The Justice Gap and AI - Scales of justice with AI neural network
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    Lawyers, Leaders, and the Age of AI

    Embracing an Historic Mission in a Digital World

    Matthew A. Mishak

    Matthew A. Mishak

    Attorney & AI Legal Strategist

    January 202620-25 min read

    Introduction: A Historic Mission Meets a New Era

    For centuries, legal professionals have played a historic role in helping people solve society's most complex problems. Lawyers draft the contracts that undergird commerce, defend individual rights in court, and advise leaders through social upheavals. From founding fathers who were lawyers framing constitutional principles to modern attorneys fighting for civil rights, our profession's mission has always been to "hold things together, maintain order, and give advice" in times of change. That mission remains vital in the age of Artificial Intelligence (AI).

    Technology may be transforming how we live and work, but it does not diminish the need for human judgment, advocacy, and ethical leadership. If anything, rapid innovation makes the lawyer's guiding hand more important than ever. Today, we stand at a crossroads: embrace new tools like AI to expand our impact, or risk falling behind and leaving countless people without the legal help they desperately need.

    "Lawyers are built for this. We've been honing the exact skills AI demands all along."

    This article is a call to action for legal professionals. It urges us not to fear technology, but to harness it as a force-multiplier for good. Why? Because the unmet need for legal help in America has reached crisis levels, and lawyers must step up to design the legal frameworks of the future. By leaning into our long-held problem-solving mission – now supercharged with AI – we can bridge the "justice gap," scale our services to more people, and reaffirm our role as trusted advisors in a rapidly changing world.

    The Justice Gap: America's Silent Crisis in Legal Needs

    Every day, millions of Americans face civil legal problems that threaten their homes, families, and livelihoods – yet most will receive little or no legal assistance. The Legal Services Corporation's 2022 Justice Gap Study reveals a staggering reality: low-income households received no or inadequate help for 92% of all the substantial civil legal problems they encountered. In other words, when low-income Americans faced serious issues like eviction, domestic violence, denial of benefits, or debt collection, more than nine out of ten times they had to navigate those problems without meaningful legal aid. This "justice gap" – the chasm between legal needs and available help – is one of the most urgent but least understood crises in our justice system.

    How Widespread is the Problem?

    74%

    of low-income households experience at least one civil legal issue per year

    39%

    experience five or more legal issues

    55%

    say problems significantly disrupt their lives

    These aren't minor hassles. The most common issues involve basic needs: housing disputes, problems accessing health care, consumer debt, and income maintenance matters (like disability or unemployment benefits). Each statistic represents real people: a single mother fighting an unlawful eviction, a veteran seeking benefits, a family wrangling with medical bills. And yet, in 92% of situations that deeply impact these individuals, they cannot get the legal help required.

    Why Are So Many Going Without Help?

    The Justice Gap Study identified multiple barriers that keep people from accessing lawyers:

    Cost is the #1 Barrier

    "I can't afford a lawyer" is a common refrain. About half (46%) of low-income people who did not seek legal help cited worries about cost as a major reason. Even before reaching a courthouse, the price tag of legal services scares away those who need it most. With average attorney rates often $200–$300/hour or more, justice often feels out of reach for working families.

    Lack of Knowledge or Trust

    Many people don't recognize their problem as legal, or don't believe a lawyer could help. In fact, among low-income Americans who faced civil issues, only 25% sought any legal assistance at all. Shockingly, one survey found that only 5% of those with legal troubles understood that a lawyer could help with all their issues. Indeed, more than half of low-income Americans are not confident they could even find and afford an attorney if they needed one. And perhaps most telling: only 28% of low-income Americans believe people like them can get the help they need.

    Geographic Disparities

    Access to legal help isn't uniform across the country. Rural communities and certain high-poverty regions often have fewer lawyers and legal aid offices per capita. For example, the American South – which has the nation's highest concentration of people below the poverty line (18% of the population) – also sees a particularly acute justice gap. Low-income residents in Southern states sought legal help for only about 25% of their substantial legal problems, and an astonishing 93% of those problems went unresolved. Vast "legal deserts" exist in parts of the country, leaving many Americans effectively on their own.

