Author: Aashna, a student at University School of Law and Legal Studies
To the Point
With changing times, the use of AI (Artificial Intelligence) in the legal field no longer remains a fiction. Various advanced AI tools which have been specifically designed for the purpose of drafting, research and proofreading etc, are being very actively used in the legal profession. On one hand, it makes the time consuming and complex process of drafting and legal research much more convenient. While on the other it poses some serious questions regarding the credibility and confidentiality of contracts or other legal documents. Various courts and legal institutions have responded to the growing debate on AI in law through key developments.
Abstract
This article deals with the incorporation of AI based tools in the legal field and their growing presence. It addresses critical issues such as the reasons behind the increased popularity of AI tools among young lawyers and law students. Moreover, it highlights the ethical concerns regarding the over reliance on AI in a field which is primarily based on human abilities like communicating, advocating etc. It also lists some recent cases which addressed the same problem and concerns regarding the use of artificial intelligence and the courts responses to it. Thus, this article aims to argue for the adoption of a balanced approach when it comes to using AI just like in any other field.
Use of Legal Jargon
The given article focuses on the entry of AI into the legal field, thus it mainly highlights the provisions mentioned under the Information Technology (IT) Act, 2000, which provides for various terminologies and procedures revolving around AI and its usage. Such as issues regarding the authentication of an electronic record like an AI-generated draft of a contract or the rules and regulations regarding the cybersecurity and concerns regarding data breach etc. Other than that, it also briefly includes some basic elements of the Indian Contracts Act, 1872, for instance-drafting of a contract with the help of AI. As per section 10 of the Indian Contract Act, 1872, a contract is an agreement enforceable by law. When it comes to concerns regarding confidentiality of the information shared, the Data Protection Act, 2023 comes into light.
The Proof
Recently, there have been various developments in the Indian legal systems and courts which suggest a strong support in incorporating AI in the field. For instance, the Calcutta High Court, introduced an AI-based chatbot as an initiative to help the litigants and make their jobs easier. Thus, the Indian courts in various regions are becoming more used to the new technology and adopting it through various measures. Moreover, various AI based tools are making legal research an easier job. For instance, an AI tool called Draft Bot Pro is a tool which helps you with legal research, drafting and various other tasks. Contract analysis and drafting are among the tasks where tools like Lexis+ AI are already proving useful. Other than that, many corporate law firms in India are gradually integrating the use of AI to make their tasks more cost and time efficient. Moreover, AI-generated contracts or drafts are beginning to be accepted in the corporate sphere. However, it is yet to be fully accepted by the Indian Courts or in litigation specifically. We have witnessed various cases and their judgments which put forward the idea that AI cannot be considered a primary source for research. Thus, AI generated content is not acceptable by Indian courts in the present context.
So, AI is gradually entering the legal arena but there clearly remains a debate ongoing regarding the extent to which AI must be used in the legal field, based on the sensitive nature of the information and potential threats to confidentiality in addition to the lack of accountability in case of any potential breach of data.
Case Laws
Jaswinder Singh v. State of Punjab
In the given case, a bail petition was filed by the petitioner under the Punjab & Haryana High Court being convicted for a brutal assault. The legal issue was whether the bail should be granted considering the nature of the offence. The High Court used ChatGPT to get a broader idea on the same. Eventually, based on the response and the benches’ own interpretations it was ruled that the crime was too heinous to grant a bail, thus the bail plea was rejected.
This judgement highlights the proactive approach of the Indian judiciary to increase the use of AI into legal procedure but at the same time establishes a clear boundary with the usage of the same. The court did not rely on it completely, instead it merely used ChatGPT as a tool to elaborate on the reasoning of the court. It reinforces the principle that AI must complement, not replace, human judges in the decision-making process.
Mohd. Zakhir Hussain v. State of Manipur
In the given case, the petitioner filed a petition in the Manipur High Court against his dismissal based on negligence of his duty. The legal issue which was dealt with in this case was whether the dismissal was valid or not. For examining the same, the High Court decided to make use of ChatGPT to research upon an affidavit which was submitted as a key element to this case. The petitioner ultimately secured a favorable ruling from the court.
Thus, this case shows the willingness of Indian courts to make use of AI based tools for research purposes or to seek clarifications in cases when existing materials are too imprecise to interpret or delay judicial decision-making.
Christian Louboutin SAS v. Shoe Boutique – Shutiq
In this case, the petitioner filed a trademark infringement suit against the respondent based on their distinctive red sole shoes. However, the petitioner’s counsel in their arguments submitted some information derived from ChatGPT. It was contented on their part that the AI tool was used to generate content in support of their main argument and plea. However, the Delhi High Court rejected the acceptance of AI generated content as a reliable legal source. Thus, the court did not consider the same in its ruling, instead it highlighted the importance of other official legal sources to give its final ruling in favour of the plaintiff.
Thus, the mentioned case laws highlight the willingness of the courts to accept AI as a tool for secondary research or elaboration; however, it clearly rejected the idea of using AI for primary research or as a source for legal research due to the ethical concerns regarding its usage.
Conclusion
Undoubtedly, Artificial Intelligence (AI) is one of the most helpful and valuable human inventions thus completely denying its usage is an insult to modern sciences. Nonetheless, its use should be clearly defined and appropriately limited. It becomes problematic when these AI based tools seek to replace the legal professionals themselves instead of acting as mere tools to make their jobs easier. Therefore, it is very crucial to keep a check on the extent of its usage. It should be used for menial and tasks of secondary importance. However, it should always be the legal professionals who have the final say- it should not overpower human intellect and abilities.
FAQs
How is AI helpful in the legal field?
AI tools offer various services such as conducting legal research, drafting documents based on the provided prompts as well as helping with other writings. Thus, it is very helpful for lawyers and law students, by making their job much more convenient and time saving.
Can AI replace lawyers and legal professionals?
Currently, no AI cannot completely replace legal professionals as it cannot exhibit the interpretation skills or the human connect that legal professionals offer. Therefore, it might be used for tasks such as drafting or research, it cannot replace a lawyer.
What are the cons of using AI in the legal landscape?
The use of AI in the legal field poses serious threats like issues of confidentiality, lack of human intent, presence of bias, lack of accountability etc.
Should AI be entirely excluded from legal practice and judicial processes?
No at all, AI tools are very much effective in increasing the efficiency of the legal professionals and makes the task much easier. Thus, it does not pose a problem unless it is used excessively.
What lies ahead for AI in the legal profession?
AI is said to be used much more actively in the future. With the development in the AI tools it is expected that the current shortcomings might be considered in developing more advanced tools to ensure that these concerns are taken proper care of.
Sources
https://www.barandbench.com/columns/artificial-intelligence-in-context-of-legal-profession-and-indian-judicial-system
https://indianexpress.com/article/explained/explained-global/kerala-hc-policy-ai-10149077/
https://indianexpress.com/article/explained/explained-law/ai-chatgpt-high-courts-judiciary-9356510/?utm_source=chatgpt.com
Mohd. Zakir Hussain v. State of Manipur, 2024 SCC OnLine Mani 172
https://www.scconline.com/blog/post/2023/08/28/delhi-hc-artificial-intelligence-cannot-substitute-human-intelligence-in-adjudicatory-process/
