HNM ATTORNEYS

In a world where legal battles are fought with words instead of swords, the emergence of artificial intelligence (“AI”) as a legal ally has sparked both excitement and apprehension within the legal profession.

AI is revolutionizing the legal sphere, reshaping the way legal practitioners work, and transforming the practice of law itself. From contract analysis to predictive analytics and document review, AI is increasingly being integrated into various aspects of the legal field, offering unprecedented efficiency, accuracy, and insight.

In the high-stakes arena of legal advocacy, the art of crafting persuasive heads of arguments has long been a hallmark of skilled attorneys and advocates. But what if there was a secret weapon that could turbocharge this process?

In Makunga v Barlequins Beleggings (Pty) Ltd t/a Indigo Spur (19733/2017) [2023] ZAWCHC 332, Mr Makunga claimed damages arising out of a breach of contract with Barlequins Beleggings t/a Indigo Spur (“Barlequins”). Interestingly, Mr Makunga, a driver contracted by Spur to provide transport services for its employees, represented himself in these proceedings. Mr Makunga argued that the breach arose from the termination of his contract without notice. Barlequins raised a special plea of prescription on the basis that the contract with Mr Makunga was terminated on 27 October 2014. Mr Makunga argued that he did not accept the repudiation of the contract immediately and instead made efforts to resolve the dispute with the Manager of Spur and subsequently elected to cancel the contract on 31 October 2014.

The core issue for the court to determine was the when the debt arose. The court found in favour of Mr Makunga and dismissed Barlequins’ special plea with costs.

This is a fascinating illustration of the emergence of AI in the legal sphere considering that Mr. Makunga successfully used generative AI and google to draft his heads of argument and subsequently obtain judgement in his favour. This certainly demonstrates the significant impact in AI’s ability to level the playing field, particularly for smaller firms, solo legal practitioners and the greater public who are unrepresented in legal proceedings. What is equally captivating is that the court was inclined to remark: “Lawyers need to watch out for artificial intelligence. One day soon, the computers are coming for our jobs.”

So, what does the emergence of AI mean for us legal warriors who have endured marathon study sessions, survived on 2-minute noodles, triumphed through gruelling exams and emerged battle-scarred but victorious in the trenches of the legal profession? Is AI really here to pilfer the fruit of labour?

Slow your roll AI! Sure, AI may excel in the swift processing of data identifying patterns, document analysis and legal research and writing, however it has not mastered the shadowy depths of human emotion, context and interpretation that are inherent to the practice of law, and it certainly is no match for the creativity, intuition, and strategic thinking of a seasoned legal practitioner.

But what about the future, you may ask? Will AI render legal practitioners obsolete, leaving them to ponder their career choices over a stiff drink at the local bar? Not quite. While AI may revolutionise certain aspects of legal practice, there will always be a need for human judgment, advocacy, and, dare we say, charm in the courtroom – or on Teams.

Legal practitioners need not fret about AI encroaching on their domain, instead they should embrace it as a tool to enhance their role in the legal profession. Or put differently, legal practitioners are like the lead singer in a band with an AI tambourine player – sure both are making noise, but only one is stealing the show.