Open Access Research Article
ARTIFICIAL INTELLIGENCE AND IMPACT ON LEGAL PROFESSION
Published Paper
Article Details
ARTIFICIAL
INTELLIGENCE AND IMPACT ON LEGAL PROFESSION
AUTHORED BY - JIGYASHA JAISWAL
LL.M Student
Tezpur University, Assam
Mob- 7002453938
CO-AUTHOR - DR. ABHIMANYU SETHY
Faculty- National Institute of Legal
Studies, Odisha
Mob-9853421100
ABSTRACT
Artificial Intelligence (AI) is the recreation of human intelligence
method by computer system. It is related to the idea that computer systems are
supposed to have intelligence. AI is capable of making decisions and finding solutions
to complicated issues in many facets of society without the assistance of
humans. It has sparked an important sociological shift in the view from which
human intellect is shown. The introduction of this modern technology (AI) has
had various effects on the society. It enjoys many benefits but also faces
complex problems that are seen to be dangerous even to itself. A computer
system can carry out activities that characteristically involve human mind. Machine learning, which entails gathering the knowledge
and guidelines for utilising the data, is the driving force behind artificial
intelligence systems. Artificial intelligence has become very popular and
necessary since it is based on the data service sectors. Technology like
artificial intelligence is making a beneficial difference in our daily lives.
Advanced online search engines, recommendation systems (used by YouTube,
Amazon, and Netflix), voice recognition software (like Siri or Alexa),
self-driving vehicles (like Tesla), and winning at the highest levels in
strategic gaming systems are just a few examples of AI uses. The implementation of artificial intelligence (AI) technology is now
taking place across various sectors, including finance, agriculture, health,
and education. But the issue of ethics and the law is raised by whether AI can
be used everywhere and if it is entirely safe. Cyberspace and AI have major
privacy concerns and an increase in criminality. In India, AI is seen as a
significant a game-changer for the region's economy and steady growth. This
paper aims to address the legal framework governing artificial intelligence in
India and the rules governing cyberspace in light of combined with the digital
economy, privacy reliance on AI.
Keywords: Artificial, Legal, Impact, Intelligence
& Profession.
Introduction:
Being a developing nation, India is
just in the beginning stages of adopting artificial intelligence. This
technology is credited to the 21st century's technical advancements, with the
emergence of social networking sites and international firms' investments in
India started working on artificial intelligence research and development. This
is developing amazing technology that influences human thought processes. We
may see the worldwide applications of artificial intelligence in all economic
sectors[1]. It has
not only eased the load but also has improved working effectiveness using smart
technologies. The Indian government has stressed the use of artificial
intelligence via Niti Aayog, its policy-making agency. Currently, India is
despite the absence of a sufficient legal framework for artificial
intelligence, it is being used in indirect form through Information Technology
Act of 2000. To build its digital governance, the government has enacted the
Data Protection Bill 2019 and data privacy concern involving cyberspace, which
will specifically address the usage of intellect and ethics tied to it.
Meaning of Artificial Intelligence
John McCarthy, the inventor of
artificial intelligence, invented the term artificial intelligence (AI).
Artificial intelligence, according to the Oxford Dictionary[2],
is "the theory and development of computer systems capable of performing
activities ordinarily requiring human intellect, such as visual perception,
voice recognition, decision-making, and language translation”. The
development of autonomous, intelligent systems is the goal of the wide field of
computer science known as artificial intelligence (AI). It may be characterised
as an intelligent machine that is able to mimic certain human behaviours as
well as think, interpret, and act on its own. Artificial intelligence,
therefore, is a system that can and can handle issues that we humans would
typically address using our natural intellect.
Objective of the Study
- To study the widespread
application of AI in India’s legal industries.
- To study the benefits and traits
of using artificial intelligence in Indian legal system.
- To study the impact of AI in
society.
Review of Literature:
- “Artificial Intelligence and the
Law in India: Possibilities and Challenges in India”- by S.K Verma and K.C
Gogoi: This book examines the state
of AI integration in the Indian judicial system. It includes subjects
including contract analysis, predictive analytics, and the potential use
of AI in legal research. It also includes the difficulties associated with
regulatory compliance, ethical issues, and the effects on legal
practitioners.
- Chugh, A. (2021) “Artificial
Intelligence in Indian legal Profession: Prospects and challenges”: This
article covers the opportunities and difficulties of using AI into the
Indian legal industry. It discusses into detail on how AI can be used for
legal research, document analysis, and expanding access to justice. It
also examines the legal implications of the ethical and regulatory issues
raised by AI.
