Artificial Intelligence in Legal Discipline

Author: Supriya Lakhram Singh, Government Law College, Mumbai.

Abstract

Artificial Intelligence the phrase which needs no introduction or explanation. It has widely taken over all human activities making human beings reliant on it. There is no such domain left where Artificial Intelligence has not made its place, from household appliances to business streams, from medical branch to legal field there is no sphere which does not involve the use of Artificial Intelligence. The Legal Field is no exception. Though India is a developing country, the technology is rapidly advancing and being widely used in the present times. The use of Artificial Intelligence in Law, though limited in recent times, will make an upsurge in the future. This can be beneficial for the legal practitioners, but if not managed properly can also turn dangerous for them. We will be discussing the role of Artificial Intelligence in legal Discipline in further detail in the article.

Keywords

Artificial Intelligence, Legal Discipline, Digital Divide, Fairness, Non- Discrimination

Introduction

India is a country which has traveled a long way in terms of traditional resources to modern resources. From using herbs as medicine to using modern medicine and instruments for surgery. From wooden ships to war ships, From using fire as a source of heat and light to modern LED’s and heaters and many more.The people of this country have witnessed carts pulled by animals to cars driven without drivers. The change was gradual yet far reaching. These transitions are not just limited to household appliances, but are also seen in other facets of the society. The transition from ancient to modern resources is drastic. One such example is the use of Artificial Intelligence in Legal Discipline which is gaining spotlight in the era of edge cutting technology. The use of Artificial Intelligence in law is beneficial for the legal practitioners as it can complete the time consuming tasks within a snap of a finger. It will also be beneficial in serving justice swiftly, which kept on pending because of the traditional working environment. However, it also has certain drawbacks, as it might be dangerous if the legal practitioners are not fully aware of the working of these Artificial Intelligence tools. We need to mindfully implement the practice of these tools in Legal sphere as one single mistake can turn the case upside down, making it difficult for the people to seek justice and maintain their trust in the legal system. We need to keep in mind that, if and only if Artificial Intelligence is used cautiously in Legal Discipline it will be of an advantage or else it can turn into a double-edged sword.

Literature Review

Artificial Intelligence in Legal Landscape- Blessing or Threat to the legal framework?

We need to take a deeper dive into the world of Artificial Intelligence to understand how AI would turn out in the Legal field. Though Artificial Intelligence is hardly being used in the current times in Legal Discipline in India, in the subsequent times human beings would be replaced by Artificial Intelligence because they would carry out the assignment efficiently in an instant.We will examine the various aspects of Artificial Intelligence in the legal framework step by step to understand its nature.

Benefits of implementing Artificial Intelligence in various aspects of Legal Discipline

1} Legal Research- Artificial Intelligence is used to its fullest during research works which is the backbone of Law practitioners. AI can enhance and accelerate research works providing facts, data and statistics in just one click. It can summarize and explain any topic that is concerned with the legal field. The chances of winning the case increases when arguments are based on the facts researched by the Advocate.

2} Formation of Contract- The formation of Contract is one of the toughest tasks which a legal practitioner performs as it might involve various considerations and is often difficult to prepare. With the help of Artificial Intelligence, Contracts can be prepared within a few minutes according to the desires of the client of various companies. It can help in highlighting crucial clauses and terms. This can further simplify the finalizing of business agreements.

3} Solving Petty Cases- One of the most crucial things which can be solved using Artificial Intelligence is solving petty cases online. Small cases can be decided virtually which can cut down the expenses of court visits and help families that are not financially strong. It might also help in deciding cases wherein one of the parties might not be able to visit the court in person or in situations of pandemic like Corona, during which the country was under complete lockdown. In such cases also Artificial Intelligence can prove to be fruitful.

4} Prognostication of Cases- Legal Practitioners often face questions about the chances of winning the case by their clients. This issue can be easily resolved by using Artificial Intelligence as it has the capability to evaluate the case and predict the chances of winning which can help the Advocates in assuring their clients.

5} Diminishing Paperwork- One of the challenging tasks in the legal framework is the paperwork which is to be carried out by the Advocates, which often results in delaying the cases and also delays justice. Artificial Intelligence solves this issue as it can help Advocates to prepare documents online and also maintain record of it.

Drawbacks of Implementation of Artificial Intelligence in the Legal Framework

1} Threat to Privacy:- One of the professional ethics which any Advocate is expected to maintain is the “privacy of the client” or the confidentiality of the client. This can be at stake if Artificial Intelligence is not handled cautiously, because the tools can be manipulated easily, to acquire the data by the opponents.

2} Creation of the Digital Divide:- There is no doubt that technology is rising rapidly. But we really need to understand that mere rise in technology does not mean that everybody has equal access to technology. There are still many places in India where technology has not penetrated.On the other hand we also need to understand that people who have access to such technology might not be well trained in using such tools or facilities available. This can again lead to chaos and people might refrain themselves from approaching for Legal remedies.

3} Affordability Issues :- India is a developing country, where the majority of people still rely on primary and secondary activities to earn their living. Introduction of Artificial Intelligence can cause affordability issues, as many people might not be able to pay the expenses of these tools and might refrain from seeking legal remedy.

4} Software Malfunction:- One of the significant issues with the use of Artificial Intelligence is the AI Malfunction. Being completely reliant on Artificial Intelligence can be dangerous as these tools might not function properly and cause threat to privacy of the client, or might cause errors in the paperwork which can upturn the whole case. This might wither the trust of people in the Judiciary.

