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Transforming Latam Legal Sector with AI: Achievements, Challenges

By Omar Guerrero - Hogan Lovells
Office Managing Partner

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Omar Guerrero By Omar Guerrero | Partner - Thu, 11/09/2023 - 09:00

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"A computer would deserve to be called intelligent if it could deceive a human into believing that it was human." These words, spoken by the renowned British mathematician and computer scientist Alan Turing, encapsulate the essence of artificial intelligence (AI). In an age where technology evolves at a staggering pace, Turing's vision has never been more pertinent. It challenges our understanding of intelligence, pushing the boundaries of what machines can achieve in simulating human thought. As we navigate this new world of AI, we delve into the intriguing realm of human-machine interaction, where the lines between man and machine blur, ushering in a new era of possibilities and questions.

Artificial intelligence is revolutionizing the legal sector, not only in Mexico and Latin America, but across the globe. It is changing how lawyers and legal professionals work, making their tasks more efficient and precise.

Predictive justice is an exciting development. AI uses historical case data to predict legal outcomes and case progress. This helps lawyers build better strategies and contributes to a more informed legal system. As a result, AI has especially emerged as a powerful force in modernizing justice systems across Latin America. Two AI systems come to mind.  Prometea and PretorIA, co-created by Juan Corvalán (through his innovation laboratory), a former judge, Ph.D., and co-founder of the AI Lab at the University of Buenos Aires.  These systems serve as prime examples of how AI is transforming the legal landscape in the region.

Prometea was developed in partnership with a ministry in Argentina. Its primary functions include automating repetitive tasks and generating legal decisions. Prometea operates through a user interface, business logic, and data access, making it a versatile tool for streamlining legal processes.

One of the remarkable aspects of Prometea is its application in improving the operations of several key institutions, including the Inter-American Court of Human Rights, and the Constitutional Court of Colombia. What truly sets this system apart is its exceptional transparency, earning it the classification of a "white box" AI system. In practical terms, this designation signifies that its algorithms and outcomes are entirely traceable and comprehensible to users.  

Building on Prometea's success, Corvalán and his team collaborated with the Constitutional Court of Colombia to create PretorIA. This AI system focuses on identifying cases that have a significant impact on fundamental rights. It utilizes intelligent detection, a search engine, dynamic statistics, and user support to enhance its capabilities.

Prometea and PretorIA serve as valuable examples of AI systems that augment the work of legal professionals while ensuring transparency and accountability. They stand as models for the development of AI in the justice system, emphasizing the role of technology as a supporting tool rather than a replacement for human decision-making.

Four pivotal factors played a key role in ensuring the success of both PretorIA and Prometea. To begin, these projects found their origin in dedicated offices within justice-related agencies, led by individuals who passionately believed in the potential benefits of AI implementation. This core belief served as a driving force, motivating the adoption of AI tools and propelling a paradigm shift in workflow, even in the face of increased workloads. Secondly, these projects were facilitated by a conducive digital environment characterized by the digitization of documents, robust data governance, and standardized terminologies. Collaborative interdisciplinary teams were instrumental in this process, as they spearheaded the reengineering of inefficient processes, identified tasks, and dissected decision trees for key procedures, enabling a smoother transition into AI integration.

Beyond Argentina and Colombia, AI tools have made inroads in the justice sector across Latin America. Brazil employs VICTOR to identify appeals with significant social impact, while Chile utilizes predictive systems to identify potential crimes within cities, enhancing law enforcement's efficiency.

Observing the triumph of these AI systems, one might wonder why similar advancements haven't been widely adopted in other Latin American justice systems. One answer lies in the obstacles that impede the seamless integration of AI in the legal sector. These barriers are multifaceted, arising from issues such as insufficient technology for system interoperability and data exchange, a scarcity of motivation and dedicated time for investing in AI solutions, and a pervasive apprehension surrounding the risks entailed in embracing innovative processes.

Furthermore, an issue often observed is the absence of long-term vision in shaping policies and projects within government institutions. This lack of foresight results in a critical problem – a lack of consistency in AI tool implementation, which typically requires time to reach maximum effectiveness.

Additionally, there exists a substantial infrastructure gap among these institutions. Moreover, there's a deficiency in the capacity of these institutions to harness and adapt to the full potential of AI tools effectively. Lastly, a common challenge lies in the financial constraints faced by most judicial and governmental bodies, limiting their ability to allocate budgets for AI projects. These financial constraints often hinder the adoption and full-scale utilization of AI systems.

In conclusion, AI systems like Prometea and PretorIA illustrate the transformative potential of AI in Latin American justice systems and the world. While hurdles remain, their successes offer hope for a more modernized and accessible justice system. As generative AI continues to gain traction, integrating AI into the legal landscape is crucial for the betterment of society and the realization of a more efficient, accessible and fair legal system for all.

 

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Photo by:   Omar Guerrero

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