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Writer's pictureParas Sharma

Crossroads of the Law and Judiciary centring Artificial Intelligence

Written By: Bonam Shruti, Student, Symbiosis Law School Hyderabad

 

“Machine intelligence is the last invention that humanity will ever need to make.” ~ Nick Bostrom

All the innovations and new drafts of ideas being brought up involving the use of Artificial Intelligence (AI) in various streams of professions are all handled by the paperweights that lay on the desks of first tier scientists. The benefits that can potentially be derived from inculcating Artificial Intelligence into the systems are enormous, but this fact can’t be kept away from the probable dangers it possesses. But yet it is too early to conclude anything close to completely understanding its implications.

BASIC ADJECTIVES

When human intelligence is weaved into a machine carefully designing its thoughts and actions to be similar to that of a man’s personage the miracle can be termed as Artificial Intelligence which was first so termed in the year 1950 by John McCarthy. In general terms we can count its pros to be reduction of errors commonly made by humans, no demands for breaks for refreshments, assists and helps humans digitally and can he relied on for faster decision and brand new innovations. On the other hand cons can be listed as it being extremely expensive, lacking emotions, creating unemployment and adding lathery and obesity to the list of flaws in humans.[1]


When specifically talking in terms of inculcating the AI in the legal Fraternity, this superior technology saves time for the attorneys and produces more accurate and quality work which in turn leads to higher revenues. The client base grows to be versatile and more satisfied. When AI will be included in the judiciary the work process will be much faster and gradually a de will be added front of all the clutter.

REVOLUTIONIZING

Scientists around the globe working on this future technology have been posed questions from various professions for the inclusion of AI in their day to day work. Law, in its questions relates to the questions of whether or not there will be a future without law due to the unregulated tryst with the AI. Or will all the personalities involved in the field, lawyers and judges be replaced with AI? The initiative of bringing Artificial Intelligence into almost every field has brought to light the various paradigms to be followed to make this initiative a success. Machines accuracy of predictions and decisions depends upon the precision of the historical data fed to it.[2]


All the past articles, sections, cases, petitions, writs, committees and commissions have to be saved into the technology with utmost accuracy for it to work efficiently and build up a self learning programme combining history with present day affairs. Artificial Intelligence is a way of seeing the future and nurturing growth in terms where human mind can only dream to be. Generations pass by and the cases still stand pending with the current man power and assistance of the judiciary. Once AI is full fledged brought into the system it will just be countable time before all the pending cases since ages will be heard and clarified upon.

INNOVATIONS AND US

The concept of Artificial Intelligence has been introduced in the legal world in bits and pieces at minimal level to measure and predict its success.

· Peacegate

An initiative by the Indian Institute of Arbitration and Mediation promoting and providing solutions for disputes registered and invoking any of the alternate Dispute Resolution methods. The conflict is registered, negotiated and settled on this app by the way of comfortably clicking buttons at your very residence. Improving Public Faith in the justice Delivering System is the role of this initiative as claimed by the Chief Justice of India, Sharad Arvind Bobde.[3]

· LawGeex

A start up that uses Artificial Intelligence to review contracts and follow through the approval process much faster. The simple steps include uploading the said contract on this platform which significantly reviews the contract, points out the loopholes, errors and omissions and the review is accessible by anyone who is a part of the contract making and approving structure.[4]

· Biegel

Result of efforts of the people designing law to be compatible to the future and promoting smarter ways of communicating. Anyone around the world who cannot afford lawyers but are desperate to review their contracts can upload it on this platform and all the shortfalls will be pointed out. A completely “no-person involved” initiative to serve the true purpose of the law.[5]

PAVING WAY AHEAD

Artificial Intelligence, as efficient and effortless it makes the work sound, but is yet not ready to be adopted into the law as it poses threats to the profession in abundance and the key words of being “Just” & “fair” can’t be left unattended. AI is taking over beyond imagination but there are the lot of challenges to be conquered before one can in true sense accept technology into professions deciding life and liberty of a person.


Socially speaking, greater good is always looked upon at a higher pedestal by the law then personal petty gains of individuals. The law is all about setting example and decrementing the count of crimes and civil wrongs. But the AI can be used by individuals to personally gain out of consequences that can prove to be harmful to the society.[6]


Juristically explaining, all the deeds of people are covered under the law in the name of laws, philosophies and rights. This spectrum can be accessed by a large number of people sometimes maybe for those who are not entitled as well. Questions regarding use of AI are further raised as to the protection from infringement of privacy, whether or not it considers all the statistically intangible but yet existing factors like motive and motivation. Harvesting huge quantities of data on an external source is breach of fundamental rights of citizens is among the reasons for its adoption resistance.


Technically exclaiming, machines are always prone to intruders from unknown sources and also diminishing efficiency as the years pass by. Covering all the blinds spots by putting algorithms to use is all fancy but this still poses the question of reliability on simple statistics and no societal logic in the shape of a debate. Self training mechanisms by placing reliance on the historical data may put at end to the need to exercise a human brain and work with no emotions of humanity.[7]

IMPLICATIONs AND CONSEQUENCEs


· Expensive yet Desirable

The inclusions of Artificial Intelligence in the legal fraternity around the globe will cost highly in monetary terms but all the advantages it brings along, reducing efforts and human time involved, saving beyond the storage space available in humans and quick accessibility are all worth the currency.


