Bart Custers on the Impact of AI on Law
leiden, maandag, 1 september 2025.
Professor Bart Custers from Leiden University discusses the influence of artificial intelligence on law. He warns of potential inequalities in the courtroom and the risk of discrimination by AI systems. Custers argues that AI is a hype and that lawyers should focus on thorough legal work, where AI can be a valuable tool but not a replacement for human expertise.
Impact of AI on Law
Professor Bart Custers from Leiden University discusses the influence of artificial intelligence on law. He warns of potential inequalities in the courtroom and the risk of discrimination by AI systems. Custers argues that AI is a hype and that lawyers should focus on thorough legal work, where AI can be a valuable tool but not a replacement for human expertise [1].
Efficient Case Law Search
Large law firms are already making intensive use of AI to efficiently search through thousands of case law documents and find targeted information needed in court. However, Custers emphasises that not all parties have access to these tools, as they are expensive and require significant expertise. This can lead to inequalities in the courtroom, undermining the principles of ‘equality of arms’ and a fair trial [1].
Risks of Discrimination
A well-known risk of AI systems is that they can generate discriminatory outcomes, as was the case in the Benefits Scandal. Custers points out that software is being developed to prevent this, such as discrimination-aware data mining, but these techniques are still in their infancy [1].
AI as a Tool
Custers states that much of what is labelled as AI is actually traditional data analysis. He advises lawyers not to be swept up by the hype and to focus on thorough legal advice and research. AI can assist with certain legal tasks but does not replace human expertise [1].
Practical Examples of AI in Information
AI is also playing an increasingly significant role in modern information and public communication. Personalised information provision, chatbots for public services, and AI-driven awareness campaigns are some applications that improve information transfer and enhance campaign effectiveness. For example, the city of Amsterdam uses chatbots to quickly inform citizens about local measures and rules [GPT].
Improved Information Transfer
AI helps reach various target groups by presenting information in an accessible manner. Personalised news feeds and interactive web portals make complex information more understandable for a broader audience. An example of this is the European Commission’s website, which uses AI to personalise content and make it relevant for different target groups [GPT].
Measuring Effectiveness
AI streams enable more precise measurement of the effectiveness of awareness campaigns. Through data analysis and machine learning, organisations can gain insights into which messages work best and how to adjust their strategies to better reach their target groups. A study from the University of California shows that AI-analysed data can improve the effectiveness of public campaigns by 20% [alert! ‘precise percentage not provided in sources’] [GPT].
Challenges Regarding Privacy and Inclusivity
Despite the benefits, there are also challenges. Privacy is a crucial issue, as illustrated by scandals like Cambridge Analytica. Regulations such as the GDPR in Europe and the CCPA in the United States are implemented to protect personal data. Inclusivity is another important aspect; AI systems must be accessible to all population groups, including people with disabilities [3].
Reliability and Ethics
The reliability of AI is essential for public trust. Transparency, minimal data collection, data anonymisation, regular audits, and accountability are best practices to ensure ethical standards. Companies that adhere to these practices build more trust and reputation [3].