This article is written by Pallavi Kumari & Pushpa Kumari who secured the 2nd position in the 2nd National Article Writing Competition
INTRODUCTION
In recent years, the legal industry has witnessed a significant shift in its approach to embracing technological advancements. One particular area that has gained considerable attention is artificial intelligence (AI). As AI technologies continue to evolve, they are revolutionizing the legal environment, transforming the way legal professionals operate, and providing new possibilities for efficiency and accuracy. This article delves into the growing focus on AI in the legal field and explores its potential benefits and challenges.
WHAT IS ARTIFICIAL INTELLIGENCE?
Artificial Intelligence (AI) refers to the field of computer science and technology that focuses on creating intelligent machines capable of performing tasks that typically require human intelligence. AI systems are designed to mimic human cognitive abilities, such as learning, reasoning, problem-solving, perception, and language undertaking.
APPLICATION OF ARTIFICIAL INTELIGIENCE IN LEGAL FIELD
Artificial intelligence (AI) is already being applied in various ways in the legal environment. Following are few examples of how AI is used:
Ø Legal Research and Case Analysis:-AI-powered platforms and software can assist lawyers and legal researchers in conducting comprehensive legal research. These tools can analyze vast amounts of legal data, including case law, statutes, and legal opinions, to extract relevant information and identify patterns. For instance, companies like ROSS Intelligence and LexisNexis have developed AI-powered legal research tools that provide quick access to relevant case law and legal documents.
Ø Contract Analysis and Due Diligence:-AI can streamline the process of contract analysis and due diligence. Analyzing and reviewing contracts is a time-consuming task that often involves scrutinizing numerous documents for discrepancies, risks and compliance issues. AI algorithms can review and analyze contracts, extracting key provisions, 2 identifying risks, and highlighting potential issues. This can save significant time and effort for lawyers and improve the accuracy of contract review. Companies like Kira Systems and Seal Software offer AI-powered contract analysis tools for legal professionals.
Ø Legal Document Automation:-AI can automate the creation and generation of legal documents. By leveraging natural language processing and machine learning, AI tools can assist in drafting legal documents, such as contracts, wills, and agreements, based on predefined templates and relevant information. Companies like Legal Zoom and Contract Express provide AI-powered platforms for document automation.
Ø Predictive Analytics and Case Outcome Prediction:-AI algorithms can analyze historical case data to predict case outcomes and provide insights into the potential success of legal strategies. This can help lawyers in making informed decisions and help prioritize cases based on their likelihood of success. For example, the company Premonition uses AI to analyze past case outcomes and provide predictions about the performance of lawyers and judges.
Ø Virtual Legal Assistants and Chatbots:- AI-powered virtual assistants and chatbots can provide legal information and guidance to individuals. These AI systems can answer legal queries, provide basic legal advice, and guide users through legal processes. They can help individuals understand their rights, access legal resources, and navigate through legal procedures. Companies like DoNotPay and LawBot provide AI-powered virtual legal assistants. It’s important to note that while AI offers potential benefits in the legal environment, human legal professionals still play a crucial role in interpreting and applying the law. AI should be seen as a tool to augment human capabilities rather than replace them, and ethical considerations should be taken into account when deploying AI in the legal field.
WHY ARTIFICIAL INTELLIGENCE IS IMPORTANT FOR INDIAN LEGAL SYSTEM?
Artificial intelligence (AI) holds several potential benefits for the Indian legal system. Here are some reasons why AI is important for the legal system in India:
v Enhanced Efficiency and Productivity:-AI technologies, such as natural language processing, machine learning, and automation, can streamline and expedite various legal processes. AI-powered tools can help in legal research, contract analysis, due diligence, and document management, saving significant time and effort for legal professionals. This improved efficiency can help reduce backlog and expedite the delivery of justice.
v Access to Justice:-AI has the potential to improve access to justice, especially for individuals and communities with limited resources. AI-powered platforms and chatbots can provide legal information, guidance, and assistance to those who cannot afford traditional legal services. It can help bridge the justice gap by making legal resources and services more accessible and affordable.
v Legal Research and Case Analysis:- Legal research is an essential aspect of practicing law, requiring extensive analysis of statutes, regulations, case law, and precedents.AI can assist legal professionals in conducting comprehensive legal research. AI-powered algorithms can quickly analyze vast amounts of legal data, including case law, statutes, and legal opinions, to extract relevant information and identify patterns. This can help lawyers and judges in preparing cases, identifying precedents, and making well-informed legal arguments.
v Predictive Analytics:-AI can enable predictive analytics in the legal system. By analyzing historical case data, AI algorithms can identify patterns, predict case outcomes, and provide insights into the potential success of legal strategies. This can assist lawyers in making informed decisions and help prioritize cases based on their likelihood of success.
v Risk Assessment and Compliance:-AI can assist in risk assessment and compliance monitoring for businesses and regulatory bodies. AI algorithms can analyze large volumes of data to identify potential legal risks, detect non-compliance, and provide recommendations for mitigating legal and regulatory challenges. This can help businesses and regulatory agencies in ensuring compliance with the law and avoiding legal disputes.
v Data Analysis and E-Discovery:- In cases involving large volumes of data, AI can assist in data analysis and e-discovery. AI algorithms can quickly sift through vast amounts of electronic data, such as emails, documents, and digital communications, to identify relevant information, patterns, and potential evidence. This can help expedite the discovery process and improve the efficiency of litigation.
