Artificial Intelligence blended with legal services is a step forward to create
‘Justice for All', states Andrew Arruda in a TED Institute talk in the year
2017, while talking about ROSS Intelligence.
Living in an era, where everyone is having a mobile phone, not everyone know the
exact essence of Artificial Intelligence. Often one believe that understanding
computer used algorithms is costly and for processing mountain of data through
Artificial Intelligence one should have a good knowledge of Information
Technology.
Well, all this is false. Artificial Intelligence has it's footprints
back in 1600s, where a mathematician named Leibniz, who was a lawyer came up
with an idea to use mathematical formulas to solve problems related to Law and
this is what artificial intelligence is doing nowadays. It uses computerized
algorithms to aid the legal services. Similarly, in the pre-modern era, around
1940s, another thinker of Machine learning who thought about combining
Artificial Intelligence and law was Lovinger.[1]
Looking at our daily lives, the employments, the contracts, the transactions,
purchasing etc are law and one may have either implied or expressed duties
towards these laws. The mainstay of everyday life is law.
Artificial Intelligence is the foundation of most of the works we do on our
daily basis such as e-mails, communications, web surfing, digital assistants
etc. So, both Law and Machine Intelligence aren't directly connected but are
supplements of this generation. The intention to merge these two have been
accepted widely.
In India, there are various instances of using Artificial
Intelligence in all the sectors including legal services, such as Kerala Police
induced a robot for Police work, Chennai is seen accounting a Robot Themed
Restaurant and a robot performed Tele robotic coronary Intervention in
Ahmedabad.[2] The acceptance of Machine Intelligence is incredibly increasing
because of it's efficiency, precision, the ability not to be effected by hostile
environment and other advantages.
To a great opportunity comes a great responsibility and over here, the concern
to amalgamate Law and Artificial Intelligence is huge. For a country like India,
where no legal definition of Artificial Intelligence could be found, no sets of
rules and obligations for Artificial Intelligence, no accountability and no
liability schemes in case of a wrongful act done from the part of Artificial
Intelligence.
Legalising the concept of Machine Language would only be useful
and detrimental when a number of concerns governing the developments of
Artificial Intelligence is solved primarily in a constructive way giving
desirable weight to privacy concerns and many other factors such as expenses and
balances, third party involvement and the damage suffered.
A punishment process
should be built in such a way which acknowledges criminal laws in respective
country and function accordingly. The objection in making the status of AI equal
to the status of the citizens of a country is that it lacks the moral character
and the emotional intelligence which a human being can only understand.
With respect to the Classical legal businesses which involve policy making,
legal document assembly, formation of contracts, law firm management, research
based on various factors etc are in immediate need of Artificial Intelligence
because it performs all these jobs with efficiency, transparency and
objectivity.
Indian Courts have many backlogs which does not produce desired results in the
system of legal justice, creating a blunder in classical legal theories. The
cause behind the pending works is the wastages of data and multiple volumes. For
understanding a statute there are various interpretations done at different
times as per circumstances.
For initiating a blend of Law and Technology, the major objective should be to
enhance the works of the users of law and Artificial Intelligence. There are
three major categories of people who use technology with respect to law. First,
the Administrators of Law, which includes, Judges, Government officials and
regulators of law. Second, the Practitioners of Law, which includes Lawyers,
Attorneys etc. Third, the Users of Law, which includes, ordinary individuals or
businesses that have to comply with law.[3]
The administrators of law comprising of Judges, regulators and government
officials use computers for structuring a better and composed legal system for
future. The method of facial recognition used by police provides a
qualitative tool to the forces of the government fighting against crime and
criminals.
The judges use Artificial Intelligence for their legal research
patterns and for updating themselves in day to day basis. Almost every judge of
District and Session court all over the country of India has a computer system
for helping the justice system in various processes. The file computation and
report making is also done with the help of technological advancements. The
court rooms has an internet connection established to them so that they can
update their daily cause list and various other proceedings.
Digitalising the
work is a tool to reduce the bundles of documents and files present in abundance
in the office of every court. In terms of Globalizing the Judicial sector, the
foremost desideratum is language translation for rationalising the system of
justice. Another chief integral is fraud detection as far as the use of
Information Technology is concerned. According to PwC Global economic Crime
Survey of 2018, about half of the total companies (nearly 7,200) surveyed on an
International level had experienced fraud at least once up till date of one or
the other kind including technical errors.[4]
The analysis of data by Humans for
fraud detection is very time consuming and complex too.[5] Also, the instances
of fraud could be alike in terms of context but need not be identical.
