The Courts and Tribunals Judiciary last month said AI could help write opinions but stressed it shouldn't be used for research or legal analyses because the technology can fabricate information and provide misleading, inaccurate and biased information.
“Judges do not need to shun the careful use of AI,” said Master of the Rolls Geoffrey Vos, the second-highest ranking judge in England and Wales. “But they must ensure that they protect confidence and take full personal responsibility for everything they produce.”
At a time when scholars and legal experts are pondering a future when AI could replace lawyers, help select jurors or even decide cases, the approach spelled out Dec. 11 by the judiciary is restrained. But for a profession slow to embrace technological change, it’s a proactive step as government and industry — and society in general — react to a rapidly advancing technology alternately portrayed as a panacea and a menace.
“There’s a vigorous public debate right now about whether and how to regulate artificial intelligence,” said Ryan Abbott, a law professor at the University of Surrey and author of “The Reasonable Robot: Artificial Intelligence and the Law.”
“AI and the judiciary is something people are uniquely concerned about, and it’s somewhere where we are particularly cautious about keeping humans in the loop,” he said. “So I do think AI may be slower disrupting judicial activity than it is in other areas and we’ll proceed more cautiously there.”
Abbott and other legal experts applauded the judiciary for addressing the latest iterations of AI and said the guidance would be widely viewed by courts and jurists around the world who are eager to use AI or anxious about what it might bring.
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