Attorney liability for legal malpractice or negligence may become even harder to prove, at least in high stakes, multimillion dollar lawsuits. That's because lawyers are being replaced by software. Good, some of you are thinking, the fewer lawyers the better. And who cares which of those multinational fat cats wins or loses?
But if the software misses a critical document just because its internal architecture wasn't set up to catch it, and the case is lost that should have been won, or the damages are gynormous when they should have only been bad, who ya gonna sue? The answer is no one. If the law firm acted reasonably in selecting that software, you're SOOL.
Malpractice premiums should be coming way down with this one.
If we allow our legal system to be governed by software at the top, with the big cases, how much longer before it rules small claims court? Or takes the place of juries? Do you want to have your claim, your right to a remedy, rest on technology, or on a legal system distilling hundreds of years of human experiences through the cultural filters of reasonableness and equity? Do you want a jury deciding your case, or an algorithm?