The Legal Brief - 14th June 2023

Currently, the legal profession stands on the edge of a transformative era as artificial intelligence begins to take centre stage. The potential impact of AI on the legal field has generated discussions about the future role of lawyers and the extent to which AI can replace or improve their work. While some may view AI as a threat to the traditional legal profession, others see it as a powerful tool that can enhance the efficiency and effectiveness of legal services. So, what does the future hold for AI and lawyers?

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The Law Society's Horizon Scanning report highlights the profound changes that AI is poised to bring to the legal profession. According to the report, law firms that effectively leverage emerging AI technologies will gain a competitive edge. They will be able to offer their services at lower costs, higher efficiency, and with higher odds of favourable outcomes in litigation. On the other hand, law firms that fail to embrace the power of AI risk losing clients and may struggle to attract and retain top talent in an increasingly competitive legal landscape.

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One of the key areas where AI can revolutionize the legal profession is through the automation of routine and time-consuming tasks. AI-powered software can expedite document review and analysis, contract drafting, and legal research. By harnessing the capabilities of machine learning algorithms, these systems can quickly analyze vast amounts of legal data, identify patterns, and extract relevant information. This liberates lawyers from tedious tasks, allowing them to focus on more complex and strategic aspects of their work.

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AI also offers the potential for enhanced legal research. AI-powered platforms can scan and analyze extensive databases, providing lawyers with concise summaries of statutes, case law, and legal precedents. Access to comprehensive and up-to-date legal information enables lawyers to make well-informed decisions and saves substantial amounts of time.

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Predictive analytics is another significant aspect where AI can assist lawyers. By analyzing historical data from past cases and considering various factors, such as jurisdiction, judgements, and legal arguments, AI algorithms can generate insights and probabilities regarding the possible outcomes of ongoing cases. This information empowers lawyers to develop more effective litigation strategies and provide informed recommendations to their clients.

The Horizon Scanning report also emphasizes the potential for AI to streamline contract review and due diligence processes. AI-powered contract analysis tools can automatically identify key clauses, flag potential issues or inconsistencies, and compare contracts against predefined standards. This expedites the review process, allowing lawyers to focus on critical sections and negotiate terms effectively.

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While the integration of AI in the legal profession offers numerous benefits, it is essential to address the ethical and legal considerations associated with its use. The Law Society's report emphasizes the need for appropriate regulations and safeguards to ensure fairness, transparency, and accountability in AI systems. Ultimately, lawyers must remain responsible for overseeing AI-generated outcomes, ensuring compliance with ethical guidelines, and addressing any biases or errors that may arise.

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Despite the advancements in AI, the human element remains indispensable in the practice of law. The Horizon Scanning report underscores the importance of human expertise, judgment, and emotional intelligence. The legal profession involves understanding complex human contexts, empathizing with clients, and making strategic decisions that go beyond the capabilities of AI algorithms. Notably, lawyers possess critical thinking skills, creativity, and the ability to navigate nuanced legal arguments, all of which are invaluable in the legal profession.

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In conclusion, the Law Society's Horizon Scanning report sheds light on the transformative potential of AI in the legal profession. While AI can revolutionize various aspects of legal practice, it is not about replacing lawyers but rather leveraging AI tools to enhance their capabilities. By embracing AI as a collaborative tool, lawyers can harness its power to provide better, more cost-effective legal services. As such, the future of the legal profession lies in striking a balance between the power of AI and the unique skills and qualities that human lawyers bring to the table.

Written by Max Howard

Parliament are being urged to overhaul England and Wales’ ‘archaic’ and ‘terrifying’ abortion law after Carla Foster, a mother-of-three, was sentenced to 28 months in prison for terminating her pregnancy after the legal time limit.

Under the Offences Against the Person Act 1861 (OAPA), abortion is a criminal offence in England and Wales. The OAPA renders a woman who terminates her pregnancy at any point of gestation as being liable for life imprisonment. Indeed, Professor Sally Sheldon has described the OAPA as having “the harshest penalties for unlawful abortion imposed by any country in Europe”. Similarly, Sheldon criticises the Act by drawing attention to how this law was passed “in the middle of the reign of Queen Victoria, some 20 years before married women were recognised as legal persons able to own property in their own right, almost 70 years before the achievement of women’s right to vote on equal terms with men, and at a time that in matters sexual was almost unimaginably different from ours”.

Although the Abortion Act 1967 offers defences to women who have abortions under certain conditions, the OAPA was never repealed and is still the foundation of abortion law in England and Wales.

In order for a woman to not be guilty under the OAPA, two registered medical practitioners must agree in ‘good faith’ that the following conditions are met:

·????????The pregnancy has not exceeded its 24th week

·????????The continuation of the pregnancy would involve a greater risk of harm to the physical or mental health of the woman or any existing children than if the pregnancy were terminated

However, the 1967 Act also provides defences for post-viability abortions (after 24 weeks) if the following is proved:

·????????The abortion is necessary to prevent grave permanent injury to the mental or physical health of the pregnant women

·????????The continuation of the pregnancy would involve a greater risk of life for the pregnant woman than if the pregnancy was terminated

·????????That there is a substantial risk that if the child were born it would be seriously handicapped.

Furthermore, although the pandemic paved way for ‘pills by post’, in which at home abortions through the administration of mifepristone and misoprostol were legalised, this is exclusively for terminations within the first 10 weeks of gestation.

