The year 2023 has been marked by significant advancements in the field of artificial intelligence (AI), with increasing discussions on its impact on various sectors, including law. In his year-end report on December 31st, Chief Justice John Roberts of the United States Supreme Court highlighted the potential influence of AI on legal practices, predicting substantial effects on judicial processes, especially at the trial level.
Roberts emphasized AI as the main focus of his personal report, suggesting that judges will continue to play a role in the legal field for some time. He acknowledged that AI-induced changes would not only alter how judges perform their duties but also how they understand their role in the cases they handle. As technology evolves, courts will need to consider appropriate uses of AI in legal cases, Roberts pointed out.
According to Roberts, AI could undeniably assist in advancing the objectives of the Federal Rules of Civil Procedure, which aim for fair, swift, and inexpensive resolution of cases. However, he cautioned that the use of AI requires careful and humble consideration.
Roberts also addressed the issue of “AI hallucinations,” where the technology provides answers that contain false or misleading information, referencing an incident where former President Donald Trump’s ex-lawyer, Michael Cohen, blamed AI for fake quotes in legal documents. Moreover, Roberts stressed that machines cannot fully replace key players in the courtroom, asserting that judges can gauge the sincerity of a defendant’s defense through nuances such as a trembling hand or a change in tone.
The message from the Chief Justice of the US Supreme Court comes shortly after a group of senior judges in the United Kingdom published a guide on the use of AI in England and Wales’ judiciary. The UK’s advisory decision provides instructions to judges on how to utilize AI while also warning them of potential risks during trials.
The integration of AI into the legal system is a complex and nuanced issue, requiring a balance between leveraging technology and preserving the human elements essential to justice. As AI continues to evolve, its role in legal proceedings will likely become more pronounced, necessitating ongoing dialogue and careful consideration by the judiciary worldwide.