Professional Documents
Culture Documents
IN LEGAL PROFESSION
BY:
PALAK CHHACHHIA
ROLL NO: 32
2022-23
CERTIFICATE
This is to certify that Palak Chhachhia has worked under my supervision and
guidance. The work contained in this project titled “The Impact of Artificial
Intelligence on Research in the Legal Profession” is original and has never been
submitted in part or in full for any other degree, either in this University or in any
other university by the candidate. I am satisfied that this research work is worthy of
consideration for the reward of Master of Laws for post graduate stream of Law
and has been complied with the Anti-plagiarism guidelines issued by the
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ACKNOWLEDGEMENTS
who lent sincere contributions in this project. I would like to thank my teacher for
the subject of Research Methodology Mrs. Mamta Soni, whose wise inputs and
remarkable teaching made me grasp the concepts and helped me work harder
I would also like to thank the librarian for providing access to books and materials
for the project, and the IT Department for making available the vast resources of
Student, LL.M.
Roll no. – 32
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DECLARATION
I, Palak Chhachhia, hereby declare that this project titled “The Impact of Artificial
work carried out by me under the guidance and supervision of Mrs. Mamta Soni
for the fulfillment of the requirements of the Degree of LL.M. Master of Laws in
post graduate stream of Law and has been complied with the Anti-Plagiarism
Guidelines issued by the competent authorities from time to time including but not
The interpretations put forth are based on my reading and understanding of the
original texts and they are not published anywhere in the form of books,
monographs or articles. The books, articles and websites etc. which have been
relied upon by me have been duly acknowledged at the respective places in the
text.
Diploma has been conferred on me before, either in this or in any other University
and the report of the Anti-Plagiarism Software is inserted at the last in this research
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HYPOTHESIS
Artificial Intelligence has been a subject of doubts, speculation and sheer mistrust
in many regards. A very prominent argument against AI in legal (or any other)
profession is that it cannot adequately replace human. There are some fields where
human judgment and empathy cannot be replaced without compromising the
general well-being. In this paper the author makes a case for the various ways in
which AI can help lawyers, judges and students in legal profession and not work
against them.
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RESEARCH PROBLEMS
What are the problems faced in the current legal research scenario?
What are the opportunities and threats of Artificial Intelligence’s growing role in
legal research?
RESEARCH METHODOLOGY
The research methodology followed for the paper is doctrinal research from both
primary and secondary sources. Majority of the research work has been done
through related laws, articles, commentaries and reports available in online
databases.
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LITERATURE REVIEW
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TABLE OF CONTENTS
INTRODUCTION.........................................................................................................................10
Granting of bail/parole/probation..........................................................................................15
Legal research........................................................................................................................17
Predicting outcomes...............................................................................................................18
ROSS Intelligence.....................................................................................................................21
KIRA Systems...........................................................................................................................21
eBrevia.......................................................................................................................................21
LawGeex....................................................................................................................................22
8
CHAPTER 4 – PROS AND CONS OF ARTIFICIAL INTELLIGENCE IN THE LEGAL
FIELD............................................................................................................................................23
BIBLIOGRAPHY..........................................................................................................................27
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INTRODUCTION
For the longest time Artificial Intelligence (AI) was considered a theory and far
from reality. However, in the age of information and rapid technological
advancements, AI has not only become a reality but is also expected, in the future,
to be as accessible to public at large as internet and smartphone in the current
times. AI has been defined as computer systems that have developed enough to
perform tasks that normally require human intelligence. Such tasks may include
visual perception, speech recognition, decision-making, translation etc. The idea
was far-fetched until a few decades ago because although machines typically are
programmed to do tasks more efficiently than humans, they usually need humans
to operate them. There was, hitherto, a limit to what machines can do and a clear
distinction between tasks only humans can do as compared to tasks that can be
performed by machines.
There are also different levels of AI. For example, some AI systems align more
closely with human behavior. The closer a system relates to actual human
behavior, the stronger the AI1.
By now, AI has already made progress by leaps and bounds to permeate a large
part of human life aided by a contemporary dependence on technology. Within the
last few years we have seen OpenAI release GPT 3 – the largest language model
that helps computers communicate with humans – and DALL-E for creation of
digital art. AI is also being used increasingly to augment enforcement of cyber-
security, healthcare, transportation and marketing. Various other sectors still
remain minimally affected by AI such as the medical field and legal field.
Substitution of personnel in professions that demand specialization, precision and
an ability to deal with highly dynamic problems is still something AI can’t do.
1
Kurzweil, Ray 1999. The age of spiritual machines. Penguin Books. ISBN 0-670-88217-8.