- Arora and Malhotra (2020),
“Impact of Artificial Intelligence in the Indian legal sector” this
article focusses on the impact of AI in the legal industry. It explains
how lawyers are operating with clients and the way AI is changing which
includes contract analysis, legal research.
Methodology:
The Methodology adopted in the study
is doctrinal. An analysis of the existing provisions has been carried out.
Primary sources are referred. The relevant statutes comprise the Primary
sources, with published books by eminent authors, research articles published
in the Journals etc. The mode of citation referred to in the paper is that of
the Indian Law Institute (ILI) reference style.
Artificial Intelligence Law in India:
India does not have any explicit law
governing the use of AI. The regulatory body of AI in India is Ministry of
Electronics and Information Technology (MeiTY). It is accountable for the
creation, administration and management of AI legislation and regulation in
India. However, Section 43A and Section 72A of the Information Technology Act,
2000 which implies that anybody who commits a crime using artificial
intelligence would be held accountable under the IT Act, criminal law[3]. The
Information Technology (Intermediary Guidelines and Digital Media Ethics Code)
Rules 2021 impose additional responsibility on social media platforms with
relation to the information they host.
The National Strategy on Artificial
Intelligence (NSAI) was developed by the Indian Planning Commission in 2018,
and a panel composed of representatives from the departments of Industrial
Policy and Promotion and Corporate Affairs is being considered to review the
legislation. The ministry of electronics
and information technology established four committees to focus on and examine
various AI ethical problems.
The Personal Data Protection Bill,
2019, based on current legislation on data protection and was suggested by the
Ministry of Electronics and Information Technology (MEITY) in 2019 by a Joint
Parliamentary committee[4]. To safeguard
individual rights while data is individually gathered, transported, and
processed, it is also known as the "Privacy Bill." The lower house
was still considering the measure. The Personal Data Protection Bill was
retracted by the Central Government on Wednesday, August 3, 2022. In the same
way, the government withdrew the Personal Data Protection Bill 2021 in August
2022. The Digital Personal Data Protection Bill 2022, which was introduced by
the Ministry of Electronics and Information Technology on November 18, 2022,
replaces the 2011 rules (IT rules, 2011 regarding reasonable security practises
for the management of sensitive
personal data or information) and
existing laws. It serves the aim of processing a person's personal data[5].
In 2020, Niti Aayog drafted documents
based on the establishment of a regulatory body and the enforcement of
responsible AI principles (safety and rehabilitation, equality, inclusivity,
non-discrimination, privacy & security, transparency, accountability, protection
& reinforcement of human values). These documents were intended for
inspection of the principles, formation of legal and technical work,
development of new techniques and tools of AI, and representation of India at a
global standard.
Artificial Intelligence Law in Other Countries:
- On March 20, 2022 China recently
created laws for the Internet Regulation System for “Internet Information
Service” with a mainland presence in the People’s Republic of China.
- The Brazil Congress, passed a
bill establishing the legal foundation for AI in Brazil.
- The European Commission made
management of AI recommendations on April 21, 2021, with the goal of
establishing a worldwide regulatory framework that would control the legal
implications of future advancements in the area of AI.
- Canada introduced the Digital
Charter Implementation Act in the House of Commons in June 2022[6].
Artificial Intelligence and legal Profession
From typewriters to computers, from
utilising libraries just for legal research to using internet portals to
discover pertinent case laws, from fax machines to emails, every advancement in
the realm of law has been revolutionary[7].
The time is right for AI to join the legal industry. Even though the global
market for legal services is one of the biggest, its operations are thought to
be under-digitized. The legal industry has a rather traditional approach and is
slow to accept new
technology. It's necessary to acknowledge that artificial intelligence has the
potential to change how attorneys now practise law and how India views the rule
of law. Technology is significant inasmuch as it promotes effectiveness,
openness, and impartiality in public administration, according to Justice D.Y.
Chandrachud, “the purpose of AI is to provide judges a tool to review or assess
their work, processes, and judgements”. The main objectives are to ultimately
increase the accessibility of justice for regular people. The first stage of
India's artificial intelligence framework, the AI Task Force Report, was
utilised to thoroughly investigate artificial intelligence[8].
