Artificial Intelligence in Civil Justice Systems: An Empirical and Interdisciplinary Analysis and Proposal for Moving Forward

Abstract

Artificial intelligence – particularly generative artificial intelligence – has become one of the leading challenges of our time. One particular area of concern involves the effect of generative artificial intelligence on civil justice systems, meaning both litigation and arbitration.

This Article undertakes an innovative interdisciplinary analysis of the effect of artificial intelligence on the legal system and the legal profession. Incorporating empirical research from the social sciences, the discussion identifies various individualistic problems affecting judges, arbitrators, lawyers, and law students, while also considering systemic harms to civil justice writ large.

Identifying problems is good, but identifying solutions is better. This Article therefore includes a novel means of balancing the benefits of artificial intelligence while simultaneously protecting against its more pernicious elements. This proposal – which looks to England for inspiration – discusses how legal education and the legal profession might be structured in a post-AI world to allow for the appropriate use of generative AI by judges, arbitrators, and lawyers. 

Keywords: artificial intelligence, courts, arbitration, ethics, legal profession, legal education, judges, empirical studies, interdisciplinary studies, law students, comparative law, England, civil justice, access to justice, litigation, legal system, lawyers