By Oyetola Muyiwa Atoyebi SAN, FCIArb. (U.K).
Contributed By Tobenna Mogbo Esq.
INTRODUCTION
In an era marked by technological revolutions, the legal profession sits at the cusp of conservatism and traditionalism.[1] The rapid increase in digitisation which has transformed every sector of society has brought demands for the morphing of legal services delivery and the practice of the profession as a whole.[2] While many jurisdictions are still holding on to the conservative intricacies of the profession, it is becoming more evident that the future of the profession is dependent on its ability to accept and have its modus operandi remodelled by technology and its products.
However, it is concerning that a significant proportion of legal professionals in Nigeria have yet to grasp the nuances of using technology in their operations, despite ongoing efforts to promote its adoption.[3] Nevertheless, it is undeniable that the future relevance of a legal practitioner hinges on their proficiency in leveraging technology for service delivery.[4] Contrary to a common misconception that legal technology threatens to replace human practitioners, it empowers lawyers to enhance their efficiency in fulfilling professional obligations.[5] Therefore, legal professionals must upskill and prepare for the evolving dynamics of our society.
In the first part of this article, a cursory examination was made of the concept of legal technology and its development, the role and impact of legal technology on the Nigerian legal profession as well as recommendations for further development of the nation’s legal regime. In this part, a further discussion will be made, assessing why the discussion of Legaltech is crucial at this time and the various aspects in which it can be deployed.
WHY THE NEED FOR LEGAL TECH?
A discussion of the need for legal technology in legal professional services delivery is not limited to an examination of the benefits or the potential advantages of the same but an analysis of the compelling societal advancements which necessitate the adoption of the technology in legal services delivery. The human society is experiencing rapid changes and as a result, social complexities requiring more nuanced approaches are on the increase.[6] LegalTech ought therefore not to remain a theoretical ideology but a practical and relatable concept for all legal professionals, for reasons which will be examined anon.
To begin with, the world is fast becoming a global village and the use of the internet has made communication and the passage of information in real time possible. At the centre of these sits technology and its apparatuses, which, as a result of international and regional collaborations have become practicable in different fields. The peculiar nature of the legal profession being one which seeks to uphold the legal regime governing each jurisdiction therefore necessitates cross-border collaborations. Thus, a lawyer may be faced with legal issues spanning across jurisdictions and the use of LegalTech becomes inevitable for the understanding as well as the effective resolution of such issues. Moreover, the complexities associated with the different jurisdictions, systems, cultures, etc., will be better understood by a legal practitioner thereby widening his horizon and placing him in a position of advantage in the profession.[7]
Going further, the world is experiencing an increase in the availability of information. With the amount of data created each day, it has become imperative to create efficient systems of information management. With particular reference to the demands of the legal profession, it is needless to say that legal practitioners interact with a substantial amount of data which may not be effectively managed or handled without the use of LegalTech tools. What is more, with the adoption of technology and its enabled devices in complex transactions by clients, a lawyer will no doubt need technological tools to effectively address clients’ concerns in relation to such transactions. Going further, the deployment of Legaltech by a legal practitioner becomes iterative where a review of a large amount of information or dataset is needed. It is rather impracticable for a human practitioner to review large volumes of information in real-time accurately and efficiently.[8]
In addition, the changing nature of the expectations of clients puts a demand on legal practitioners to deploy modern technological structures to meet client needs. In contemporary legal procedures, clients anticipate more rapid responses, real-time information, and ingenuity. It is becoming unimaginable that legal advice or other legal communications take much time before reaching the client. Moreover, contemporary clients would ordinarily expect the same level of digital interaction from legal services as they are accustomed to in other parts of their lives. They would, thus, desire digital platforms that allow them to communicate with their attorneys, upload files, and receive real-time case updates. The use of LegalTech allows attorneys to serve their clients better in a faster, more effective manner while also meeting the expectations of the modern world. The continual integration of technology into the legal industry will make it indispensable to all practitioners. What is more, clients are in constant search for value-oriented services and often tend to exploit the competitiveness in the various sectors of the society including the legal sphere. Hence, they would readily accept a system which promises speed, accuracy and efficiency in addressing their legal issues. [9]
VARIOUS ASPECTS IN WHICH LEGAL TECHNOLOGY MAY BE DEPLOYED.
