Artificial Intelligence (AI)

"AI is the science and engineering of making intelligent machines, especially intelligent computer programs. It is related to the similar task of using computers to understand human intelligence."- John McCarthy

AI is a branch of computer science and also the most elusive subject which was first coined by American computer scientist John McCarthy at the Dartmouth Conference (1956). Years 19561974 was considered as the golden years for AI. In the year 1966, the researchers emphasized developing algorithms which can solve mathematical problems.

Joseph Weizenbaum created the first chatbot in 1966, which was named as ELIZA. And in year 1972, the first intelligent humanoid robot was built in Japan which was named as WABOT-1. All this created enthusiasm for the computer scientists towards AI which is in remarkable level till date.

AI is a machine intelligence that focusses on performing the tasks which usually requires human intelligence and it entails the development of intelligent computers that can think, learn, and make judgements in order to solve issues or accomplish particular objectives. Machine learning, natural language processing, computer vision, expert systems, and robotics are just a few of the methods and approaches that fall under the umbrella term "artificial intelligence."

These innovations give AI systems the ability to process massive volumes of data, spot patterns, comprehend and produce human language, develop predictions, and adjust to changing conditions. They operate based on algorithms and data, performing specific tasks without true understanding or emotions.

In todays' current situation the Artificial Intelligence has developed a lot as it became more prevalent in all the known professional fields including Legal profession. AI is used currently to solve the difficult tasks. Development in AI is presenting an opportunity for the legal industry to have efficient and effective solutions, reduces the costs, less time consuming and streamline legal procedure. Numerous of cases which are fairly analogous in nature are being filed each year in the Courts of law.

Very few efforts are made to analyze how these cases are progressing at every stage. Judges need to be equipped with enough information about the possible paths that the case could take to help in faster disposal of the case. Here comes the Artificial Intelligence (AI), new technology which is capable of assisting judges by predicting vital information regarding an ongoing case based on past cases of an analogous nature. Analyzing the variables of cases will help the Courts to dispose of the cases quickly and effectively.

Usage Of AI In Legal Profession By Other Countries:

In November 2020, to hear directly from beneficiaries concerned, UNESCO launched a survey of judicial operators worldwide to understand the relevant issues for capacity building and knowledge exchange concerning AI and the Rule of Law. The survey received 1265 responses in seven languages from judicial operators in 100 countries around the world. And the respondents from the above survey includes:

The respondents represent diverse actors across different legal systems. 35 per cent of the respondents are judges, 20 per cent are lawyers, and 27 per cent are civil servants working in the judiciary, prosecution services or law ministries.

The respondents expressed interest in learning about two broad areas of the use of AI in judicial systems as an administrative and assistive tool and the legal implications of AI in society.

For a long time, the application of new technology in this field is mainly limited to some noncore areas, such as improving efficiency through digital office and management system. For substantive legal solutions, such as the formation of litigation programs and judicial opinions, technology rarely provides substantive support, making it more difficult to replace legal practitioners1.

However, "artificial intelligence technology is expected to change this reality: as a technology trying to understand the essence of human intelligence and simulate and extend human intelligence on this basis, artificial intelligence technology can efficiently complete information collection, regulation sorting and implementation or imitate the process of legal reasoning by establishing an appropriate computing model in theory, so as to output solutions and the corresponding explanation to the input legal issues. With the rapid development of this technology, even conservative and proud legal people have to face up to the challenges of artificial intelligence for the legal profession.

In 2015, Ottoman well, an American company, found that 85% of people believed that "In the era of artificial intelligence, artificial intelligence technology can replace the work of paralegals and junior lawyers". [2] Although this kind of investigation may not be the trend of industry development, the alert of legal professionals caused by artificial intelligence can be seen from this.

After entering the new century, with the rapid development of AI technology, the combination of AI and legal work has become more and more close., In June 2016, Ross, the first AI lawyer in the history supported by Watson, IBM's cognitive computer, was "employed" by an American law firm. It can communicate with lawyers in human language, give people an experience of working with prospective employees, and be able to deal with certain bankruptcy consulting issues [3].

