CBA Record May-June 2023

By Judge E. Kenneth Wright, Jr. AI and Civil Small Claims Matters

A s technologists, business lead ers, and politicians debate the benefits and dangers of artificial intelligence, it behooves us to identify the areas of concern of using AI in our respec tive fields. As attorneys, we must consider where AI may be of the most use, and of the most concern, in the legal profession. In Chicago’s First Municipal District, AI may be most beneficial to parties involved in civil small claims matters – cases where the amount sought is $10,000 or less, generally involving self-represented liti gants (SRLs). In these cases, AI may sig nificantly increase access to justice. Presently, in the simplest cases, SRLs may file complaints in person or online. After filing, they must serve the defendant named in their complaint. Pre-pandemic, SRLs had to come to the DC and appear before the judge – sometimes for just a few minutes – to determine the status of their case. Now, plaintiffs may Zoom in from anywhere. If defendants have been properly served and appear, the case may Small Claims Matters: Present and Future

be set for trial. But even if a plaintiff wins, unless a defendant voluntarily satisfies the judgment, plaintiffs will need another court hearing to collect the judgement amount. Plaintiffs who retain attorneys incur additional expenses, and their mat ters may possibly be prolonged. In such cases, attorneys meet with potential cli ents, identify paths forward, and work on individual cases. AI can tip this traditional legal ser vices model on its head. The model moves from a paradigm of one-to-one to one-to many. Rather than one attorney meeting with one client, technology-based legal services focus on the common factors of legal problems shared by many. Such services are based on the assumption that certain legal problems share common attributes and solutions. Because of these commonalities, a logical conclusion is that consumers may achieve their objec tives by using a model that captures the shared elements. Pros of Using AI to Resolve Small Claims Matters One benefit is that AI may help identify

legal issues, outline options, and highlight the value of speaking with an actual attor ney. AI may bridge the gulf between legal needs and utilization of legal services. The divide exists for many reasons; cost is the most notable factor. Another factor is simply that many consumers with legal problems do not recognize their problems as having legal remedies; therefore, they never even consider hiring a lawyer who may identify other legal issues and solu tions. AI may best help these litigants by giving them the option to select what they believe their issue to be from a menu of issues, to ask follow-up questions, and to outline possible paths forward. Technology appears to be a very effective tool here, by giving consumers informa tion that would allow them to recognize the legal ramifications of their problems. Electronic searches may help consumers identify solutions for their problems. By the same token, that access may also give consumers the ability to understand the value of connecting with a lawyer. A second benefit of AI is that it may increase access to justice by meeting liti

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