This article is written by Samriddhi Mishra of National Law University, Odisha of 2nd semester, an intern under Legal Vidhiya
Abstract
The influence of artificial intelligence is predicted to be as great as that of the industrial revolution. The legal area will be significantly impacted by growing AI, as will many other fields. The legal profession is one where artificial intelligence has a lot of promise. It can automate a variety of lawyer-related duties. It can be useful for contract review, due diligence, and legal research and analysis. This article looks at the potential of artificial intelligence in the legal profession and artificial intelligence in legal profession in India. The article also discusses concerns about artificial intelligence taking the place of lawyers and how, for the time being, such a thought is improbable. By automating the majority of mundane duties, artificial intelligence is a terrific tool for assisting attorneys and can enable them to conduct more value-adding tasks.
Keywords: Artificial intelligence, lawyers, automation, technology
INTRODUCTION
Artificial intelligence is expected to have a major and defining impact on our current world. It is termed “the fourth industrial revolution,” which can fundamentally reshape the way economies work now.[1]
Artificial intelligence is already part of our present lives. Search engines (You Tube and Google), human speech recognition technologies (Alexa and Siri), and self-driving cars are all examples of artificial intelligence.[2]
It has also stoked fears of losing jobs and the replacement of the workforce by AI. It was observed that advancements in technology replaced lower-paying jobs.[3] The fear that technology will replace humans is not new and is also not without basis. Even the creator of artificial intelligence admitted in a recent interview that AI can be dangerous and can become smarter than humans.[4]
A report by McKinsey suggests automation and other new technology could eliminate as many as 800 million jobs by 2030.[5] AI provides new potential in the field of law. The same study suggests that 22% of lawyers’ jobs and 35% of law clerks’ jobs could be automated in the US.[6]
There is a possibility that lawyers can use artificial intelligence to provide legal services and perform low-skilled work. There is also fear that this can replace lawyers in the worst-case scenario. This article seeks to examine the possible effects artificial intelligence can have on the work of lawyers.
What is artificial intelligence?
It is anticipated that AI will perform or assist in the performance of the majority of today’s jobs. What gives artificial intelligence an edge over present-day technology is the fact that it can mimic human intelligence[7]. It can perform human intelligence functions, including understanding, creating, and inferring information.[8]
As per John McCarthy, “It is the science and engineering of making intelligent machines, especially intelligent computer programs. It is related to the similar task of using computers to understand human intelligence, but AI does not have to confine itself to methods that are biologically observable.”[9]
AI enables software to automatically learn from patterns or characteristics in the data by combining massive volumes of data with quick, repeated processing and clever algorithms.[10] It is a broad field of study that includes many sub fields such as machine learning, deep learning, natural language processing (NLP), computer vision and neural network.[11]
The reason AI has so much potential to help lawyers, or at worst, replace lawyers, is because it can not only perform various tasks but perform them like humans. Artificial intelligence can learn from humans and produce human-like results. Turing, who is regarded as the “Father of Computer Science,” pondered the issue, “Can machines think?” In response to this query, he came up with a test that is now known as the “Turing Test,” in which a human interrogator tries to tell apart a computer response from a human text response.
It has been widely criticized from the time it was made available, but this test is important for AI history and subject of ongoing disputes because it takes language concepts into account.[12]
AI can automate numerous tasks done by humans in various fields. Many tasks that require repetition, error detection, and detail-oriented tasks are better suited for computers than humans. AI is easily able to complete tasks like reviewing a large number of legal documents to ensure that the correct fields are filled in.[13]
AI in the legal field
Lawyers now also use technology to assist them. The rise of computers, printers, and online databases allowed lawyers to save time on repetitive tasks and also made tasks that took a lot of work easier. And discussions like this were also raised when these technologies emerged. Law is an intensive Labour profession, but it is still under digitalized. Still, the law is seen as a field that has resisted automation.[14]
The growth of technology has aided the profession of law. Technology has thus far aided in simplifying research efforts. It is now simpler to locate pertinent case law and legislation thanks to online databases. It has allowed easier access to books and judgements. All of this required human input.
