Important to understand how AI fits in the legal profession

By Tony Poland, LegalMatters Staff • Artificial intelligence (AI) can be a boon to the legal profession but care must be taken to ensure it is being used correctly and in the right circumstances, says disability lawyer Leanne Goldstein.

“Embracing technology can be extremely beneficial but it is important to understand how to use it effectively in your legal practice with an eye on how to best serve litigants,” says Goldstein, founder and senior lawyer at Leanne Goldstein Law Professional Corporation. “AI is such an interesting way to enhance access to justice in many different ways.”

Artificial intelligence is described by Great Learning Academy as an intelligent entity created by humans that is capable of performing tasks without being explicitly instructed. AI can do repetitive work quickly at any time of the day or night without supervision while reducing human error. It can analyze data in a fraction of the time it would take the average person. 

”By providing lawyers with the power to sift through large volumes of data quickly and effectively, AI enhances the ability of law firms to increase productivity and decrease overhead. This can be translated into reduced fees for those seeking access to legal services” says Goldstein.  

AI ideal for examining case law

The ability to analyze data quickly and accurately makes artificial intelligence ideal for examining case law, Goldstein says.  

“Our legal system is based on legal precedent. But legal research can be very time consuming and often, since lawyers are not able to review every available precedent, they may only use select precedents,” she says. “This can result in conflicting decisions being rendered in the same or similar fact scenarios. Arguably the use of artificial intelligence in this context would ensure that all available precedent is explored and curated and this could result in greater consistency in the body of case law.”

Goldstein explains that the reduction of unconscious bias intrinsic in human decision-making and interpretation could potentially be addressed through artificial intelligence. It is well known that the idiosyncratic schemata human beings utilize in the decision-making process can influence the outcome of a case from the way information is presented by the lawyers to the way it is processed by decision-makers, she says. 

By reducing the subjective interpretation of data, artificial intelligence could potentially help reduce certain disparities and inequities that arise from injecting value judgments, Goldstein says.

Claims often ‘very subjective in how they are analyzed’

She says the long-term disability cases she handles are often “very subjective in how they are analyzed.” 

The process begins with a review of medical records and information by the insurance company’s case manager and the internal medical consultants hired by the insurance company, Goldstein says. The same medical records are then reviewed and analyzed by lawyers, medical professionals and judges as the matter progresses through litigation.

“Everyone may have a different interpretation of the same medical records,” she says. 

Goldstein says she questions whether there would be a place for AI to conduct a more objective analysis in order to reach a better understanding of specific medical information and whether it is sufficient to meet the contractually specified tests for disability. 

“Would it remove some level of bias or is bias necessary in certain circumstances? This is an important consideration in disability law,” Goldstein tells LegalMattersCanada.ca.

Subjectivity that is injected into the decision-making process

She notes that in disability law “there is subjectivity that is injected into the decision-making process, which is understandable because the decisions are being made by human beings.” 

“If you lose that, it could be detrimental for many individuals, especially those with disabilities where perhaps the flavour of their situation doesn’t come through unless it is being observed by a human being with a measure of empathy and understanding rather than a machine,” Goldstein says. 

• More to representing traumatized clients than legal acumen
• Insurance companies are watching. Do you know what to do?
• COVID-19 burnout and disability claims – when doctors need lawyers

“AI is a wonderful thing, but it has to be used in certain ways, in certain areas of the law.

“If you’re doing tax law, for example, or something that is more fact-based, there is less humanity injected into that situation. In those instances, there could be an AI application for decision-making, versus a scenario where you have to use the technology more as an adjunct to the decision-making process.”

She says her interest in legal technology and AI has grown as her firm is constantly exploring ways to increase clients’ access to justice while offering an affordable product.  

‘A question of offering the right thing in the right scenario’

“It is essential to determine if there is technology out there that will enhance our ability to provide our services while maintaining that critical level of human touch,” Goldstein says. “It is really a question of offering the right thing in the right scenario. 

“We have always been a firm that has utilized legal technology to enhance the experience for our clients and to facilitate our ability to run our files more efficiently and effectively,” she adds. “Even before COVID forced the profession to rely more on technology, we were comfortable utilizing a virtual environment in addition to a physical space. We have always been a very agile practice.”

Goldstein says she deals with clients who may have mobility problems or face restrictions and limitations due to their physical disabilities and illnesses. Others could be coping with mental illness, chronic pain or chronic fatigue. “We are able to help those clients who would have a difficult time in the usual course of litigating claims,” Goldstein says. “As a law firm, we are always mindful of how new advancements can augment our clients’ experiences and accommodate their needs.”  

Technology has helped Improve service

Technology has allowed Goldstein to offer such things as teleconferencing, which she says helps put some of her clients at ease. 

“Virtual meetings are extremely helpful when you are dealing with individuals who have disabling conditions,” she says. “They may have a chemical sensitivity or severe anxiety that prevents them from being able to leave their homes or they may have difficulty with mobility or difficulty sitting for prolonged periods of time.” 

Goldstein explains that many clients struggling with disabling conditions may have limited energy and finding ways to help them conserve their energy can greatly increase their ability to actively participate in legal proceedings. 

“Giving people some measure of comfort as they grow to trust you is also vital. It can be intimidating going into a lawyer’s office to deal with a sensitive issue with someone you have never met before,” she adds. “The entire process can be scary. But when you are sitting in the comfort of your own home and other people you trust are around you, it can be a more reassuring way to engage.”

In the end, Goldstein says that when introducing technology and artificial intelligence into a law firm there must be a clear expectation of what the technology can offer and how best to employ it to improve the customer experience, accommodate needs and enhance access to justice.