May 3, 2024

Can AI Help Bridge the Access to Justice Gap?

Can AI Help Bridge the Access to Justice Gap?

Access to justice is a pervasive challenge in the United States and around the world. According to the World Justice Project, more than 5 billion people globally have unmet justice needs, and even in high-income countries like the U.S., the cost and complexity of the legal system put it out of reach for many. But could artificial intelligence (AI) offer a new avenue to expand access to legal information and services? From AI-powered chatbots and guided interviews to automated document assembly and online dispute resolution, a range of technologies are emerging that could help bridge the justice gap. At the same time, the rise of AI in law also raises important questions about the digital divide and the potential for new forms of inequity. Let's explore the potential and pitfalls of AI as a tool for access to justice.

One of the most promising applications of AI for expanding legal access is the development of chatbots and virtual legal assistants that can provide basic legal information and guidance to users. These tools use natural language processing (NLP) to understand and respond to user queries, helping to triage legal issues and point people in the right direction for further assistance. For example, DoNotPay is a "robot lawyer" chatbot that helps users contest parking tickets, cancel subscriptions, and navigate other common consumer issues. Similarly, JustFix.nyc's HelloLawyer chatbot provides free legal information and resources to tenants facing eviction or harassment by landlords.

"By providing a first line of legal guidance and support, AI chatbots can help people understand their rights and options and take initial steps to resolve their issues," explains Joshua Browder, founder and CEO of DoNotPay. "For many people who can't afford a lawyer or don't know where to turn for help, these tools can be a lifeline."

Another area where AI is being leveraged to increase legal access is through guided interviews and document automation. These tools use AI-powered question-and-answer interfaces to gather information from users and automatically generate tailored legal documents like wills, leases, and contracts. For instance, Documate's no-code platform allows legal aid organizations and pro bono attorneys to build custom client intake and document assembly tools, streamlining the process of providing legal services to underserved populations.

"By automating routine document production and enabling legal professionals to serve more clients in less time, AI can help stretch limited resources and expand access to essential legal services," notes Dorna Moini, founder and CEO of Documate. "These tools can also empower people to take more control over their own legal matters and create a more user-friendly and efficient legal experience."

Beyond direct client services, AI is also being applied to improve the efficiency and effectiveness of legal aid and pro bono programs themselves. For example, Paladin's Justice Tech platform uses machine learning to automatically match pro bono attorneys with legal aid cases based on their skills, experience, and availability. By streamlining the case placement process, Paladin helps legal aid organizations serve more clients and makes it easier for attorneys to find impactful pro bono opportunities.

"AI can help bridge the gap between legal need and pro bono resources by intelligently connecting attorneys with cases that fit their profile and preferences," explains Felicity Conrad, co-founder and CEO of Paladin. "By reducing administrative burdens and friction in the pro bono ecosystem, we can engage more attorneys and ultimately serve more people in need."

However, as promising as these AI applications are for expanding legal access, it's important to acknowledge the potential limitations and risks as well. One key concern is the digital divide - the gap between those who have access to technology and digital literacy skills and those who don't. If AI-powered legal tools are primarily accessible to those with smartphones, computers, and internet access, they risk exacerbating rather than ameliorating inequities in access to justice.

"We need to be intentional about designing and deploying AI legal tools in ways that reach and empower marginalized communities, not just the tech-savvy and well-resourced," stresses Miguel Willis, founder and executive director of the Access to Justice Tech Fellows program. "That means investing in digital literacy education, providing offline and low-tech options, and collaborating closely with community partners to ensure these tools are actually meeting people's needs."

There are also valid concerns about the potential for AI systems to reflect or amplify human biases and the lack of transparency and accountability in some AI decision-making processes. As AI plays a greater role in shaping access to legal information and services, it will be critical to ensure that these systems are fair, unbiased, and open to scrutiny. "We need clear ethical frameworks and oversight mechanisms to govern the use of AI in the legal system and protect against unintended harms, particularly to vulnerable populations," argues Tanina Rostain, Professor of Law and co-director of the Center for Applied Legal Studies at Georgetown University Law Center.

Despite these challenges, the potential for AI to expand access to justice is significant and worth pursuing. By leveraging the power of natural language processing, machine learning, and other AI techniques, we can create more intelligent, efficient, and user-friendly legal tools and services that put justice within reach for more people. At the same time, we must work proactively to mitigate the risks of bias and inequity and ensure that the benefits of legal AI are widely and equitably distributed.

"The goal should be to harness AI in ways that enhance rather than replace human empathy, judgment, and expertise in the delivery of legal services," concludes Rostain. "If we can strike that balance, AI could be a powerful force for closing the justice gap and fulfilling the promise of equal access under law."

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