This task group was constituted by the Ministry of Commerce and Industry under
the direction of N. Chandrasekaran, Chairman of Tata Sons, to assess the
financial advantages of AI and evaluate how it may help India.[9]
Due to the nature of the Indian legal
profession, which is still regarded as being labour-intensive, the whole
process must be done by hand. As a consequence, AI is still in its early
stages. Many older proponents oppose the concept of incorporating AI into law
because they think technology should not be used widely since it may someday
replace humans. Having said that, a lot of tech-savvy solicitors and sizable
legal firms are fully using technology advancements in order to get an edge
over their rivals. As a consequence, it is crucial to apply artificial
intelligence (AI) in law to adapt to the evolving legal landscape. Legal
researchers now have instant access to unparalleled insight into the legal
system because to machine learning technologies. By being the first Indian law
firm to licence "Kira," a machine learning programme created by Kira
Systems in Canada, CAM has made legal history. Many tasks may be handled by
this AI-based software, which saves a lot of time and effort. Legal documents
are analysed using the "Kira" technology, which is also used to
extract provisions from different legal documents and identify any potentially
problematic regions[10].
Spread of Artificial Intelligence in Legal Sectors:
Artificial intelligence is meant to
assume a prominent role sooner in the Indian legal sector. As of now there are
a few areas where in regulation, artificial intelligence is used. These include
the following:
Documentation computerization: In the legal sector, several software setups are used to
create documents that facilitate the gathering of information and data. There
are many resources that are helpful in the legal services sector[11].
Due Diligence:
To do due diligence and assemble background information, lawyers employ
artificial intelligence (AI) techniques. Developers have chosen to include a
number of new features, such as contract review, legal inquiry, and electronic
media for this sector of the business, in light of the present situation[12].
Electronic Billing: Legal advisors and law firms may better organise their solicitations by
using electronic billing to track the amount of work they have completed. An
attorney thus can charge their customers fairly for the services they provide.
Resources for Intellectual Property (IP): Artificial intelligence is used to
search for and register trademarks, licences, copyrights, and other
intellectual property.
Legal Mechanism:
Using Artificial Intelligence technology, lawyers may gather data from earlier
or previous cases. They may use this information to maintain tabs on the
judge's orders and predictions. In the near future, this technology is probably
going to gain more significance on a worldwide level[13].
Artificial intelligence (AI) operates
on a number of algorithms that may speed up the activity of document processing
and verification with the help of the machine learning algorithm input given to
the app. For a number of reasons, eliminating manual processes alone is
inadequate to incorporate artificial intelligence into the architecture of the
business. Instead, there has been a surge in the need for firms to employ AI as
a result of growing corporate competitiveness. Artificial intelligence allows
law firms to operate more swiftly while passing on savings to their customers
and other associated companies more promptly. Legal services are a bit more
costly than other companies in the market, and businesses cannot automate this
procedure. Uncertainty exists over the transition's mechanics, however. It is
anticipated that law firms with higher budgets would adopt AI technology more
gradually and swiftly. On the other hand, compared to bigger organisations, new
start-up companies and small enterprises may be able to start with a
productivity-driven strategy that is automated and progressive.
Impact of AI related start-ups:
Spot Draft: This
AI-based start-up was formed by Madhav Bhagat, a former Google employee, and
Harvard Law School graduate Shashank Bijapur. By letting customers create
business contracts, this AI-powered start-up can evaluate legal papers and
reduce paperwork. Clients may design and sign contracts using this innovative
technology, which also includes automated payment and reminder functions.
Case Mine:
This website is mainly used for research purpose. This start-up seeks to link
various case laws using artificial intelligence (AI), making it simpler for
legal experts to undertake in-depth study.
Caseiq: This
artificial intelligence programme acts as a legal assistant by conducting
thorough legal research, analysing the language of the law, and identifying any
potential gaps in the law. It also suggests alternate theories and highlights
pertinent decisions and case laws.
Nearlaw: This
Mumbai based start-ups provides lawyers and law companies. It analyses case
rankings and provide assistance in legal situations.
Benefits of Implementing Artificial Intelligence
System
in Indian Legal Sectors:
Preparing and examining the contracts/records: AI systems are far more developed
than they are understood, and the role of legal counsel will effectively be
reduced generally. Simply by delivering the anticipated circumstances and
nuances that one would want to assemble all the necessary information in the
legal archive in the reports and would be moved quickly ready for usage or
equipped with a method to do so schedule, focus on, and highlight important
facts for both parties to receive their obligations, promises, and so forth.
Ensure due diligence: Due diligence is a crucial task handled by legal firms, however due to
its depth and the need for human error may often slip in if we're careful.
While promoting a sensible amount of investment AI might be quite helpful, and
it helps includes the collection of important information and additional
experiences with completing stability projects is more precise and efficient.
It accelerates the approach eliminates human error and enables lawyers to
provide a better overall experience their customers.
