The tech era: Transforming the face of legal practice

 By Judith Ama AFENYI-DONKOR

The legal profession, historically rooted in traditional methods and procedures, is undergoing a significant transformation due to technological advancements. These changes are reshaping the practice; presenting both opportunities and challenges. This article examines how emerging technologies are revolutionizing the legal profession.

Historical Context

Historically, legal practice relied on manual processes such as physical record-keeping and face-to-face consultations. These methods might have led to delays in the execution of justice, sometimes even resulting in the death of parties awaiting resolution. Technological milestones like the advent of computers and the internet have significantly improved the efficiency of legal work, setting the stage for a more profound technological transformation.

Current Technological Trends in the Legal Profession

Artificial Intelligence (AI)

AI refers to intelligent systems capable of performing tasks that typically require human intelligence. In the legal sector, tools like ChatGPT-4, EsqAI, BERT, Gemini, and others are revolutionizing legal research. These AI-powered applications enhance efficiency and accuracy, automate routine tasks, and improve client service, allowing lawyers to focus on more complex and high-value work.

Blockchain Technology

This is an advanced database system that creates a transparent and immutable ledger. It offers significant benefits to the legal field. Key applications include Smart Contracts, which automate and enforce agreements efficiently; land registry systems, which securely record ownership and reduce fraud; and intellectual property management systems, which help register, track, and protect patents, trademarks, and copyrights. Overall, blockchain enhances transparency, reduces fraud, and ensures data integrity in legal transactions.

Legal Tech Startups

The rise of legal tech startups has introduced innovative solutions, such as platforms for e-discovery, case management, and client communication, which streamline workflows and increase efficiency. Examples include automated legal document generation and online dispute resolution services. E-justice systems in Ghana, for instance, have revolutionized the field by enabling electronic filing, virtual court appearances, and digital case management, significantly improving the efficiency and accessibility of legal services remotely.

Positive Impacts of Technology on the Legal Profession

Changes in Legal Practice

Technology is transforming legal practice by automating tasks such as research, document review, and billing, with a growing focus on technological skills and data analysis. Tools like Clio, TimeSolv, and Bill4Time handle time tracking and billing. AI systems such as LawGeex and ContractPodAi enhance legal writing through language suggestions and draft automation. AI chatbots manage initial legal advice, queries, and client interactions, boosting service efficiency. Platforms including EsqAI, JudyLegal, DennisLaw, GhaLii, ROSS Intelligence, LexisNexis, Westlaw, and Case Text facilitate legal research with up-to-date case laws and other legal information. Additionally, MarryRight simplifies the marriage registration process in Ghana by providing procedures, access to the registry, and educational resources for couples.

Access to Justice

Technology enhances access to legal services by removing geographical and financial barriers. Online legal platforms, pro bono tech initiatives, and e-justice systems facilitate electronic filing, virtual court appearances, and digital case management. Although many platforms charge a small fee, which is necessary for access, the reduced costs and elimination of travel expenses make justice more accessible and litigation easier.

More Collaboration Among Lawyers

Technology in law boosts collaboration with tools like Slack, Google Docs, Google Sheets, Google Slides, and Microsoft Teams, enabling lawyers to work on petitions and case details concurrently, without needing to be physically present and minimizing delays from waiting on others. Additionally, MeetGeek enhances virtual meetings by enabling participation in multiple meetings simultaneously and providing features such as scheduling and minute-taking. This enables lawyers and law firms to serve clients regardless of their geographical location.

Challenges

Despite its advantages, technology presents challenges. AI can sometimes produce inaccurate or fabricated information that requires careful verification. It may also lead to biased outcomes due to reliance on flawed data and lack of transparency in decision-making. Other risks include security vulnerabilities, misinformation, and ethical concerns about privacy and accountability. The rapid pace of technological advancement often outstrips regulatory development, necessitating collaborative efforts to ensure data quality, transparency, and effective governance.

Current Practice  

In Ghana, the High Court (Civil Procedure) Amendment Rules, 2014 (C.I. 87) amended the High Court (Civil Procedure) Rules, 2004 (C.I. 47) to permit virtual or blended court sessions. Order 3, rule 1 of C.I. 47 was amended to replace “open court” with “court,” allowing for evidence via video link or other means. Further amendments include Order 38, Rule 3A, permitting witnesses to give evidence through video link, and Order 41, Rule 2A, allowing judgments to be delivered via video link or other means. These changes specifically address civil procedures and blend electronic and traditional court proceedings.

The Cybersecurity Act, 2020 (Act 1038) defines cybercrime offenses, penalties, and cybersecurity standards. The Data Protection Act, 2012 (Act 843) focuses on data privacy and accountability, ensuring compliance with data protection protocols. The Electronic Communications Act, 2008 (Act 775) supports electronic transactions and records, recognizing digital certificates and electronic evidence in legal proceedings.

In England and Wales, technology use in court proceedings is a duty of the Court, assisting in case management to achieve fair outcomes as per Civil Procedure Rules (CPR )1.4(2)(k). CPR 32.3 and Practice Direction(PD) 33 (Annex 3) permit video links, satellite TV links, or other means for witness evidence, despite the principle of oral evidence in public (CPR 32.2(1)(a)). Video links, for example, reduce costs for overseas witnesses, and parties intending to use them should address this in pre-trial matters to avoid delays.

Way Forward

To prepare future legal professionals for a technology-driven landscape, it is recommended that legal education incorporate technological advancements into the curriculum and specialized training programs focused on technological skills, such as coding and data analytics. Emphasizing these skills will equip students, practitioners, and other relevant stakeholders to meet the evolving demands of the legal field. Additionally, fostering a culture of continuous learning and adaptability will be essential for legal professionals to remain relevant in this dynamic environment.

Conclusion

The legal profession stands at the cusp of technological revolution, with advancements offering both significant opportunities and complex challenges. As technology continues to evolve, legal professionals must embrace change while upholding core legal principles and ethical standards. By preparing for and adapting to these changes, the legal field can harness the benefits of technology to enhance its practices and better serve its clients.

Judith  is a Lawyer at Ghartey and Ghartey. Her areas of Interest are Information Technology Law, Family Law and Human Right.

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