AI can not only provide a list of laws but, when provided, can also tell which law can apply to which case. Artificial intelligence can study facts and prepare arguments for cases. Lawyers can use artificial intelligence to do repetitive tasks and focus more on creative tasks. By automating these processes, it is possible to ease Labour demands, boost output, and reduce costs. AI can perform analysis and help in drafting contracts.
Today’s AI is assuming legal professionals’ old roles. AI can automate a large portion of the manual work currently done by lawyers. AI can also increase access to the law for people not well versed in the law. AI is also seen as a way to bridge the gap between bigger and smaller firms, where smaller firms can use AI to compensate for bigger firms’ manpower.[15]
There are many ways that lawyers are using AI.
1.Legal research
Asking specific research questions can provide tailor-made solutions. Legal research is time-consuming and essential to a lawyer’s work. With artificial intelligence, legal research can be done faster and more efficiently. Westlaw Edge Search is one example of legal research using AI. AI can simplify legal research and help lawyers save time and money.[16]
2.Litigation strategy
Predictive data analysis can help lawyers frame their litigation strategies. If provided with large sets of data, AI can predict possible outcomes and possible arguments. One example of such a tool is ‘Litigation Analytics’ which allows lawyers to craft litigation strategies. This feature of AI has to be used with caution. The date should be up to date and the data that is not relevant any more should be removed. The data must be updated with changing laws. [17]
3. Online legal services
AI can perform client consultation services. It can answer common legal questions. Clients answer some questions related to their case, and the artificial intelligence using tool will responds with an already feeded answer and, if required, further communication with a human lawyer, if appropriate. These services are built on so-called “expert systems,” which record legal information in formal decision trees that may use computations, factor weighing, and other methods.[18]
4. Contract Review
AI can do the work requiring due diligence. They can review a large number of contracts that are similar in nature. Contracts that have similar clauses or are standard contracts AI can be trained to recognize and review contracts. Due diligence takes large amounts of time and effort from lawyers and is often a cumbersome process. With artificial intelligence, it can be performed much faster and with better accuracy.[19]
AI in the Indian Legal Profession
In India, AI is still budding, developing, and promising. The Government of India constituted a task force to frame policies and laws for the implementation of AI. The task force was established by the Ministry of Commerce and Industry, with N. Chandrasekaran, Chairman of Tata Sons, serving as its head. The stated vision of the task force is- “To embed AI in our Economic, Political and Legal thought processes so that there is the systematic capability to support the goal of India becoming one of the leaders of AI-rich economies.”[20] The approach of the government is to promote AI for all. The application of AI in law is similar.
The use of AI has a lot of potential for India. AI can be used for legal analytics, prediction, contract review, and legal research. India has started to take important steps to utilize the potential of artificial intelligence.
Justice D.Y. Chandrachud summarized the approach towards AI- “Technology is relevant insofar as it fosters efficiency, transparency, and objectivity in public government. AI is present to provide a facilitative tool to judges in order to recheck or evaluate the work, the process, and the judgement.”[21]
There are many tech start-ups in the legal field using AI to perform tasks. Spot Draft uses AI to scan documents, help users draft documents, and reduce paperwork. [22]Casemine is a legal research tool that connects similar case laws to aid legal research.[23] Case IQ is another such tool, which functions as a legal assistant for the user’s legal research. In addition, it analyses the legal terminology and functions as a research assistant by highlighting pertinent decisions and case laws, pointing out any potential gaps in the law, and making alternative arguments.[24]
The arrival of COVID-19 made this process faster. During the COVID era, the world went online, and the use of technology increased. E-courts boomed during this period.[25] A few applications of AI in legal fields include:
To increase the efficiency of Indian judges and legal researchers, the Supreme Court Portal for Assistance in Court Efficiency, or SUPACE, has been launched. Judges and legal researchers can use this platform to work on cases, gather pertinent data, read case files, coordinate teams, and draft case documents. The platform is customizable and tunes itself as per the choices of users. It also has a feature like a chatbot.[26] Another tool, Supreme Court Vidhik Anuvaad Software (SUVAS), is used to translate Supreme Court judgements into vernacular judgements. As of now, SUVAS is translating Supreme Court judgements into nine vernacular languages.[27]
IIT Kharagpur has found a number of applications of AI in the law field. IIT Kharagpur has developed artificial intelligence to automatically read judgements, which can identify the laws violated and recommend cost-cutting measures.[28] IIT Kharagpur has also proposed an algorithm called DELSumm, which can extract a summary of case laws.[29] IIT Kharagpur has also used AI to find legal catchphrases within the legal documents.[30] Law firms are also using AI. Cyril Amarchand Mangaldas (CAM) has set up India’s first legal tech incubator, “Prarambh,” which will work on finding new technological innovations in the legal field.[31]
AI vs. Lawyers
It is obvious that AI is capable of performing many of the tasks carried out by lawyers. It can give advice, like help in drafting legal documents, suggest a course of action, and predict the outcome of a judgement. We are already witnessing many uses of AI in the legal field. There are fears that with the growth of AI, the job of a lawyer can become obscure.
