AI and the legal profession in Vietnam

Nowadays, the rapid development of Artificial Intelligence (“AI”) significantly impacts different aspects of life and industries. In the legal field, the application of AI sparks mixed controversies. However, it cannot be denied that the integration of AI in the legal profession pushes law practitioners to change their perspectives on the future of law practice.

1. What is truly AI? 

1.1 Introduction to AI and its early development

AI is a branch of computer science that involves creating operating systems that are capable of simulating and performing tasks based on human activities. The concept of AI first appeared in the 1950s. introduced by an American computer scientist named John McCarthy. While discussions around AI technology began in the 1980s, it has only recently gained world attention, especially with the emergence of Chat GPT.

As a result, the AI wave has swept across most countries and attracted considerable public interest.

1.2 The global AI wave and technological integration

Countries and technology companies are in the race to invent AI Robotic and tools. AI technology has been familiar to humans and actively integrated into various areas of life, particularly in the context of smartphone technology development.

In recent years, the world’s leading technology companies have applied AI technology in their robotic products, such as Jei Robotic, and Sofia Robotic, aiming to help humanity. This trend is evident in the Vietnam context as well, where the EDU 4.0 Educational Technology Forum framework has facilitated the Open Classroom Team Joint Stock Company to launch a made-in-Vietnam robot named Tri Nhan Robot successfully. This underlines how nations are also paying attention to AI development and considering it as an important component of their national process.

As a result, the development and application of AI in the legal profession are indeed recognized as a global trend, affirming the shared goal of countries in innovating AI robotics and tools.

1.3 The impact of AI on social and economic sectors

As we see how AI Robotic impact human lives, it is also worth turning our attention to Chat GPT’s emergence. The appearance of ChatGPT with a powerful marketing campaign startled people to realize that the development of AI technology has to provide one far. ChatGPT, short for Chat Generative Pre-training Transformer, is a chatbot developed by a startup called OpenAI.

As the name implies, ChatGPT is a chatbot that answers questions to provide detailed and valuable responses. To receive correct answers, people need to understand how ChatGPT works and propose the outcome. When Chat GPT was first introduced, it made a big splash and attracted a lot of attention from not only technology users but also the global community.

However, recent surveys revealed that Chat GPT has limitations when occasionally giving incorrect answers due to what experts call a software illusion. This issue may be partly caused by the use of outdated or unverified data sources and algorithms in ChatGPT. One thing to note is that both ChatGPT and AI technology application tools rely on data sources from the internet. Algorithms process this data to provide users with the corresponding results.

In Vietnam, ChatGPT is not as widely accepted as in other countries although its appearance also aroused public attention to the effects on social activities. Several forums have been organized to learn and evaluate the impact of ChatGPT on socio-economic development and the legal field. Up to now, the impact of AI in the legal profession in Vietnam remains limited. However, taking into account that science and technology constantly progress, the integration of AI technology into daily life is possibly predictable.

1.4 AI and the future of the legal profession

In the legal field, “AI and the legal profession” is the topic has sparked debates among law professionals about the possibility of AI replacing law practitioners in the future.  Currently, there are two opposing viewpoints on this matter.

One viewpoint is that ChatGPT or AI technology has impacts on the legal profession but to a limited extent – replacing tasks that don’t require specific skills.

The other viewpoint is that ChatGPT or AI technology can indeed replace the role of law professions shortly. While there are many different options related to the legal field, it is undeniable that AI technology is transforming the way we live and extending its influence across various industries, including the legal field.

From my perspective, the impact of AI on the legal profession is noticeable. Legal regulations and legal interpretation activities are commonly accessible to the public offering an invaluable source for the development and application of AI in the legal field.

2. Impact varies with data analysis and integration

The scope of influence depends on the underlying data warehouse and the process of data analysis and combination used to produce outcomes.

2.1 Internet and data collection

As mentioned above, the Internet is the richest and most extensive source of data. Tech companies then use algorithms to drive results from this data. Along with the development of social networks, the internet, and online and offline resources such as Google, Wikipedia, press releases, and even data from major authorities’ websites, the exchange and collection of data are extremely easy with just a few clicks.

Additionally, the development of computer science and data analytics has facilitated a favorable environment to effectively collect, process, and store vast amounts of data. With this understanding, the legitimacy of the underlying data sources should also be taken into consideration, especially in the era when data has become a valuable “commodity” for sales and purchases.