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While the people in such professions can’t yet be replaced by AI, it can still reduce
the workload in such fields via assistance. Many legal professionals and students
are often overworked because of the extensive research their job requires on a daily
basis. Despite their best efforts they may sometimes fail to find the right kind of
information, apply the right analysis to a problem and come up with the best
solution. This is where the potential of AI in the legal field shines. In this paper, we
will analyze the presence of AI in research in the legal profession.
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CHAPTER 1 - NATURE OF RESEARCH IN THE LEGAL PROFESSION
One of the most important aspects of the legal profession is legal research. The
society keeps changing and as does the law with it. Every day there are thousands
of cases before courts that require to be judged. A well-presented argument before
the judge is a result of hours of research on the intricate nuance of the case at hand.
Every aspect of human life is also governed by law in one way or another,
involving research on various levels. It is almost impossible to move forward in the
legal profession without spending hours every day on legal research.
The purpose of research is either to know about or to contribute something new to
the existing state of know1edge. The former can be described as the “disinterested
search for know1edge and understanding for its own sake” 2, whi1e the 1atter is an
app1ication based approach to the prob1ems in the rea1 wor1d. A very pertinent
definition of legal research defines it as the process of identifying and retrieving
information necessary to support 1ega1 decision making 3. Legal decision making
in itself is a very broad term. Legal research is involved every step in the process
of law-making, law-enforcement and everything in between.
2
David Wilkinson (ed.) The Researcher’s Toolkit, Routledge, (2000) at pg. 2
3
Barkan, Steven M.; Bintliff, Barbara; Whisner, Mary. Fundamentals of Legal Research (10 ed.). Foundation Press.
p. 1. ISBN 1609300564
12
method is adopted to get the more concise and accurate theoretica1 so1ution. The
basic materia1 of the theoretica1 researches can be found in the statutory materia1
i.e. primary sources as we11 in the secondary materia1. However, the research has
its own 1imitations, it is subjective, that is 1imited to the perception of the
researcher, away from the actua1 working of the 1aw, devoid of factors that 1ie
outside the periphery of 1aw, and fai1s to focus on the actua1 practice of the
courts.
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is through the application of AI and technology in the courts so that it can assist the
judges in various legal procedures and reduce the backlog4.
With the immense rise in the pendency of cases and delayed justice, artificial
intelligence can be the most effective solution to this problem. Recently at a
conference, former Chief Justice of India S.A. Bobde said, “We have the
possibility of developing Artificial Intelligence for the court system, only for the
purpose of ensuring that undue delay is prevented in the delivery of justice.” AI
can help the justice delivery system to become “efficient, time-bound, litigant
centric, affordable, accessible, cost-effective, transparent and accountable.” Legal
research needs to be done by the judges as well. Before a final verdict is delivered,
there are a large number of complicated procedures as well that not only consume
time but also prove to be tedious. AI-powered services have the potential to
perform these monotonous tasks such that the overall decision-making process
becomes faster and efficient. We have also seen AI being appointed as arbitrators
in U.S.5
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the contents of a document. Microsoft has already designed a machine that can
read and examine a document more accurately than a human and can answer the
questions related to the document6. Besides saving a large amount of time of the
court, these AI-backed tools can also make the judge confident about his verdict.
GRANTING OF BAIL/PAROLE/PROBATION
While dealing with a criminal case, a judge has to take various important interim
decisions such as granting bail to the accused instead of sending him to jail,
releasing a prisoner on parole, or granting probation to an offender. These
decisions are generally based on the rights of the convicts as well as the benefits of
society. To make such complicated decisions, the court has to examine all the
aspects of the case and then apply its own conscientiousness.
AI-powered machines can help the judges to take these decisions easily and
quickly by making it certain that the decisions taken are fair without any personal
biases or partiality made by the judges7. Public Safety Assessment (PSA) is one
such artificial intelligence machine that is being used in the courts of the U.S. 8,
6
Alison Linn (2018) at https://blogs.microsoft.com/ai/microsoft-creates-ai-can-read-document-answer-questions-
well-person/
7
Gunashekher Raj, Use of AI for legal services in India,CAM pioneers, 2017
8
Katz Daniel Martin, A general approach for predicting the behavior of the Supreme Court of
the United States, 2017
15
assisting the judges in deciding whether to release an accused on bail or not. It is
designed to calculate the chances of an accused to commit a crime again or his
chance of escape from the far-reaching power of law.
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CHAPTER 2 – ARTIFICIAL INTELLIGENCE FOR A REFORMED
LEGAL SYSTEM
Machines with artificial intelligence will reform the ways in which a civil or
criminal proceeding will take place9. It will also assist lawyers as well as judges by
reducing the time taken to perform various tasks at different stages of a trial. It can
assist the legal professionals in early detection of potential risks, producing
superior quality work, improving relationships with the clients, identification of
errors, legal analysis, etc.
