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The use of AI in corporate transactions and the threat to career development opportunities

22 June 2023

Written by Swinburne Maddison

Artificial intelligence (AI) can play a significant role in assisting with the due diligence and disclosure process in corporate law transactions. Due diligence is a critical step in mergers and acquisitions, where lawyers review and analyse vast amounts of data to identify risks, liabilities, and opportunities associated with the transaction. Here’s how AI can help in this context:

  1. Data analysis and extraction: AI-powered tools can quickly analyse and extract relevant information from large volumes of documents, such as contracts, financial statements, and regulatory filings. Machine learning algorithms can identify key terms, clauses, and data points, making the due diligence process faster and more accurate.
  2. Document categorisation and organisation: AI can categorise documents based on their relevance, significance, or potential risks. It can automatically classify documents into different categories, such as contracts, permits, or litigation records. This helps lawyers efficiently navigate through the extensive documentation and focus on areas that require closer scrutiny.
  3. Risk assessment: AI can assist in identifying potential risks and red flags by analysing patterns and anomalies within the data. It can flag inconsistencies, missing information, or potential compliance issues, enabling lawyers to investigate further and mitigate risks.
  4. Contract analysis: AI-powered contract analysis tools can review and compare multiple contracts, identifying similarities, discrepancies, or non-standard clauses. This helps lawyers identify potential issues and ensures compliance with legal requirements.
  5. Data visualisation: AI can generate visual representations, such as charts or graphs, to help lawyers gain insights from complex data sets. This visual representation enhances the understanding of the due diligence findings and aids in communicating the results to clients or other stakeholders.

Despite the benefits, it’s crucial to recognise the limitations of AI in the legal industry:

  1. Lack of contextual understanding: AI systems primarily rely on historical data and predefined algorithms. They may struggle to interpret complex legal concepts, understand the nuances of language, or consider the broader context of a legal matter. Human judgment and legal expertise remain essential in assessing the relevance and significance of information.
  2. Ethical considerations: AI relies on the data it is trained on, which may be biased or incomplete. Care must be taken to ensure that AI systems do not perpetuate or amplify existing biases in legal decision-making. Maintaining ethical standards and transparency in AI development and deployment is crucial.
  3. Data security and privacy: AI systems often require access to sensitive and confidential data during the due diligence process. Ensuring robust data security measures and compliance with privacy regulations is essential to protect client information.

While AI offers immense potential, there are concerns about the impact on junior professionals in the legal industry:

  1. Automation of routine tasks: AI can automate certain repetitive tasks, such as document review or legal research. This may reduce the need for junior professionals to perform such tasks, potentially limiting their learning opportunities and professional growth.
  2. Shift in skill requirements: As AI becomes more prevalent, the legal industry may demand professionals with a combination of legal knowledge and technological skills. Junior professionals will need to adapt and acquire proficiency in AI technologies to remain competitive in the job market.
  3. Need for continuous learning: The legal profession is evolving, and junior professionals need to continuously update their skills to keep up with technological advancements. Embracing AI and developing a strong understanding of its capabilities and limitations can help junior professionals navigate the changing landscape and find new opportunities for career development.

In conclusion, AI can greatly assist with due diligence and disclosure processes in corporate law transactions. It can expedite data analysis, enhance risk assessment, and improve overall efficiency. However, it’s crucial to acknowledge the limitations of AI and address potential threats to the career development of junior professionals. By embracing AI and investing in continuous learning, legal professionals can leverage its benefits while maintaining their indispensable role in providing strategic advice, critical thinking, and ethical decision-making.

This article was created using ChatGPT, with input from Alex Wilby.

For further information or to discuss a business-related matter – please contact Partner, Alex Wilby, by phone on 0191 384 2441 or by email at aw@swinburnemaddison.co.uk

This article is for general information only.  It does not and is not intended to constitute legal or professional advice. The law may have changed since this article was published and we would always recommend that you seek specific advice on any particular legal issue.

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