    COVID-19 Impact

    The pandemic poured fuel on the fire. Civil legal needs surged during the pandemic, and vulnerable communities were hit hardest. One-third of low-income Americans had at least one civil legal problem in the past year directly related to COVID-19. Suddenly, unemployment filings, stimulus check issues, evictions, and remote schooling disputes flooded in. The result: the justice gap widened further, with 91% of pandemic-related legal problems among low-income Americans receiving inadequate or no legal help.

    "Every day, our neighbors lose their homes unjustly, are subject to domestic violence without protection, or are denied their benefits — the consequences of facing legal problems without assistance are acute and unnecessary."

    — LSC President Ron Flagg

    A fundamental truth emerges from these findings: our civil justice system is failing the vast majority of Americans who need it. Despite the ideal of "justice for all," being poor often means going without justice. Unlike criminal cases, where defendants have a right to a lawyer, civil matters offer no such guarantee – even when one's home, health, family, or safety is on the line. Legal aid nonprofits try to fill the gap, but they are overwhelmed. Each year, low-income individuals bring roughly 1.9 million legal problems to LSC-funded aid organizations, yet those organizations must turn away about half of the requests due to lack of resources.

    Lawyers as Problem-Solvers: Why This Mission Still Matters

    Some may ask: with so many unmet needs, can we really expect lawyers to solve these problems? The answer is an emphatic yes – because solving complex human problems is exactly what our profession was created to do. We, as lawyers, are trained to navigate complexity, advocate for the vulnerable, and find solutions within a maze of rules. Our work has always been about impact. When someone's life is falling apart – whether due to illness, unemployment, or abuse – the lawyer's calling is to step in and help put the pieces back together.

    That mission hasn't changed in the age of AI or during a pandemic; if anything, it's become more critical. As one commentary on the justice gap put it: "The human costs of the justice gap are sobering, and those of us in the legal community should be particularly concerned about the study's findings." If we believe in our oath and our role, we must confront this crisis.

    Fortunately, technology – and AI in particular – offers a ray of hope. The same Justice Gap Report that paints such a dire picture also suggests that innovation can help close the gap. It's not that technology will replace lawyers; rather, technology can empower lawyers to reach more people, more efficiently and affordably. We are seeing early signs of this potential. Pro bono hotlines, online self-help tools, and court systems adopting remote hearings during COVID-19 all showed that new approaches can lower barriers for clients. Now, artificial intelligence stands to amplify those gains dramatically.

    Overcoming the Profession's Aversion to Risk and Change

    Despite the clear need for innovation, the legal profession has a well-earned reputation for being risk-averse and resistant to change. Caution and skepticism are, to a degree, baked into legal DNA – and for good reason. Clients trust us with their most important matters, and a mistake can be costly. Lawyers are trained to prioritize precision, predict worst-case scenarios, and uphold precedent. As Thomson Reuters observed, "the practice of law is inherently risk averse; lawyers are known for writing long memos warning what might go wrong."

    This commitment to caution, while valuable, can become a double-edged sword. In a time of rapid technological change, overzealous risk-aversion can translate into paralysis. Firms cling to the familiar ways – paper files, wet signatures, hours of manual research – long after better tools emerge. The result? The legal industry often lags years (if not decades) behind other sectors in innovation.

    The Cost of Inaction

    Yet, clinging to the past poses its own risks. If we fail to adapt, the justice gap widens, client dissatisfaction grows, and we risk irrelevance. The world is not waiting for lawyers to catch up. As Attorney Aaron Crews (Partner, Holland & Knight) warned at Legal Week 2023, "Those who embrace this technology will be very far ahead very quickly — and very, very hard to catch."

    Reframing Risk in Legal Innovation

    It's time to reframe how we view "risk" in the context of legal innovation. Instead of asking, "What might go wrong if we try something new?", we should also ask, "What will go wrong if we don't?". Yes, any new tool or process must be vetted, but an aversion to all risk is itself a risk – the risk of stagnation.

    "If the legal market is being reshaped as quickly as the Industrial Revolution — only faster — then lawyers can't afford to sit back. Clients aren't just looking for representation; they're looking for trusted advisors to help navigate the future we're walking into."

