Author: Luxen I, The Tamil Nadu Dr. Ambedkar Law University, Chennai
ABSTRACT
Due to the Drastic growth of technology in the world, the burden of work on human beings can be reduced. Humans can invent various machines and software to simplify the day-to-day work. These kinds of technologies are called as Artificial Intelligence shortly as, (AI). Almost in all sectors, the AI based machines are involved to complete the work effectively within a short span of time, especially in legal field. In law field, AI based tools are helpful for the law firms and judges to complete their work with less burden of work. In this article, you can learn whether the application of AI is good or bad and the positive and negative impacts of AI in legal research and also the future of Indian judiciary by the application of AI in Indian legal system.
TO THE POINT
In computer science the term “Artificial Intelligence” is widely recognized to be used for the first time in August 1955 in a proposal of a research project authored by John McCathy, Marvin L. Minsky, Nathaniel Rochester and Claude Shannon. In 2018, the European commission launched a European initiative on Artificial Intelligence having the aim of preparing for socio-economic changes brought about by AI. Development in AI is presenting an opportunity for the legal Industry to have efficient and effective solutions, reduce the costs, less time consuming and streamline the legal procedure. There are a numerous cases filing before the court of Law each year. By using the technology of Artificial Intelligence (AI), it is easy for the judges to collect the possible and sufficient information about the case for the speedy disposal of the case. This will assist the courts in resolving cases more efficiently and swiftly. In contrast to the industrial revolution, which mechanized physical labor, the AI-driven revolution is streamlining cognitive tasks. As a result, AI is significantly influencing the legal profession. AI is used to help draft the petitions, contracts, predict legal outcomes and even recommend judicial decisions about sentencing or bail. There are various benefits of Artificial Intelligence in the legal field. It aids the lawyer in boosting their efficiency and preventing expensive errors. Sometimes algorithms have been used in discovery of the legal process for discovery of the relevant document from the opponent in a law suit. Artificial intelligence is revolutionizing the legal field in ways that are unprecedented, presenting both new opportunities and challenges. Legal research, which involves the identification, analysis, and application of the law to address specific issues, is a fundamental skill for lawyers that plays a crucial role in nearly every area of legal practice. There is no segment of the legal profession that does not engage in the process of legal research. Hence legal research is determinant to almost all activities of the legal professionals. Although different professionals may undertake different types of research in scope, nature and magnitude, researching law is the common denominator to accomplish the tiniest of the legal tasks.
HISTORICAL BACKGROUND ACROSS THE WORLD
The simulation of human intelligence by machine has long fascinated the legal professionals to delegate their work to done their work efficiently without fail. In 1950, British mathematician Alan Turing published a paper on commuting machinery and intelligence posing the question of, “Whether a machine can think?” The term artificial intelligence was introduced in 1956 during a conference held at Dartmouth College in Hanover, New Hampshire. Since 1960’s the application of Artificial Intelligence comes into the legal field. The definition of AI in the realm of computing is similarly applicable to its use in the legal sector. Computer Assisted Legal Research initiated in the mid 1960’s but the first CALR system were primitive by today’s standard and not widely available. The CALR revolution gained in ground with the introduction of Lexis in 1973. It was the initial commercial comprehensive electronic collection of case law and was promoted to lawyers and judges. West Publishing Company followed Lexis in entering the electronic legal research market in 1975 for the first-time lawyers had a comprehensive and searchable electronic access to case laws, unmatched in both scale and extent, which significantly streamlined the research procedure. During the early years of the 21st century, advanced mathematical approaches in machine learning became prominent in the field, demonstrating their effectiveness in addressing numerous complex issues across both industry and academia. AI ross created by IBM, has adopted by legal firms worldwide and especially in USA.
AI ACROSS DIFFERENT COUNTRIES
THAILAND:
In Thailand, the authorities are taken an initiative to promote AI workforce development in the country’s National plan and also to establish a Central AI platform for AI services. In 2023, Two draft legislation have been introduced
The suggested Royal Decree concerning Commercial Activities Engaging Artificial Intelligence Systems (“Draft Decree”).