In UK, DoNotPay, a robot lawyer, can help users to challenge traffic tickets and to prepare legal documents. Now it has expanded to government housing applications, refugee applications and other legal services. In February 2018, the AI system developed by lawgeex, an Israeli legal technology company, defeated 20 top lawyers with rich experience in standard business contract review competition. What's more, its average accuracy rate is 9% higher than that of human.

In the low-level application field, in some scenarios with clear and simple rules system and high standardization of evidence system, the development of legal artificial intelligence technology is likely to eventually replace the work of most of these legal practitioners. For example, New York City has allowed violators to choose an automated online dispute resolution system to resolve parking violations.

In these processes, the steps that require the involvement of legal professionals have been significantly reduced. Even in the current background of weak artificial intelligence, this trend is relatively obvious. After all, under the background of big data, artificial intelligence can make some humanoid behaviours and work with the help of rules. With the strengthening of artificial intelligence, the standardization of law is likely to be completely replaced by artificial intelligence.

Impact On Indian Legal Profession: Judges And Advocates:

AI is a very high technology which imitates the human intelligence and takes action or decision on their own. The AI has entered into the Indian legal sector but has gone through little innovation in terms of technology and it is clearly seen that AI has further long future in the Indian legal profession which will change the way lawyers deal and the law is looked at in India.

Introduction of various legal research platform helps the law firms or the individuals to get the knowledge from every edge possible and also reduced the number of man-hours. The best and known example can be seen as casemine which is an Indian legal startup that can easily provide the case laws of various High courts and the Supreme court and is also less time consuming which became as a great resource to the legal fraternity for their research work.

By highlighting the legal flaws in judgements, offering aid with the preparation of contractual documents, performing due diligence, giving legal analytics, etc., it offers cost-effective alternatives to lawyers. Similar to this, AI can help reduce the workload of the judiciary, particularly in instances involving minor violations, while leaving the more difficult matters to be decided by human judges.

A well trained Al algorithm would be a reliable tool in the hands of the trial judges in highlighting the summary of the documents and oral evidence it would greatly enhance the capability of the trial judges in adjudicating complex matters. One of the instance, Supreme Court Vidhik Anuvaad Software (SUVAS)[4], a machine learning tool, is being used for translating Supreme Court judgments into vernacular languages.

The apex court has started translating daily orders and rulings into 9 Indian languages such as Assamese, Bengali, Hindi, Kannada, Marathi, Odiya, Tamil, Telugu and Urdu. The initiative focuses on enabling better access to justice for litigants by providing them with access to knowledge.

Ideas Expressed By Indian Judges:

Dispensing justice in a timely manner is a challenge faced by judiciaries worldwide. AI systems have the potential to increase the efficiency of administrative processes to help free up human resources in judicial systems for more analytical tasks and help reduce delays. The system will be designed to aid a judge with facts in writing verdicts and using their own intelligence with a sense of right and wrong.

The idea of welcoming AI in the Indian legal profession is described by former Chief Justice of India Dipak Misra while addressing the conference. He said:

"...the future of any new-age technology lies in the regulations that govern them. Artificial Intelligence (AI) promises a high growth potential in a number of sectors… AI needs a strong legal framework around it to explore maximum benefits. AI today is growing multi-fold and we

still do not know all the advantages or pitfalls…India has the right talent and technological resources. With a powerful legal directive, the country can set many milestones with a strong command over AI…But India currently does not have specific regulations that govern AI…"

Similarly, current CJI SA Bobde also spoke on similar lines and has advocated for greater use of AI in the legal system, especially in the field of docket management and decision making. At the event organised by the Supreme Court Bar Association (SCBA), he opined,

"…We must increasingly focus on harnessing IT and IT enabled services (ITES) for providing more efficient and cost-effective access to and delivery of justice. This must also include undertaking serious study concerning future of Artificial Intelligence in law, especially how Artificial Intelligence can assist in judicial decision making. I believe exploring this interface would be immensely beneficial for many reasons.

We have a possibility of developing Artificial Intelligence for court system. Only for the purpose of ensuring that the undue delay in justice is prevented." He also made it clear that AI will not be replacing human discretion or judges. Sharing more insights he further stated that "It is only the repetitive, mathematical and the mechanical parts of the judgments for which help can be taken from the machine learning system…we are exploring the possibility of implementing it."

