We’ve talked about the rise of artificial intelligence on this blog a couple of times in the past, and it seems like people in many different industries are at least curious about how AI may affect their employment now and in the future. We believe that AI can be a wonderful compliment to a lawyer, especially when it comes to digging up old information and providing some areas of focus when examining case law, but we don’t believe that it will ever replace the human lawyer.
In fact, we posed that question to Google’s AI model Gemini. Even Gemini believes that a human lawyer can provide some things that AI simply cannot. Here’s what Gemini said when asked about the differences between an AI model and a human lawyer when it comes to providing assistance in criminal matters:
While AI can perform data-intensive tasks like legal research and document review, criminal lawyers provide crucial human-centric services that AI cannot, including personalized strategic judgment, emotional intelligence, negotiation skills, and accountability.
Strategic Judgment and Critical Thinking
An attorney’s value lies in their nuanced judgment, which AI cannot replicate. Legal situations often have “gray areas” that require contextual interpretation of laws.
- Adapting to unique situations: AI often produces generic, “one-size-fits-all” solutions. An experienced lawyer can apply their knowledge and experience to a client’s specific circumstances, objectives, and legal and social context to craft a tailored strategy.
- Reading human intent and nuance: A lawyer’s understanding of human behavior is essential for discerning the credibility of testimony, reading between the lines of legal texts, and interpreting the intent behind laws. AI struggles to grasp these nuances, which are critical to legal outcomes.
- Thinking creatively: While AI solutions are logical and based on the information provided, a human lawyer can develop creative, out-of-the-box strategies to address a client’s unique legal challenges.
Emotional Intelligence and Client Relations
Criminal defense lawyers serve as trusted advisors, requiring empathy and strong interpersonal skills, especially for clients facing high-stakes consequences.
- Empathy and trust: Clients often come to lawyers during stressful or traumatic times. A human attorney offers empathetic support and can build the trust necessary for a strong attorney-client relationship.
- Managing client emotions: An emotionally intelligent lawyer can help an anxious or distressed client manage their emotions so that they can think clearly about their case. This rapport also helps manage client expectations, build trust, and ultimately increase client satisfaction.
- Persuading judges and juries: Courtroom advocacy relies heavily on a lawyer’s ability to tell a compelling story and persuade a judge or jury. This requires emotional intelligence to make arguments that resonate on a human level—a quality AI lacks.
Negotiation and Advocacy Skills
A criminal lawyer’s job extends beyond the courtroom and requires complex human interactions that AI cannot perform.
- Plea bargains: Negotiating a plea deal involves back-and-forth discussions with prosecutors, assessing the strength of arguments, and using strategic pressure to maximize a settlement. These are critical functions that an AI cannot perform.
- Negotiating with opposing counsel: Beyond plea bargains, lawyers use their negotiation skills to reach favorable settlements in other legal disputes, such as discrimination claims. AI cannot engage in these complex discussions with opposing parties or insurance companies.
- Interviewing and preparing witnesses: Criminal defense lawyers interview witnesses to uncover relevant information and must prepare them for court. This requires human-to-human interaction and the ability to read nonverbal cues.
Ethical judgment and accountability
Ethical and moral considerations are fundamental to legal practice and are beyond the scope of AI.
- Legal privilege: A cornerstone of the legal profession is the attorney-client privilege, which ensures conversations remain confidential. AI platforms offer no such guarantee, as their terms of service often disclaim any duty of confidentiality and reserve the right to reuse input data.
- Ethical codes: Lawyers are bound by a code of ethics and professional responsibility to act in their clients’ best interests. AI has no such ethical obligations and cannot exercise moral judgment.
- Accountability for mistakes: If an attorney provides incorrect advice, they can be held accountable for malpractice. AI tools, however, bear no legal responsibility for flawed or incorrect guidance, leaving the user with no recourse for damages.
- Addressing bias: AI can perpetuate biases present in the data it is trained on, leading to unfair outcomes. A human lawyer is ethically bound to ensure their client receives a fair trial and can advocate against these biases.
AI certainly has a role to play in future legal matters, and lawyers should lean into the technology instead of being scared by it. AI should enhance our ability to help clients, but it can’t replicate the unique and personal service that sets a human lawyer apart.
For personalized and professional help overcoming the legal issues you’re facing, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
