Tim Hwang, JD, has posted a working paper entitled The Laws of (Legal) Robotics: Automatons, AI, and the ABA, at Robot, Robot, & Hwang.
Here is a summary:
[...] How do we unlock the benefits that technology might bring in lowering costs and increasing efficiency within the legal industry, while minimizing risks and providing adequate compensation those harmed? [...] Addressing the question of whether or not an artificial intelligence could serve in the legal role of a trustee over twenty years ago, Lawrence Solum distilled this multifaceted inquiry into two key questions: one of practical competence (“[W]ill the AI be able to get the job done[?]”) and one of legal capacity (“[W]ill the law allow AIs to serve[?]”). [...]
This paper addresses these two questions, and proposes a framework. Part I will review the current and developing state of legal technology, and the evidence supporting the view that automation will continue to become more advanced and ubiquitous going forwards. Part II will argue that existing legal frameworks for dealing with these developments either have been largely ineffectual in protecting the public or go to the other extreme of stifling productive innovation in legal services. Part III will conclude by proposing a new framework that draws inspiration from the management practices around application programming interfaces (“APIs”) in the technology context to better balance the policy interests at work. [...]
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