Live monitoring of completed work and electronic billing are guaranteed: The majority of AI programming has
the capacity to keep track of the job completed, which assists law firms and
advisers in drawing up solicitations in accordance with the work completed by
them. This ensures an additional level of clarity in the work being done,
therefore assisting the Law Firms, the Clients, and the Examining Experts.
Helping legal advisors locate significant case rules and decisions in a
creative manner: Without
using real reports or search engine websites, AI programming may assist legal
advisers focus on instances that are relevant to them. Because these
traditional cycles need more time and effort to complete, it would be more
practical to quickly use AI programming that finds relevant situations and
answers.
Transforming complicated legal issues into simple agreements: In a matter of seconds, more
complex problems may be resolved with the aid of AI systems, assuring that the
issue's quality and objectivity are maintained. It aids in providing customers
with high-quality results. It eliminates data points from earlier case rules
and provides rulings and point-of-reference guidance for lawyers to use in
their current cases.
Research in Law: Machine learning is advancing in the
field of legal study. When looking for relevant precedent, law students and
firm associates used to spend a lot of time browsing through case law volumes.
This process has lately gone digital with the advent of personal computers, and
attorneys are increasingly doing research using software programmes like
Westlaw and LexisNexis. Beyond basic search capabilities, these antiquated
technologies are not intelligent[14].
E-discovery and data analysis: AI can help with e-discovery and data analysis in situations
with massive amounts of data. Huge volumes of electronic data, including
emails, documents, and digital conversations, may be swiftly sorted through by
AI algorithms to find pertinent facts, trends, and possible evidence. It could
expedite the discovery procedure and increase the effectiveness of the legal
proceedings.
Use of Artificial Intelligence (AI) in Indian Legal
Sectors: Challenges
The legal industry has seen the
introduction of several innovative arrangements that focus on the value of
legal advisors, contract analysis, brand search software, legal research
programming, and much more[15]. However,
none of the AI-based programming aims to replace legal counsel; rather, it
focuses on improving the validity and accuracy of examination and research. The
legal profession is still developing in India, and more AI-based, automated
support systems and programming are on the way[16].
The legal advisor's job, which includes research, navigation, and definition,
won't be replaced by an AI-based robotized assist programming; instead, it will
improve their proficiency and skills while automating other administrative
roles. The following are challenges or traits of incorporating AI practises in
Indian legal sectors:
Not Entirely Acknowledged by Legal Professionals:
The use of artificial intelligence in
law is still in its early stages when we look at India. Because they think it
would harm employment, lawyers are unwilling to accept this technology. They
worry that technology will replace the main source of income for a lawyer or a
legal assistant, leading to a rise in unemployment throughout the nation. The
majority of senior lawyers are reluctant to alter their daily routines and
prefer to practise law the old-fashioned manner, without the aid of artificial
intelligence.
High-Cost: AI
machines are contemporary machine systems capable of learning and providing
answers on their own, which necessitates a significant financial commitment.
Only large legal firms can afford the expense of AI-driven machines since the
majority of them are produced by unknown businesses, making it far more
difficult for small and medium-sized law firms to acquire them.
Lack of relevant systems and data: Computer learning relies on computations being handled by
PC systems, after which the computer follows up on them. The fact that outdated
technology and machines are being used, information is often fragmented, and
the machine can only work accurately if a sizable amount of reliable
information is provided is one of the key barriers to incorporating AI
innovation in India.
Privacy and the guarantee of personal information: It's critical that AI-driven be
implemented in a manner that protects and secures the parties' very own data.
It is substantially more crucial that the legal framework ensures that the
information isn't misused, that categorization is maintained, that a fair
treatment is followed, and that a security layer to prevent protection
breakdowns is implemented since AI works with a lot of information.
The legal status of AI is not specified: The legal status of artificial intelligence is not
specifically described anywhere in current law, and given the ambiguous nature
of robots, it is unclear whether existing laws and norms would still hold true.
Because the existing legal system doesn't anticipate a robot to be accountable
for its own behaviour or mistakes, there will be mis-judgments until the
privileges and obligations of AI-driven tools and gadgets are articulated.
AI's effects on India's judicial system
There are numerous judicial delays
noticeable when we examine the Indian court system. Justice delayed is justice
denied, and the court is overwhelmed with more than 3 Cr. outstanding cases,
which creates undesirable delays in providing justice to the people. As a
consequence, several initiatives are being made to enhance the present
situation, such as shortening vacation times and strengthening judgement, but
more has to be done, which is where artificial intelligence comes into play.
