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AI in the Courtroom: The Boundaries of RoboLawyers and RoboJudges
Hadar Y. Jabotinksy & Michal Lavi
Article

  The full text of this Article may be found here.

35 Fordham Intell. Prop. Media & Ent. L.J. 286 (2025).

Article by Hadar Y. Jabotinsky* & Michal Lavi**

ABSTRACT

 

[A]

rtificial intelligence (AI) is rapidly developing and undoubtedly impacting every aspect of our lives. From lethal drones, to Apple’s Siri, and improved cancer diagnostics, AI algorithms are also increasingly integrated into decision-making. This article illuminates the impact of AI on the legal system and profession.

 

Currently, AI legal tools support lawyers’ and judges’ work and can assist in tasks such as due diligence, legal analysis, classification of documents by Technology-Assisted Review (TAR), providing legal advice, and engaging in predicting legal judgments. AI can even assist judges in decision making for risk assessments during sentencing. The emergence of generative AI and platforms like ChatGPT, which can draft human-like writing, has the potential to be a significant leap forward toward the second wave of AI legal revolution. This advancement not only supports the legal profession and the legal system, but also has the potential to replace practitioners.

 

Undoubtedly, RoboLawyers and RoboJudges have immense potential to revolutionize the legal services landscape, enhancing efficiency within legal systems, reducing the cost of legal services, and broadening access to justice. However, the adoption of such systems raises notable concerns and challenges. Should we embrace the integration of AI in the legal system? Moreover, what limitations should govern its utilization? Is it acceptable for a RoboLawyer to represent a litigant in court, or should there be restrictions? Additionally, should we consider the automation of legal systems to incorporate RoboJudges, which suggest penalties to human judges based on big data analysis of case information and previous judgments from analogous cases? This article seeks to address these pressing questions, draw the borders of the automated judge/lawyer, and aims to offer comprehensive insights.

 

This article aims to contribute to the literature in several ways. First, it provides an overview of AI uses within legal systems, among lawyers, and within courts. Second, it addresses the primary challenges and concerns recognized in legal literature concerning the use of AI systems: safety and accuracy, transparency, accountability, nondiscrimination, and privacy. It also explores potential methods to mitigate these concerns to some degree. Subsequently, it examines the regulatory initiatives already implemented to govern the use of AI and mitigate associated risks. Finally, it concludes that despite precautions and safeguards, there are boundaries that should not be crossed and certain uses of AI which should be rejected outright, such as replacing litigators and judges in courts.

 

Addressing the boundaries of RoboLawyers and RoboJudges is crucial today as RoboLawyers and RoboJudges are already gaining momentum globally. The law does not evolve in isolation; it evolves with the changing times. Therefore, making decisions solely based on past statistical data impedes the development of the law.

 

Moreover, the automation of legal representation and judicial decisions within state courts infringes upon the legitimacy of the legal system, the rule of law, and fundamental rights. Automating the legal process diminishes the autonomy of involved parties, treating them as means rather than ends. This approach, to some extent, dehumanizes them and undermines their dignity. Thus, as conveyed in this Article, confronting the boundaries of AI systems within the legal framework is essential.

 


* Ph.D. (Law & Economics). Founder and Senior Research Fellow at the Hadar Jabotinsky Center for Interdisciplinary Research of Financial Markets, Crises and Technology.

** Ph.D. (Law). Senior Research Fellow at the Hadar Jabotinsky Center for Interdisciplinary Research of Financial Markets, Crises and Technology. The authors thank the Editor-in-Chief Sarah Snow, Hannah Smith, and their colleagues on the Fordham Intellectual Property, Media & Entertainment Law Journal staff for their great dedication and outstanding editorial work that profoundly improved the quality of this Article. The authors used ChatGPT, OpenAI’s large-scale language-generation model, to assist in checking the spelling and grammar of parts of this text. Upon generating draft language, the author reviewed, edited, and revised the language to their liking and take ultimate responsibility for the content of this publication. This Article is dedicated to the memory of Michal’s mother—Aviva Lavi—who died suddenly and unexpectedly. She will always be loved, remembered, and dearly missed.