隨著人工智慧科技的潮流,台灣許久未受關注的法律科技議題再度被提起。法律科技帶給律師業顛覆性的變革,不僅原本由律師助理與受雇律師完成的任務,例如法律檢索、文件審閱等工作,得透過人工智慧來完成,大幅節省成本與降低錯誤率,另一方面也使非律師組成的新創團隊得藉由技術的優勢,進入傳統由律師所壟斷的法律服務業市場。法律科技的功能,就科技協助律師部分,科技可以協助律師執業,但不能取代律師的職責。若律師過度信賴科技卻忽略了獨立判斷的能力,此將有違律師的倫理要求。另一方面,若允許非律師提供法律服務,除了有可能構成無照執業外,法律服務業的市場也將遭受瓜分。此外網路科技的發展,使得律師不必擁有實體的事務所,即可以在各地與當事人進行接洽;律師透過社群媒體來經營自己的事業,亦屬多見。然而此類律師事務所的新型經營模式,仍然必須遵守律師倫理的要求。本文擬將針對上述議題所涉及的律師倫理問題進行剖析,確認現行律師倫理規範是否能夠因應科技的發展,並指引律師應如何使用這些新技術的方向。
With the advent of ROSS Intelligence, LegalTech that has long been unnoticed has swept Taiwan again. LegalTech bring the disruptive revolution to the lawyer industry. The tasks originally performed by paralegal and associate, such as legal search and document review, can be accomplished through artificial intelligence, which will greatly save cost and reduce the chance of errors. It also allows non-lawyers, with the advantage of technology, to join the legal service market that was monopolized by lawyers. From the perspective of the LegalTech functions, it can assist lawyers with working, but it cannot replace the duties of lawyers. When the lawyer is over-reliant on technology but ignores the ability to judge independently, it will violate the ethical requirements for the lawyer. On the other hand, if non-lawyers are allowed to provide legal services, not only it may constitute unauthorized practice of law, but the market for the legal services will be carved up. In addition, the development of Internet has made it unnecessary for lawyers to have physical offices, which enables lawyers to communicate with clients in various places. It is also common for lawyers to run their own businesses through social media. However, the new business model of such law firms still has to comply with the requirements of lawyer ethics. This article intends to analyze the ethical question of lawyers involved in the above issues, and to confirm whether the current ethics of lawyers can respond to the development of LegalTech, and to guide the lawyers on how to use these new technologies.