Will Artificial Intelligence (AI) replace human lawyering? The answer is no. Despite worries that AI is getting so sophisticated that it could take over the profession, there is little cause for concern. Indeed, the surge of AI in the legal field has crystalized the real essence of effective lawyering. The lawyer’s craft goes beyond what AI can do because we listen with empathy to clients’ stories, strategize to find that story that might not be obvious, thoughtfully use our imagination and judgment to decide which story will appeal to an audience, and creatively tell those winning stories.
This article reviews the current state of AI in legal practice and contrasts that with the essence of exclusively human lawyering skills—empathy, imagination, and creativity. As examples, we use three Supreme Court cases to illustrate these skills.
Oseid, Julie A. and Vorenberg, Amy and Koenig, Melissa Love, Ok, Google, Will Artificial Intelligence Replace Human Lawyering? (2019). 102 Marquette Law Review 1269 (2019); U of St. Thomas (Minnesota) Legal Studies Research Paper No. 19-13; Marquette Law School Legal Studies Paper No. 19-13. Available at SSRN: https://ssrn.com/abstract=3449500