Can Artificial Intelligence Replace People in Legal Professions?

As we start our article, we will first start by defining the basic concepts we need to know here.

1. Although there are various definitions of artificial intelligence (AI) in the doctrine, we can briefly define this form of intelligence as unnatural intelligence created by humans.

2. Robot[1], robots are basically the personification of artificial intelligence technologies. Robots are human-like beings incorporates of software and formed by the sciences of electronics and mechanics. We can accept that when we mentioned robots and AI the same or similar things come to mind.

3. “Technology is the process of finding, developing and producing new methods with the knowledge and materials people have to get rid of the weak conditions they are in[2].”

4. A person is an individual which is capable of rights and obligations in a legal sense and has varied obligations and duties. Basically, these are real people formed by us humans and associations (human communities) and foundations (property communities) artificially created by the legislator.

There are types of people such as a real person and legal entity in law, and there are also types of artificial intelligence determined by its level of development. Types of AI can be divided into weak artificial intelligence, strong artificial intelligence and super artificial intelligence[3]. Weak artificial intelligence is an AI system that is specially designed for usage in a particular field, usually using machine learning and performing single tasks asked to it, just like the GPS applications on our phones. Strong artificial intelligence is an artificial intelligence that can act like human behavior and generate quick fix to complex problems. Sophia of Hanson Robotics, R2D2 and other robots in the Star Wars series are examplifications of this type. Finally, Super artificial intelligence is an AI that, unlike strong artificial intelligence, not only imitates humans but is almost a human being and has its own awareness. An example of such an artificial intelligence system does not exist in present and usually shows up in the movies, like Ex Machine’s Eva.

Artificial intelligence, which has a certain level of intelligence yet it is manufactured by human beings, pick up information in distinct ways, just like humans. Here, let's take a brief look at the learning techniques of artificial intelligence technologies[4]. 1. Machine learning is the essential and underdeveloped type of artificial intelligence. In this level, artificial intelligence gain knowledge only by fulfilling the commands given to it, 2. Deep learning, artificial intelligence can progress the Big Data accessible on today's internet and create new datas from it.

It is quite clear that artificial intelligence technologies will influence the line of works of lawyers and judges, which are the most basic professions of the law department. Even though we make guesses about more advanced systems when we research about the possible effects of artificial intelligence, we genereally use weak artificial intelligence technologies in most parts of our daily lives. Calculators in courts, legislation search programs used by lawyers, and the UYAP application in Turkey can be point out as examples of this topic. There are pros and cons to using artificial intelligence systems, regardless we use weak AI systems or more advanced systems [5]. Let’s look at those advantages and disadvantages. We can mention these as its advantages; artificial intelligence can accomplish comparative evaluates faster than humans, can access the crucial information and documents faster, perform probabilities and calculations faster, be more conscious to detecting violations, is not prejudiced on the grounds of its transparent affair, electronic trials can be held, proceedings can be performed through systems. To mention its disadvantages, it is a fact that it takes away the research workings, the essential of the legal professions, from lawyers such as searching for information and documents, and that it may cause devaluation in attorney comission tariffs due to its speed.

When we talk about robots (AI systems) which is defending in courts like lawyers or wearing robes and making judgments like judges, the first thing we need to check out is whether artificial intelligence technologies are people or not. As we mentioned, especially in the field of law, judgments and defenses are performed by people through diversified cultural and educational encounters and emotions. As we explained above, people are divided into two: real people and legal entities. The legislator has not regulated artificial intelligence systems as a person, so robots or artificial intelligence systems are not subjects of today's legal systems, but objects. Although super artificial intelligence doesn’t occure, excluding weak artificial intelligence systems, the development of powerful artificial intelligence systems has cognated questions regarding the issue. There are opinions in the doctrine that AI systems should be given personality, as well as opinions that finds it not necessary. No steps have been taken in the field of law about this issue, except for minor improvements in most parts of the world. Examples of these improvements are the granting of citizenship to the Sophia [6] , the robot of Hanson Robotics company, by Saudi Arabia and the granting of residence permit to the chatbot named Shibuya Mirai[7] [8]in Japan. As we know being granted residency or citizenship situations can only be implemented to people, but in these cases robots treated like humans. The most important development about personality discussions is the European Parliament's draft in 2017 which mentioned that AI systems can be accepted as 'Electronic Personality' [9]. As a result of developments in the AI systems, in some situations, robots have plenty of freedom of choice and a limited consciousness as a result of this these systems should be responsible of its actions, depending on its degree of advanced. According to this Bill, creating funds to pay oppressed people, and adding a self-destruct button to robots are discussed[10] [11]. As an example of the legal regulation of robots, we can point out the declaration presented at the 2004 Fukuoka International Robot Fair [12] [13]. This declaration basically includes supervisions such as robots and humans can have a common living space and robots will help people in general. South Korea hosted the first legal regulation with the Korean Robot Law, which was enacted in 2008 [14] [15]. Beyond this legalization, a regulation flowed by the Estonian State [16]. The usage of artificial intelligence, which produces a state strategy called "KrattAI", has been expanded in public service in the Estonian State, and also have spread it to the public by making it available to citizens. The Estonian State has also execute studies on the personality of artificial intelligence and enacted laws.