LEGAL RESEARCH
Lawyers can be saved from doing different mundane tasks in the future with the
assistance of AI. One such field of work is legal research. Legal research is the first
and foremost thing that a lawyer must learn and it plays a significant role in
presenting a case in court. Unlike other types of research, legal research requires
special skills and legal analysis. It is on legal research that the arguments are based
and thus, it plays a major role in winning or losing in the courtroom. Legal
research mainly includes finding relevant cases or judgments that are related to the
9
Rob Toews (2019), Forbes, at https://www.forbes.com/sites/robtoews/2019/12/19/ai-will-transform-the-field-of-
law/?sh=662b5e8d7f01
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case at hand. Before the advent of online legal research tools, lawyers used to go
through hard copies of books and judgments to find out relevant information,
which was a huge and laborious task and it took hours and days to find any useful
information.
PREDICTING OUTCOMES
One of the most important skills a lawyer must possess is to predict the legal
outcomes and liability of a case. Most of the time, lawyers are asked by the clients
what are the chances of winning the case or whether the outcome will be beneficial
if they file the case. Predicting such legal outcomes depends on a large number of
factors such as the evidence, witnesses, facts of the case, judge, opinions, previous
court orders, and so on. Lawyers try to predict the outcomes of a case by using
their experience, reasoning, knowledge, professional judgment, and other cognitive
skills. Predicting legal outcomes plays a very significant role in advising clients
about future courses of action. However, in many cases, lawyers are unable to
predict it correctly, as they have to consider a large amount of data before making
the prediction. AI can provide more accurate predictions as it can store and review
enormous amounts of data10.
Various foreign companies have already made such legal outcome predicting tools
using artificial intelligence. Some of those companies are Lex Machina 11,
Premonition Analytics12, Ravel Law, etc. According to the reports, these AI-
powered tools can predict court decisions much better than humans as the
predictions are based on two centuries of court data analytics.
10
Susan L. Shin, How AI can Help You be a Better Litigator, New York Law Journal (2019).
11
https://lexmachina.com/media/press/lex-machina-wins-2019-artificial-intelligence-breakthrough-award/
12
https://premonition.ai/legal_analytics/
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GENERATE AUTOMATIC PLEADINGS
AI can also help lawyers in creating automatic pleadings. It can be used in
producing discovery responses, responsive pleadings, and other documents. The
only thing the lawyers have to do is to upload the complaint or the discovery
request along with the jurisdictional requirements. Legal Mation is one such
company that has already made such a system13. It uses different AI technologies to
produce several types of automated legal documents using the lawyer’s own style
of formatting and response strategy. These high-quality drafts are completely
customizable as per the lawyer’s needs.
13
https://www.appengine.ai/company/legalmation
14
Parth Jain, Artificial Intelligence for Sustainable and Effective Justice Delivery in India, 11 OIDA International
Journal Of Sustainable Development, 63, 66-68 (2018).
19
documents must be organized in a proper systematic manner. AI with the help of
machine learning algorithms can do this task so that lawyers can concentrate on
more important tasks. Machine learning algorithms can be trained to perform this
classification task. They have to be trained to spot the differences between the
different types of documents. By using a machine learning approach called
“clustering”15, AI can also be used to automatically group items that possess some
common characteristics by detecting the hidden or unknown similarities between
them.
15
Dr. Inderpreet Kaur1 & Mr. Chander Gopal Puri, Impact of Artificial Intelligence on Legal Industry, ISSN 2581-
5369, (2021)
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CHAPTER 3 – AI SYSTEMS PRESENT IN THE LEGAL SYSTEM
ROSS INTELLIGENCE
KIRA SYSTEMS
EBREVIA
16
. ROSS Success Story, at https://www.utoronto.ca/news/ai-success-story-u-t-s-ross-intelligence-returns-toronto-
open-new-research-headquarters
17
https://kirasystems.com/how-kira-works/
21
legal documents and contracts within a very short period 18. This uses AI and
advanced machine learning to identify and extract content from a contract and
makes a summary report of that extracted part. Saving around 50-60% of the time,
eBrevia can extract important information from a contract, customize that extracted
data and present it in Word, Excel, or other databases.
LAWGEEX
18
https://www.dfinsolutions.com/products/ebrevia/contract-management
19
https://www.lawgeex.com/platform/managed-ai/
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CHAPTER 4 – PROS AND CONS OF ARTIFICIAL INTELLIGENCE IN
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manner. Thus, AI helps in increasing productivity as well as producing
higher-standard work.