The reliability of data sources and the efficiency of processing technology greatly impact the accuracy of outcomes. However, most of the data from the internet has no clear origin and is not verified by any authority. As the right to freedom of speech is distorted and abused, the data on the internet becomes more confusing and reflects personal viewpoints. Moreover, there has even been the creation of misinformation to manipulate public opinion among others – sometimes also committing a breach of the law.

Furthermore, with these data sources, AI tools can give false results. At first, these deviations may be difficult to notice, but the more they are used, the more users and consumers are affected requiring users and consumers to be more cautious.

2.2 AI Tools and Accuracy

Besides, as mentioned above, data processing plays an important role in giving the correct answers. AI tools are programmed with algorithms which can produce inaccurate results if there are any technical or programming errors. When AI tools are mass-produced for profit, tech companies may be reluctant to disclose errors or take remedial measures. In many cases, programming errors, or any problems in the use of AI will lead to disruptions and difficulties, even harm to users or consumers. Such experience can change the perception of users and consumers and affect the trust level of AI.

2.3 ChatGPT: A unique approach

One key point that sets ChatGPT apart from previous chatbots is because of the algorithms that ChatGPT uses aimed at providing a more natural and conversational interface with users and consumers. ChatGPT can understand various contexts and situations that users and consumers might encounter.

Besides, the writing style of ChatGPT is user-friendly and creates a connection with the emotions of users and consumers. Moreover, as long as the user corrects, or adjusts the previous question, ChatGPT will immediately adjust its answer.

Thus, the capacity to propose responses based on the user’s input along with an understanding of search behavior helps Chat GPT to build the user’s trust and reliance.

2.4 AI and future predictions

AI’s ability to predict future legislation is possible, similar to AI making predictions about economic indicators, markets, etc. However, the level of accuracy depends on the data source and how AI analyzes that data. AI may give results based on information from draft laws published by competent authorities of countries, international organizations, and even policies, memorandums, or information about other law diplomatic visits by governments to make predictions.

However, as the name implies, AI’s “predictions” obtain a degree of uncertainty, its forecasts could be either right or wrong. AI can cause false judgments and trigger a more serious wave of criticism against national governments when AI’s predictions diverge from the policies and laws but are in line with users’ tastes.

3. AI application scope hinges on government acceptance

The scope of applying AI technology depends on the level of acceptance of the national government

3.1 AI development and global trends

The development and application of AI technology is a global trend. Also, it is a factor in the socio-economic development of nations and companies.

Therefore, this is believed to play a vital role in determining the position of technology companies and countries in the technological landscape. Shortly, the impacts of AI will develop and affect the economy and social life more and more deeply.

3.2 Social implications and legal challenges

However, along with the development and integration of AI technology, the problems of overabundance of unskilled labor and social security issues are looming large for most countries. The surplus of unskilled labor bears the potential for social problems, affects national security and the economy, and even extends its effect worldwide. Therefore, countries need to have a comprehensive

According to the information posted on the website https://asianews.network, the Members of the Association of Southeast Asian Nations (ASEAN) are now drafting the ASEAN Guide on AI Governance and Ethics, which is expected to be released in early 2024. Although the existence of a legal framework is essential, the process of establishing and developing these regulations has still been sluggish—a strategy with a clear plan for retraining, job creation, and social security policies.

Furthermore, the development of AI must not threaten the healthy and natural development of children. Children need a natural environment that nurtures their physical and mental growth, contributing to their healthy and comprehensive development.

AI technology’s development can help to bridge the wealth gap, particularly with robust regulation from countries and international organizations. Otherwise, it will create a rich-poor divide more clearly.

Concerns about AI have spread widely, including user and consumer safety and human rights protection. These concerns stem from AI’s complexity, opacity, unpredictability, autonomy, and data dynamics. For example, tools like ChatGPT have been misused for tasks such as drafting, news synthesis, consulting, and even legal advice. Foreseeably, this bears the potential to create misleading results.

3.3 Legal frameworks and international efforts

Hence, to fulfill the management role, countries need to have legal frameworks to regulate relationships arising or related to AI such as civil relations, compensation liability, intellectual property issues, limited AI applications, responsibilities of AI’s developers and users, consumers, etc.

Up to now, countries and organizations around the world have initiated efforts to promulgate a legal framework for AI-related relations such as China, Thailand, India, Japan, Canada, and the United States of America, but most are currently in draft form. According to the information posted on the website https://asianews.network, the Members of the Association of Southeast Asian Nations (ASEAN) are now drafting the ASEAN Guide on AI Governance and Ethics, which is expected to be released in early 2024.

