Time flies with great content! Renew in to keep enjoying all our premium content.
Legal tech: Navigating the challenges and opportunities
While legal technology has undoubtedly improved operational efficiencies—particularly in areas such as legal research—its accuracy remains a key concern.
The legal environment has undergone significant transformation in the post-Covid era, with technology becoming an integral part of legal practice.
Traditionally, the legal sector was characterised by physical court attendances and manual case filings. However, post-Covid, there has been a paradigm shift towards virtual court sessions and electronic case filings through the Judiciary’s e-filing system. These developments necessitate that law firms adapt to the changing landscape.
While these technological advancements have introduced efficiencies, they have also had unintended consequences, particularly concerning employment.
The transition to digital filings has reduced the demand for traditional clerical services, while simultaneously increasing the need for technologically proficient clerks who can navigate e-filing systems.
Moreover, there has been a notable increase in the adoption of legal technology in law firms. Artificial intelligence (AI)-based solutions have emerged to facilitate legal research, including specialised Kenyan AI solutions tailored to local jurisprudence.
While these innovations enhance the efficiency of legal research and case analysis, they also introduce challenges that must be addressed.
On the positive side, the integration of legal technology has streamlined court proceedings, reducing delays and cutting down on travel costs for litigants and legal practitioners.
However, the partial adoption of virtual hearings has led to disparities in access to justice. Virtual proceedings presume that all litigants and lawyers have reliable internet access and appropriate digital devices.
This assumption overlooks the reality that many individuals, particularly those in marginalised regions, may lack both digital literacy and the necessary technological infrastructure.
For instance, an elderly litigant from a remote area with poor internet connectivity faces significant barriers in accessing virtual hearings or filing cases online. This digital divide risks exacerbating inequality in legal representation and access to justice.
Furthermore, virtual hearings pose additional challenges, such as the diminished ability of judicial officers to assess witness demeanour and body language—crucial factors in evaluating credibility and making informed rulings.
Additionally, reliance on third-party digital platforms raises concerns regarding data privacy and cybersecurity. The integrity of legal data is paramount, and vulnerabilities in digital systems could compromise confidentiality and judicial outcomes.
While legal technology has undoubtedly improved operational efficiencies—particularly in areas such as legal research—its accuracy remains a key concern.
AI-driven research tools have demonstrated limitations, including the generation of inaccurate or fabricated case citations. Incidents in jurisdictions such as the US have highlighted instances where legal practitioners unknowingly submitted AI-generated false citations in court, potentially influencing judicial decisions.
Such occurrences underscore the necessity of verifying AI-generated legal materials to maintain the integrity of legal proceedings.
A senior advocate recently emphasised the importance of balancing technological adoption with professional integrity. While the benefits of AI and digital legal tools are evident, their application must be guided by ethical considerations. Lawyers and law firms must exercise diligence and uphold ethical standards, particularly when utilising AI.
Ms Mputhia is the founder of C Mputhia Advocates. Email: [email protected]