LEGAL AND ETHICAL PRINCIPLES OF USING ARTIFICIAL INTELLIGENCE IN ADVOCACY

Abstract

Introduction. The rapid development of digital technologies and artificial intelligence (AI) systems has led to their gradual integration into the field of legal practice, including the practice of advocacy. At the same time, the use of such technologies generates new ethical and legal challenges associated with the risks of algorithmic bias, the lack of transparency in the functioning of AI systems, potential threats to the confidentiality of client information, and the possible impact on the independence of a lawyer’s professional judgment.

Purpose. The purpose of this study is to analyse the legal and ethical foundations of the use of artificial intelligence in legal practice, particularly in advocacy, and to determine the limits of its application with due regard to the principles of the rule of law, legality, independence of the lawyer, confidentiality, and avoidance of conflicts of interest.

Materials and Methods. The research materials include: legislative and regulatory acts of Ukraine governing the practice of advocacy, in particular the provisions of the Law of Ukraine “On the Bar and Legal Practice” and the Rules of Legal Ethics; international legal instruments and policy documents regulating the use of artificial intelligence, human rights, and justice, including the UNESCO Recommendation on the Ethics of Artificial Intelligence, the Council of Europe Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law, and the European Union Artificial Intelligence Act (AI Act); scholarly works of domestic and foreign researchers devoted to the digitalization of legal activity, the ethical aspects of artificial intelligence applications, and issues related to ensuring the rule of law within the justice system.

The following scientific methods were employed in the course of the research: the formal-legal method (to analyse the content of legal provisions regulating advocacy and the use of artificial intelligence technologies); the comparative legal method (to examine international approaches to the legal and ethical regulation of AI applications in the fields of justice and legal practice); the methods of analysis and synthesis (to identify the principal risks and advantages associated with the use of artificial intelligence in legal practice); the method of theoretical generalization (to systematize scholarly approaches to the problem of AI use in legal activity); and the method of logical generalization of results (to formulate conclusions and determine prospects for further normative and ethical regulation of artificial intelligence in legal practice).

Results. The study establishes that the use of artificial intelligence in legal practice may significantly increase the efficiency of legal work; however, its application must be carried out in compliance with clearly defined ethical and legal limitations. It is substantiated that the outputs generated by artificial intelligence systems should be regarded solely as auxiliary tools, while the final legal assessment and responsibility for decisions taken must remain with the lawyer.

Prospects. A promising direction for further research is the development of comprehensive ethical standards governing the use of artificial intelligence in legal practice, as well as the improvement of national regulatory frameworks in order to ensure a balance between technological innovation and the protection of human rights and the fundamental principles of the rule of law.