Globally the legal profession is undergoing transformation, and New Zealand is no exception. The emerging pool of both analytical and generative AI technologies has begun to influence how legal research is conducted. Many law practices, with whom the Law X stable of consultants work, are grappling with this right now and things are only going to get more intense.
What is the promise?
AI promises faster results, greater efficiency, and the ability to process vast amounts of information in seconds. Only naysayers would contend those things are not beneficial.
But do they affect the importance of lawyers having strong research skills? I would argue, on the contrary, that as the age of AI continues to emerge, the value of lawyer and (for those practices with them) Law Librarian driven legal research is going to be more important than ever.
Interpretation
One of the main reasons strong research skills will remain important is the multi-faceted nature of the law. New Zealand’s legal system relies heavily on the interrelationship and interpretation of statutes, case law and precedents. AI can help locate relevant primary law, but it cannot replace the lawyer’s ability to contextually interpret these sources. Legal principles are often not black and white; they require a deep understanding of context, judicial reasoning, and the ability to draw analogies from previous cases.
Ensuring Accuracy and Reliability
It goes without saying that research needs to validate the accuracy and reliability of the source material. Generative AI is not immune from error. It can make mistakes, draw from outdated or incorrect information, or misconstrue jurisdictional differences. Lawyers with good research skills can verify the outputs, cross-check sources, and ensure that the legal advice they provide is based on accurate and current information.
What about the publishers?
To some extent early versions of AI technology have been with us for some time. Natural language algorithms have gone some way to help, especially for those unskilled in the use of the Boolean search operators.
But to me those skills are going to continue to be important, and I am often startled at how few lawyers really understand how to interrogate legal databases properly. Whatever AI generates, the importance of understanding in depth research using those search operators effectively, especially across large tracts of commentary and cases will remain.
The publishers are well into the development phase of their more sophisticated AI services and the profession should be well served in terms of efficiencies as they deploy these in New Zealand in the coming months and years. There will be more to say on this as they become more mainstream.
Other factors
Of course, lawyers have a professional responsibility to provide competent and ethical legal advice. This duty cannot be delegated to AI. Strong research skills are essential in fulfilling this responsibility, as they enable lawyers to critically assess the AI’s outputs.
The legal profession is not static. It evolves with changes in the law, society and in IT. Lawyers with good research skills are more likely to adapt to new developments in the law and to include them into their practices. Continually honing those skills with regular new and refresher training also has the advantage of contributing to a lawyers’ CPD requirements.
Finally, but not least, legal practice is not just about finding the right information. It means understanding and applying the law in a way that serves clients’ best interests. This is the “human element” involving soft skills like great communication with no legal jargon, empathy, common sense and judgment. Great research skills enable lawyers to delve deeper into the legal issues that matter most to their clients, to anticipate or predict potential issues, and to develop strategies that go beyond what AI-generated information can offer. These human elements are what ultimately differentiates excellent legal practitioners from those who rely solely on technology.