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Hasrina Hakimi Advocates & Solicitors

2024

ARTIFICIAL INTELLIGENCE: CO-EXISTING WITH THE MACHINES … OR ARE THEY COMING FOR YOUR JOB?

ARTIFICIAL INTELLIGENCE: CO-EXISTING WITH THE MACHINES … OR ARE THEY COMING FOR YOUR JOB?

Introduction

Back in the 1980s, office technology consisted of a typewriter and the occasional revolutionary telex machine. We have since come an extraordinary distance: transitioning through word processors, fax machines, and personal computers, into the internet age, digital transformation, and now into Artificial Intelligence (AI), the metaverse, quantum computing, and decentralized Web 3.0.

Artificial intelligence is achieved primarily through machine learning, where systems automatically learn and improve from experience without requiring explicit line-by-line programming to arrive at an outcome.


AI – To Use or Not to Use?

1. Social and Legal Duty to Serve:

Our foremost professional duty is to serve our clients and the administration of justice. Legal practitioners possess a duty to make constructive use of available technological tools if they deliver a quicker, better, and more cost-effective service to clients. For members of the judiciary, technology serves the equally vital goal of enabling more expeditious and accessible dispute resolution.

2. Risk Management & Client Protection:

An integral responsibility accompanying technological adoption is safeguarding citizens and commercial enterprises from unintended adverse impacts. This demands proactive promotion of robust regulation, strict data protection compliance, absolute preservation of legal professional privilege and confidentiality, and active mitigation against cyber threats.


Does AI Help Legal Practice? A Resounding “Yes!”

Modern Generative AI models are capable of processing vast libraries of structured data across the web. The benefits of machine-readable documentation and automated legal tech include:

  • Synthesizing data from extensive sources to draw comprehensive, data-driven legal conclusions.
  • Streamlining discovery, electronic document review, and high-volume due diligence.
  • Assisting in contract analysis, risk profiling, and outcome forecasting.
  • Accelerating initial research and preliminary draft formulation.

What Remains Irreplaceable for Human Lawyers?

1) Judgment, Empathy, and the Ability to “Read a Room”:

Clients rarely enter a law firm with a neatly packaged “legal problem”—they arrive with human, emotional, or commercial problems, and the law is merely one instrument to resolve them. Facts in real life are messy and incomplete. A lawyer must discern what the client is saying, what they are withholding, and what they do not know how to articulate. That emotional intelligence and nuanced judgment cannot be outsourced to algorithms.

2) Customising Solutions to the Client’s Commercial Reality:

Even if an AI model predicts a “70% probability of success” in court, that statistical figure alone does not answer whether the client should proceed. Only a human lawyer can evaluate the client’s risk tolerance, financial constraints, reputational stakes, and commercial interests to formulate a customized strategy. Furthermore, a lawyer must step into the shoes of the opposing party to gauge whether an out-of-court settlement is realistically palatable.

3) Adaptability and Agility in Court:

While AI can prepare an initial list of cross-examination questions, live litigation is unpredictable. When a witness gives an unexpected answer on the stand, counsel must deviate from the script within seconds, shifting tactical directions to elicit the evidence needed to prove the case. Real-time instinct cannot be pre-programmed.


How Lawyers Can Stay Ahead in the Age of AI

  1. Master the Law – There Are No Shortcuts:
    Engineered prompts are only as sharp as the legal mind constructing them. Lawyers must understand the underlying legal doctrine to frame the right issues, interrogate facts, spot omissions, and rigorously verify AI-generated output. Otherwise, one is merely proofreading English rather than applying legal craftsmanship.
  2. Understand and Experiment with the Technology:
    Take the time to test emerging tools to separate substantive utility from marketing hype. A working grasp of AI mechanics enables lawyers to answer clients thoughtfully when technological questions arise.
  3. Monitor Legal & Regulatory Developments:
    Stay abreast of domestic and global regulatory frameworks, judicial rulings, intellectual property disputes, and ethical guidelines governing AI use. Being conversant in these evolving standards ensures sound counsel for clients navigating modern digital transformations.

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2024

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