Introduction
In the United States, approximately 20 million civil cases are filed annually, with a staggering 75% involving at least one party lacking legal representation. Many of these cases, including rent evictions, debt collections, or mortgage foreclosures, can significantly impact people’s lives. Unfortunately, many defendants fail to appear in court, resulting in default judgments that may be unjust.
The Barriers to Accessing Justice
David Engstrom, the LSVF Professor of Law at Stanford University, highlights several reasons behind this low participation rate. According to Engstrom, individuals often face challenges such as high time and resource costs, difficulty in accessing legal representation, confusion about the legal process, or trouble finding online resources to navigate their legal issues.
AI: A Game Changer for Legal Access
Engstrom believes that artificial intelligence can offer ‘massive access-widening potential’. At a recent seminar at the Stanford Institute for Human-Centered AI, he discussed how AI can bridge these gaps by translating legal language, mapping legal issues to potential solutions, and automating certain court processes. However, he also warned of the risks associated with AI, including biases and inaccuracies that predominantly affect low-income individuals.
Striking the Right Balance
To maximize the benefits of AI while mitigating potential harms, Engstrom advocates for the development of tools that avoid complicated legal reasoning but still provide significant assistance to litigants. He calls for courthouse-based AI rather than private-sector ventures, emphasizing the need for trustworthy AI solutions for unrepresented individuals.
Engstrom identifies two potential paths for courts: developing their own digital tools (the ‘make’ option) or purchasing services from private providers (the ‘buy’ option). However, both options face limitations, including regulatory constraints and a lack of standardized systems across the vast U.S. court landscape.
Innovative Examples of Courthouse AI
Engstrom shared two exciting AI projects developed in partnership with the Los Angeles Superior Court:
- An automated ‘default prove-up’ system to analyze default judgments for errors, which could identify up to 10% of incorrect judgments.
- A triage and referral tool that connects self-represented litigants with suitable legal resources based on their specific circumstances.
The Future of AI in the Legal Sector
Engstrom views courthouse AI as a crucial yet underexplored area of public sector technology, inviting further research and innovation to develop AI systems that serve the public good.
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- Access to Justice
- Civil Law