Digital Vulnerability and AI-Powered Legal Services
摘要
Reliance on AI in the legal sector—the so-called LegalTech (LT) tools—is constantly growing. Focusing on the European legal market, this paper seeks to clarify the benefits and the risks that the use of LT tools poses to legal professionals, to their clients and to the society as a whole. On the basis of this analysis, the paper further highlights the ex ante requirements that may be helpful in ensuring a responsible use of emerging LT tools, such as the need for continuous human oversight of LT tools, and the dissemination of good professional practices about lawyers’ duties of accuracy, transparency and confidentiality. The paper also examines the potential role of liability rules in better protecting structurally disadvantaged stakeholders in the digital market—that is, consumers, lawyers’ clients and even lawyers themselves. This would imply equating the services offered by providers of LT tools to legal services, while safeguarding the ability of lawyers as deployers of these tools to demonstrate either their non-involvement or the responsibility of other entities within the AI value chain. The wide range of subjects who may be vulnerable to harm caused by AI-driven LT tools demonstrates that the development of more robust and comprehensive safeguards for the affected parties and the integration of ex ante with ex post measures are highly needed.