be regulated, op-ed
argues (Abajournal.com) <
http://www.abajournal.com/news/article/artificial_intelligence_in_the_legal_profession_should_
be_regulated_op_ed_a>.
Lawtechnologytoday.org, Artificial Intelligence Won't Replace Lawyers—It Will Free Them
(Lawtechnologytoday.org, 27 February 2018)
<https://www.lawtechnologytoday.org/2018/02/artificial-intelligence-wont-replace-lawyers-it-
will-free-them>.
Maksim Karliuk, The Ethical and Legal Issues of Artificial Intelligence (Moderndiplomacy.eu) <
https://moderndiplomacy.eu/2018/04/24/the-ethical-and-legal-issues-of-artificial-intelligence/>.
Neil Sahota, Will A.I. Put Lawyers Out Of Business? (Forbes)
<https://www.forbes.com/sites/cognitiveworld/2019/02/09/will-a-i-put-lawyers-out-of-
business/#59f09a7431f0>.
Reshamas.github.io, Lawyers Weigh In On Regulating Artificial Intelligence
(Reshamas.github.io) < https://reshamas.github.io/lawyers-weigh-in-on-regulating-artificial-
intelligence/>.

TLE0022 7