Most recently, the EU Commission issued the AI Act 2021/0106. Despite facing significant opposition, the AI Act underscores the importance of human oversight in AI systems rather than by automation to mitigate potential harmful outcomes. Although the existence of a legal framework is essential, the process of establishing and developing these regulations has still been sluggish.

3.4 National strategies and regulatory challenges

Thus, most countries and international organizations and associations are aware of the need to establish a legal framework to regulate AI-related relationships while controlling self-effects and potential risks that AI may cause.

Normally, laws are formulated in two ways:

• predicting possible future social relations promulgating governing regulations, and
• promulgating legal provisions to govern existing social relations. In this case, legislators need to do both.

The delay in formulating and developing a legal framework governing AI-related relations is due to traditional legal concepts linked to the identification of a legal entity as either an individual or an organization. Acknowledgment of an independent AI entity is not easy to recognize by the masses and is a challenge for the rulers to maintain social order.

Vietnam, like most countries in the world, currently, still lacks a legal framework for AI. Subject to Decision 127/QD-TTg dated 26 January 2021, the Vietnamese government promulgated a national strategy for the research, development, and application of AI by 2030. Thus, Vietnam, following the global trend of the world, also considers the development and application of AI. Accordingly, the Prime Minister of Vietnam assigned the Ministry of Justice to develop and complete additional legal documents on the legal responsibilities of subjects related to AI matters.

3.5 Intellectual property, data protection, and societal impact

Subject to the Civil Code 2015 issued by the Vietnamese National Assembly, there are two entities recognized by Vietnamese law as an individual and a legal entity. In the future, if AI is to be independently engaged in civil relations, it must be recognized as an independent entity. When AI participates in civil relations under human supervision, there needs to be a mechanism for governing its copyrights level of participation, influence, decisiveness, and consequences.

Besides, the issues of intellectual property rights with AI products have also received much attention from domestic and foreign technology companies. AI products will be recognized in the form of copyright for technology products or otherwise. Moreover, if limits are not set, the abuse of AI and data will also lead to unpredictable consequences without solutions, infringing on fundamental human rights. This is a deeply complex challenge for countries, including Vietnam.

Additionally, AI is capable of subtly “plagiarizing” the works of authors and even other AI systems that is difficult to detect. This will affect people’s creativity and creative needs, making people lazier, more sluggish, less intelligent, and losing social skills, especially the younger generation when the abuse of technology takes place with great intensity. The protection of copyright in these circumstances puts legislators and countries in a dilemma.

Although Vietnam already has a legal framework for data protection, and copyright protection such as:

• the Constitution,
• the Law on Cyberinformation Security,
• the Law on Cybersecurity,
• Law on Intellectual Property,
• Decree 13/2023/ND-CP, etc.

In general, regulations related to data protection, and copyright protection need to be more detailed to prevent illegal data trading activities. The control of data input and output of AI products should also be considered to avoid unfortunate consequences. However, these current regulations cannot regulate all social relations arising or related to AI shortly. Therefore, it is necessary to complete the relevant legal framework.

On a broader scale, AI will also impact legislative bodies law enforcement agencies, and the public. Therefore, it is necessary to have a comprehensive approach to the development and application of AI in life and the legal field to create unity and ensure that the legal provisions are appropriate and agreed upon by the majority of citizens as well as exercise the right to manage the state.

4. AI’s potential to replace law practitioners

4.1 Enhancing Professional Expertise with AI

The practice of law in different countries is quite similar. Whether under the common law or civil law system, law practitioners must typically undergo the prescribed training period and obtain relevant certificates and degrees. This will also limit the use of AI products in some circumstances to practice law.

In addition, constantly enhancing professional expertise and skills is extremely important. With an AI entity based on large data storage and fast processing speed, it will be able to immediately replace the role of legal assistants or newly graduated legal students. AI is ideal for tasks that prioritize speed and accuracy. For instances, these tasks are simply like document management, basic legal functions, and simple contract generation.

4.2 AI’s role and legal recognition

Up to the present time, several law practitioners have applied ChatGPT to perform some simple activities such as drafting, reviewing contracts, storing data, etc. Besides, there are some AI abuses for translation, drafting, and legal consulting tasks without the control of a legal professional. It is hazardous to rely too much on AI.