The law is often seen as a traditional field that requires creativity, intelligence, hard work, and experience. But AI is permeating the opaque legal field.
A technology start-up, DoNotPay, has set up an AI robot lawyer to give legal advice. Called the first AI lawyer, it will help its clients defend speeding tickets. Two people with Bluetooth earpieces will tell the judge what the robot told them.[32]
This again raises the question: can AI replace lawyers?
The necessity for lawyers will be dramatically reduced, according to John McGinnis and Russell Pearce, if intelligent robots can do fundamental legal functions including document discovery, legal research, document authoring, and case result prediction.[33]
Although AI can reduce a huge amount of burden on lawyers and perform a number of functions, it still can’t replace the human element. Artificial intelligence can aid in legal research, contract review, perform legal analytic, predict possible outcomes, and suggest different arguments. All of this will only be done to aid the lawyers. With time, lawyers are becoming more and more dependent on technology, but there is still no satisfactory evidence that even the most basic legal tasks can be done without real human lawyer assistance.[34]
“A lawyer’s critical skills of counsel and persuasion seem unlikely to ever be outsourced, in whole or in part, to machines.” A lawyer’s job includes creativity, persuasion, intuition, and written and verbal communication, and all of these elements cannot be automated.
To perform most tasks, AI requires substantial input and training from lawyers.
Finding an authority for a fundamental legal principle and finding an authority that is best for a particular client’s case in court are very different things. The mere fact that conventional non-compete clauses are frequently included in employment contracts does not, however, imply that such terms may or should be included in all employee contracts or that they would be upheld as enforceable. There are many legal issues that do not lend themselves to “one-size-fits-all” solutions, so legal counsel will often be necessary.[35]
The same is true for legal predictions. It can aid lawyers but cannot replace them in litigation. The best artificial intelligence will require access to the right data to give correct or useful information. Lawyers must thoroughly investigate a case’s specifics and gather data on related cases before the same fact-finder or administrator in order for an intelligent computer to forecast the result of a lawsuit or regulatory action.[36]
In a study, Remus and Levy found that most attorney time is spent on legal strategy and analysis, client counselling, fact investigation, negotiations, and court appearances. Lawyers spend less time as compared to the past on legal research and other tasks that can be automated using technology.[37]
Even fervent futurists have admitted that these tasks are outside the scope of intelligent robots and that it is doubtful that they would ever completely replace attorneys in this regard.[38]
Benedikt Frey and Michael Osborne estimated that lawyers face a mere 3.5% chance of automation in their seminal 2016 article, significantly less than other professions.[39]
Artificial intelligence still does not have the emotional intelligence required to form a connection with its clients. It has no legal personality. One factor is primarily practical. The prevalent liability regime is challenged by intelligent machines.[40]
If a lawyer does his work negligently, he can be held accountable in court, but the same is not true for robot lawyers. On whose shoulders the AI’s actions will fall, there is no consensus. When will a robot be considered qualified to represent a citizen in the current court system? This is also unclear.