The proposed legislation regarding the encouragement and assistance of AI innovations in Thailand (“Draft legislation”).
The Thai government has also sanctioned guidelines that offer direction to AI researchers, developers, designers, and service providers regarding the use of AI and the associated rights and risks involved in its development. In reaction to these changes, the Thai government has adopted a position on AI by acknowledging its legal classification as property under the Civil and Commercial Code of Thailand (CCC). This recognition signifies the potential value of AI and establishes that the creators of AI algorithms possess ownership right.
CHINA:
In China, artificial intelligence can analyze historical cases and propose relevant laws and precedents, a practice referred to as Smart Court Systems. It allows judges to make informed and deliver justice quickly by recommending sentence based on similar cases. Chinese Courts use AI for legal research. The “CHINA JUDGEMENTS ONLINE” (Driven by AI) enables judges to swiftly locate pertinent legal documents.
UNITED STATES OF AMERICA:
In the United States, legal practices utilize AI tools for conducting discovery processes. Artificial intelligence is employed to analyze travel patterns, which helps connect suspects to crime scenes. In America, the role of Judges is narrow and the AI applications can be used to consider the purposes of law. Experts categorize AI into three types: Narrow AI, Strong AI (also known as Artificial General Intelligence or AGI), and Super Intelligence. As of now there are various regulations can be imposed on usage of AI in America. Federal agencies like FTC provide guidelines on usage of AI due to the issues occurred on fairness and transparency and California enacted privacy laws that impact on AI driven data processing.
CURRENT STATUS OF AI IN INDIAN LEGAL SYSTEM:
Since 2021, the Supreme court of India has been using an AI controlled tool and make it available for the judges. However, there is a growth of AI across the globe, it was not used in decision making process in India. In India, the AI tools can be used for translations which translates the legal papers from English into a Vernacular language. Supreme Court of India using SUVAS (Supreme Court Vidhik Anuvaad Software) which is an AI software used for translation of legal papers. “Recently, the Punjab and Haryana High Court rejected a bail petition due to some allegations from the prosecution that the petitioner was involved in a brutal fatal assault.
The presiding judge requested input from ChatGPT to gain a wider perspective on granting of bail when cruelty is involved. It is important to note that the ChatGPT is used to gain the broader knowledge of Bail Jurisprudence where cruelty is a factor and it was not used for analyzing the merits of the case and the trail court not even consider the comments of the ChatGPT for the decision-making purpose”.
IMPACT OF AI IN INDIAN LEGAL SYSTEM
POSITIVE IMPACT
Helps to provide speedy Justice:
Introduction of AI can speed up the legal process and aids to render speedy justice by using AI AI tools in it. AI can look into the vast amount of data and find its trends within a limited time and it helps the country to render justice to the millions of cases waiting to be heard and it aids the court system to be faster and easier to use.
Efficiency and Time saving:
AI-Powered tools help the lawyers to undergo the time-consuming tasks like Document review, Legal research and contract analysis. It can automate themselves from doing these complex tasks which save the precious time of the lawyers. This helps the lawyers to focus on more complex and strategic work, which enhance their efficiency. Mc Kinsey & Company undergo a study and AI powered tools can reduce the time spend on the legal research by 50%.
Helps to Enhance legal research:
Legal research is a crucial aspect of legal field and there is a vast amount of data that is available in the legal field. By using AI algorithms, it is easy for the lawyers for extracting key insights and precedents that support legal arguments because AI algorithms can analyze legal database within a short span of time. This enables attorneys to make better use of their time and improves the accuracy and quality of legal research.
NEGATIVE IMPACTS
Bias and Discrimination:
AI can predict the case based on the data feed by the creators. If any historical data of cases that contains biases that is feed to the AI leads to biased outcomes. Fairness and justice is the paramount consideration in Legal profession, this risk of bias and discriminatory patterns leads to the risk among fairness and discrimination in the legal outcomes.
