Monday, October 14, 2019
This article argues "no" - at least not when it comes to uniquely human skills like empathy, imagination, and creativity. (But see this new book by Professor Arthur Miller - no, not that one - who argues that when it comes to creativity, AI will eventually surpass the human ability to create in truly novel ways). The article, by Professors Julie A. Oseid (St. Thomas - Minn.), Amy Vorenberg (UNH), and Melissa Love Koenig (Marquette) is called Ok, Google, Will Artificial Intelligence Replace Human Lawyering? and is available at 102 Marq. L. Rev. 1269 (2019) and here on SSRN. From the abstract:
Will Artificial Intelligence (AI) replace human lawyering? The answer is no. Despite worries that AI is getting so sophisticated that it could take over the profession, there is little cause for concern. Indeed, the surge of AI in the legal field has crystalized the real essence of effective lawyering. The lawyer’s craft goes beyond what AI can do because we listen with empathy to clients’ stories, strategize to find that story that might not be obvious, thoughtfully use our imagination and judgment to decide which story will appeal to an audience, and creatively tell those winning stories.
This article reviews the current state of AI in legal practice and contrasts that with the essence of exclusively human lawyering skills—empathy, imagination, and creativity. As examples, we use three Supreme Court cases to illustrate these skills.