Abstract

Artificial intelligence (AI) is increasingly used by the public to make important decisions, from the advancement of business algorithms to aiding with college admissions processes. Much has been written recently about AI and the law. But where is the intersection between AI and the law? And where is the line drawn to separate the two? This Article addresses the benefits and detriments to the use of AI in the legal setting, and provides a solution through the Model Rules of Professional Conduct to capture the benefits while simultaneously abating the detriments.

The discussion aims to break down the typical black-box description by computer scientists who create their own lexicography into an understandable, easily discernable analogy. To that measure, I first discuss AI generally to create a baseline understanding. I then turn to how AI is used in the current legal setting by both lawyers and laypersons. A key motivation to writing this Article is to highlight the systemic problems plaguing the legal system, and how AI can resolve these problems. However, science has taught us that every action has an equal and opposite reaction. The benefits of legal aid through AI are contrasted with discussions about how the use of AI in the legal field can create more issues than it solves, such as implicating the unauthorized practice of law (“UPL”), endangering the public, and magnifying the effects of inherent bias in data sets. Finally, this Article suggests a proactive solution to reap the benefits of AI and minimize the potential problems that arise. Instead of an overview of AI and the law, this Article explores the ethical implications and policy arguments surrounding the use of AI in legal settings. In light of AI transforming the legal industry in numerous ways every day, society—and more specifically lawyers—must maintain their ethical principles in the changing environment.

How to Cite:

Spagnuolo, N. R., (2024) “Artificial Lawyering: A Jekyll and Hyde Story”, Arizona Law Journal of Emerging Technologies 7(1), 1-29. doi: https://doi.org/10.2458/azlawjet.6396

Rights:

Nicholas R. Spagnuolo, Artificial Lawyering: A Jekyll and Hyde Story, 7 Ariz. L. J. Emerging Tech., no. 3, 2024, https://doi.org/10.2458/azlawjet.6396