As earlier alluded, Legal technology isn’t just a catchphrase. It is an integral part of the development of the legal profession. Hence, it finds application in substantial aspects of a legal practitioner’s work, some of which include:
Legal Research: Legal practice, no doubt, consists substantially of legal research. It is often said that a good lawyer does not know all the law but where to find the law. Thus, a practitioner, in addressing legal issues placed before him, has to turn to large volumes of information storage. The use of LegalTech tools will, therefore, aid effective research in real time. Some research platforms developed for use in this regard include LawPavilion, Lawyard, LegalDigitalNG, etc.[10]
Document Automation: Routine tasks such as drafting legal documents, contracts and agreements often tend to take reasonable time and energy which could otherwise be deployed into other billable tasks. A practitioner can thus make use of software which automates the creation of legal documents based on pre-defined templates. This will not only reduce errors, it will also save significant time for the lawyer.[11]
Legal Analytics: as earlier alluded, a legal professional’s work demands interaction with large volumes of information, from research to case management to drafting, etc. With specific reference to research, a lawyer may be required to search through large volumes of information whether physical or online. The availability of resources online, no doubt makes research easier but only if the practitioner knows how to navigate its complex interface. The use of AI and other analytic tools will therefore assist a practitioner in being efficient, accurate and exceptional at duties.[12]
Practice Management: the running of a law firm may require certain nuances which a legal practitioner, without the requisite assistance, may be unable to manage effectively. Thus, various platforms now exist that aid the efficient running of a law firm assisting with such tasks as case management, client communication, billing and payments, time tracking, client interviews and counselling, etc.[13] Examples of such platforms include NextCounsel[14] and MyCase.[15]
Document Management and Record Keeping: with the use of LegalTech tools, effective document storage and record keeping can be achieved. The use of Cloud storage and other electronic means can prevent the loss or damage of vital documents, practice notes and other important records.[16]
In addition to the above, LegalTech may be deployed in other areas such as legal compliance and administration, digital investigation and discovery, electronic filing, legal precedent analysis, case outcome predictions and risk management, online dispute resolution, corporate restructuring, etc.
CONCLUSION
Legal technology no doubt, encompasses a broad spectrum of digital tools, software applications, and platforms designed to improve various aspects of the legal practice. This article aims to further the crusade for the effective and widespread deployment of LegalTech in the Nigerian legal industry. It is essential at this time for lawyers to jettison the dogmatic use of traditional methods of service delivery and embrace contemporary means. This will not only preserve their relevance in the future, but it will enhance the legal system within which they find expression. It is essential to accept the fact that technology is a principal revolutionary agent of society and its usage will only enhance and not replace a human practitioner in the industry.
Louis Mayo, ‘New Technology and National Goals Some Implications for Legal-Policy Decision Making’ Notre Dame Law Review 33 (1961–1962) 37 available at https://scholarship.law.nd.edu/ndlr/vol37/iss1/5 accessed on the 15 March 2024. ↑
Ryan Whalen, “Defining Legal Technology and Its Implications” International Journal of Law and Information Technology, Volume 30, Issue 1, Spring 2022, Pages 47–67, available at https://doi.org/10.1093/ijlit/eaac005 accessed on the 15 March 2024 ↑
Nwaeze Godstime, ‘The Future of Law Practice in Nigeria in the Face of Global Trends and Developments in Information and Communications Technology’ May 8, 2020. Available at SSRN: https://ssrn.com/abstract=3596499 accessed on the 15 March 2024. ↑
Ibid. ↑
Ron Friedman, ‘Back to the Future: A History of Legal Technology’ (PRISM LEGAL) available at https://prismlegal.com/back_to_the_future-a-history-of-legal-technology/ accessed on the 27 March 2024. ↑
Ishaq. O. Apalando, ‘Legal Tech in Nigeria: Applications and Implications’ (ACADEMIA, 2019) available at https://www.academia.edu/40034923/Legal_Tech_in_Nigeria_Applications_and_Implications_An_Independent_Report_ accessed on 27 March, 2024. ↑
Ibid. ↑
See Ryan Whalen op cit. fn. 2 ↑
See Ishaq. O. Apalando, op cit. fn. 6 ↑
Ibid. ↑
NextCounsel is on a Mission to Automate the Legal Industry in Africa, available at https://nextcounsel.com/nextcounsel-is-on-a-mission-to-automate-the-legal-industry-in-africa-2/ accessed on the 27 March 2024 ↑
Edgar A. Rayo, ‘AI in Law and Legal Practice – A Comprehensive View of 35 Current Applications’ Emerj Artificial Intelligence Research, 2021 available at https://emerj.com/ai-sector-overviews/ai-in-law-legal-practice-current-applications/ accessed on the 27 March 2024. ↑
Uche Matthew, ‘Making Legal Technology A Viable Sector in Nigeria’ (MONDAQ, 2021) available at https://www.mondaq.com/nigeria/fin-tech/1142658/making-legal-technology-a-viable-sector-in-nigeria accessed on the 27 March 2024. ↑
Op-cit 11 ↑
MYCASE; available at https://www.mycase.com/login accessed on the 27 March 2024. ↑
Uche Matthew op cit. fn. 13 ↑
Source: BarristerNG
