History is replete with examples of groundbreaking events that has at various stages of time, redefined and reshaped the future of man. Discoveries have been made and Inventions were birthed usually to enhance man’s capacities or augment his efforts.

For instance, the Industrial Revolution marked a period of development in the latter half of the 18th century that transformed largely rural, agrarian societies in Europe and America into industrialized, urban ones.

Goods that had once been painstakingly crafted by hand started to be produced in mass quantities by machines in factories, all thanks to the introduction of new machines[i].

Propelled by the game-changing use of steam power, the Industrial Revolution began in Britain and spread to the rest of the world (usually referred to as the first Industrial Revolution) and subsequently, second period of industrialization that took place from the late 19th to early 20th centuries and saw rapid advances in the steel, electric and automobile industries[ii].

After steam, electricity, and computing, the age of deep digital transformation—fuelled by incredible advances in technology—is now upon us; we stand on the threshold of vast changes[iii]. At all times, history also bears witness to man’s ability to immediately adapt to the ever changing circumstances. The dynamism of man’s capabilities has always spurred him to carve a place for himself, despite all that is happening around him. The coming of the industrial revolution had brought fears in the heart of men that machines have come to displace them and take over their means of sustenance. But man, like always, found a way to triumph.

Another revolution is upon us. And this time, it is dynamic, multi faceted and disruptive to say the least and has the tendency of finding its application and use in virtually every sector and field of human endeavours.

The 21st Century came with an unprecedented advancement in Information Technology and to this day, milestones after milestones are being achieved. Ideas that were only imagined thirty years ago, have transformed into reality. And of the technologies that will materially impact our lives, artificial intelligence (AI) is a prime candidate[iv]. What man does, and how he does it will go a long way in determining his position and role as the grand and disruptive scheme of Artificial Intelligence unfolds!

ARTIFICIAL INTELLIGENCE

Artificial intelligence is intelligence displayed by machines, in contrast to the natural intelligence displayed by humans and other animals[v]. AI is the “science and engineering of making intelligent machines[vi]”. The term is also used to denote machines that could use cognitive computing capabilities to mine data, decipher trends and pattern, and machines with the “ability to reason, discover meaning, generalize, or learn from past experiences[vii]”

AI refers to the simulated intelligence in machines that enables them to replicate, mimic and act like humans[viii] it has been defined as any device that can perceive its environment and take actions that maximize its chances of successfully achieving its goals[ix]

A chess-playing AI made history by outmaneuvering Gary Kasparov, a chess world champion who had never lost to a human opponent.

The sphere of Law Practice has not been spared either. The world’s first AI lawyer, ROSS, reads through thousands of cases and delivers a ranked list of the most relevant ones, helps lawyers to analyse legal issues and make connections that would otherwise be invisible. It even writes legal memo like actual humans[x]!

Clever software tools like Ravel Law and Lex Machina predict the attitude and workings of a judge, the usual moves of opposing counsel, and the possible outcomes of cases by using large volume of litigation information, court decisions, filing data, and legal processes[xi].

Also, AI-powered platforms such as Kira Systems, helps analyze documents and uncover trends and patterns. Indeed, there are now AI-powered programs that help judges review criminal records help evaluate the gravity and frequency of offences, and assist in sentencing[xii].

As time progresses; we are bound to witness more and more automated incursions into the field of law especially in Nigeria where the Administration of Justice is hugely manual, making it a rife area for deployment of automated machines to cut down the number of time and energy that will ordinarily be put into an act. Be it the system of filing, determining whether a matter should first be referred to ADR, voice recognition machines to aid Judge’s task of writing and prisons decongestion.

The fear that AI will take over jobs of lawyers is well founded even though, all is not gloom as “many of these technologies are only able to complete a discrete task or a discrete portion of a legal project. Attorneys still will be required to deliver the final product[xiii].” More so, while routine tasks like documents review and management are prime candidates for automation, complex situations involving uncertain laws, conflicting rights, and unique fact patterns will remain difficult to be automated for an extended period of time[xiv]. More so, in the real world of practice, clients will always be more comfortable narrating their briefs to a human being than narrating to a machine whilst shedding tears, making jokes with or without derision- these biases can only be better appreciated and processed with the required objectivity and without their influence by the human brain. Celia succinctly puts it: the point is not to “create robot lawyers, but to take the robots out of the lawyer[xv].”

