Artificial Intelligence and the Future of Law Practice in Africa

Abstract

Law is the only self-regulated profession on earth. It has not changed much since the industrial revolution. It enjoys substantial immunity from outside challengers, particularly in comparison to other professions. This immunity is safeguarded by the enactment of protectionist professional rules and guidelines which govern civility, ethics, and protect lawyers from overthrow. But it appears very likely that law — though shielded by regulations and imbued in tradition — might not be able to withstand the sweeping influence of the digital revolution for long. “Carefully erected protections sheltering the legal profession from disruption is now being eroded”, and the foundation of the monopoly over legal work and the ‘practice of law’ is beginning to crumble. Traditionally and historically, only lawyers can legally engage in the practice of law. But things are beginning to change. In the landmark case of Lola v Skadden, the Court held that “tasks that could otherwise be performed entirely by a machine cannot be said to engage in the practice of law,” meaning that once some task can be entirely performed by a machine, that task can no longer be considered to be ‘the practice of law’ Just as Salomon v Salomon revolutionized corporate law, the decision in Lola v Skadden may soon spark a global trend. Predictions already abound. According to Deloitte, over 100,000 thousand jobs will be automated in the legal sector in the UK alone by 2025, and companies that fail to adopt AI are fated to be left behind. Law is no longer safe from AI. And a single rock from the agile and fluid AI’s sling may knock down the highly regulated, heavily armored, and greatly encumbered legal profession.