Role of artificial intelligence in law

Satya Vrat Pandey

BA -LL.B , 2nd Year
Integral University
Lucknow
( Researcher1 )

Aditi Agarwal
BA-LL.B, 2nd Year
Integral University
Lucknow
( Researcher2and Speaker )

ABSTRACT

Much has been written recently about artificial intelligence (AI) and law.1 But
what is AI, and what is its relation to the practice and administration of law?
This article addresses those questions by providing a high-level overview of
AI and its use within law. The discussion aims to be nuanced but also
understandable to those without a technical background. To that end, I
first discuss AI generally. I then turn to AI and how it is being used by lawyers
in the practice of law, people and companies who are governed by the law,
and government officials who administer the law. A key motivation in writing
this article is to provide a realistic, demystified view of AI that is rooted in the
actual capabilities of the technology. This is meant to contrast with discussions
about AI and law that are decidedly futurist in nature. That body of work
speculates about the effects of AI developments that do not currently exist and
which may, or may not, ever come about. Although those futurist
conversations have their place, it is important to acknowledge that they
involve significant, sometimes unsupported, assumptions about where the
technology is headed. That speculative discussion often distracts from the
important, but perhaps less exotic, law and policy issues actually raised by AI
technology today.

Keywords: artificial intelligence, AI law, machine learning, prediction, informatics

Suggested Citation: Surden, Harry, Artificial Intelligence and Law: An Overview (June 28,
2019). Georgia State University Law Review, Vol. 35, 2019, U of Colorado Law Legal
Studies Research Paper No. 19-22, Available at SSRN: https://ssrn.com/abstract=3411869

INTRODUCTION

Meaning of artificial intelligence

Artificial Intelligence (AI) is a phrase coined by John McCarthy, the father of AI. The Oxford
Dictionary defines Artificial Intelligence as “the theory and development of computer
systems able to perform tasks normally requiring human intelligence, such as visual
perception, speech recognition, decision-making, and translation between languages.

To elaborate further, the goal of AI development is to meet the need for and desire for
automation in today’s fast-paced human lives. Artificial intelligence (AI) is currently being
used to do mundane or even difficult tasks.

Major capabilities of AI

 Personalization and profiling.

 Predictions.
 Pattern recognition and anomaly detection.
 Natural language.
 Object identification
 Goal achievement.
 Artificial intelligence in the Indian legal profession
Each breakthrough in the field of law has been revolutionary, from typewriters to
computers, from using libraries solely for legal study to using internet portals to find
relevant case laws, from fax machines to emails. Now is the moment for AI to enter the legal
profession. Although the legal services market is one of the largest in the world, it is also
believed to be under-digitized in its operations. The legal profession is fairly conventional in
its approach and hesitant to adopt new technologies. It’s time for us to accept that Artificial
Intelligence has the potential to transform the way lawyers currently work and the way law
is viewed in India. As stated by Justice D.Y. Chandrachud, “technology is relevant insofar as
it fosters efficiency, transparency, and objectivity in public government. AI is present to
provide a facilitative tool to judges in order to recheck or evaluate the work, the process,
and the judgments.” The primary purpose is to give common people greater access to
justice in the long run.

In the field of legal research, lawyers can use machine learning technology to get
unmatched insight into the legal world in a matter of seconds. Cyril Armarchand and
Mangaldas is one such firm that has recognized AI’s capabilities and is enthusiastically
adopting it. CAM has achieved history by becoming the first Indian law practice to license
“Kira,” a machine learning program developed by Kira Systems in Canada. This AI-based
software can handle a lot of things, which saves a lot of time and effort. The “Kira”
technology is used to analyze legal papers, locate and spot any potential dangerous areas,
and extract provisions from various legal documents.

Current state of artificial intelligence in law

In the realm of law, one of the most significant disruptions that AI can make is in the field of
legal research. The Indian legal system is continuously changing, and lawyers may gain a
unique insight into the legal sphere in seconds using Artificial Intelligence.

An artificially intelligent research platform can complete research in seconds, and whether a
law firm has 400 lawyers or a single practising lawyer, AI can balance the costs of legal
research while maintaining a consistent level of quality. It can equip lawyers with efficient
tools to help them become better at advising clients.

Application of artificial intelligence in the legal world

The current Artificial Intelligence applications in the industry can be
categorized into six main parts:

1. DUE DILIGENCE: Lawyers use Artificial Intelligence tools to perform due

diligence and uncover background information. In light of the current scenario,
developers have opted to integrate a slew of new features, including agreement
review, legal inquiry, and electronic media for this section of the industry.
 2. PROGNOSTICATION TECHNOLOGY: Artificial Intelligence (AI) aids in the
generation of outcomes for legal investigations and agreement evaluations. This
characteristic of AI programming appears to be extremely beneficial to legal firms
and industries.

3. LEGAL MECHANISM: Lawyers can obtain information points from prior or past
instances using Artificial Intelligence technologies. They can also utilize this data
to keep track of the judge’s instructions and forecasts. This technology is likely to
become increasingly important on a global scale in the near future.

4. DOCUMENTING MECHANISM: Different types of software arrangements are

used in the legal industry to develop papers that aid in the collection of data and
information. In the law firm industry, there are numerous documents that are
useful. As a result, it is really beneficial.

5. INTELLECTUAL POSSESSION: Artificial intelligence algorithms demonstrate

lawyers how to examine massive IP files and extract meaning from a variety of
attractive texts.

6. ELECTRONIC RECEIPT: Lawyers used to make their own receipts for a long
time. The billings of lawyers were turned electronic after AI software development
technology was applied in these businesses.