Data Privacy and Security:
AI needs vast amount of data to be the effective. It often requires users to input data including potentially sensitive information about individuals or organizations. Legal professionals must ensure robust data privacy and security measures to prevent unauthorized access, breaches or misuse of sensitive legal data.
Professionals may face Un employment:
It is a significant dis-advantage arises due to AI in legal field. Usage of AI leads to reduction in manual work. There are various cost-effective benefits due to AI in legal field. By employing legal professionals in law firms might be costlier compared to usage of AI. This adversely affect the legal professionals and leads to unemployment.
Big law firms only afford AI:
Because of the high costs associated with implementing AI in law firms, many firms are unable to invest in it. Only a select number of large law firms have the financial resources to adopt this technology. Relatively smaller law firms cannot afford enough money to adopt for new technology.
CONCLUSION
There are various benefits as well as drawbacks in the improvement of current technology, one of them is AI. The usage of AI in legal field can improve the efficiency of work and less the burden of work on the people. It can increase the accuracy in legal research which helps the lawyers and law firms to do their work effectively. However, there are many positives of using AI are considered but the negative impacts such as unemployment, cost of maintaining is also high are also considerable. Not every law firm can adopt to the current technology, only the high standard law firms can adopt the AI technology in the law field. The successful implementation of AI in judiciary requires careful consideration of ethical and privacy concerns, as well as ensuring that these technologies complement human judgement rather than replacing it entirely.
FAQS
How is Artificial Intelligence currently used in the Indian legal system?
AI in India is primarily used for supportive functions like translating legal documents. Tools like SUVAS (Supreme Court Vidhik Anuvaad Software) assist in converting English legal texts into regional languages. However, AI is not yet involved in decision-making processes by courts.
What are the benefits of AI integration in legal practices?
AI enhances efficiency, saves time, and improves accuracy in legal research. It automates repetitive tasks such as document review and legal database analysis, enabling lawyers to focus on strategic matters.
What are the major drawbacks of AI in the legal sector?
Some key concerns include bias and discrimination, privacy risks, unemployment among legal professionals, and high installation costs that limit AI usage to only well-funded law firms.
Has AI ever been referenced in a real Indian legal proceeding?
Yes. In a recent case, the Punjab and Haryana High Court referred to ChatGPT for broader insights on bail jurisprudence. However, the AI’s opinion was not used in determining the actual case outcome.
REFERENCE
Peter Homoki’s, Guide on the use of Artificial Intelligence-based tools by lawyers and law firms in EU, 2022, European law foundation.
Artificial Intelligence lecture notes by Prof. Pradipta Kumar Das, Veer Surendra Sai University of Technology, Odisha, Burla.
Anja Oskamp and Arno R. Lodder, Introduction to Law, Information Technology and Artificial Intelligence, Computer/law institute, VU Amsterdam, Netherlands.
Alzbeta Krausova, Intersections between law and Artificial Intelligence, International Journal of Computer, ISSN 2307-4523.
The Impacts of Artificial Intelligence on Research in the legal profession, International Journal of Law and Society, 2022; 5(1): 53-65.
James E. Baker, Lauri N. Hobart, Matthew G. Mittelsteadt, AI for Judges (a framework), December 2021, Center for security and emerging technology.
Law Notion, Use of Artificial Intelligence in Legal Practice, British Institute of International Law and Comparative Law.
AIT Staff writer, How AI is become ultimate side kick for lawyers, September 5 2023, www.authority.com.
Dr. Nivash Jeevanandham, Impact of Ai in Indian legal system on constitution day 2023, by ww.indiaai.gov.in.
Altlaw, The disadvantage of AI in law and how to avoid them, 12th June 2023, by www.altlaw.co.uk.
Lyle Solomon, The advantages and dis-advantages of AI in law firms, by www.venturebeat.com.
Matthew Stepka, Law Bots: How AI is reshaping the legal profession, feb 21 2022, by www.businesslawtoday.org