Open the UPL Gates and Let the Robot-Lawyers Walk In

In this work, I argue that almost all categories of legal tasks can be, in principle, performed more efficiently by legal AI (i.e. specialized AI for legal services). However, in legal services, the monopoly of the legal profession is embedded in law and is enforced through the Unauthorized Practice of Law (UPL) regulations. UPL acts as a barrier to large-scale introduction of AI tools in legal services, which ought to be removed. Legal AI can enhance access to justice and consumer welfare and promote disintermediarization of law, thereby empowering the consumer of legal services. I address some key concerns associated with this, namely the problems of accountability for legal AI and problems arising out of AI bias, hallucination and the blackbox effect. These problems are all subject to technological solutions which in turn depend upon a proper regulatory scaffolding involving appropriate assurance, standardization and product and service liability norms. A contour of such regulation might already be emerging. Concerns arising from possible social and human consequences of diluting a lawyer’s role are considered as well. The regulations in the United States and the United Kingdom are considered to share learnings. I conclude that in the near future, the legal services market may be pivoted on legal AI with a far diminished role for lawyers.

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Publication Details

Journal
Asian Journal of Legal Education
Published
2024-12-22
DOI
https://doi.org/10.1177/23220058241305228
Primary Topic
Artificial Intelligence in Law
Type
article
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article

Open the UPL Gates and Let the Robot-Lawyers Walk In

Suvrajyoti Gupta
Asian Journal of Legal Education
Artificial Intelligence in Law
article

Open the UPL Gates and Let the Robot-Lawyers Walk In

Suvrajyoti Gupta
article en

Abstract

In this work, I argue that almost all categories of legal tasks can be, in principle, performed more efficiently by legal AI (i.e. specialized AI for legal services). However, in legal services, the monopoly of the legal profession is embedded in law and is enforced through the Unauthorized Practice of Law (UPL) regulations. UPL acts as a barrier to large-scale introduction of AI tools in legal services, which ought to be removed. Legal AI can enhance access to justice and consumer welfare and promote disintermediarization of law, thereby empowering the consumer of legal services. I address some key concerns associated with this, namely the problems of accountability for legal AI and problems arising out of AI bias, hallucination and the blackbox effect. These problems are all subject to technological solutions which in turn depend upon a proper regulatory scaffolding involving appropriate assurance, standardization and product and service liability norms. A contour of such regulation might already be emerging. Concerns arising from possible social and human consequences of diluting a lawyer’s role are considered as well. The regulations in the United States and the United Kingdom are considered to share learnings. I conclude that in the near future, the legal services market may be pivoted on legal AI with a far diminished role for lawyers.

Asian Journal of Legal EducationVol. 12(2)
O. P. Jindal Global University (IN)
Peace, Justice and strong institutions
Openalex Percentile: Top 61%
Artificial Intelligence in Law
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