Author: Unnati Jain, Lloyd Law College
To the point
Artificial Intelligence (AI) is a very powerful tool in modern era, the studies show that it can take over numerous jobs of prime importance like engineering, medical, etc. but, the biggest question in my mind is whether it can take over advocacy too? This article revolves around whether AI lawyer can overturn the human lawyer in court room practice or any other law practice in society.
Abstract
The impact of Artificial Intelligence (AI) in legal field is phenomenal and it is signified as a very handy tool for everyone in today’s world, even for lawyers many AI bots have been developed for use with specific data of law. Some people suggest that the possibility of AI lawyer replacing the human lawyer is practically impossible while some suggest that it is very much possible by inserting the legal data time to time in the software. The article talks about all the spheres with regard to all the possibilities of whether the AI lawyer can replace human lawyer.
Introduction
AI as a field is very prominent in today’s world but, the legal system is very complex and as known since starting it is referred as a job with high use of human intellect, critical thinking and interpretation. AI is a software which has been developed by humans only but, the most prominent question in their minds today is that whether AI can or cannot replace humans in jobs like engineering, medical, legal professionals, scientist, etc. Legal profession is considered as a job which AI can never replace but some people also suggest that it is replaceable by entering relevant legal data as lawyers also go by law. Some people even suggest that AI can be a better source to ask for information as a human mind might forget some important points while AI software will not forget anything and provide us with all the relevant topics and information of that case.
AI Lawyer of India
The Indian scientists have developed an AI lawyer referred to as ‘LAILA’ which has been kept in ‘National Judicial Museum and Archive’ but, still under development. In May 2025 during the inauguration ceremony of the museum, the AI lawyer was tested by our former CJI D. Y. Chandrachud, he probed regarding the constitutionality of death penalty in India. The model answered the question precisely that death penalty is constitutional in India but can be availed in rare of the rarest cases only. The CJI remarked that this creation of AI lawyer is excellent but not to the match of human mind which stands rigid in front of the judge in the courtroom.
Supreme Court on the use of AI
The Supreme Court of India has stated that the use of AI is acceptable but it is very important to double check the case laws and citations provided by AI bots as it sometimes provide fake case laws which are later cited in the court of law and rejected. The Supreme Court has explicitly stated that AI can be used as a tool but cannot be referred as a replacement for human expertise in legal field.
Our Honorable Justice B. R. Gavai, in the conference organized by the Supreme Court of Kenya, highlighted the use of AI in judicial practice where one can predict the judgement based on the facts uploaded on the AI bot. But, at the same time he stated that one has to be very vigilant in its use as AI tends to generate fake case law and fabricated facts of the case.
Artificial Intelligence (AI) on replacing human lawyer
Present scenario:
The predictions done by AI currently for the question that whether it can replace the human lawyer in court is against itself as it suggests that AI cannot replace human lawyer from court of law but can assist them significantly in completion of different tasks like drafting and providing specific law applicable in that particular case.
This picture suggests that how AI bot itself states that it cannot replace human lawyers. Also, if you look at the last line of the above picture it has been explicitly written that “ChatGPT can make mistakes. Check important info.”
Apart from ChatGPT there are few more AI based tools which are primarily used for legal assistance only like NyayGuru, AI lawyer, etc. even these platforms also suggest that they cannot be trusted blindly or replace human lawyers completely in court.
In context of current AI bots and law in practice within India, AI cannot replace the human lawyer. According to Advocate’s act of 1961 it is necessary for a lawyer to pass the bar council of India exam and get a license to practice law in India. Also, the legal representation in courts does not only need knowledge of law but also skills like negotiation, influencing, emotional intelligence, etc. and an AI model lacks the skill of emotional intelligence with negotiation.
AI is considered to be a bot which lacks the ability to consider and analyze the complexity of legal cases as it can only comprehend the facts with law available but it has been observed that many a times the court forms new laws with reference to landmark cases, this would be hindered as AI does not have any knowledge of critical thinking but mere knowledge of present laws so, it will not promote the practice of framing new laws or guidelines with the evolving society and suits. Also, the definition of several terms in Indian constitution and other laws framed includes vague terminology like that of the definition of death penalty which states that it is constitutional but in rare of the rarest cases only. But, the definition of the term ‘rare of the rarest’ has not been given anywhere in law so, the AI may either never provide us with that penalty in heinous of the heinous crimes or it may provide us with that penalty in almost every new case with different facts which were not observed ever before. Thus, AI cannot take over the jobs of human lawyer as of the technology available till now.
Future scenario
After all of this, if one day AI lawyer comes into practice then, one of the major point of concern remains of confidentiality where one can get access to confidential information of case more easily then it would get from a human lawyer as at the end AI is a software, a machine which can be hacked more easily and taken control of than manipulating a human mind.
The answer of whether AI lawyer can replace human lawyer in future rests on one sole answer which is ‘MAYBE’. There is no surety that it will or it will not but there is only one possible answer that ‘IT MAY’! Taking the present situation in mind, I can say that AI lawyers cannot replace human lawyers but can merely assist them in completing the tasks.
Legal Jargon
1. The Advocate Act, 1961
Under this act it has been stated that a lawyer is someone who possess only the degree of the law program while an advocate is someone who has successfully qualified the Bar council of India exam and attained license for practice via same.
2. Right to Privacy
The right to privacy is considered to be a fundamental right under the larger ambit of article 21 providing the right to life and liberty. It needs to be protected by keeping the confidential information of cases limited to the lawyer and judge with other authorized and consented parties.
Conclusion
The main question of this article is that whether AI lawyer can overtake human lawyer in courts? To this the answer is ‘maybe’, this signifies that, in future they may replace but in present they can’t as the type of technology and upgradation they need for the same is not available yet. The constitutional mandate and the software skills needed for the same is absent in present times. One thing to note in this topic is that whether AI come or not but the operative skills needed to control AI will always remain in human as at the end AI is just a software developed by human for humans only.
FAQ’s
What is Artificial Intelligence (AI) lawyer?
An AI Lawyer suggests that instead of human lawyer (advocate), an Artificial Intelligence (AI) Lawyer will be arguing the case in court of law when all the facts and laws applicable in case will be uploaded in it just like how we upload data in AI platforms today.
Can AI Lawyer replace the human lawyer in courtroom practice in future?
The answer to this question depends on ‘Maybe’, considering the present AI trends it seems unlikely that I will replace human lawyer but as discussed in the article if the required developments take place then it might happen.
