"Our intelligence is what makes us human, and AI is an extension of that
quality."-
Yann LeCun.
Navigating the genesis of AI's intersection with law
[1]The advent of technology has in many ways overpowered the knowledge of Homo
sapiens, who are considered to be the most intelligent creatures on this planet.There is no denial of the fact that human skills are now being replaced by
machine learning. The term artificial intelligence refers to the ability of a
digital computer or computer controlled robot to perform tasks commonly
associated with intelligent beings.
Alan Turing, the renowned computer scientist
and the father of artificial intelligence developed the 'Turing test' in 1950 to
determine a machine's ability to exhibit intelligent behaviour equivalent to
that of a human. Today, after 70 years, AI also known as the 'aura of
infallibility' is manning smart techniques, receiving and analysing pleadings,
evidence and delivering verdicts. There are many fields or arenas in which
artificial intelligence in law is proving to be useful. [2]
For example:
to
review a contract, conduct legal research or perform electronic discovery
functions and to do due diligence, legal softwares are proving to be helpful and
time effective. This software can also predict the probable outcome of the cases
being adjudicated before the court of law as it provides for the data points
from past case laws and precedent law to be used by lawyers in the present
cases.
We can get our documents ready within minutes through automation of
documentation. Tools of AI help in providing the insights into the IP portfolios
that is - search and registration of a trademark, patent, copyright etc. It also
helps the lawyer and firms in preparing the invoices as per the work done by
them.
Enhanced mitigation of bias and promotion of diversity in the field via AI: Explained
[3] Mitigating bias and promotion of diversity is yet another spectacular
feature of artificial intelligence. Unlike human beings, machines do not have
inherent bias, rather they are subject to the choices of data and algorithmic
features chosen by the people building them. When appropriately developed and
deployed, AI can remove the attributes that lead to biases and can learn how to
detect potential biases. AI can play a critical role in ensuring that everyone
has equal access to the justice delivery system.
It can be a great contributor
in promoting diversity and inclusion as it helps in eliminating gendered
language that otherwise discourages some young applicants for better job
postings. It can identify candidates with the most potential and also give
attention to underrepresented groups. More precise calculation of salary
pay-outs after analysing data can prevent pay disparities.
It can help boost
inclusiveness of the interview process and attract diverse candidates, minimize
bias across the talent life cycle by detecting discrimination at every stage and
addressing it accordingly. Systemic change is never easy, but the ease of access
to equitable and conclusive justice requires a concerted effort by all those
impacted by it and those who can make a difference. With the intent to improve
the current situation, the established availability of justice and enhanced ease
of living will be an actionable and positive outcome of AI.
AI has been a catalyst in increasing access to justice by also speeding up the
work of legal fraternity through advanced softwares. Both bar and the bench
have been on the receiving end of these algorithmic benefits.
Minimisation of the daunting opus of the bar through advanced softwares
Usage of AI can reduce the daunting opus of the bar as with the help of
AI, [4]tiresome tasks like legal research, contract drafting, contract analysis
has become feasible and with AI playing its role in performing the meagre tasks,
the advocate can focus more on the myriad complexities of the case while the
software can take care of the repetitive tasks.
AI has introduced smart work
that allows lawyers to easily decrypt the nuances of law in a less amount of
time. One of the India's top law firms has shown its interest in using AI of Kira systems so as to facilitate due diligence for precision which will be of
advantage to their clients. Usage of AI softwares to accomplish the draining
task of finding precedents has helped the lawyers to rapidly proceed with cases.
Reduction in mind-numbing toil of bench through technology driven solutions
Usage of AI can also reduce the mind-numbing toil of the bench in the following
ways-[5] The judiciary has been actively working towards solution driven
frameworks to help streamline matters and delay of age-old lawsuits. Technology
led solutions have been piloted and some of the initiatives are already in the
second phase of implementation.
The e-courts integrated mission mode project,
the e-court services application, zero pendency codes and several other
initiatives that are in the pilot or a full roll out stage are aiming for
futuristic solutions to a very real problem. The Corona virus pandemic has
exacerbated the urgency to use technology with the Supreme Court conducting
virtual hearings through video conference and also announcing to set up virtual
courtrooms to minimize distractions. The Supreme Court can also standardize
video conferencing, virtual reality studios, mobile app based modules and other
technologies as they proceed.
Age of start-ups facilitating enhanced research and analysis framework in legal arena
Considering the need of advancement in technology in the legal service market of
India new start ups have been established which are focusing on how to help the
lawyers to conduct research and analysis in an easy manner.
Some are as follows:
Spot draft:
It can review contracts in minutes and is an end to legal technology
solution that enables organizations of all sizes to draft review and manage
contracts.
Case mine- it is a start up which chooses AI to find out links between various
case laws, provide a summary on case laws and help make legal research topics
more extensive in less time.
Practice League:
this platform empowers many business units with accurate
reporting, faster delivery of legal services and data-driven insights to become
the next business enablers of their organization.
Conclusion and the way forward
To cull out the gist, There has been a growing interest in the technology sector
which is slowly transforming the legal industry in a way that artificial
intelligence for law firms has paved way for less demand and expense on
paralegal and law researchers. In India, AI and its usage in justice delivery
system has become inevitable to mitigate the cumbersome delays. The NITI Aayog
released a policy paper called 'national strategy for artificial intelligence'[6]which has considered the importance of AI in different sectors.
Likewise, the
budget 2019 also proposed to launch a national program of AI. However, if a
comparative analysis is made with its western counterparts, India's stance on AI
is still relatively at an infant stage. It is gradually moving towards AI but
there is still scope for advancement in the application of AI in Indian legal
industry.
The artificial intelligence Association of India founded in the year
2009 is one such non-profit organization devoted to the developments in the AI.
Indian industries are yet new to the concept of AI as compared to the Western
countries wherein this technology has been developed quite impressively. There
is a long way to go for our country to realise the full potential impact that AI
can have on increasing the efficiency of different fields including legal
profession.
Bibliography:
- Karan Upadhyaya, 'Artificial Intelligence: the Indian legal
perspective', October 4, 2020, available
at https://blog.ipleaders.in/artificial-intelligence-indian-legal-perspective/ (last
visited on 2 January, 2022)
- Anil Bains, 'Artificial Intelligence and Law: A propitious mixture',
April 21, 2018, available
at https://www.myadvo.in/blog/artificial-intelligence-law-a-propitious-mixture/ (last
visited on 3 January, 2022)
- Haiyan Zhang, Sheri Fein zig, Louise Raisbeck, Iain McCombe, 'The role
of AI in mitigating bias to enhance diversity and inclusion', March 2019,
available at https://www.ibm.com/downloads/cas/2DZELQ4O (last visited on 3
January, 2022)
- Supra note 1
- Desh Gaurav Sekhri, 'Start-ups and AI can rescue choked Indian courts',
April 23, 2020, available
at https://theprint.in/opinion/start-ups-and-ai-can-rescue-choked-indian-courts/406257/ (last
visited on 3 January, 2022)
- Niti Aayog, February 2021, available
at https://www.niti.gov.in/sites/default/files/2021-02/Responsible-AI-22022021.pdf (last
visited on 4 January, 2022)
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