AG Marshall: AI Cannot Replace Sound Judgement

Artificial intelligence (AI) cannot supplant sound judgement! This was Attorney General Dale Marshall’s strong message to the 34 new lawyers during yesterday’s admission ceremony at the Supreme Court.

Mr. Marshall told his audience, which included Chief Justice The Most Honourable Leslie Haynes, judges, senior public officers and the families of the attorneys-at-law, that they must not fear AI but insist on establishing clear guidelines for its use in Courts.

The Attorney General continued: “I am no slouch when it comes to technology…. However, I am slow to embrace artificial intelligence in the practice of law, except in very limited ways. I will not recite the many instances…where courts have chided and chastised attorneys for relying on AI to the detriment of their client’s case, but also to the impoverishment of the Court and our jurisdiction, not to mention their own professional reputation….

“I do not even dispute that AI can add value to the legal environment. But I wish to sound a cautionary note. AI cannot supplant sound judgement. I contend that your clients will be paying you for legal advice, but more importantly, they will be paying you for your sound judgment.”

Mr. Marshall told the lawyers that they could utilise AI as a research tool, but they must ask themselves a series of questions, including “what is my opinion on this issue” and “my perspective on the law”.

 “You must ask yourself, am I prepared to regurgitate to the Court what AI tells you the law is, or am I prepared to find that one case and apply my mind to distinguishing that case and perhaps take the law in new directions? If all of us will be using AI to do our work, then what will there be to distinguish us from each other in terms of our practice of the law?

“Will it be the attorney who is better funded and can afford to invest in the best technology who will rise to the top? Or will it be the attorney who spends his days and nights researching the law, reasoning out his arguments, and by skillful analysis of the evidence, arrive at a good result for his client?” he queried.

The Attorney General pointed out that other jurisdictions had already issued Practice Directions on AI’s use. He explained that some of them stipulate that attorneys and the Court are responsible for the accuracy and the work product and any information generated by AI must be cross-checked against reliable databases and legal sources to ensure accuracy and trustworthiness.

He told the young attorneys that the legal profession is known for excellence and demands excellence from all who choose it as a career.  

“It is not said that ‘the law is a jealous mistress’ as a joke. It is a jealous mistress because it demands every ounce of your time, effort and dedication. You may not become giants in your careers, but you are certainly capable of practising law with distinction and giving your clients the best possible representation available. Everyone gathered here expects it of you, and your clients will demand it of you,” Mr. Marshall stressed. (PR/GIS)

Caption: Front row, left to right – Solicitor General Anika Jackson; Attorney General Dale Marshall; Chief Justice, The Most Honourable Leslie Haynes; and Bar Association President, Kaye Williams, pose with the new lawyers on the steps of the Supreme Court of Barbados,