Are A.I. Lawyers a Legal Product or Legal Service?: Why Current UPL Laws Are Not up to the Task of Regulating Autonomous A.I. Actors

Authors

Sean Steward

Abstract

The rise of automation, particularly with the advent of large language models, presents a significant potential for the legal profession. While automation has traditionally focused on manual and repetitive tasks, A.I.'s evolution now allows machines to handle complex, thought-intensive work involving decision-making. This shift underscores a pressing issue: the American legal system lacks a clear definition of the practice of law. This becomes especially critical as A.l, an "autonomous actor," begins to take on roles that were previously exclusive to human practitioners. One company that exemplifies the advanced capabilities of modern A.I.-powered technology is Pactum Al Pactum's autonomous negotiation software is already in use by major corporations like Walmart and Maersk to automate their contract negotiation processes, from vendor selection to making offers and counter-offers. The capabilities of Pactum Al demonstrate the potential for A.I. to handle complex legal tasks traditionally performed by humans. However, they also underscore the regulatory challenges posed by these technologies. The current UPL laws, designed with human actors in mind, are ill-equipped to address the nuances of autonomous legal tools. This Article puts forward three key recommendations for the effective regulation of A.I.-powered tools in the legal space. First, it suggests that regulators should facilitate collaboration between attorneys and A.I. developers, ensuring that the former can work with A.I without risking UPL violations. Second, it stresses the importance of establishing a clear boundary between legal and non-legal work for autonomous systems. Finally, it proposes that regulations should strike a balance between consumer protection and the promotion of innovation in the legal tech industry. By addressing these areas, the legal profession can help A.I. technologies successfully and safely integrate into society while upholding the integrity and effectiveness of legal practice.

Recommended Citation

Steward, Sean (2025) "Are A.I. Lawyers a Legal Product or Legal Service?: Why Current UPL Laws Are Not up to the Task of Regulating Autonomous A.I. Actors," Hofstra Law Review: Vol. 53: Iss. 2, Article 4.
Available at: https://scholarlycommons.law.hofstra.edu/hlr/vol53/iss2/4