Artificial intelligence has been a true ornament for allocation of fraud
competently.
The second kind of users of Artificial intelligence and law are practitioners of
law such as Attorneys, Counsel, various law firms and similar solitaries
advocating or decoding legal languages. These exponents of the long arm of law
use machine learning for computable policies, automated dispute resolution,
prediction technology, legal analytics, due diligence etc.[6] “Enhanced
efficiency, better time management, updated clients and impeccable financial
management are the key changes which the lawyers are experiencing.”
Dr. Arvind
Singhtaiya mentioned in an interview. On the same note, Dr. Singhatiya, who is
the founder and CEO of Legal Kart, supported Artificial intelligence with the
belief that the adoption of Machine Learning and it's applicability in law is
unavoidable. He adds that machine learning would lead to expansion of lawyers in
various forums.[7]
Automation of legal jobs in the field of drafting, analysing and researches
would help the lawyers, policy makers to evaluate the matters of great
importance with concept, creative thinking accompanied with innovation in
learning, increased capabilities in the areas of human emotional intelligence
e.g., would be able to realise the client's needs which restores the intrinsic
trait of law of client counselling. For a Public Prosecutor (in India) the tool
is of a lot importance because the Advocate is suffering with many cases at a
time and for searching a particular case law related to a particular case in
hand, it may take hours or even days in a situation of complex nature.
It is
very difficult for the Public Prosecutor to manage such a large number of cases
efficiently and effectively. The practitioners who are in the business of law
from decades, provide a considerable resistance to change because of the fear of
losing their positions but the development in legal sector is for the up coming
generation and the youngsters are comfortable with technology and would be able
to adapt well with the changes.
In India, Covid-19 has brought many more challenges in the legal industry giving
chance to innovatory solve the problems in the legal system while creating a
balance between public health and delivery of justice. The topic of creating a
mixture of law and technology which was often ignored and resisted is new on
trends and there are many courts who have issued guidelines for the hearing of
cases during lockdown.[8]
The plan to start with a tech savvy legal system came
out by Supreme Court of India authorising the extraordinary power of Article 142
of the Indian Constitution. The objective of this step is to ensure social
distancing and protecting courts from becoming hotspots of the virus. The Bench
ordered the Department of Justice and the National Informatics Centre to make
sure that courts work smoothly, and technology should be glitch free.[9]
The third kind of users of Artificial Intelligence and law are the ordinary
individuals who have to comply with law. The Businesses use foreseeable policies
and automated solutions to disputes, the attendance records, financial receipt
generating, good communications with clients through mails and other mediums.
Artificial Intelligence is the extended version of the boon which came decades
ago, named Software, which is user friendly and easily accessible.
The ordinary
people use Artificial Intelligence for counselling through webs and other
portals for seeking solutions to their problems. Numerous government organisations are available online for dispute resolution such as the Online
Right to Information (RTI) portals through which common people can seek
information via online mode.
The issues which Artificial Intelligence includes are requirement of patterns
and data, which may he biased at times depending bon the developer of such
Artificial Intelligence, at times it is hard to interpret, primitive abstract
reasoning, various privacy issues, such as the misuse of the data stored, loss
of jobs etc.
The fear that the usage of Artificial intelligence in legal sectors will be
depriving the work force and overtaking the work of the humans and thus
violating Article 41 of Indian Constitution, which constitutes Right to Work and
Universal Declaration of Human Rights which also includes Right to Work. Stats
show that India, a country of billions experience shortage of employment every
year and the horrific idea of interference of AI in the conservative legal
market would lead to a loss of belief in the legal sector. Loss of jobs due to
interference of Artificial Intelligence is a threat to many but, in reality it
only aids the workers in all sectors for speedy process.
“The idea of Artificial Intelligence is not to supplant the human brain or the
human mind or the presence of the judges but to provide a facilitative tool to
judges to reassess the processes which they follow, to reassess the work which
they do and to ensure that their outcomes are more predictable and consistent
and ultimately provide wider access to justice to the common citizens.”, said
Justice Dhananjay Chandrachud, Supreme Court of India, in an interview in
Dealing University.[10]
A major portion of legal sector and law are the students studying Law and its
applications, who derive the future of any nation. The combined use of law and
technology would shed the fog of distance and law schools would be able to shift
the classrooms via the mode of video conferencing in remote areas also of any
territory, the conceptual learning and the interaction a student requires in a
class with the teacher and other class mates for the purpose of better
understanding would hence be accomplished.
