Legal Practice in the Age of AI: How Artificial Intelligence is Reshaping Law in Argentina and the United States

 

 

Artificial intelligence (AI) has revolutionized numerous industries, and the legal field is undergoing a similar transformation. In 2024, we have seen how AI tools are increasingly shaping legal practice, from automating routine administrative tasks to supporting judicial decision-making. With its capacity to rapidly analyze vast amounts of data and uncover patterns, AI is transforming how legal professionals approach critical tasks such as legal research, document review, and even predicting case outcomes. This technological shift is not only enhancing efficiency but also changing the very landscape of legal work.  

 

As these technologies continue to develop, the legal industry is increasingly exploring how AI can improve efficiency, reduce costs, and enhance decision-making. However, this transformation also brings with it a host of challenges related to ethics, fairness, and transparency in the use of AI in legal settings. In this context, examining how different countries' jurisdictions are adapting to and regulating AI's role in law is essential for understanding the global impact of this technological shift.  

 

(i) Artificial Intelligence in the Argentine Judiciary: Recent Implementations and Impact

In Argentina, several courts have started using artificial intelligence to assist in judicial decision-making. The use of AI in the judicial system has primarily focused on data analysis tools, which allow judges to review large volumes of information more quickly and efficiently. In some cases, algorithms have been used to predict potential outcomes of litigation, contributing to more informed and expedited decision-making.  

 

Some of the latest implementations in Argentina include:

AI-Assisted Jurisprudence Search System of the National Tax Court

Argentina's National Tax Court (TFS) recently introduced a groundbreaking tool that leverages artificial intelligence to revolutionize access to its jurisprudence. The primary goal of this AI-powered search system is to simplify the process of searching and analyzing case law, offering users faster and more precise results. This tool enables users to search using comprehensive descriptions, legal statements, or specific questions, eliminating the need to match the exact terminology used in court rulings. This makes it easier to identify relevant precedents for building new arguments or conducting legal analysis, thereby streamlining the research process.  

 

Developed in record time with only the court's own resources, the National Tax Court became the first court in Argentina to implement a self-developed AI tool. The search engine currently contains over 12,000 rulings from 2019 to 2024, with plans to include older case law. The system is also regularly updated to ensure its relevance and accuracy.  

 

The case: "Aguilera, Nancy Bibiana and Others v. Aguas Santafesinas S.A. s/Medida Autosatisfactiva"

A recent precedent regarding the application of artificial intelligence in the Argentine judiciary is the referenced case, which shows the first experiences of the Argentine justice system integrating emerging technologies like AI in resolving disputes. This ruling demonstrates how technology in certain cases can be used to optimize the management of judicial cases, even in complex situations, and sets a precedent for future implementations of technological tools within the country's judicial system.  

 

The case, pending before the Civil and Commercial Court of the 14th Nominación in Rosario (Argentina), accepted the request for an autosatisfactiva measure made by a woman who sued a sanitation company for the interruption of potable water service, ordering its restoration during the ongoing litigation. The judge in the case used Meta's artificial intelligence tool within WhatsApp to verify the company's non-compliance.  

 

Guidelines for Responsible AI Implementation

The "Guide for Public and Private Entities on Transparency and Personal Data Protection for Responsible Artificial Intelligence" published by the Agency for Access to Public Information (AAIP), focuses on the implications of technologies based on automated decision-making systems. The aim of this guide is to support both public and private sector actors by providing guidelines that help incorporate transparency and personal data protection as two substantive and transversal dimensions in the technological development projects that implement AI systems, ensuring the effective exercise of citizens' rights.  

 

This preliminary guide is directed at a broad audience of public and private sector stakeholders from various professions involved in the development and implementation of AI-integrated systems. It is intended for organizations that provide and develop AI solutions, governments and policymakers promoting the use of these technologies, agencies and companies that implement AI in their processes and/or products, academic institutions researching the impact of these systems, as well as social organizations advocating for the protection of citizens' rights in the face of the rapid advancement of AI.  

 

Given the specific operational characteristics, the Guide emphasizes that the unsupervised use of AI can affect fundamental rights, such as freedom of expression due to a lack of understanding of its functioning privacy through the use of sensitive data without consent and consequently, human dignity.  

 

The following issues are highlighted:

• Bias and Discrimination
• Poor Data Quality
• Risk of Privacy Violations
• Security Risks
• Inappropriate Use of Personal Data
• Identity Fraud
• Lack of Transparency  

 

To mitigate these impacts, the importance of conducting impact assessments is emphasized to identify and mitigate potential risks before implementing AI systems. The guide also stresses the importance of having interdisciplinary teams to address the ethical and technical challenges of AI.