Lastly, human decisions are generally based on emotions. Emotions not only
affect the nature of the decision but also a greater time is taken to convey the
decision. On the other hand, machines resolve the matter rationally,
logically, and not emotionally. The non-existence of emotions and feelings
allows machines to make the right decisions in a short period.
But every system has its disadvantages. The under-mentioned points are some of
the cons that the system has:
One of the chief disadvantages faced by machines is that it lacks originality,
creativity, and innovative skills. If machines are used instead of judges to
decide a case, they will give the judgments based on pre-determined cases,
which may not be applicable in all circumstances because each case differs
from the other in some way or the other20.
In the developing countries, technologies and machines are still outdated as
compared to the developed countries of the world and thus, they are still not
reliable.
The most important reason for lawyers not to use AI is the risk of
unemployment. Now that AI is getting more prevalent, there is a high
chance of large-scale unemployment.
Another major disadvantage is that these complex machines incur huge
installation costs as well as maintenance and repair costs, which only a few
organizations can afford. Moreover, with the changes in the environment,
there is a continuous need for upgrading the software programs that also
require a huge fund.
20
Harry Surden, Machine Learning and Law, 89 Wash L. Rev, 87, 102-107 (2014).
24
The legal personality of artificial intelligence is still not clear, as it is not
properly defined in any of the laws. The current legal framework does not
define whether the common laws apply to AI and machines.
Whenever it comes to machines, the first thing that strikes our mind is data
security. The AI-powered machines must be designed in such a way that
client data remains secured and protected so that they are not misused.
However, in reality, there are various instances, where the personal
information of the clients has been exploited.
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CONCLUSION AND SUGGESTIONS
To sum up, Artificial Intelligence is no more a futuristic idea but a reality. The
world is on the point of transition to alter dramatically many sectors through
artificial intelligence and machine learning. There are already remarkable
deployments in education, healthcare, finance, transportation, security and
surveillance, and it is making impressive modifications in decision-making, risk
reduction, business patterns, and system performance. Besides all these, artificial
intelligence is also assisting lawyers and judges by reducing the time taken to
perform various tasks at numerous stages of the trial and decision-making process.
It becomes undeniable that by saving time in the trial and decision-making process
the number of pending cases in the courts of law would lessen.
With the imminent rise of efficiency, productivity and sustainability, there comes a
myriad of socioeconomic, political, institutional challenges that must be
communicated to the inhabitants of the country so that they can utilize all the
benefits of AI for economic prosperity and growth. This shall ensure efficacious
justice to the masses. AI will enhance the way we think or perceive things and
change the outlook by exploring new horizons from space to oceans. It will bring a
revolution in mankind and can become the most powerful and dominant human
innovation in history.
However, AI cannot be left unregulated and with the emergence of a large number
of AI there will also be requirements of governance for the same and more and
more legal grey areas. There are already dilemmas like copyrights for AI-generated
work, liability for actions taken based on AI-generated information etc. Even with
all these unpredictable challenges, the best way to deal with the unknown is to
embrace it.
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27
BIBLIOGRAPHY
Other Authorities
Books
Barkan, Steven M.; Bintliff, Barbara; Whisner, Mary. Fundamentals of Legal Research (10 ed.).
Foundation Press. p. 1. ISBN 1609300564................................................................................12
David Wilkinson (ed.) The Researcher’s Toolkit, Routledge, (2000) at pg. 2..............................12
Kurzweil, Ray 1999. The age of spiritual machines. Penguin Books. ISBN 0-670-88217-8.......11
Articles
Akash Manwani & Riddhi Pawar, Application of AI in Legal Practice: “locus stadi & AI”,
Artificial Intelligence, Law and Policy Implications, I Ed., (2020).........................................14
Ghazal Bhootra & Ishan Puranik, Arbi(traitors?): A case against AI Arbitrators, IALR 2022....15
Gunashekher Raj, Use of AI for legal services in India,CAM pioneers, 2017..............................17
Harry Surden, Machine Learning and Law, 89 Wash L. Rev, 87, 102-107 (2014)......................28
Katz Daniel Martin, A general approach for predicting the behavior of the Supreme Court of the
United States, 2017....................................................................................................................17
28
Parth Jain, Artificial Intelligence for Sustainable and Effective Justice Delivery in India, 11
OIDA International Journal Of Sustainable Development, 63, 66-68 (2018)...........................21
Rob Toews (2019), Forbes, at https://www.forbes.com/sites/robtoews/2019/12/19/ai-will-
transform-the-field-of-law/?sh=662b5e8d7f01.........................................................................18
Susan L. Shin, How AI can Help You be a Better Litigator, New York Law Journal (2019)......20
29