Justice DY Chandrachud has also spoken on similar lines, In an interview he said,

"The idea of Artificial Intelligence is not to supplant the human brain or the human mind or the presence of 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."

Supreme Court Judge Hima Kohli stated the AI should be looked as an opportunity to enhance the quality rather than as threats to pose, amid increasing chatter that artificial intelligence and generative AI tools like 'ChatGPT' might make lawyers obscure. She says, "AI is a gamechanger in the legal field and has the potential to revolutionise the way lawyers work."

On April 6th, 2021, Former CJI S.A. Bobde has launched the first AI driven research portal, Supreme Court of India's Artificial Intelligence portal SUPACE[5] (Supreme Court Portal for Assistance in Courts Efficiency). Through this portal, the SC intends to leverage machine learning to deal with the vast amounts of data received at the time of filing of cases.

This AI will produce results customized to the need of the case and the way judge thinks. One of the chairmen of the SC's AI committee, Justice L Nageshwara Rao thinks that AI will be very helpful in the administration of justice and it can address bottlenecks resulting in excessive delays. AI has the potential to be a tremendous asset in the justice delivery system.

The Judicial officers of Indian Legal profession are looking forward for a better future with the introduction of AI in the Indian legal sector as it will surely bring major changes in the coming years of the legal profession.

How Is AI Beneficial To Advocates:

AI also has the potential to transform litigation. Judgments, orders and other information available in public records could be analyzed and used to predict outcomes in a pending case.

A Toronto-based startup called Blue J Legal is deploying AI-based legal prediction technology, which primarily focuses on tax law, for now. This AI, it is claimed, is able to predict the outcomes of cases with 90% accuracy. This can go a long way in helping litigators furnish more accurate information to clients and adopt better strategies to serve their interests. It may also help in minimizing the number of cases that go to trial, consequentially reducing the burden on already overburdened courts.

Therefore, AI has the potential to provide an opportunity for litigators to form opinions corroborated by data and analytics, instead of relying merely on intuition. Another area where AI could increase productivity is legal research. From students and junior lawyers going through volumes of case law manuals and commentaries, to using Indian legal search engines like SCC Online or Manupatra, legal research has come a long way. However, they are restricted to keyword matching to find relevant cases and legal information. Case text, powered by AI, has gone beyond that and focuses on finding cases based on legal opinions expressed in plain English

ChatGPT which was introduced by Open AI which can help Advocates in legal research, document generation, legal information, and legal analysis which reduces the burden to advocates and simplifies the work. Coming to Legal research, by scanning huge amounts of text data it provides relevant information on a given topic. In Document generation, the AI could be used to generate legal documents such as contracts and briefs ultimately saving lawyers time and effort. And Legal analysis could be used to assist in legal analysis by providing suggestions and also insights based on its understanding of the relevant legal principles and precedent.

India Today's one of the articles regarding AI states that IIT Kharagpur's researchers have developed AI-aided method to automate the reading of legal case judgments.

A Bengaluru-based company called Technology Enabled Resolutions (TERES), which had earlier provided AI-enabled transcription services to arbitration practitioners, helped the apex court develop this facility. The AI engine was used to translate court arguments into text during live proceedings of the constitution bench hearing on the Maharashtra political controversy[6].

Chatgpt Enhances Legal Field But Subsides Lawyering:

ChatGPT was introduced in November 30, 2022 by Open AI which released a chatbot called chatGPT. Impact of chatGPT will be in innumerable ways for both good and ill. It has shown powerful capabilities which can absorb an enormous amount of information and then create new, original content after receiving a prompt from a user. Within a few months of chatGPT's release many legal tech companies and law firms are already announcing new ways of using generative AI tools.

It provides information regarding legal research, legal analysis, legal information, Document generation. This AI tool is also useful to public in large in providing general legal information to public, such as in frequently asked questions, providing basic legal advices and so forth.

This AI tool could be used to create a legal document by promoting the user to input specific information such as the parties involved, specific provisions, and the terms of agreement and then GPT use this information to generate a draft of the legal document, which the user could then review and also modify if needed.