Thus, as noted by Josephine Franks: “the law is framed in a way which means abortion is not a right. Instead, It gives an exemption from prosecution in certain circumstances”.

Due to Foster taking the administered ‘pills by post’ drugs at 32 weeks after misleading the British Pregnancy Advisory Service (BPAS), she was not protected by the Abortion Act. Despite it being noted by Mr Justice Pepperall, the judge, that Foster committed the offence during the “most intense” phase of lockdown and that she was clearly in “emotional turmoil” at the time, her termination did not satisfy the stringent requirements of post-viability abortions as neither her nor her unborn child were deemed to be at a significant risk of harm.

Moreover, although the court received a letter from numerous experts in reproductive health, including the president of the Royal College of Obestricians and Gynaecologists and the co-chair of the British Society of Adoption and Care providers, which argued for a non-custodial sentence, this was deemed as being “inappropriate”. Pepperall continued by stating that it was his “duty as a judge to apply the law as provided by parliament” and if this decision is deemed to be morally wrong, then it is the responsibility of others to “lobby parliament to change the law and not judges who are charged with the duty of applying the law”.

After the sentencing, the chief executive of BPAS, Clare Murphy, expressed how she was “shocked and appalled” by this custodial sentence and claimed that there “has never been a clearer mandate for parliamentary action, and the need has never been so urgent”.

Although representatives for Rishi Sunak have remarked that they are “not aware of any plans” to amend the law, MPs such as Stella Creasy (Labour) have urged for an overhaul of the OAPA due to it being “a hangover from another era” due to abortion laws being “not based on healthcare considerations, but first and foremost criminal sanctions”. Similarly, Conservative MP Caroline Nokes has vocalised the need for parliament to “start looking at the issue in detail”.

Written by Imogen Ellis

This week from Legally Speaking Podcast Host, Robert Hanna :

???? Are Your Legal Secrets Safe?

This week we dive into the digital legal wilderness with an incredible guest,?Peter Wright! Managing Director of?Digital Law, Peter casts light on the intricacies of Data Protection, Cyber Security, and beyond. He's not only an author ?? but also a global voice ?? who has been instrumental in shaping digital law.

In addition to our latest enthralling?Legally Speaking Podcast ???powered by?Clio - Cloud-Based Legal Technology?episode, we also take a moment to appreciate our AMAZING past guests for their impactful contributions to the legal and wider world:

??Laura Frederick?- ?? She's all set to host?#ContractsCon2024?in vibrant Las Vegas

??Nezahat Cihan?- ?? Powering access to justice through the legendary?London Legal Support Trust?#LondonLegalWalk

??Lewis Alexander Baxter?- ?? Celebrating his triumphant Law Graduation from?Durham University

??Ranjit Sond?- ??? Hosting a riveting?SOCIETY OF ASIAN LAWYERS LIMITED?event on the 'Illegal Immigration Bill'

??Sam Mollaei, Esq.?- ?? Orchestrating a Premier Live Event for Lawyers in the heart of Beverly Hills

??Nicole Clark?- ?? Igniting innovation at the bustling Legal Innovators California in?#LegalTech

??Sophie Vanhegan?- ?? Acclaimed in the 2024 edition of Best Lawyers in the UK for her work in Employment Law

?? BIG NEWS ??

I'm excited to share that I’ve made it to the shortlist for the inaugural LawFluencer Awards by?AllAboutLaw?along with lots of other fantastic legal creators! ??

?? Seeking a pivot in your LEGAL CAREER?

Check out?KC Partners?custom legal job openings for lawyers. Don't forget to refer to the 2023 salary guide to ensure your compensation matches your worth! ??

Read the full newsletter to unlock a wealth of knowledge from Peter and applaud the remarkable achievements of our alumni guests. ??

HERE'S TO EXPLORING AND ACHIEVING MORE TOGETHER FOLKS! ??

#CyberSecurity?#DataProtection

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?? My mission? To foster a kind, collaborative, and thriving legal community, leading the way to success in the legal creator economy.

Capital Markets Associate??- Global Law Firm??- London

Corporate M&A x 5??- Multinational Law Firm??- London

Corporate Real Estate??- Multinational Law Firm??- London

Corporate Solicitor x 2 - Multinational Law Firm??- London

Data protection Senior Associate/ Director ( x4 ) - Multinational Law Firm??- London

Employee Incentives Associate/Senior Associate - Multinational Law Firm??- London

International Privacy, Security and Information Senior Associate/Director - Global Law Firm??- London

IP Litigation Associate - Global Law Firm??- London

Real Estate Solicitor/Associate - Global Law Firm??- London

Tax Associate??- Multinational Law Firm??- London

Technology Associate/Senior Associate - Multinational Law Firm??- London

For further information, or to get your questions answered, please send a message to?Robert Hanna.

If you cannot see a job suitable for you, but are interested to hear about more jobs at KC Partners, please send your CV to?[email protected]?to be considered.

At KC Partners we are committed to promoting diversity and equality of opportunities across organisations and we welcome applications from suitable candidates regardless of race or racial group, religion or belief, age, disability, sexual orientation, sex, gender re-assignment and gender identity, marriage and civil partnership, and pregnancy, maternity and paternity.