There are so many cases of this kind filed in every year, data science and
artificial intelligence (AI) are required to sustenance the courts by using
prognostic technologies to offer crucial information about current cases based
on recent instances of a similar sort. Studies have shown that AI may be quite
helpful at the evidence stage, which is an important step in any case. It takes
up a lot of court time since it is such a crucial phase in any case.
AI-assisted analysis may help judges
reach conclusions quickly. This stage often has several delays for a variety of
reasons, including witnesses not being present or delays caused by the
investigation's lead investigator. The role of AI in these scenarios would be
to anticipate probable delays, which would be helpful for judges as they would
be aware of the factors that contribute to the delays indicated above in
instances like murder. Judges will be able to correctly manage the burden of
each case thanks to this predictive technology. By giving witnesses more police
protection, it will also help courts take proactive steps to stop witnesses
from becoming hostile.
The Chief Justice of India, S.A.
Bobde, recently said in an interview that "We have a possibility of
developing Artificial Intelligence for court system,"[17]
which is one of the most important recent advances. Only in order to guarantee
that justice is administered without unnecessary delay. He also made it clear
that judges and discretion would not be replaced by AI. He said, "We are
exploring the prospect of executing the machine learning system, but it is only
the tedious, mathematical, and mechanical parts of the judgements for which
help can be taken from the system."[18]
The Chief Justice of India feels that
integrating AI technology into the legal and judicial processes would be
advantageous, which is unquestionably one of the most important issues. The
Indian court system would benefit greatly from its implementation provided it
is accompanied by a suitable legal framework that specifies standards and
guidelines.
AI: A substitute for lawyers
In the world of law, several
cutting-edge innovations have been launched, increasing lawyer productivity via
contract analysis, trademark search software, legal research software, and
other means[19]. But none
of the AI-based software aspires to replace solicitors; rather, it works to
increase the veracity and precision of research and analysis. The legal system
in India is developing, and more AI-based and automatic software and tools are
on the system. The analysis, stratification, and
decision-making required by the legal profession will not be replaced by these
AI-based automated assistance programmes; rather, they will improve lawyers'
efficiency and competence while automating many clerical tasks[20].
Findings:
It is accepted that AI has the
potential to alter the way lawyers practise their profession and improve access
to justice. The increasing use of artificial intelligence (AI) is expected to
have a significant impact on how India's legal industry develops in the coming
years. At the moment, AI is revolutionising established procedures and
proposing potential solutions in a number of areas of the legal profession. The
legal industry in India is set to undergo a transformation as a result of the
introduction of AI. Its use in electronic billing, due diligence, paperwork,
intellectual property, and legal systems demonstrates how technology might
completely change the practise of law.
To obtain a competitive advantage,
several law firms and lawyers are using AI technology. AI could assist by
offering insights into potential case outcomes, speeding up the evidence stage,
and managing caseloads. India's
legal sectors could benefit from the introduction of Artificial Intelligence
(AI) technologies by tackling issues like the massive backlog of unresolved
cases that plague the country's judicial system. A significant number of these
problems might be handled by making use of AI's capabilities. A new era in
legal research has begun with the advent of AI-driven firms with a focus on natural
language processing, going beyond keyword searches and providing more accurate
legal insights.
However, there are difficulties in
integrating AI into the Indian legal sectors. Because of concerns about job
displacement, particularly among senior attorneys, the legal profession
sometimes retains its scepticism. Instead of replacing lawyers, AI technologies
and software attempt to improve legal research, analysis, and administrative
activities.
Artificial intelligence (AI) has
transformed society in profound ways that touch on a range of social, economic,
and legal issues. The 21st century's connection between people and machines has
created both possibilities and difficulties. The societal adoption of AI
represents a paradigm change with many implications. While transforming
industries and professions including healthcare, agriculture, and climate
prediction, AI also poses difficult problems that must be solved, mainly in
protecting human rights and assuring ethical AI use.
Conclusion:
All throughout the globe, people are
using AI and it appears that this tendency will continue over time. If the
issues around privacy and security protection for personal data are not
adequately handled by establishing suitable policy, rules, and regulations, the
development of AI for the advantages to society would be limited. These must be
continuously carried out with sound governance. Focus must be placed on
ensuring that authorities acting in the name of privacy protection do not act
arbitrarily or too strictly.
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Article Information
ARTIFICIAL INTELLIGENCE AND IMPACT ON LEGAL PROFESSION
Authors: JIGYASHA JAISWAL, DR. ABHIMANYU SETHY
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/01/04
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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