A global network of commercial courts is planning a cross-border initiative to curb AI abuses, as lawyers struggle with a deluge of ‘legal spam’.
Fast-evolving technology can itself be used to ‘control the avalanche’, a former lord chief justice told hundreds of litigators attending today’s main conference of London International Disputes Week.
Lord Thomas of Cwmgiedd, now president of the Qatar International Court, spoke at an opening panel session titled AI, authenticity and the future of evidence. He was asked how the profession and institutions can prevent AI-generated claims and disclosure materials from overwhelming the legal system.
‘One has to look at cooperation between the judiciaries,’ he said. ‘The Standing International Forum of Commercial Courts is about to embark on trying to bring together the views of commercial courts across the world, from India, China, across the common law world, France, Germany, to learn from each other. Because just as law firms have become transnational, the tricks that are used in one place need to be identified before they arrive at some other place.’
He added: ‘One cannot rest on one’s own capabilities. We need to pool knowledge, and develop as best we can rules, procedures and intelligence to deal with any abuse of AI. And abuse can occur anywhere.’
While acknowleding the benefits of AI as an access to justice tool, the session also reflected on the fact that the technology has decoupled the cost of filing a claim from a claim’s merits. ’You need to distinguish clearly between claims that are put through law firms and claims by people who act without law firms,’ said Thomas. ’It’s easier in the modern world to deal with law firms because of the ethical standards that can be enforced against them. So if we get unmeritorious large-scale litigation, I think that’s something that can be tackled - provided the courts and the regulators are prepared to be tough.’
He added: ’More difficult is the position of litigants in person, because for them this will be cost-free. And I think there are two things we have to look at. One is the way in which you charge for access to courts, or the use of arbitrators if that is what is in the contract. And second, I think you have an advantage in countries that have a flexible common law system, because on the whole, the judiciary is much more responsive and far quicker at dealing with things than legislatures, who can be mired down in lobbying and in political manoeuvring.’
Thomas stressed that similar fears were aired about the profession ‘drowning in material’ at the turn of the century when email was introduced. The problem proved to be surmountable.
’We managed to solve that by innovation and change,’ he said. ’And I’ve got no doubt we will have to do the same this time. We mustn’t go overboard, but I’m sure that AI can be used successfully to control the avalanche.’
The opening address at today’s conference was delivered by Sean West, co-founder of The Unruly Corporation, a geopolitical AI company, and author of Unruly: Fighting Back when Politics, AI, and Law Upend the Rules of Business.
’Generative AI makes legal action effectively free,’ he stressed. ’More and more citizens are going to be able to take their disputes directly to businesses with this technology. We’re going to see a huge amount of ”legal spam” of cases that are basically phishing, filing hundreds of thousands of claims against corporations to see what can actually penetrate them, much like cyber risk. Only one e-mail needs to get through for it to be valuable.’
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