The requirement to understand the
judicial scenario and other legal sectors are governed by the philosophical
conception of Legal Realism. The concept as explained by Oliver Wendell Holmes
Jr. is that the rule of law needs logic and it is the development of a nation
from centuries and the foremost necessity us constant look over the decisions of
Judges to interpret law as per circumstances.
Internationally, employees are in a great fright because the initiation of
giving rights to Robots alike humans started when Saudi Arabia became the first
country to grant citizenship to a Robot named Sophia.[11] The concern that the
leftover countries will also be legalising robots and giving them equal rights
and opportunities as to it's citizens, who are the working force of the nation
in every sector, including the legal ones.
Artificial Intelligence can never take the place of Humans in any field of law
because law tends to change as per regions, customs, individual, capabilities of
a particular person etc. In some cases, the act of presence of mind and the way
of speaking certain words play a major role un a judicial decision. There are
many statutes which provides Judges with the privilege of passing order on the
criteria of presentation of any person and his/her expressions, one such law is
The Indian Evidence Act, 1872. Artificial Intelligence is a machine, just like
any other machine, our cars, our refrigerators, our laptops etc., which can't
get the same status as that a person is maintaining.
Countries such as United Arab Emirates (UAE) and United Kingdom (U.K.) has
established separate ministries and offices for development of Artificial
intelligence namely, Ministry of Artificial Intelligence and Office of
Artificial Intelligence respectively. Whereas, China and Japan have directed the
previously established ministries to work on AI implementation.[12] India has
directed Niti Ayog to work on the sector of Machine Learning and have decided to
implement a separate budget for it. The usage of Artificial Intelligence
requires a knowledge and discernment of the usage of Internet networking.
The
country with the second largest population in the world, though having the
largest number of Youth who will be shaping the future of India are early
learners of technology but are deprived out with the operation of technology
because of the majority of Youths belong to the low income groups who cannot
afford those specifically advanced gadgets. Another point hindering the process
of AI is privacy concerns such as adequate privacy, security and IP related
concerns. All these points demand a discussion which would solve the concerns of
the public at large about the consumption of devices with Artificial
Intelligence.
Internationally, there are various lawyers who are leaving the traditional modes
of business of law and moving towards constructing daily task of law including
contract review, intellectual property, due diligence, research and expertise
automation. One such Lawyer is Haley Altman, CEO and founder Doxly.
To her the
idea to have an automated document and transactions management came up while
searching through thousand of documents while searching for a signature page
holding up a multimillionaire dollar closing. Second example of such a lawyer is Norry Bechor, CEO and Co-founder, LawGeex. He constituted this mechanized
contract review platform after getting frustrated from creating and reviewing
everyday contracts manually. Third on the list is Ned Gannon, co-founder eBrevia
which provides contract due diligence and lease abstraction.
Similarly, Michael
Mills, co-founder and chief strategy officer Neota Logic Inc. It has an AI
driven, no code platform for next machine control of documents and processes on
the record in Chrissie Lightfoot, CEO and Founder of Robot lawyer – LISA. The
world's first impartial AI lawyer. Subsequently, it's Nehal Madhani, CEO and
founder, AltLegal, which is a cloud-based software using technology managing
global IP filings. Another amazing example of legal tech business is Legal
Decoder, it started when it's CEO and founder Joseph R. Tiano realized that the
clients are lacking analytical tools and data.
Further, a “not to miss” model of
perfection in legal tech business. Ross Intelligence, co – founded by a lawyer
named Andrew Aurra. He joined hands with a computer scientist for creating an
assistant and AI driven legal research tool. Kira Systems founded by its CEO
Noah Waisberg is a technology driven legal system with the help of which it is
easier to identify contract and analyse business information from the contract
which are not structured.[13]
In India, the start ups emerging with the believe of legal tech businesses are
Spot Draft, CaseMine, CaseIQ software, Near Law, Mitra, Practice League, stating
the idea of building business in the areas of contract management using AI,
legal research and analysis platform, virtual legal research software, case
rankings, and automated legal practice respectively.
Spot Draft is a start up established in the year 2017. It generated efficiency
in the process of document compilation which otherwise would have taken hours.
It exercises contract life cycle management including automated reminders. It
has three primary offerings for it's users – Contract Creation, contract
Management and contract analysis. Any person who has business operation can use
this.
An organisation with mountains of work use Spot Draft's contract analysis
highlight to analyse compliance of agreement with the standards set according to
the customary regulations. Using this channel one can minimise expenses and save
more time as compared when a certain function is done manually. The advantage
using this also entails contract analysis of both structured and unstructured
data.