v Automation of Routine Tasks:-AI can automate repetitive and time-consuming tasks, such as legal document drafting, contract management, and legal research. By automating these tasks, legal professionals can focus on higher-value activities, such as strategic legal analysis, client counseling, and courtroom advocacy.
v Fraud Detection and Prevention:-AI can assist in detecting fraudulent activities by analyzing patterns, anomalies, and suspicious behavior in financial transactions, insurance claims, and legal documents. This can prevent financial fraud, identify potential risks, and enhance overall security within the legal system. While AI brings various benefits to the legal system, it’s important to ensure that its deployment is guided by ethical considerations, transparency, and accountability. Appropriate regulations and safeguards need to be in place to address concerns related to bias, privacy, and the impact of automated decision-making on human rights.
OBSTACLES TO ARTIFICIAL INTELLIGENCE IN THE LEGAL PROFESSION
1. Acceptance:-In India lawyers and clerks in the legal profession are still hesitant in using Artificial intelligence in their work. They take it as a threat that would substitute them and render them unemployed or they like to work as they were working hereto. They do 5 not want their routine to be disturbed and are stuck to their traditional way of doing things manually. So, AI in India is in its infancy stage.
2. Legal personality:-Every person natural or legal has a personality of its own, on the basis of which that person is held liable for the act or omission done. But Artificial Intelligence personality is not clear. In certain situations, the manufacturer is held responsible for the action of the AI but there are times situation where it is not possible to whom to held responsible for the acts and omission of the AI because their personality is not clear. The contemporary law is also not up to date to held them liable.
3. Personal data protection and privacy:-Artificial intelligence in order to operate need a large amount of data with the help of which it operates. The personal information of people are used by the AI to perform a task. The data is ensured to be safe, secure, not misused and fair procedure to be followed to prevent the breach of data. But there is no effective legislation in India that controls and regulates the AI. Although Indian administration envisage policy framework like “National Strategy for Artificial Intelligence,” and national AI Programme in budget has been proposed but these are mere on the papers only and are not effective in practical field still.
4. Proper technology and system:-In India where AI is gradually taking place of humans in service sectors in the form of ATM, Biometry sytems, various apps like Arogya Setu, PDS, Online classes, etc, it still lag behind in installation of system which would advance the AI either due to low capital investment or non connivance of people. And in legal profession also there is lack of technology and system that would advance the AI application.
5. Costly:-The AI which uses machines are sophisticated and complex which are mostly manufactured and developed in foreign. This makes difficult for the developing countries like India to implant AI in legal profession. This would require huge investment but India is facing many serious problems awaiting to be solved.
AI: A REPLACEMENT IN THE LEGAL PROFESSION?
As stated by Justice D.Y. Chandrachud, “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 judgments.” But the only 6 prime purpose for the inclusion of AI should be to provide greater access to justice for the common people. Though Artificial intelligence provides legal aid in many ways like contract preparations, due diligence review, Litigation analysis, contract management, and legal research, nonetheless no AI software would replace the job of lawyers which requires analysis, decision-making, and stratification, and would only make their work faster, cheaper, save time, effort, make them more efficient and competent only automating clerical jobs.
ARTIFICIAL INTELLIGENCE: A WAY AHEAD IN INDIA
The Indian judiciary system is overburdened with a huge number of cases pending in lower courts, High courts as well as the Apex court, and also a number of cases of similar character are filled on a daily basis. The result of which many efforts have been made to improve the current situation like cutting vacation duration, increasing the strength of judges, fixing the number of hearings a day etc,. But still the situation has not changed so far and there are multiple delays at the evidence stage of cases having common features of delay reasons like delay due to investigation, in charge, absence of witnesses, etc. The AI if implemented would prove to be effective and efficient in solving cases at the evidence stage and disposing cases of similar character. This would only benefit the judges as it would assist the judges in taking proactive measures and quick decisions. The Chief Justice of India has recently said in an interview “We have a possibility of developing Artificial Intelligence for the court system. Only for ensuring that the undue delay in justice is avoided. And so the inclusion of AI would not replace legal professionals but would be beneficial for the Indian legal system if implemented with an appropriate legislative framework accompanied by rules and regulations. Thus Artificial intelligence in India has a way ahead in the Indian judicial system. Currently, AI has been used in the Indian judicial system in the form like virtual hearing, SUVAS (Supreme Court Vidhik Anuvaad Software), SUPAS(Supreme court portal for assistance in court efficiency) and live streaming of proceedings, etc.
CONCLUSION
In a world where ChatGPT and self-driven car, and robots like Sofia is coming in the form of Artificial intelligence, the legal field is also not untouched by the AI. The advancement in technology with the passage of time and changes in society is inevitable. AI can assist judges in decision-making using predictive technology, help legal professionals to in legal research, due diligence work, prepare and manage contracts, litigation analysis and many more. But still AI would not able to replace the profession of lawyers which requires more strategic thinking and creativity, emotional intelligence and empathy. AI could only make them effective and efficient and save their time and energy. Thus AI could be of great aid if complied with the strong legal framework, held accountable and regulations for protection from breaches of privacy of individuals.
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