Lately there have been significant and extensive discussions across all types of media about Artificial Intelligence ("AI") and how it will affect the general workplace and replace the lawyer's ability to practice law. The reaction to AI's inevitable invasion is on the full spectrum ranging from paralyzing fear to excessive jubilation. However, my approach to AI is comfortably balanced because of the following observations collected over many years of experience.
Each and every one of us wants to be understood for our struggles and appreciated for our achievements. We need to be listened to and heard. And no matter how tough and resilient we are, real life intimacy is essential for our wellbeing. This is where a human lawyer is invaluable and AI is not quite comparable.
The law school teaches lawyers to analyze facts, research the law, and know how to apply the law to the facts of the situation. It is a fairly cold and straight forward process on the surface. Many can do it, including AI with proper prompting. However, to go above and beyond that, to dive deep into the ocean of human feelings and motivations could be very confusing for most people, and rather challenging for AI. But such a deep dive can make a huge positive impact in a client representation.
Let's take wealth preservation and succession planning, for example. This is my area of practice, and it is fraught with emotion. Multiple degrees of uneasiness surround discussions of money, relationships, family dynamics, infirmity and passing. A lawyer must not only know the law, but must also navigate, maneuver, and counsel with respect to the intricacies of personalities involved. The legal advice must be nuanced and targeted. A lawyer must feel the undercurrents and the constantly shifting environments. That's why there is no standard proposition in estate planning. Every individual is unique, every family is different, and each person has distinctive needs. A human lawyer senses these needs on an intuitive level.
Sometimes lawyering in the space of estate planning feels like magic because it reframes and re-balances the clients' understanding of their own family and the role estate planning plays in their lives. The clients may come in tense and lost, and it is so tremendously rewarding to watch them relax, open and brighten like a young flower blossom seeking sunlight during the very first meeting. With their questions answered, their concerns addressed, and complex parts of estate planning process explained, the clients can get a refreshed outlook on life itself. They can now move on, live long, and prosper.
Not surprisingly, legal guidance provided by a human lawyer can have a certain mystique. It is so much more than just the summary of its technical parts. It is also compassionate, uplifting and can be unexpectedly beautiful. Humans will always be drawn to other humans for problem solving, hand holding, and social emotional support at all stages of our existence. AI can be a great and powerful tool in the clever arsenal of a capable lawyer. But AI creators will struggle to replicate the humanity of the relationship between the living.
This article provides an overview and summary of the matters described therein. It is not intended to be and should not be construed as legal advice on the particular subject.