Image
courtesy
of
NetDocuments.
The
constitutional
right
to
a
fair
trial,
grounded
in
the
Sixth
Amendment,
is
the
cornerstone
of
our
justice
system.
It
guarantees
essential
protections
in
criminal
matters
that,
in
theory,
ensure
that
justice
is
ultimately
served.
By
extension,
the
belief
that
everyone
is
entitled
to
equal
access
to
justice
incorporates
the
idea
of
zealous,
fair,
and
skilled
legal
representation
in
both
criminal
and
civil
matters.
After
all,
justice
can’t
be
served
if
your
rights
aren’t
protected
by
someone
who
understands
the
machinations
of
the
court
system.
Unfortunately,
universal
access
to
justice
is
more
of
a
pipe
dream
than
a
reality.
Even
during
more
favorable
political
climates,
funding
for
legal
aid
—
such
as
through
the
Legal
Services
Corporation
—
was
insufficient
to
meet
demand.
That
gap
has
only
widened
over
the
past
decade,
forcing
public
interest
organizations
to
cut
services
and
staff
despite
rising
demand
for
legal
services
during
the
pandemic
and
in
the
challenging
economic
climate
that
has
followed.
Technology
has
long
been
promoted
as
the
key
to
closing
the
access-to-justice
gap.
However,
market
pressures
have
often
derailed
these
efforts,
as
companies
founded
with
idealistic
missions
often
succumb
to
the
relentless
pursuit
of
profit
and
growth.
Enter
generative
AI,
which
some
herald
as
the
solution
to
the
access
to
justice
problem.
I
wish
I
shared
their
optimism.
However,
given
the
current
state
of
affairs,
I
fully
expect
that
profit
will
reign
supreme.
OpenAI
exemplifies
this
trend.
It
began
as
a
nonprofit
committed
to
advancing
artificial
intelligence
for
the
benefit
of
all,
later
transitioning
into
a
for-profit
model
to
attract
investment
and
continue
to
scale.
This
shift
reflects
a
broader
trend
where
companies,
despite
noble
beginnings,
pivot
toward
profit-driven
strategies
to
sustain
growth
—
often
at
the
expense
of
their
original
mission.
The
cynic
in
me
believes
that
legal
technology
companies
are
no
different
and
will
follow
the
same
path.
Some
startup
founders
may
claim
that
a
primary
goal
of
their
new
generative
AI
tool
is
to
increase
access
to
justice
by
providing
consumers
with
the
information
and
tools
they
need
to
solve
a
legal
problem.
Ultimately,
however,
capitalistic
pressures
will
prevail,
as
they
always
do,
resulting
in
profit
as
the
primary
motivator
for
future-driven
growth.
Despite
my
pessimism,
perhaps
there’s
another
path
to
solving
the
access
to
justice
problem
with
generative
AI.
As
Jim
Calloway,
director
of
the
management
assistance
program
at
the
Oklahoma
Bar
Association,
recently
suggested
to
me,
there’s
another
perspective
to
consider.
Could
these
tools
be
used
to
significantly
streamline
public
interest
lawyers’
workloads,
allowing
them
to
represent
more
clients
more
effectively?
In
other
words,
even
if
AI
doesn’t
replace
the
role
of
lawyers
for
some
matters
by
providing
legal
information
directly
to
consumers,
it
could
very
well
allow
attorneys
in
the
trenches
to
expand
their
impact.
His
theory
reminded
me
of
an
email
I
received
in
response
to
an
article
I’d
written
about
the
potential
of
generative
AI.
The
sender
advised
me
that
he
only
handled
assigned
criminal
defense
matters
and
that
the
generative
AI
tools
he’d
recently
begun
to
use
in
his
practice
had
allowed
him
to
provide
better
representation
to
his
clients
and
had
“helped
his
solo
practice
immensely.”
While
this
pathway
seems
promising,
cost
remains
a
key
barrier
to
adopting
these
tools
in
public
interest
offices,
especially
legal-specific
solutions
designed
for
lawyers’
workflows
and
compliance
needs.
Many
of
these
solutions
rely
on
token-based
models,
where
complex
legal
tasks
consume
more
tokens
and
drive
up
expenses.
As
usage
grows,
so
do
costs,
making
it
difficult
for
underfunded
organizations
like
legal
aid
offices
to
access
the
very
tools
that
could
improve
efficiency
and
outcomes.
Initiatives
like
the
one
recently
announced
by
Thomson
Reuters
could
provide
a
solution
to
this
dilemma.
Last
week
it
launched
its
AI
for
Justice
Legal
Aid
program,
which
includes
its
Legal
Innovators
Incubator
in
addition
to
subsidized
pricing
for
legal
nonprofits.
The
inaugural
incubator
pilot,
supported
by
API
credits
donated
by
OpenAI,
features
organizations
such
as
The
Innocence
Center,
the
National
Center
for
Missing
&
Exploited
Children,
and
Lawyers
Alliance
for
New
York.
Participants
receive
free
access
for
one
year
to
Thomson
Reuters’
CoCounsel
generative
AI
legal
assistant.
This
program
could
make
all
the
difference
for
cash-strapped
legal
aid
offices.
According
to
Michael
Semanchik,
executive
director
of
The
Innocence
Center,
the
long-term
time-saving
potential
is
significant:
“It
completed
10
grant
applications
for
me
in
about
three
hours.
Normally,
I’d
spend
an
entire
day
on
just
one.”
While
these
early
results
are
promising,
only
time
will
tell
if
efforts
like
this
will
deliver
meaningful,
long-term
solutions.
Generative
AI
has
the
potential
to
transform
the
legal
landscape
—
not
by
replacing
lawyers
but
by
enabling
them
to
work
more
efficiently,
particularly
in
struggling
public
interest
settings.
However,
for
this
technology
to
fulfill
that
promise,
access
must
remain
affordable
and
aligned
with
the
mission
of
expanding
justice,
not
just
generating
revenue.
The
question
remains:
Will
efforts
like
Thomson
Reuters’
AI
for
Justice
program
help
close
the
access-to-justice
gap,
or
will
my
cynical
prediction
prevail?
Only
time
will
tell.
While
Generative
AI
holds
the
promise
of
easing
workloads
and
expanding
reach,
its
impact
on
access
to
justice
will
depend
on
careful
implementation
and
a
sustained
focus
on
ensuring
these
tools
are
available
to
those
who
need
them
most.
Nicole
Black
is
a
Rochester,
New
York
attorney
and
Director
of
Business
and
Community
Relations
at
MyCase,
web-based
law
practice
management
software.
She’s
been
blogging
since
2005,
has
written
a
weekly
column
for
the
Daily
Record
since
2007,
is
the
author
of
Cloud
Computing
for
Lawyers,
co-authors
Social
Media
for
Lawyers:
the
Next
Frontier,
and
co-authors
Criminal
Law
in
New
York.
She’s
easily
distracted
by
the
potential
of
bright
and
shiny
tech
gadgets,
along
with
good
food
and
wine.
You
can
follow
her
on
Twitter
at
@nikiblack
and
she
can
be
reached
at
[email protected].