Author: Swapnil Chauhan, Translam College of Law.
Artificial Intelligence, commonly referred as AI is a mock up done by a machine of human intelligence especially by computer systems. The computer systems are designed and developed in such a way that they can perform the tasks assign to them in a same manner as of the human intelligence. Artificial Intelligence whirl around creating human intelligence like cognitive thinking function, problem solving abilities, perceptions, learning, decision making and understanding language. Artificial Intelligence has already gained the popularity in past few years on world level with the tools like chatbot, Image generating and recognition tools, self-driven cars etc.
History – The concept for Artificial Intelligence took its first breath in 1950 when the British scientist Alan Turing published a paper “Computer Machinery and Intelligence” highlighting a question open Can Machines think? This question gave birth to the imitation game which is popularly known as Turing test now a days i.e. a machine is accepted as intelligent as a human intelligence if it cannot be distinguished in an obvious conversation. Later on, in 1956 during an academic conference based on the workshop that focuses on investigating the possibility of Thinking Machine in Dartmouth College the word Artificial Intelligence was first time coined by a Mathematics Professor John McCarthy. The participants of that research are considered to be the founding of Artificial Intelligence.
Artificial Intelligence in Legal firms have has proven its creditability as it has increased the productivity in this cut throat market, it has also proved to be very considerate in decision making. Although it has not been adopted by many countries, UK, US, Brazil, Australia, China and Germany has already invested in empowering the sector by using AI. AI has been previously used only for the research work but now it is been looked to in what areas of legal process it can be used further. Use of AI provide solutions that are pocket friendly to lawyers by pointing out the fragility in drafting contractual documents, due diligence and legal analysis. AI can also help the judiciary with the cases with the inferior offences leaving the burden of complex cases only.
The AI in European Regulation – The act regulates the use of artificial intelligence in three risk categories unacceptable risk application (Govt. running social scoring on ban), high risk application (CV screening for high rank jobs for specific legal need), application not listed as banned or highly risk is left unregulated. EU AI Act could be declared as a global standard depending on the impact of AI on life – positive or negative.
There is no extensive federal legislation currently available in US that regulate the development of AI or prohibits their use. Though, there are some existing laws that deals with the limited use of the AI application in various laws like aviation law, national authorization defense law and few more.
Australia also do not have any specific statute or regulation for the use of AI directly but its response to AI has been voluntary and it includes the AI Ethics principles for responsible design, development and implementation.
Brazil proposed Bill to regulate AI thought it does not have any codified laws, statutory rules or regulation. There are different laws that does not regulate the AI directly but may have its affect in the formulation of AI Act like Copyright Law, Consumer Protection Code, General Data Protection Law etc.
China has Generative AI Services which came to into effect on 15 Aug, 2023. The Science and Technology Ministry, Cyberspace Administration of China, Education Ministry, Ministry of Industry and Information Technology, the National Development and Reform Commission, the Ministry of Public Security, National Radio and Television Administration together allow the temporary measures for AI.
Artificial Intelligence in Indian Legal Framework
In Indian legal framework, we all know that lawyers have huge amount of data to be maintained, this process can be made more structured and more precise by the use of AI. The simplest and most common form that the lawyers can use is E-Discovery that is the process of scanning a document electronically to get the data that is relevant to the case. As we already know that the data collection process is the most crucial and time taking part, with the help of E-Discovery software it can be made easy and fast. Another help the lawyers can get from AI is in Legal Research, AI powered legal research software can easily scan the large database like regulations, practice areas, jurisdiction, case laws and more that helps the lawyers to save time and mistakes that can be easily made if done manually. This also helps to save the money of the client as the research done is at faster speed.AI can also help in Document Management and Automation, keeping document manually leads to holding up of a large storage space and saving them electronically makes it hard to sort and find. Using AI based document driven tool make it easier to organize and store legal files, case files, notes etc. Another important tool that can be used is Litigation Analysis, lawyer AI can help the lawyers to review the patterns of the previous cases and help them to draft document that is more precise and accurate based on previous judgements, it also helps to develop the litigation strategy.