It is crucial to recognize that AI is not an independent entity. While AI has made significant strides in various fields, its legal status is still evolving. Many jurisdictions have not yet established specific laws or regulations governing AI products and services. While law-practicing individuals and organizations can use AI as a supportive tool for their work to reduce time and costs, especially in managing Client data and arranging schedules, managing records, and making reports. The results are still under control and accountability by these professionals

4.3 Impact of AI on career development

However, besides the above advantages, the downside will limit the career development of newly graduated law students, even those who have practiced law for a long time. Depending on the specific circumstances and tasks, it might be more advantageous to use AI to assist law practitioners. However, there will be situation where human judgement and intuition remain indispensable.

In the not-too-distant future, AI may even have the dominant human trait of empathy, but to a lesser extent. However, a world dominated by AI is extremely dangerous. Instead, people with inherent abilities will always retain their place in society. Vital factors such as empathy, comprehensive and detailed assessment of the problem, and understanding of the client’s insight desires, and needs will continue to reaffirm the essential role of law practitioners in the developing landscape of AI.

It took a long time for the development and integration of AI into a socio-economic context to reach the point of relative saturation. At that time, the law industry will develop in parallel with the application of AI but still ensure the rights and benefits of law practitioners.

5. AI’s reduction of legal services and clients

AI decreases the number of clients and scope of services for law organizations and practitioners

5.1 AI’s impact on the Legal profession

Derived from ChatGPT, one of the risks that law organizations and practitioners face is the reduction in the number of clients and the range of services. ChatGPT’s continuous improvement can enhance the accuracy of the data warehouse. We can expect trust in ChatGPT to increase as its responses better align with user preferences. Clients today are very smart and skilled in finding the correct answers by comparing search results to practice AI-generated outcomes.

When these AI applications increasingly offer convenience for clients, cost-effectiveness (almost no cost), wide coverage, and increased reliability, the selection of AI-powered solutions to solve or explain legal issues increases.

Accordingly, some legal services of organizations and individuals practicing law will be redundant. Following ChatGPT, there will be more AI tools that designed for legal field. In fact, AI can be replace practitioners and also reduces the need of work which involves human. This raises concerns about the potential impact on individuals’ professional growth within the legal field.

5.2 Adapting to AI in Legal professions

To meet that challenge, law practitioners must constantly hone their knowledge and skills to compete, control, and integrate AI as a tool for their professional growth.

The confidentiality of legal opinions and advice supposed to be at the priority. There must be mechanisms and solutions implemented to prevent AI from subtly plagiarizing, which is difficult to detect under the assurance of  the national and international laws.

5.3 Specialization and complex Legal services

Regarding the scope of legal service provision, law practitioners will have to perform more specialized and complex legal services, requiring soft skills and the ability to understand clients’ needs and connect with clients to solve any problems that AI cannot or does not perform comprehensively. In the market economy, clients are rarely loyal to a brand product, or service but tend to choose them based on the evaluation of the benefits and advantages.

Therefore, law practitioners must always be ready to upgrade their services, seek new clients, and leverage AI in the legal professions to develop their careers.

5.4 Regulatory framework and AI development

In short, the application and development of AI in the legal profession is a worldwide trend, forcing countries to recognize and build the necessary and comprehensive legal framework to regulate social interactions. Al will become relevance in the legal field. This will cause a huge impact on law practitioners, particularly lawyers and legal experts. As a result, in the near future “AI and the legal profession” will become increasingly popular.

From another perspective, the country’s judicial system plays an important role in carrying out state management, and law practitioners in general, and lawyers, in particular, contribute to the state to achieve this goal. The state’s responsibility is to maintain the stability of society. 

Therefore, the development and application of AI in the legal profession must go hand in hand with maintaining the sustainable stability of the economy and ensuring people’s lives. AI development and application in the legal profession aim to support, protect, and enhance human spiritual and material life. Implementing AI regulations can mitigate the risks of human rights abuses, promoting human development and creativity. 

Work is a powerful catalyst for nurturing creativity and developing essential human skills. Finally, the liberation of humanity from labor must be undertaken with caution and regulation.

Conclusion

The emergence of AI has marked a paradigm shift in the legal field, challenging established norms and necessitating a reexamination of the profession’s trajectory. There is undeniable impact when it comes to integrate AI in the legal landscape, forcing law practitioners to adapt and embrace with these technological advancements. However this shift can lead to increase efficiency. As AI continues to evolve, law practitioners must adapt to these technological advancement in order to remain competitive in the evolving legal world.

Learn more about another aspect related to the legal profession: “Diversity and inclusion in the Legal Profession in Vietnam“: [link]