AI can work as an excellent assistant to lawyers and aid justice delivery. It can be wonderful too and can change the way the profession works now, but it is far-fetched to say artificial intelligence can replace lawyers. Most tasks performed by lawyers are abstract and cannot be done by machine learning without human input.
RECENT DEVELOPEMENTS
The coming age is the age of AI. As traced in the recent development mentioned above. All of the examples above show how AI is infiltrating the legal field. AI is revolutionizing legal research and other legal jobs. Databases like SCCOnline and Manupatra have made legal research easier than ever.
This is also reflected in the judiciary’s approach to AI and modern technology. In recent times, the Supreme Court and the High Courts have moved towards e-courts and e-filing. The Supreme Court is using apps to provide judgements and providing judgements in the native language.
Both lawyers and judges are now increasingly using AI to assist them in their work. Technology is used to change the way the legal profession works. It is necessary that this change be brought down to the lower courts.
CONCLUSION
AI has enormous potential in both the future and the legal industry. It is a technology that can learn and produce outputs on the basis of datasets provided. AI can perform many functions for lawyers, like contract review, legal research, legal analytics, and prediction. All these functions were performed manually and required a lot of time and effort. AI can allow cost-cutting and increase efficiency and accuracy. Many of these can be better performed by artificial intelligence in very little time. This allows normal people easier access to the law for normal people.
Artificial intelligence can allow much of the work to be automated, allowing lawyers to save their time for more valuable and important tasks. AI has arrived and is used both in India and abroad.
There are fears that robot lawyers can replace human lawyers, but this is not plausible in the near future. While it can assist, artificial intelligence cannot completely replace lawyers.
Many tasks previously handled by lawyers can now be handled by artificial intelligence, and many tasks can be greatly simplified. Lawyers should embrace AI and use it to their advantage.
[1]Larry Elliott,The AI industrial revolution puts middle-class workers under threat this time, The Guardian available at https://www.theguardian.com/technology/2023/feb/18/the-ai-industrial-revolution-puts-middle-class-workers-under-threat-this-time#:~:text=AI%20stands%20to%20be%20to,that%20will%20fundamentally%20reshape%20economies.,last seen on 3/5/2023
[2] Artificial Intelligence, Wikipedia The Free Encyclopaedia, available at https://en.wikipedia.org/wiki/Artificial_intelligencehttps://en.wikipedia.org/wiki/Artificial_intelligencehttps://en.wikipedia.org/wiki/Artificial_intelligence last seen on 4/5/2023
[3] Larry Elliott,The AI industrial revolution puts middle-class workers under threat this time, The Guardian available at https://www.theguardian.com/technology/2023/feb/18/the-ai-industrial-revolution-puts-middle-class-workers-under-threat-this-time#:~:text=AI%20stands%20to%20be%20to,that%20will%20fundamentally%20reshape%20economies.,last seen on 3/5/2023
[4] Zoe Kleinman & Chris Vallance, AI ‘godfather’ Geoffrey Hinton warns of dangers as he quits Google, BBC News available at https://www.bbc.com/news/world-us-canada-65452940, last seen on 3/5/2023
[5] Automation threatens 800 million jobs, but technology could still save us, says report, The Verge available at,https://www.theverge.com/2017/11/30/16719092/automation-robots-jobs-global-800-million-forecast last seen on 4/5/2023
[6] Erin Winick, Lawyer-Bots Are Shaking Up Jobs, MIT Technology Review available at https://www.technologyreview.com/2017/12/12/105002/lawyer-bots-are-shaking-up-jobs/ last seen on 4/5/2023