    AI as a Force-Multiplier for Good: Scaling Access to Justice

    If there is a silver bullet for addressing the justice gap (or at least making a serious dent in it), responsibly-deployed AI might be the closest thing we have. Artificial intelligence – especially the new wave of generative AI like OpenAI's GPT-4 – can process information and generate results at speeds and scales humans simply cannot. This doesn't mean AI replaces the nuanced counsel of a human lawyer. Instead, AI can handle the repetitive, time-consuming tasks, enabling lawyers to focus on client interaction, courtroom advocacy, creative problem-solving, and other uniquely human aspects of lawyering. In other words, AI can be a "force multiplier" – it multiplies the effect of each lawyer's effort, allowing one attorney to do the work that might have required several, or to serve clients who previously would have been turned away.

    Real-World Example: Expungement Cases

    Consider a powerful example from my own practice: We developed a custom AI tool (a specialized GPT-based system) to help with expungement and record-sealing cases in Ohio. Normally, determining if someone is eligible to clear their criminal record is a tedious process – an attorney must pull court dockets for every charge, check various eligibility criteria, and identify any disqualifying factors. It could take 4–5 hours of painstaking review per client.

    Using AI, we trained a model on the nuances of our state's expungement laws. When we tested it, the results were astounding: our integrator fed in a client's case data and the AI produced a comprehensive analysis in about 8 minutes, flagging a single old case that would block the client's other records from being sealed. What used to take half a day of an attorney's time now took only moments.

    4-5 hours

    Traditional manual review

    8 minutes

    With AI assistance

    Across the industry, similar stories are emerging. Legal aid organizations are experimenting with chatbots that guide users through preparing court forms. Law firms are using AI-driven document review to handle discovery on large cases in a fraction of the time, cutting costs for clients. Even courts are piloting AI tools for scheduling and basic triage of cases.

    The through-line is clear: AI can dramatically increase efficiency, which in turn can lower the cost of legal services and expand their reach. By automating routine work, law firms can afford to serve clients who previously were priced out or ignored. When a task that took five billable hours can be done in one, that's four hours of savings that can be passed on to the client or reallocated to other matters. Firms that embrace AI may be able to offer "unbundled" services or flat fees for common issues – meeting the needs of middle- and low-income clients who otherwise walk away.

    "By making legal work more affordable, firms can serve clients who would otherwise be left out. That means more access to justice, more clients served, and more business opportunities for firms willing to embrace it."

    Safety and Guardrails

    Of course, "safety" is the operative word. We must acknowledge AI's limitations and risks: these systems sometimes generate incorrect or even fabricated information ("hallucinations"), they lack true understanding of nuance, and they carry potential confidentiality issues if not handled properly. Using AI in law practice without safeguards could indeed lead to mistakes or ethical breaches. But the solution is not to banish AI – it's to implement AI with appropriate guardrails.

    Think of AI as a very powerful junior associate: incredibly fast and tireless, but in need of supervision. You never let it work unsupervised. As the attorney, you remain the final reviewer, editor, and strategic decision-maker.

    Designing the Legal Frameworks of the Future

    America's legal infrastructure undergirds every major system: our financial markets (built on contracts and regulations), our healthcare system (with its web of laws and patient rights), our democracy itself (elections, governance, constitutional protections). As society hurtles into the future, new frameworks are needed for emerging technologies and challenges. Think about AI-driven decision-making, autonomous vehicles, biotechnology, cybersecurity, climate adaptation – each of these arenas needs smart legal rules and oversight.

    Lawyers must be at the table to design the frameworks that will govern these advancements. If we abdicate that role, tech companies or others will fill the void, perhaps with less regard for ethics and equity. We should see ourselves as not just participants in the legal system, but architects of it.

    Our profession's historic mission gives us a mandate here: we are the ones society has long trusted to balance competing interests, to write laws that stand the test of time, and to advise policymakers on the implications of new ideas. Now, we have to apply those skills proactively to the frontiers of change. This is not the time for lawyers to sit on the sidelines.

    The COUNSEL Framework: A Practical Model

    One practical model to begin safely integrating AI into legal work is the "COUNSEL" method. Developed as a set of guardrails for Mishak Law's own AI adoption, the COUNSEL framework is an acronym encapsulating the key principles and best practices for lawyers using AI:

    C

    Confidentiality

    Always maintain client confidentiality and data security. Before using any AI tool, verify how it handles data. Never input sensitive client information into a system unless you have absolute assurance of privacy. Establish firm policies on what can/cannot be shared with AI systems to avoid breaches.

