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Artificial Intelligence: Friend or Foe to the Legal Fraternity

The use of artificial intelligence (AI) is a contentious issue in Namibia. 

It has become increasingly popular among many professionals and is transforming various industries. 

The legal profession has not been immune to this technological revolution. 

From case analyses to the drafting of contracts and legal research, AI can speed up the work of lawyers. 

The question we now face is whether AI is a transformative tool for the legal fraternity or a threat to the profession’s quintessential integrity? 

WHAT IS AI?

AI is a type of technology that allows computers or machines to carry out tasks that normally require human intelligence. 

It offers significant advantages and is meant to make your work easier. 

Officially reaching Namibia in 2021, AI only seemed to gain popularity among Namibians in 2024. 

Since then, it has become a common tool among students, government employees, politicians, and even some journalists. 

AI tools can substantially help reduce the hours spent on demanding and time-consuming tasks like legal drafting, research and case preparation. 

For example, ChatGPT can provide quick case analyses and summaries or generate contracts. 

Some legal work that once took hours can now be done in minutes. 

ETHICAL ISSUES: 

A CASE STUDY

A case in South Africa – Mavundla v MEC: Department of Cooperative Government and Traditional Affairs, KwaZulu-Natal and Others [2024] ZAKZPHC 66 – highlighted the conflict between incorporating AI tools in the profession while maintaining ethical and professional standards. 

In this case the court raised serious concerns about the use of AI after the applicant’s legal practitioner referred to cases cited that were incorrect, non-existent, or irrelevant. 

However, while initially denying the use of AI, the legal team later alluded to the use of such tools, which exposed the risk involved in an over-reliance on AI. 

The court held that the reliance of AI when doing research was both “irresponsible and downright unprofessional”.

The judgement highlights the ethical obligations of legal practitioners – specifically the duty to verify the accuracy of the information and sources cited. 

Failure to do so may result in a breach of ethical and professional duties on the part of the lawyer. 

The Mavundla case serves as a warning to all those in the legal space, as well as aspiring legal practitioners, on an over-reliance on AI. 

While AI can help complete legal tasks at a faster rate, it is no substitute for ethical practices, diligence and critical thinking.

AI should be viewed as a tool that enhances rather than replaces the skills of legal practitioners. 

THE CHALLENGE

It is now up to the Law Society of Namibia and the University of Namibia’s legal department to take the lead and develop ethical guidelines on the use of AI in the legal fraternity, ensure that legal practitioners and law students are AI literate and that they understand the potential and limitations of AI’s role. 

The integration of AI in the legal field is inevitable. However, it must be approached with caution. 

The Mavundla judgement is a reminder that AI can mislead in legal proceedings and erode legal reasoning. 

As such, it underlines that diligence and skill cannot be outsourced. 

The question is whether legal practitioners will rise to the challenge of judiciously integrating AI or whether it will erode the values of the profession.

* Rivaldo Kanongo Kavanga is a law student at the University of Namibia, co-founder of the Active Youth Organisation Namibia and a #BeFree Ambassador; rivaldokavanga22@gmail.com

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