The technology is made to be used for public use, irrespective how large
or small the business is.[14] The founders targeted the freelancer market
because there are a number of freelancers who search a draft online and starts
editing it without knowing what it actually is. This was the main reason for
focusing on freelancer community. Now, they can automate the whole process
without any fear of getting the contract terminated due to errors. Within a
duration of 10 months, the legal tech start up was able to gather 6,000 sign ups
and has processed over 3.5k contracts. This popularity is gained without even
spending a penny on digital marketing. The costing is planned in for of SaaS
freemium model, say, e.g., up to first 3 contracts, the charge will flow on flat
rate.
It is a package of things on a low cost which otherwise would have charged
high. It keeps a check on the expiration date of a contract, the renewal of a
contract and in case of a breach of a contract, it drafts a notice for the user
to be send.[15] The AI is trained on millions of contract from different
jurisdictions and many sectors, as soon as a new customer signs up the AI gains
knowledge of analysing the variety of new clauses.
It learns the personal choice
of the respective user and send recommendations depending on his/ her position
in previous contracts. The company is aiming at first the Indian markets and
planning to grow gradually go other jurisdictions in South East Asia as well.
There is abundance of people ready to work in to create the AI system, but the
company craves highly trained and qualified workers in advanced technical AI
spheres.[16]
Legal research and analysis platform Case Mine is a string of India to Artificial
Intelligence via the legal sector. The crossover of legal analysis and legal AI
is bagged by it's parent company Gauge Analytics. The AI is designed to unearth
latent linkages between case laws to make the research more in depth.
Exceptionally branded systems enable researchers to have a wider than having
constrained extend of keywords.
Case IQ the virtual legal research assistant is abled to understand the context of the document and find searches accordingly
instead of focusing on the keywords to be searched. The hard work of the IIMs
graduates is guided by the ex-chief Justice of Kolkata High Court. It reduces
the research time.[17] It is build using NLP text, analytic techniques and
network analysis.
The features also include visualisation tool that allows the
user to view evolution of relevant precedents and citations of case. It also has
JudgeIQ module which let the users discover the opinion of a particular judge
depending on the facts and legal principles similar to those of the user's
file.[18] CaseMine offers two kind of packages, one is named as the Basic
Package with Rs 2,000.00 per month which provides the services such as
Intelligent Judgement search, visuals, Cite Text, important paragraph, research
suggestions, a storage limit to 100MBs, 24×7 E-mail support with unlimited
search history.
The second package is named as the AI packages charging Rs.
5000.00 per month giving premium facilities which include Intelligent Judgement
Search, visuals, important paragraph, research suggestions, CaseIQ TM , Cite
Text TM with judgments, Cite Text TM enhanced visuals, Cite Text TM search,
similar judgements, management of unlimited number of cases, a storage up to
2GB, unlimited search history and a dedicated e-mail support.[19] CaseMine
allows free sign-up for a practising judge of India, USA, U.K., to have free
subscriptions.[20] Also, the students of India, U.S.A. , U.K., can have the
privilege of free sign up.[21]
Outside India, the Legal Tech start ups are reaching heights, one such is Doxly.
It is a computer program with the expertise to allow legal teams and their
clients to collaborate, manage and accelerate every stage of a deal process. The
users can collaborate on documents, track versions and changes, manage document
and folder level permissions and monitor post closing deliverables. It also has
a signature simplified solution by which the user can make signature blocks,
pages and packets.[22]
Perfect Law, by Executive Data Systems are best for five Attorneys to 500
Attorneys. The product features contract management, document assembly, document
indexing, full text search, version control, collaboration tools, achieving and
retention. It can be accessed using webs or can be installed on Windows, Apple
PC, iOS and Android. The support system is in business hours only.[23]
Though the number of users of Doxly and Perfect Law are same but the difference
between both is Doxly doesn't put up the features of document assembly,
documents Indexing and Full Text Search whereas Perfect Law products has all the
above-mentioned features.
There are various other legal tech start ups touching the clouds with their
technology, retaining some specialization or the other respectively. The
investment in these kind of AI driven legal technology ensures that law
business's, whether big or small, Attorney's and Advocates doesn't waste their
time in doing legal researches and finding the relevant case laws which is a
very fruitful process, to fight for a case. The Artificial intelligence platform
doesn't cost high and can provide a good list of features that even a small law
firm can avail the benefits. The future of leading market is getting technology
driven with time. For a country to develop it's important for its legal sector
to be adaptable to technology for better management and speedy process.
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