When we look at the field of law, we see that although artificial intelligence doesn’t have a personality, curriculums beyond the usage of weak artificial intelligence systems have been tried in legal systems. The Estonian Ministry of Justice has started to use robot judges in legal disputes whose financial limit doesn’t outpaced 7000 Euros [17].  In these cases, the court process will start and continue in electronic system, the petitions of the parties, the evidences etc. will be uploaded to the system and the robot judge will analyze them on its own data pool and make a decision. This way of helding hearings will have positive effects in declining the workload of the courts and the burden on the judges.  As in a normal court process, there is a legal remedy against the decisions of the judges. A second example is the Internet Courts in China [18]. In addition to conflicts arising from internet shopping, these courts also pending cases such as "copyright violations committed over the internet, disputes arising from loans provided by banks online [19]” . This system works just like in the mandatory mediation system in our procedural law. In other words, firstly the parties will apply to the Internet Courts which is established for the certain debates, and if parties didn’t agree on the issue, they will  apply to ordinary courts within the period set down by the law and bring the conflict to  human judges. This system works great when we consider it not only  reduces the workload on the courts but also it successfully concluded most of the cases it handled.

In summary, artificial intelligence technologies and robots created by humans appeares almost everywhere in our lives. Not only we see them everywhere, from house cleaning to environmental cleaning, from art galleries to the film industry but we also see them in the field of law. Although today we mostly face with the type of artificial intelligence called 'weak artificial intelligence', it is clear that we will encounter more advanced technologies as a result of developments in technologies. In present we also face with those technologies even in the field of law. We generally use the basic form of artificial intelligance called weak AI, but still it affected law major. The main issue held in this article was how developments in the  AI systems could affect the professions of attorney and judge, which are the basic professions of the branch of law. Although artificial intelligence systems can operate and acquire information beyond human capacity, they will always be imitates humans. They will never have the soul, self-image and even more emotions that exist in human nature. They might have simulated emotions created by humans. Likewise, robots ,which are included in artificial intelligence technologies, although they look like humans, won’t and can’t be completely human. For this reason, justice, which is one of the most essential and fundamental emotion in humankind is also at the heart of legal professions . As a  result of this , it makes it impossible for these technologies to completely replace humans. Although it is inevitable that law, like every other profession, will be affected by technology, it wouldn’t right to say that artificial intelligence will replace lawyers and judges. At this point, developing technologies will help lawyers and judges and perhaps ease a large part of their workload, they will be like work partners who help each other and help progress each other in working life. It is clear that the actors in these professions, which are based on various sensitivities and emotions, will still be human. As we mentioned above we would see lawyer-like robots or judge-like robots like in The Internet Course, but it won’t be correct to consider that they will replace real humans in this area, but it is clear they will help each other and ease the working load. Especially cases in the family law and criminal law will held in physical courses by human judges and lawyers, due to sensitiveness in these fields.

SOURCES

– İpçi, Ö. (2021). AVUKATLIK MESLEĞİNDE YAPAY ZEKA KULLANIMI. YÖK Tez Merkezi. Tez no: 694672

– Görentaş, M.B. (2023). HUKUKTA YAPAY ZEKA. Social Science Development Journal, 8(41), pp:1-14.

– ORCID: 0000-0001-8898-9631

– BBC NEWS Türkçe, “Dünya’nın ilk robot vatandaşı Suudi Arabistanlı” https://www.google.com/amp/s/www.bbc.com/turkce/haberler-dunya-41780346.amp (last access: 27.01.2025)

– BBC NEWS Türkçe, “Avrupa Birliği robotlara ‘elektronik insan kimliği’ verebilir” https://www.bbc.com/turkce/haberler-dunya-38581834 (last access: 27.01.2025)

– NEWSWEEK, “Tokyo: Artificial Intelligence ‘Boy’ Shibuya Mirai Becomes World’s First AI Bot to Br Granted Residency” https://www.newsweek.com/tokyo-residency-artificial-intelligence-boy-shibuya-mirai-702382 (last access: 27.01.2025)

– First International Symposium on Roboethics, Senato della Repubblica, 2004, January http://www.roboethics.org/sanremo2004/#:~:text=30th%20%2031rd%20January,design%20and%20development%20of%20robots (last access: 27.01.2025)

– Korea Legislation Research Institute, Intelligent Robots Development And Distribution Promotion Act, https://elaw.klri.re.kr/eng_mobile/viewer.do?hseq=39153&type=lawname&key=robot (last access: 27.01.2025)

– https://tr.m.wikipedia.org/wiki/Robot

– https://tr.m.wikipedia.org/wiki/Teknoloji