We previously discussed Digital Law here on the IDP Blog. In that post, we talked about what it is, the consequences of law in the digital realm, data protection in general, intellectual property, the importance of online privacy, cybercrimes, as well as freedom of expression and censorship.

Having made this introduction, the objective of this article is to discuss specifically the influence of technology on law. We will also address the use of artificial intelligence in the market, as well as the impacts and concerns about these issues in relation to the future.

With this, we hope to provide the reader with material for reflection, so that, based on this understanding, lawyers and legal professionals can seek specialization for a more concise and effective performance, since technology and its tools are present in various areas of society. 

Law and Technology

Law and technology are interacting with increasing frequency, and this union has the potential to be long-lasting, given the trend towards greater technological participation in human life. 

We are becoming increasingly dependent on electronic devices for a wide variety of purposes, and violations of rights and other potential claims arising from this relationship will be resolved through access to the courts.

Brazil has been standing out in important decisions in the area of ​​Digital Law, demonstrating that creativity and dynamism are fundamental to practicing the profession today.

Digital law is present in our daily lives, from data collection and tracking to the expression of will, questioning, and even the procedural aspects.

Discussions involving the use of technology in law are becoming increasingly frequent, particularly regarding the use of artificial intelligence and the proliferation of technological tools (software) designed to assist and/or resolve legal issues.

In Brazil and around the world, the emergence of legal startups, known as "lawtechs" or "legaltechs," is noteworthy. These are technology-based companies that provide services in the legal field, whether for implementing settlement platforms, improving the culture of mediation, or facilitating conflict resolution, or in the management of law firms or the judiciary.

In this sense, technology can only contribute to justice, by offering previously unknown data and statistics that can guide both the legal strategy adopted by legal professionals and the management of processes, whether in the provision of legal services or in the delivery of judicial services by the Judiciary.

Within the Judiciary, numerous tools already assist in optimizing judgments, such as the Victor software, used by the Supreme Federal Court. The challenge now is the use of artificial intelligence in decision-making, which we will address in the following section.

What is Artificial Intelligence and How is it Used in Law?

Artificial Intelligence, which you'll often see referred to simply as AI (or AI, for artificial intelligence), is a technological advancement that allows systems to simulate intelligence similar to human intelligence. 

Artificial intelligence is a technology that allows machines to learn and perform tasks that normally require human intelligence, such as pattern recognition, decision-making, and problem-solving.

In the legal context, artificial intelligence is used to automate repetitive and routine tasks, improve process efficiency, reduce errors, and assist in legal decision-making.

Artificial intelligence can be used, for example, to analyze and classify contracts into different categories, extract relevant information, and identify problematic clauses.

Furthermore, given the need to predict the outcomes of legal proceedings, through the analysis of data from previous cases and judicial decisions, artificial intelligence can help predict the results of legal proceedings and offer insights for strategic decision-making.

In this way, artificial intelligence has the potential to be a powerful tool to assist in legal work, improving the efficiency and accuracy of tasks performed by legal professionals.

Finally, there are also chatbots that use artificial intelligence to help clients find legal information, answer frequently asked questions, and even perform tasks such as filling out forms.

Will Artificial Intelligence Replace Lawyers?

The legal field is undergoing a digitization process, and this will generate a vast amount of information to be processed. We are in a data-driven world, where lawyers will need to have a macro perspective. They will need to be more open to innovation and collaborative work.

The importance of a change in mindset among legal professionals to adapt to the current pace of technological change.

According to him, lawyers, by the very nature of their profession, tend to be more conservative and risk-averse, which ultimately affects their ability to react to new technologies and services.

But while some are apprehensive, the market is moving forward, and despite ethical and moral concerns or fears about the unnecessary role of legal professionals in performing certain tasks, I believe the outlook is optimistic. 

The Role of the Lawyer and Digital Law 

With the evolution of digital law and the emergence of new technologies, the role of the lawyer has become increasingly complex and challenging. However, the presence of artificial intelligence and other technologies does not replace the need for a competent and specialized lawyer.

In fact, the role of a lawyer in the field of digital law is even more crucial, as they need to have specific knowledge of the laws that regulate new technologies and their legal implications.

In this sense, it is extremely important for lawyers to understand the risks and opportunities that technologies can bring to their work and to their clients, in order to combat any potential illegalities.

Another important issue is the ethics of using artificial intelligence and other technologies in law. It is crucial that lawyers are aware of the ethical and legal implications of using these technologies and follow applicable rules and regulations.

Thus, even with the evolution of technology and the emergence of new tools, the importance of lawyers in the legal system remains unquestionable.

Thus, the role of the lawyer is fundamental in ensuring that the rights and duties of individuals are respected and protected, regardless of the new technologies involved in the process.

While artificial intelligence can indeed help with routine and repetitive tasks, the role of a lawyer remains essential in matters requiring human judgment and skills such as interpreting regulations, making strategic decisions, and representing clients in legal proceedings.

Furthermore, artificial intelligence cannot replace human contact and the personal relationship between a lawyer and their client. A relationship of trust and an understanding of the client's needs and interests are essential factors for the success of a lawyer's work.

Another important aspect is the lawyer's ability to handle complex and unpredictable situations in specific cases, which may arise in legal proceedings or business negotiations.

Artificial intelligence can indeed help, whether in data analysis and pattern recognition, but the lawyer's role is necessary to interpret and apply this information effectively to the case at hand.

Finally, it is extremely important that lawyers and professionals seek to specialize and step outside their comfort zone. The future is uncertain in many areas of the job market, but technology is a present reality, demanding attention and care.

References: 

Zamprogna, Carlos Alberto Doering . The advancement of technology in law and its contribution to legal certainty. Migalhas, July 2019.

Law and Technology. BNDES, May 2018.

Cossetti, Melissa Cruz. What is artificial intelligence? Tecnoblog, 2019.