    O

    Oversight

    Know the technology and keep a human in the loop. Treat an AI output like a draft from a junior intern – review everything. Understand the tool's limitations and implement a review process where any AI-generated work is thoroughly checked by an attorney before it goes out the door.

    U

    Understanding

    Stay educated on how AI (especially large language models) works and how it's evolving. You don't need a PhD in computer science, but know the basics: these models predict text based on patterns, they don't "know" truth, and they can err.

    N

    Notice

    Be transparent with clients about your use of technology. If you use an AI tool to help draft a memo or analyze their case, let them know how it's being used and the benefits. Transparency builds trust. Clients don't want to feel tricked; most will appreciate that you're leveraging cutting-edge tools for their benefit.

    S

    Scrutiny

    Scrutinize and fact-check AI outputs. If the AI draft of a brief cites cases, read every case to ensure it's real and on-point. If it summarizes a statute, double-check the statute. Adopt a mindset that AI will make errors or omissions – your job is to catch and correct them.

    E

    Equitable Fee Sharing

    Pass the efficiency gains to your clients (within reason). If AI helped you do a task in 2 hours that would've taken 5, don't bill for 5 just because "that's the usual rate." Not only is inflating hours unethical, it undercuts the very promise of AI – which is to make legal services more affordable.

    L

    Learn

    Continuously learn from experiences. If something doesn't work perfectly the first time, treat it as a learning experience, refine the process, and try again (within ethical bounds). This iterative improvement is how technology – and human skill – gets better.

    Your Next Steps

    So, what can you do next, starting today, to be part of this movement?

    1.

    Learn and Experiment

    If you haven't already, try out a well-regarded AI legal tool on a low-stakes task. Use a generative AI to summarize a recent case or generate a first draft of a contract clause, then evaluate its work. Hands-on experience will demystify the technology.

    2.

    Audit Your Workflow for Pain Points

    Identify the most time-consuming or costly processes in your day-to-day work (research, document review, form drafting, client intakes, etc.). These are prime candidates for AI or automation to step in and assist.

    3.

    Educate Your Team and Build Buy-In

    Share articles and success stories with colleagues. Host a lunch-and-learn about the justice gap and how technology can help. Change can be unsettling – engaging your team in open dialogue about risks and benefits is key.

    4.

    Engage with the Broader Community

    The access-to-justice crisis won't be solved by one firm alone. Consider partnering with legal aid organizations or hackathons to lend your expertise. Maybe your firm can support a pro bono project using AI.

    5.

    Advocate for Supportive Policies

    Join bar committees or local initiatives looking at ethics rules, court technology, or funding for legal services. Lawyers have a powerful voice – use it to advocate for reforms that can enable broader access.

    Above all, keep the mindset that our profession's core mission is not only intact, but elevated, in this era. In the age of AI, clients still need wise counselors, courageous advocates, and ethical champions. They need us – but augmented by the best tools available. The law has always been about human ideals; now it's also about human-and-machine synergy to reach those ideals.

    The challenge before us is significant. But as we've explored, lawyers have met great challenges many times in history. We have abolished injustices, guided societies through upheaval, and used the law to create a more just world. Today's justice gap is our challenge to conquer, and AI is a new tool to aid in that fight. The invitation is open: be bold, be informed, and be willing to lead. The future – and millions who need legal help – are counting on us.

    Let's get to work.

    About the Author

    Matt Mishak

    Matt Mishak

    Attorney & Founder, Mishak Law

    Matt Mishak is an attorney and founder of Mishak Law in Ohio, and a legal technology columnist for LegalTek.ai. With over a decade of experience as a trial lawyer and a self-professed "sci-fi nerd," Matt has become a leading voice on integrating artificial intelligence into legal practice. He recently completed an executive program in AI at MIT and frequently speaks on legal innovation, ethics, and access to justice. At Mishak Law, he implemented the "COUNSEL" framework to safely deploy AI tools, enabling his team to work smarter and serve clients more effectively.

    Sources & References

    AI Disclosure: This article was human-reviewed but may contain AI-generated elements. Readers are encouraged to conduct their own research and remain skeptical of potential factual errors.