LegalTech 1.0, 2.0, 3.0, Tokenization, smart contract, AI, Eu ID. The use of technological solutions, increasingly often referred to as LegalTech,
in the administration of justice is nowadays necessary. It is impossible
to imagine courts functioning without information systems or
law firms not using electronic databases of case law and legal literature.
However, technology is developing further and starting to go beyond the
comfort zone of traditional legal services. Solutions are appearing which
can and sometimes do replace people in tasks which people used to deal
with not so long ago. Such solutions are e.g. those based on artificial
intelligence, resulting in various algorithms functioning in practice, not
always understandable for statistical users of legal services. This is, among
other reasons, why in many aspects the use of the LegalTech tool raises significant
doubts and leads to many unavoidable questions, including: Will
traditional lawyers survive? Will robots and automatons replace us? Will artificial
intelligence replace us in providing legal advice, creating contracts
or issuing judgments? Is the effectiveness of LegalTech tools greater than
the work of traditional lawyers? Or perhaps we are irreplaceable, irremovable
and have nothing to worry about, and the role of the lawyer will
not change? Of course, such and similar questions can be multiplied, and
the answer to them basically boils down to explaining what the various
LegalTech tools are, whether and how to implement them, and whether it
is necessary or just useful?
In this monograph we try to explore this research area and to bring
the reader closer to the next stage of development of law, which more
and more courageously uses various technological tools. Undoubtedly,
the previously separate “worlds” of law, engineering, information technology
and technology have come together in everyday life. Traditionally,
the law regulated technical issues, defined technical standards, influenced
the way IT systems were built or operated, including Internet platforms,
while engineers followed the advice or opinions of lawyers. It was the
law and lawyers who regulated technology and indicated the directions
of implementation. However, the last stage of the digital revolution has
quite significantly changed this situation, resulting in the equalization
of law and technology, and thus the influence of lawyers on engineers.
Increasingly, engineering is entering a domain that until recently was
reserved exclusively for lawyers, and information systems are effectively
replacing the work of a lawyer. In some aspects, such as Blockchain orBitcoin, engineering has even overtaken the law, forcing lawyers to learn,
pioneered research directions and forced new, necessary regulations on the
market. And, as you might think, more challenges lie ahead, and there is
no turning back from the digital road. It is the time of algorithms, the
time of legal technologization, the time of LegalTech. Therefore, the aim
of our research is not only to indicate how the law and the lawyer's work
is changing now, but also how much this area will change in the coming
years.
The book is an effect of scientific research of an inter-university team
of an international group of scientists dealing with problems of new technologies
and law in the aspect of digital economy 3.0 and economy 4.0.
The first results of the team's work have already been published in Polish
as part of the publication “LegalTech. Czyli jak bezpiecznie z narzędzi IT
w organizacji, w tym w kancelarii oraz dziale prawnym” (LegalTech. How
to safely use IT tools in an organisation, including a law firm and a legal
department), published by C.H. Beck (Warsaw 2021). The current publication
is a slightly revised and updated version of the Polish book, which
also includes new texts and a new perspective on the rapidly changing
technological reality that surrounds us.
The publication is divided into two parts. The first part is more theoretical
and explains the basic aspects and legal framework of technological
tools, while the second part presents LegalTech solutions functioning
in selected countries around the world. In the first part, we reflect on
the limits of technology, algorithms and various possibilities of applying
LegalTech tools in practice. In turn, in the second part, we show how
particular legislators have applied technological possibilities and how this
has improved the work of their judiciary.
Undoubtedly, our publication does not explain all aspects of technological
tools in the administration of justice. However, we believe that it can
provide a voice in the discussion on the current and future shape of the
legal services market. Therefore, we encourage you to discuss it with us.
Since the work has a collective character, it should be emphasised here that
the individual authors represent their own views. The fact that in such a
group we do not always agree on a particular thought, in our opinion,
only proves that we are open to other views, and the law is only the art
of interpretation, for which in the changing technological reality, there is
much room.We must add that the publication was financed within the framework
of a scientific project conducted at the Andrzej Frycz Modrzewski Krakow
Academy.
30.06.2021 Krakow, Dariusz Szostek, Mariusz Załucki