Supremacy of Artificial Intelligence in Law
Increased Productivity – By using AI tools the tasks that usually take longer time can be completed early with limited efforts. Since the time consumption in other related task is less so the lawyer can give his time to client and other important related tasks. AI tool can be used for creating invoices, searching contract or specific case within short period of time and less possibility of human error resulting in improved productivity and efficiency. By using AI tool more tasks can be handled in a short time period.
Accessing Legal Help – This is an expensive task and not everyone can afford it. Using AI tool can help reduce the time spend into research resulting in spending less money on research and hence taking more than one task at the same time and also reducing the client cost.
Improved Document Reviews- AI tool can review the document in very less time and effectively without the possibility of the human error. It reduces the document review time.
Analysis – Using AI tool can examine patterns in legal process that provide understanding of the case outcome. Helping legal professional make more precise decisions and predictions.
24*7 availability – AI tool can be accessed 24*7 providing availability of all the research and legal document for task analysis.
Due Diligence – It is an important role that is provided by the firms, the human error is always possible as it is carried on for the need of judgement. Using AI tool will help the lawyers to speed up the process eliminating human errors and giving their clients better results.
Downside of Artificial Intelligence in Law
Data Privacy – Since keeping the client’s data safe and confidential is a duty of a lawyer or law firm, one should always make sure of what data should be accessible to AI.
Ethical Consideration – Where AI can be used to unlock the efficiency of the lawyers, they can also be potentially bias since data used by them comes from humans and also, they are trained by the humans, who could be bias.
Training and Education – Use of AI needs training and education and not every lawyer is tech savvy. It will also need the different infrastructure.
Job Displacement – Since AI works perfectly and efficiently taking less time it may harm the jobs of the people who work for the same repetitive and routine tasks.
Human Judgement is Missing – AI system will fall short where the cases require human judgement, empathy and a deep understanding of the culture and social context.
Resistance – Some legal professional may resistance the change and do not find adopting AI technology familiar.
Liability – Determining who will be liable in case of harm or errors. AI Developer or the user or both.
Future Of Law Firm – Enhanced efficiency and Accuracy
- Innovative ways of serving clients – In the ear of AI the way clients are treated would change for better. They would be given better ideas and economic legal solutions. As we all are aware that the service charge for legal professional is based on the time they invest, hence the use of AI will reduce the billable hour resulting in low cost or the parameter may change for the billing that may go to the performance-based pricing strategy.
- Focus shift – In today’s time the focus of the individual or the firm is on the increasing revenue, the competition between the legal firms have been constantly increasing. In future law firms can shift their focus from revenue to higher profit margins.
- Foundation for growth – In past few years the AI based solutions have shown up a significant change in the market. In Legal firms the use of AI can be of greater use to the lawyers as the tools like AI Lawyer, E-Discovery and other tools can help doing great research in lesser time with more accuracy and speed resulting in new ideas for the client and client satisfaction. Future law firms using such tools can reduce cost and gain higher profit.
- Brand Value – Law firms will focus on making the brand of themselves or the firm. In order to do that firms will need tech savvy employees and AI based solutions and platform.
Conclusion
Ethical Concern – Will AI replace the Lawyers?
The question of concern whether the AI will replace the Lawyers is a hot topic of debate now a days. The answer is NO. Introducing AI will increase the productivity of the Lawyers and Firms. The legal profession is highly based on the analysis, decision making abilities and representation these things cannot be robotic. The software and tools based on Artificial Intelligence will give authentic and accurate research for the better analysis and good results.
AI cannot understand the variation, it cannot make tough ethical decision. Building relationship is a human forte, understanding the clients emotionally, being empathetic to them, the human emotions is another aspect where AI lacks.
In India the era of AI in legal industry is still developing. These tools and software will not replace the Lawyers instead job analysis, stratification with the help of AI will make lawyers work more accurate and competent automating clerical tasks.
FAQ
- What is Artificial Intelligence?
- Who coined term Artificial Intelligence?
