Artificial intelligence is rapidly changing the way most industries work and the conveyancing profession is no exception. From reviewing legal documents and identifying potential errors to streamlining administrative tasks, AI offers the potential to transform the conveyancing process.
But as the technology develops and is more in use, many important questions are arising:
- Does AI bring new and unnecessary risks to the profession?
- Do the benefits of AI outweigh the negatives?
- What happens if AI gets it wrong?
In order to decide whether the benefits of AI exceed the negatives, each side of the debate needs to be considered.
Benefits:
1. Time saved: AI can be used to review standard documents, draft routine correspondence, identify missing information and extract data from HM Land Registry documents to name but a few. This will save property lawyers time, allowing them to dedicate more resource to complex work and client communication.
2. Helps to identify errors and omissions: AI can be used to check documents for missing witness details, errors in names or property descriptions and inconsistencies between applications and title register information etc. These checks can in turn, avoid requisitions by identifying
these types of errors before applications are submitted.
3. Improved productivity: AI can be used to prepare task lists, organise spreadsheets and draft routine responses.
4. Improved client communication: AI can be used to interpret legal terminology into plain English explanations, allowing communications to clients to be tailored to their needs. This should reduce the number of client queries.
Negatives/Risks:
1. Incorrect or misleading information: AI can produce convincing but incorrect answers, misunderstand legal nuances or overlook rules and procedures. This could lead to incorrect advice being given, requisitions being raised or missed legal issues. It may also be impossible for AI to understand the full history of a transaction or title which could lead to inconsistencies. It must be remembered that a property lawyer remains responsible for checking all advice given is correct. AI cannot be solely relied upon.
2. Confidentiality and data protection: Uploading client information into an AI tool can expose confidential date if the correct safeguards are not in place. It must be understood how the AI provider processes, stores and protects the data provided to it. The SRA specifically warns against entering confidential client information into inadequately protected tools. (www.sra.org.uk/solicitors/guidance/misuse-ai/)
3. Over-reliance on technology: It is easy to become dependent on AI and assume the checks carried out by it are conclusive. AI cannot replace legal knowledge and experience built up over a number of years. Human review
and judgement are still essential.
4. Cost and implementation: AI tools are very expensive to create and test. In addition, to use an AI tool staff training may be needed, integration with a firm’s case management system, subscription and implementation costs as well on ongoing updates, maintenance and testing.
Conclusion:
Is AI the way forward for conveyancing? There is no correct answer here, but technology and progress cannot be stopped so whether we agree with the use of AI within conveyancing or not, we need to accept that it is here for the foreseeable future and its use within the profession will only get greater.
It appears obvious that AI will benefit certain areas of the conveyancing process more than others, such as submitting applications to HM Land Registry and reducing requisitions, however its adoption also brings risks. AI is not infallible, but when used responsibly it could make conveyancing faster and more efficient.
Is AI good for conveyancing? Potentially yes, but only when used as a tool to support the property lawyer rather than a substitute for professional judgement and experience. Law firms will need to decide which tasks AI can perform well and which tasks should remain under human control.