5} Unemployment :- The rapid increase in Artificial Intelligence is a big stride towards unemployment. In subsequent times, it might be challenging for people to acquire jobs as the tasks which were being performed by human beings earlier are now being performed by Artificial intelligence in an instant.Though Artificial Intelligence is developed by human beings it has the capacity to over take the activities performed by human beings. Therefore, we need to understand and limit the uses of Artificial Intelligence only when required.

Application of Artificial Intelligence in Law in Other Countries {USA and CHINA}

Artificial Intelligence is heavily used in the United States of America and China in the field of law. These two are the leading countries in terms of implementing the use of Artificial Intelligence systems in the legal field. But the characteristics of both the countries are distinct.

In China Artificial intelligence is widely applied in the legal system. There were various judicial reforms performed in China to which placed the concept of “fairness” and “justice” at the forefront with the integration of technology and Artificial Intelligence to help maintain the trust of people in the Judiciary. They came up with the slogan “striving to make the people feel fairness and justice in every judicial case.”

These are used in various ways which are as follows

1} Same-types of case referencing - This means referring to case citations which helps the legal professionals to understand and identify a certain case which helps in providing a robust foundation for their arguments.

2} Uniform Standard of Evidence- The Shanghai High Court has developed an Artificial Intelligence System to help enforce criminal evidentiary procedures by automatically checking and verifying submitted evidence against evidentiary standards.

3} Data Profiling Systems- China’s Personal China's Personal Information Protection Law (PIPL) and Data Security Law (DSL) are laws that regulate the processing of data in China. It was enacted in 2021 and is similar to the European Union's General Data Protection Regulation (GDPR). It aims at protecting personal information and gives consumers the right to access, delete or correct their data.This law applies to the Chinese citizens residing outside China.

China has also introduced the concept of “Smart Courts” where cases can be solved in an instant with the help of Artificial Intelligence system keeping in mind the concept of “fairness” This will ensure social stability and eradicate partiality which can be performed by the judges while deciding a case.

On the other hand, the US president Trump signed an executive order encouraging the application of AI in the legal field of the US in 2019.

Some of the realms of application include:-

1} Legal Research- Research is the foundation of legal practitioners. In the United States of America, AI is utilized to conduct legal research which assists the legal professionals to analyze the case and be aware of the facts. It also simplifies the language of the document which helps in the better understanding of the case and also provides case summaries.

2} Prophetic Litigation Evaluation- AI is used by the Lawyers in the United States of America to assess the case and envisage its outcome to assist their clients. It also helps in constructing strategic legal processes and deciding whether to seek settlement, negotiation or complex litigation.

3} Automatic Contract Review- AI boosts up Contract review by automating tedious tasks, such as identifying significant clauses, expressions and potential risks. This minimizes the demand for manual scanning, authorizing legal teams to process contracts much faster. Subsequently, businesses can settle agreements more swiftly and competently.

Methodology

This research engages in the qualitative methodology. It uses primary and secondary data materials which includes media articles, research papers, books and blogs. This article aims at highlighting the emergence of Artificial Intelligence in Legal discipline and at what pace are the other countries in terms of AI in Law. It analyzes various aspects of AI in law and helps us in determining whether the implementation of AI in Law is beneficial or not. This article will answer whether AI is safe to be implemented in Law, especially in a country like India which is still in its developing stage and where technology is not easily accessible to everyone.

Conclusion

The laws and legislation of the country India is Supreme. Despite being a diverse country, the laws of the country are abided by all the citizens. But there are certain places that are to be looked into for example improving the efficiency of the Judiciary. The judiciary is the most burdened branch of the government. We need to look for remedies to speed up the judicial process keeping in mind the principle of “Fairness” and “ Non-Discrimination”. One way through which we can implement this is by introducing the Artificial Intelligence System in the Legal field of India. Artificial Intelligence can perform various tasks in an instant and in an efficient manner. It can also help in reducing the burden of Judiciary by deciding petty cases and speeding up the documentation work which often is the most time consuming. We also need to train legal practitioners to use these AI based systems to boost their working speed. The implementation of AI can reduce biases in cases and promote the principle of fairness which will bind people’s trust in Judiciary. If AI is implemented carefully in the Legal Discipline, it can provide speedy justice to the people and further strengthen the laws of the land. It would also help the legal professionals to predict the outcome of their cases and decide what remedy is available in the cases. The research work which is often time consuming can be availed by the legal professionals smoothly, which in turn would strengthen their arguments. The most crucial aspect of AI in the field of law is that it can help in deciding cases in situations of pandemics or epidemics where social gathering is prohibited. In such circumstances cases can be resolved virtually, not depriving people of their basic rights.

However, if we do not implement AI carefully, it can again divide the country. Technology in India is rising rapidly, but it does not necessarily provide access to such technologies to each and every citizen of the country equally. There are still several villages or towns where there is no trace of technology and people live quite a simple life. We need to take into consideration such people and their needs without neglecting their legal needs. If we are unable to meet the requirements of such people it might weaken their trust in the Judiciary. Not only the availability of technology we also need to be mindful of the financial status of the people. The introduction of AI can also cause affordability issues, therefore, we need to implement it in such a way that it can meet the needs of the people who are not financially stable.

Therefore, we need to gradually bring AI in Legal field and spread awareness regarding it to everyone. We need to first work on developing AI systems which are strong and do not compromise with the privacy of the client and provide speedy remedies.Secondly, we need to train legal professionals regarding the working of the AI system so that they can work efficiently.

Moreover we need to train common people into using technology so that they are not exploited due to the lack of knowledge and also the most crucial step amongst this is to bridge the digital divide existing in the country. The fusion of these methods will gradually be effective in applying Artificial Intelligence and provide us with the finest outcome of Artificial Intelligence in the Legal field.