Drew Simshaw, ‘Interoperable Legal AI for Access to Justice’

ABSTRACT
The access-to-justice gap is growing, affecting individuals with both civil and criminal needs in the United States. Though these challenges are multifaceted, procedural barriers in the US legal system can often inhibit access-to-justice efforts. The resulting inequities undermine fairness for those interacting with courts and jeopardize the legitimacy of the broader legal system. Legal technology driven by artificial intelligence (AI) has been heralded for its potential to combat these challenges on three access-to-justice fronts that are often conceptualized in isolation: a consumer (ie, self-help) front, a legal-service-provider front, and a court front. Progress on each of these fronts is apparent, though not at the pace or scale necessary to make meaningful inroads into closing the justice gap nationwide. The time has come to appreciate that, although progress on all three fronts is necessary for closing the justice gap and maximizing fairness, it is insufficient if there is not also some level of shared commitment and coordination across – and not just within – all fronts. This Essay argues that technological and procedural legal interoperability – that is, widespread consistency in technology design and related processes – should be at the forefront of these efforts, particularly as they relate to artificial intelligence. Further, although the consumer and legal-services fronts remain critically important, courts should be recognized as the necessary drivers in achieving this interoperable legal AI.

Drew Simshaw, Interoperable Legal AI for Access to Justice, Yale Law Journal Forum (14 March 2025).

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