Law companies with a larger financial budget are expected to adapt to AI technology more
steadily and quickly. New start-up firms and tiny businesses, on the other hand, maybe able
to begin with a productivity-driven approach that is automated and progressive in
comparison to the larger corporations.

Face of future law firms

In the last few years, the legal business has seen a significant increase in competition.
Understanding technological changes and client requirements have become critical for law
firms. Those who turn a blind eye to these changes will become obsolete in the next few
years.

Future law firms would be very different from what we see now. Let’s have a look at some of
the qualities that advance legal companies would have:

1. CLIENT SERVICE INNOVATIONS:

2. FOCUS ON HIGHER PROFITS:

3. MAKING TECHNOLOGY THE FOUNDATION FOR GROWTH:

4. FOCUS ON BRAND VALUE:

Areas in the realm of law stand out as potential for AI use

1. CONTRACT REVIEW

2. CONTRACT ANALYTICS

3. LITIGATION PREDICTION

4. LEGAL RESEARCH

Impact of AI on the Indian judicial system

When we look at the Indian court system, we can see that there are judicial delays. The
judiciary is overburdened with over 3 Cr. pending cases, which causes unwelcome delays in
administering justice to the people, and as the phrase goes, justice delayed is justice denied.
As a result, various efforts are being taken to improve the current situation, such as cutting
vacation duration and improving judging strength, but it is time to do more, which is where
Artificial Intelligence comes into play .

According to studies, AI can be very useful at the evidence stage, which is a critical point in
any case. Because it is such an important stage in any case, it consumes a significant amount
of court time. AI-assisted analysis can assist judges in making quick decisions. Multiple
delays are a common feature of this stage for various reasons such as delay due to
Investigation in charge, absence of witnesses, etc. The function of AI technology in such
situations would be to predict potential delays, which would benefit judges because they
would know ahead of time what causes the above-mentioned delays in similar cases, such as
murder.

This predictive technology will be beneficial because judges will be able to handle the
workload of each case appropriately. It will also assist judges in taking proactive measures to
prevent witnesses from becoming hostile by providing them with additional police protection.

Use of technology and AI during Covid-19 in law

People’s life has been impacted by the covid-19 epidemic. In the realm of law, it has
undoubtedly made lawyers and judges see the value of technology and the necessity of
employing AI and machine learning software to complete their tasks. As a result of the social
isolation that has resulted in a lockdown, the courts are only dealing with urgent matters via
video conference and e-filing of legal documents, as ordered by the Supreme Court. In the
case of Swapnil Tripathi v. Supreme Court of India, the Supreme Court of India
acknowledged the notion of live streaming of proceedings, with the exception of specific
situations such as rape and matrimonial cases.

As Justice Sikhri properly points out, “the wheels of justice cannot be stopped because of
lockdown.” Delivery of justice is under essential services, and technology has played a
critical part throughout Covid-19, from e-filing to e-payment of court fees, among other
things. The Delhi High Court has even gone a step further by establishing e-rooms, which are
completely paperless courtrooms where people can check their case facts on their internet
portal. Given the circumstances we all find ourselves in, technology is the one friend who
will be with us for a long time. It is therefore time to embrace technical breakthroughs,
including AI, and go forward on the path of growth.

AI: a lawyer’s replacement?

Many innovative solutions have been introduced in the legal field, improving the productivity
of lawyers, contract analysis, trademark search software, legal research software, and much
more. However, none of the AI-based software aims to replace lawyers but is instead
improving the authenticity and accuracy of research and analysis.

In India, the legal profession is still evolving, and more AI-based and automated aiding tools
and software are on the way. These AI-based automated aiding software will not replace the
lawyer’s profession, which requires analysis, decision-making, and stratification, but will
instead make them more efficient and competent while automating numerous clerical jobs.

Challenges of AI in law

1. Not completely accepted by Legal Profession

2. The Legal personality of AI is not defined
3. Lack of proper system and data
4. Costly : The majority of AI-driven machines are manufactured by foreign
corporations, making it even more difficult for small and midsized law firms
to obtain them; only large law firms can afford them.
5. Privacy and Protection of personal data

CONCLUSION

The goal of this article was to provide a realistic, demystified view of AI and
law. As it currently stands, AI is neither magic nor is it intelligent in the
human-cognitive sense of the word. Rather, today’s AI technology is able to
produce intelligent results without intelligence by harnessing patterns, rules,
and heuristic proxies that allow it to make useful decisions in certain, narrow
contexts. However, current AI technology has its limitations. Notably, it is not
very good at dealing with abstractions, understanding meaning, transferring
knowledge from one activity to another, and handling completely
unstructured or open-ended tasks. Rather, most tasks where AI has proven
successful (e.g., chess, credit card fraud, tumour detection) involve highly
structured areas where there are clear right or wrong answers and strong
underlying patterns that can be algorithmically detected. Knowing the
strengths and limits of current AI technology is crucial to the understanding of
AI within law. It helps us have a realistic understanding of where AI is likely
 to impact the practice and administration of law and, just as importantly,
where it is not.

SUGGESTIONS

To ensure AI’s inclusion, we need to take a balanced approach. Here are a few suggestions:

1) A solid regulatory framework that clearly states the obligations and liabilities of this
intelligent machine must be created.

2) The accountability aspect must be considered in order to govern its behaviour.

3) To safeguard privacy, tougher data protection regulations are required. As a result, the
solution is not to take a back seat and avoid technological breakthroughs, but to embrace
them and use AI to our benefit by putting in place the necessary legislation to protect the
interests of its users.