[7] What is artificial intelligence (AI)? IBM, available athttps://www.ibm.com/topics/artificial-intelligence last seen on 5/5/2023
[8] Artificial Intelligence, Wikipedia The Free Encyclopaedia, available at https://en.wikipedia.org/wiki/Artificial_intelligencehttps://en.wikipedia.org/wiki/Artificial_intelligencehttps://en.wikipedia.org/wiki/Artificial_intelligence last seen on 4/5/2023
[9] What is artificial intelligence (AI)? IBM, available athttps://www.ibm.com/topics/artificial-intelligence last seen on 5/5/2023
[10] Ibid
[11] Ibid
[12] Ibid
[13] Artificial intelligence,Tech target, available at https://www.techtarget.com/searchenterpriseai/definition/AI-Artificial-Intelligence#:~:text=CIO%2FIT%20Strategy-,What%20is%20artificial%20intelligence%20(AI)%3F,speech%20recognition%20and%20machine%20vision. last seen on 4/5/2023
[14] ARTIFICIAL INTELLIGENCE LAW: THE NEW AREA OF LAW, Legal Pedia available at https://legalpediaonline.com/artificial-intelligence-law/ last seen on 4/5/2023
[15] Lawyer vs AI: A legal revolution, Lexis Nexis, available at https://www.lexisnexis.com.au/en/insights-and-analysis/practice-intelligence/2018/Lawyer-vs-AI-A-legal-revolution last seen on 5/5/2023
[16] Demystifying Artificial Intelligence (AI), A legal professional’s guide through the noise, Thomas Reuters available at https://legal.thomsonreuters.com/en/insights/white-papers/demystifying-ai last seen on 5/5/2023
[17] Ibid
[18] Ibid
[19] Ibid
[20] ARTIFICIAL INTELLIGENCE TASK FORCE, Artificial Intelligence task force available at https://www.aitf.org.in/ last seen on 4/5/2023
[21] Scope of Artificial Intelligence in Law, Legal Desire available at https://legaldesire.com/scope-of-artificial-intelligence-in-law/#_ftn8 last seen on 5/5/2023
[22]Ibid
[23]Ibid
[24]Ibid
[25]Ibid
[26]FIVE notable applications of legal AI in India, IndiaAi available at https://indiaai.gov.in/article/five-notable-applications-of-legal-ai-in-india last seen on 5/5/2023
[27]Ibid
[28]Ibid
[29]Ibid
[30]Ibid
[31] Cyril Amarchand Mangaldas Sets up Legal Tech Incubator, Business Standard available at https://www.business-standard.com/article/pti-stories/cyril-amarchand-mangaldas-sets-up-legal-tech-incubator-119022000324_1.html last seen on 4/5/2023
[32] TN Viral Desk, ‘World’s first robot lawyer’ powered by AI to defend a human in court in a speeding ticket case, Times Now available at https://www.timesnownews.com/viral/historic-first-robot-lawyer-powered-by-ai-to-defend-a-human-in-court-in-a-speeding-ticket-case-article-96824480 last seen on 4/5/2023
[33] Milan Markovic Rise of the Robot Lawyers 61, Arizona Law Review, 325-331(2019) available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3286380 last seen on 5/5/2023
[34] Milan Markovic Rise of the Robot Lawyers 61, Arizona Law Review, 325-328(2019) available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3286380 last seen on 5/5/2023
[35] Milan Markovic Rise of the Robot Lawyers 61, Arizona Law Review, 325,333(2019) available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3286380 last seen on 5/5/2023
[36] Ibid
[37] Dana Remus & Frank Levy, Can Robots be Lawyers? Computers, Lawyers, and the Practice of Law, 30 GEO. J. LEGAL ETHICS 501, 530 (2017) available at https://dx.doi.org/10.2139/ssrn.2701092 last seen on 5/5/2023
[38] Milan Markovic Rise of the Robot Lawyers 61, Arizona Law Review, 325,334(2019) available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3286380 last seen on 5/5/2023
[39] Milan Markovic Rise of the Robot Lawyers 61, Arizona Law Review, 325,335(2019) available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3286380 last seen on 5/5/2023
[40] Milan Markovic Rise of the Robot Lawyers 61, Arizona Law Review, 325,343(2019) available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3286380 last seen on 5/5/2023
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