· Intuitive yet Flat

The concept of Artificial Intelligence primarily avoids all the work hours put into training personnel and projects immediate results post its installation. But its due diligence doesn’t take into account emotions, human understanding or feelings into account.


· Effective yet cold in Billable

The steps involved from accepting understanding facts of a case to disposing off with a verdict the process turns out to be much effective, quick with no human clerical errors. The client base will grow versatile but also attorneys will be paid less as the most important and primary task of research is laid upon the technology with better effectiveness.[8]

· Resourceful yet Scant

Any precedents, judgements, cases, comments etc relating to a case can be discovered at the click of a button as AI stores huge fragments of data but while making a decision it fails to consider intangibles like motive and motivation.


· Efficient yet Disrupt able

The fact as to existence of a never ending list of pending cases is not hidden. The use of Artificial intelligence can help to cut short this list by quickening the process of justice delivery. Legal research would become easier and arguments formation would be done in a day’s time. The biggest drawback of adopting AI into the legal world includes infringement of privacy and the risk of sources being hacked forever trolls over heads of managers.[9]

TO BE CONTINUED....

With the current rate of advancement it wouldn’t be hard to believe that the concept of money or working humans can completely vanish in near future. Legal technology aims at helping attorneys to deal easily with a broad range of issues more efficiently and develop a broader range of client base. The role to be played by a judge or a layer while deciding upon matters of social importance can completely be redefined by this invention of Artificial Intelligence in the field.


Client can access all that their attorneys are privileged to. More reliance and resilience can be a predicted outcome but all the ways and means in which the current and future application of the AI can be predicted would be miles apart metaphorically. To be prepared and best make this technology suitable to the needs of people it is important to scrutinize its working and efficiency along with its implications on society to better manufacture its statistics to suit the needs of the legal fraternity.[10]


Dynamic Links


References [1] Sterling Miller, Benefits of AI: What Have You Done For Me Lately?, Thompson Reuters https://legal.thomsonreuters.com/en/insights/articles/benefits-of-artificial-intelligence [2] Mark McKamey, Legal Technology: Artificial Intelligence and the Future of the Law Practice, Appeal Vol 22, 45 (2017) https://heinonline.org/HOL/Page?handle=hein.journals/appeal22&div=7&g_sent=1&casa_token=FFFYBFz9QrgAAAAA:XrUqLLrRjfZMXdwne0iaoucT0lOLOusyudUtxL1I1_DK6HJYh90m2q8OwacUHRHrLKjNmwuXkjM&collection=journals [3] Anonymous, PeaceGate App, Indian Institute Of Arbitration & Mediation https://www.arbitrationindia.com/peacegate.html [4] Steve O’Hear, LawGeex Raises $12M for its AI-Powered Contract Review Technology (17 April, 2018) https://techcrunch.com/2018/04/17/lawgeex-raises-12m-for-its-ai-powered-contract-review-technology/#:~:text='%20the%20LawGeex%20contract%20review%20system,undertaken%20using%20the%20startup's%20AI [5] Anonymous, Exceptional Lawyers, Exceptional Results, Beigel Law Firm https://biegellaw.com/ [6] Steve O’Hear, LawGeex Raises $12M for its AI-Powered Contract Review Technology (17 April, 2018) https://techcrunch.com/2018/04/17/lawgeex-raises-12m-for-its-ai-powered-contract-review-technology/#:~:text='%20the%20LawGeex%20contract%20review%20system,undertaken%20using%20the%20startup's%20AI. [7] Mark McKamey, Legal Technology: Artificial Intelligence and the Future of the Law Practice, Appeal Vol 22, 45 (2017) https://heinonline.org/HOL/Page?handle=hein.journals/appeal22&div=7&g_sent=1&casa_token=FFFYBFz9QrgAAAAA:XrUqLLrRjfZMXdwne0iaoucT0lOLOusyudUtxL1I1_DK6HJYh90m2q8OwacUHRHrLKjNmwuXkjM&collection=journals [8] Sunil Kumar, Advantages and Disadvantages of Artificial Intelligence (25 Nov, 2019) https://towardsdatascience.com/advantages-and-disadvantages-of-artificial-intelligence-182a5ef6588c

[9] Soojung Chang, The Benefits Of Using Artificial Intelligence in Law (20 April, 2018) https://blog.rossintelligence.com/post/benefits-ai-law [10] Andrew Arruda, An Ethical Obligation to Use Artificial Intelligence? An Examination Of The Use Of Artificial Intelligence in Law and the Model Rules of Professionalism Responsibility Symposium: Technological Tools For an Efficient Esquire, 443 40 Am.J. (2017) https://heinonline.org/HOL/Page?handle=hein.journals/amjtrad40&id=467&collection=journals&index=#

 

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