AI has the ability to manage and handle large chunks of data efficiently which makes it a unique threat to Lawyers. Although, it has been opined that the conservative culture of the legal profession creates an innate tendency of lawyers to resist change around them which will no doubt, in the long run be a suicide attempt.

As law related technologies are created all in a bid to ‘ease’ the practice of law, the legal profession will become more dynamic and only practitioners who are so inclined will be fortunate to grow with it.

Lawyers and law firms must position themselves and accept AI, not as a threat to their means of livelihood, but as a tool to further strengthen their output and augment their legal skills in ensuring that their clients get only the best possible outcome.

The Nigerian Bar Association, both nationally and locally should endeavour to organise workshops and seminars to educate and re-educate legal practitioners on the available tools and how these tools can be used to create a more efficient and result oriented lawyer. Applications like the Law Pavillion Electronic Law Reports with its data analytic and computing capacity is one of the many innovations in the Nigerian Legal Technology Industry. More so, there is need for an overhaul of the Legal Education System to accommodate technological competence-in depth enough to give law students an appreciation of the technology so that they step out well equipped.

Lawyers must adjust their perspectives. As AI allows tasks to become automated, lawyers must appreciate the encroachment and impact of AI on the legal profession and must strategically reposition themselves. Those who fail to do this may suffer. Brick-and-mortar lawyers who earn their fees from protracting cases and from low-level document review and drafting of common legal documents like Deeds and Wills—tasks that AI can complete in seconds—will watch their practice slowly die[xvi].

CONCLUSION

Indeed, we are at the cusp of a revolution in the global practice of Law-it has in fact begun! What will set one apart is one’s ability to adopt, adapt and become adept at being relevant anyhow. By virtue of training, the average lawyer is a constant learner and as such, learning how to wield these technologies should not be a challenge. Although, Africa- Nigeria specifically does not have the requisite infrastructural capacity to enhance the swift incursion of AI into our daily lives and practice, however, these technologies will invariably find their way into this clime as AI has come to stay. Disruptive as it is, it comes with unbounded challenges and opportunities to be expl

[i] https://www.history.com/topics/industrial-revolution/industrial-revolution Accessed on the 27th December, 2019

[ii] https://www.history.com/topics/industrial-revolution/industrial-revolution Accessed on the 27th December, 2019

[iii] Richard Kemp, “Legal Aspects of Artificial Intelligence” KEMP IT LAW, November 2016

[iv] https://en.m.wikipedia.org/wiki/Artificial_intelligence Accessed 27th December, 2019

[v] A. I Agunbiade, Artificial intelligence and Law: A Nigerian Perspective, https://www.academia.edu/40338183/Artificial_Intelligence_and_Law_A_Nigerian_Perspective Accessed 27th December, 2019

[vi] Ademola A, Artificial Intelligence and the Future of Law Practice in Africa https://www.lawyard.ng/artificial-intelligence-and-the-future-of-law-practice-in-africa-by-ademola-adeyoju/ Accessed on the 27th December, 2019

[vii] A. I Agunbiade, Artificial intelligence and Law: A Nigerian Perspective, opCit.

[viii] Ibid.

[ix] Ademola A, Artificial Intelligence and the Future of Law Practice in Africa, opCit.

[x] Ibid.

[xi] Ibid.

[xii] Brett M. Anders, Ana C. Shields, and Adi Elliot, “The Future of Work: How Emerging Technologies, including Artificial Intelligence, are Transforming the Legal Profession” Jackson Lewis PC

[xiii] Ademola A, Artificial Intelligence and the Future of Law Practice in Africa, opCit.

[xiv] A. I Agunbiade, Artificial intelligence and Law: A Nigerian Perspective, opCit.

[xv] Ademola A, Artificial Intelligence and the Future of Law Practice in Africa, opCit.

[xvi] Ibid.

Mohammed Nasir Ibrahim Esq. Writes from Kaduna. He is a Pension Law, I.P & I.T Law enthusiast. He can be reached via: [email protected]