If any one field can be described as right out there on the cutting edge of modern information technology, it is artificial intelligence or AI. Of course, the fundamental concept is not new: robots that can think and learn without direct programming have been a science fiction trope for almost as long as the genre has existed. But in recent decades the dream has edged closer to reality as computer scientists have developed ever more sophisticated systems able to predict patterns and teach themselves how to accomplish tasks in ways that resemble intelligence. This process is known as machine learning.

But until recently, such developments did not affect most people’s lives and so made little impact. It took the sudden arrival of generative AI a few short years ago to bring artificial intelligence truly centre stage. This type of AI is so called because it can generate multiple forms of seemingly original output, everything from text to artwork to computer code. This is a largely autonomous process in response to requests from human users. Chatbots are perhaps the best -known face of generative AI. By contrast, earlier forms of AI tended to require more active human involvement to function.

Opinions are sharply divided on the merits of this very new technology: some perceive only exciting advancements to be seized with both hands, while others see disruption, destructive upheaval and even unemployment. Nevertheless, generative AI is increasingly hard to escape.

AI in the office

AI-generated art and text have both hogged headlines, while the technology has also quietly been making its way into the workplace, law firms and courtrooms included. A variety of features have been incorporated into the latest versions of standard office software, and of course, chatbots are easily accessible via the web.

But disruptive technologies have broader implications within a legal setting than they do within the more straightforward commercial transactions of the business world. Family law especially affects lives in deep and lasting ways so it is particularly important to ensure that AI does not hinder justice via errors or unfair outcomes, whether the case is public or a private dispute. So, does AI make the working lives of lawyers and judges easier? Do litigants benefit?

In May 2024, think tank the Nuffield Family Justice Observatory published a briefing paper outlining the benefits and risks presented by the use of AI in the family court system.

AI in the Family Justice System was intended to:

“…prompt discussion about how artificial intelligence has the potential to improve experiences of families and professionals in the family justice system…”

…while also outlining:

 “…the challenges and risks involved, and the governance required for safe usage.”

The report focused on the potential of AI in three key areas:

  • Improving the experience of families involved in litigation
  • Improving administrative efficiency within court and law firms
  • Helping legal professionals reach decisions

The verdict

The Observatory cited various AI use cases with clear benefits, for example:

  • The inclusion of chatbots on some court websites to provide guidance to individuals involved in cases.
  • Tools designed to encourage and enable out-of-court dispute resolution, via negotiation or mediation. AI can rapidly retrieve relevant case data and precedents.
  • Rapid contract analysis.
  • Fast case data analysis.

However, a number of other use cases for AI cited by the report remain theoretical, without a meaningful real-world presence. For example, there are no publicly accessible systems, public or private, for simplifying legal documents to make them more accessible to lay litigants, or even children, although these are available in some other jurisdictions.

Other viable but currently unavailable systems include:

  • Fully trained AI systems enabling lay litigants to draft court submissions.
  • Case routing software enabling larger law firms to rapidly route new cases to appropriate legal teams.
  • Classification systems enabling categorisation of case documents for relevancy much more quickly than manual review, and AI-generated document summaries that could mean significant time savings for judges and other legal professionals.

AI systems can deliver meaningful benefits but the technology is far from infallible. Such systems can and do make mistakes so human supervision and verification is essential, and to mitigate such risks legal professionals need adequate levels of training.

Ultimately, the Nuffield Family Justice Observatory concludes that the use of AI within family law is still at a very early stage and the risks and rewards have yet to be fully determined:

“At the moment there is not a vision for how those in the family justice system, both families and professionals, can safely harness the benefits of Al while being protected from the risks. Research shows that people are concerned about risks posed by Al and the majority welcomed regulation of Al to mitigate such risks.”

The Nuffield Family Justice Observatory works to assess the state of family law in England and Wales. It was established the Nuffield Foundation, a charity focused on social wellbeing.

Read the Nuffied report here.