Artificial Intelligence and Access to Justice: Is the Democratisation of Legal Services Possible?
Access to justice is one of the cornerstones of a modern rule of law. However, in reality, for many people, justice remains a difficult-to-achieve ideal due to barriers such as high legal fees, complex legal procedures and a lack of information. So, can artificial intelligence (AI) change this situation? Can technology ‘democratise’ justice by making it more accessible, more affordable and more understandable? In this article, we will examine how artificial intelligence technologies facilitate access to legal services, their potential in this field, the risks involved, and what this means for the future of justice.
Barriers to Accessing Justice To understand the fundamental issues that artificial intelligence could help resolve, we must first identify the existing barriers:
The Cost Barrier
For many individuals and small businesses, hiring a solicitor is a financially unmanageable burden. This situation leads people to give up on seeking justice even in cases where they are in the right.
Knowledge Barrier
With its specialised terminology and complex structure, the law is incomprehensible to most people. When faced with a legal problem, people do not know what to do, what their rights are, or where to turn.
Geographical and Physical Barriers
People living in rural areas or small towns may struggle to access a specialist solicitor. For disabled or elderly individuals, travelling to a court or a law firm can be physically demanding.
AI-Powered Solutions Artificial intelligence offers various innovative solutions to overcome these barriers:
Chatbots and Legal Assistants
AI-powered chatbots can provide immediate answers to citizens’ basic legal queries 24/7. They can offer initial guidance by explaining relevant legal provisions and basic procedures in response to questions such as “How can I evict my tenant?” or “What should I bear in mind when terminating my employment contract?”. This provides an opportunity to gain basic information before consulting a lawyer.
Automated Document Generation Platforms
Online platforms enable users to create standard legal documents—such as tenancy agreements, notices of default, and simple court petitions—at very low cost or free of charge by answering simple questions. This eliminates the need to pay legal fees, particularly for simple and standard legal procedures.
Online Dispute Resolution Platforms
Artificial intelligence can be used to resolve disputes between parties without going to court. ODR platforms allow parties to present their arguments and evidence in a digital environment. Artificial intelligence can analyse this data or act as a mediator between the parties to propose a fair solution. This can be a fast and low-cost alternative, particularly for small claims or consumer disputes.
Facilitating Access to Legal Information
Artificial intelligence can analyse complex legal texts and court rulings, summarising them in simple and understandable language. This enhances ‘legal literacy’, enabling citizens to be more aware of their own rights.
Potential Risks and Ethical Concerns Whilst the potential to democratise access to justice is significant, this technology also carries certain risks:
Quality and Accuracy Issues
There is no guarantee that the legal advice provided by artificial intelligence or the documents it generates will always be accurate and up-to-date. Incorrect advice could result in individuals suffering a loss of rights. This situation could give rise to liability for a tort under Article 49 of the Turkish Code of Obligations.
The Threat of Replacing the Legal Profession
The proliferation of such services could pose a threat, particularly to lawyers handling simple and routine matters. However, this situation could also be viewed as an opportunity for lawyers to shift their roles towards more complex and strategic areas.
The Digital Divide
Technology itself may create a new form of inequality. Individuals without internet access or with low digital literacy may be unable to benefit from these new services, leaving them further behind in terms of access to justice. Therefore, the objective of “inclusive digital transformation” outlined in the National Strategy for Regional Development is of critical importance in mitigating this risk.
Whether artificial intelligence can provide “legal advice” is a legal grey area. The Solicitors’ Act stipulates that legal advice may only be provided by solicitors. It is therefore important for AI platforms to emphasise that they provide “information” rather than “advice”. In the future, there will be a need for legal regulations and certification mechanisms to oversee the quality and reliability of such services.
Artificial intelligence offers an unprecedented opportunity to address chronic issues in access to justice. By reducing costs, facilitating access to information and removing geographical barriers, it can make legal services accessible to a wider audience. However, realising this potential depends on the responsible development of the technology, the establishment of quality standards, and careful attention to any ethical and legal issues that may arise. When used correctly, artificial intelligence can open the door to a future where justice is not confined to courtrooms but is at everyone’s fingertips. This would represent a giant stride towards the true democratisation of justice.
