Judges in England and Wales to Use AI for Legal Opinions
Judges in England and Wales have been given the green light to use artificial intelligence (AI) to aid in drafting legal opinions, with guidelines issued to ensure responsible adoption.
Jamie Bailey
- 2024-01-08
- Updated 12:39 AM ET
(NewsNibs) - The Courts and Tribunals Judiciary of England and Wales introduced guidance last month that permits judges to utilize AI technologies for the purpose of drafting legal opinions. However, the use of AI for conducting legal research or analysis has not been authorized due to the risks of inaccuracy and inherent biases. This development is indicative of the cautious, yet progressive, steps being taken by the judiciary to incorporate advanced technology in legal proceedings, while preserving the quality and integrity of judicial outputs.
Responsible Use and Ensuring Accountability
Master of the Rolls Geoffrey Vos underscored the importance of maintaining judicial confidence in the use of AI. Judges are expected to take full responsibility for their judgments, as emphasized in the guidance issued on December 11, which advocates a balanced approach to adopting AI in the judiciary. This comes amidst broader discussions regarding the potential of AI to undertake various tasks currently performed by legal practitioners, ranging from drafting documents to participating in jury selection, and potentially influencing case outcomes.
While the guidance does not mandate judges to disclose the use of such technologies, it does raise questions regarding enforceability and accountability, especially in light of the limitations of AI tools, such as issues highlighted with chatbots like ChatGPT. Following an incident where two New York lawyers filed an AI-generated legal brief that cited non-existent cases, the need for prudent utilization of AI has been spotlighted. Judges are advised against using AI for novel or unverified information and are cautioned to refrain from sharing sensitive or confidential data with public AI systems.
Global Perspective and Future Implications
Legal professionals globally are keeping a close watch on this development as it may set a precedent for AI use in the judiciary elsewhere. Five years ago, the European Commission for the Efficiency of Justice provided an ethical charter on AI use in judicial systems, emphasizing accountability and risk mitigation. In contrast, the United States lacks a federal guideline, although individual courts and judges follow their own protocols. Additionally, AI systems, trained predominantly on U.S. law materials, present a challenge for jurisdictions outside the United States. Notably, Appeals Court Justice Colin Birss noted the benefits of AI, such as ChatGPT, in constructing a legal paragraph on a well-understood subject, illustrating the nuanced approach needed for AI's judicial application.
The recent guidance from the Courts and Tribunals Judiciary is being viewed as a considered step towards modernizing the legal field while navigating the potential pitfalls associated with AI. As the judiciary explores the benefits and limits of such technology, its impact on the legal profession and court systems continues to be a subject of discussion and observation.
