IAALS, the Institute for the Advancement of the American Legal System at the University of Denver, released a new report, Regulating AI in the Delivery of Consumer-Facing Legal Services: Unlocking Legal Regulation. The report outlines a framework for how the legal profession can respond to the rise of artificial intelligence (AI) tools already being used by the public to navigate legal issues. Here’s more information from an IAALS description of the report.
Amid a growing access to justice crisis – where most low- and middle-income Americans still cannot get legal help when they need it – AI tools present both a challenge and an opportunity. While the legal community has debated how AI might affect lawyers, judges, and the profession itself, far less attention has been paid to how AI is changing the experience for everyday people trying to understand their rights, resolve disputes, and access the courts.
The report acknowledges the real risks that come with AI, including concerns around accuracy, accountability, privacy, and bias. At the same time, it highlights AI’s transformative potential to scale legal information, advice, and services in ways the traditional system has failed to deliver. If developed responsibly, these tools could become a powerful force in closing the justice gap.
The report stems from IAALS’ November 2024 meeting of leaders from across the legal, regulatory, and technology communities. Participants explored the tension between outdated regulatory frameworks and modern tools that are increasingly used by people without lawyers. In particular, the group examined how unauthorized practice of law rules often have a chilling effect on legal aid organizations, courts, and entrepreneurs who are trying to serve self-represented litigants.
The report recommends a phased approach to regulation, beginning with a focus on experimentation, education, and consumer protection, while continuing to gather data and evaluate how people use these tools. The second phase, contemplated for the future, would involve more formal regulation based on what is learned. This process is designed to encourage innovation while keeping consumer needs and public trust at the forefront.
“We’re facing both a crisis and a breakthrough,” said Jeff Ward, Director of the Duke Center on Law & Tech. “Responsible AI might help close the justice gap, but only if we reimagine our regulatory systems. IAALS’ phased approach shows how we can act with both urgency and care to create an environment where trustworthy legal tools can flourish.”
Click here for more information about IAALS’ Unlocking Legal Regulation initiative, which produced this report.