Preparing An Initial Draft Of A ComplAInt

Prompt : Draft a legal complaint for a Telangana state court by Rameshwar against Rakesh for injuries arising out of a car accident on January 1, 2022 caused by Rakesh at the botanical garden, kondapur in Hyderabad. The complaint should specify that Rakesh failed to stop at a red light and caused Rameshwar serious injuries.

State of Telangana
In the court of Ranga reddy Dist.
Rameshwar, Plaintiff v. Rakesh, Defendant

The Plaintiff, Rameshwar, brings this Complaint against the Defendant, Rakesh, for injuries arising out of a car accident that occurred on January 1, 2023 at the Botanical garden near Kondapur, Hyderabad.

At the time of the accident, the Plaintiff was operating his vehicle near Botanical garden near Kondapur in the city of Hyderabad. The Defendant was operating his vehicle across the road near botanical garden in the City of Hyderabad. As the Defendant approached the intersection of road, he failed to stop at a red light and collided with the Plaintiff's vehicle. As a result of the Defendant's negligence, the Plaintiff suffered serious injuries.

The Plaintiff is entitled to recover damages from the Defendant for the injuries he sustained in the accident.
The Plaintiff therefore seeks damages for his injuries, including medical expenses, lost wages, and pain and suffering.
The Plaintiff demands a trial by jury on all issues so triable.
Dated: June 5 2023

Rameshwar (Plaintiff)
There are several challenges and ethical considerations that must be taken into account when using ChatGPT in the legal field.

Challenges Faced:
One challenge of using ChatGPT in the legal field is ensuring that it produces accurate and reliable results. Because ChatGPT is trained on a huge amount of text data, it may not always provide the most up-to-date or relevant information on a given legal topic. This can lead to potential errors and misunderstandings, which could have serious consequences in the legal context.

Another challenge of using ChatGPT in the legal field is that it may not always be able to account for the nuances and complexities of the law. Because ChatGPT is a machine learning system, it may not have the same level of understanding and judgment as a human lawyer when it comes to interpreting legal principles and precedent. This could lead to problems in situations where a more in-depth legal analysis is required.

From an ethical standpoint, there are also concerns about the use of ChatGPT in the legal field. One such concern is the potential for ChatGPT to be used to replace human lawyers and legal professionals, potentially leading to job losses and economic disruption which is a major concern that can make a human life to Topsy-turvy. Another concern is the potential for ChatGPT to be used to manipulate or deceive others, for instance by generating false or misleading legal documents.

But the responses generated by ChatGPT were imperfect and at times problematic. So, the use of AI tool for law related services causes ethical issues.

Pros And Cons Of Using AI In Legal Field:

Pros:
Discussing about the advantages that AI provides to the legal professionals, the first and foremost point of discussion is Due diligence, the Legal professionals put hours and hours for drafting the legal documents and the legal contracts which can be done easier by the AI tools. This can save time for them, which can be more productively reinvested in advisory work and formulation of legal strategies.

Reduces the stress:
The other pro is reducing the stress of legal professionals as we know how the job is so tedious, the lawyers have to deal with the clients, prepare arguments to present before the court, review documents, research work, searching various case laws supporting their arguments. The entrance of AI in the legal field will definitely be a boon as the software will help them to extract the important data and categorize them.

A major boon during situations like Pandemic:
Taking the example of COVID-19, where all the professional fields got shelved-apart and all the activities got hindered. The pandemic didn't leave the legal profession too and the legal industry was forced to change the old-traditional method of court proceedings to completely digitally running E-courts. Today, the professionals can access the documents easily from their homes and also arrange the virtual meetings whenever it requires.

Improving the efficiency of lawyers and also will also improve enhancing the access to justice for the clients. In addition, automating specific aspects of litigation can widen the range for the individuals. Moreover, the legal professionals over burdened with work will now be able to take on additional cases and provide legal support to their clients.

Cons:
With the strengthening of AI, the standardization of law is likely to be completely replaced by AI which in turn makes Evolutionary change to Revolutionary (extreme than usual for ill ).

AI is trained on a large amount of text data, it may not always provide the most relevant information on a given legal topic. This can lead to potential errors which could have serious consequences in the legal context.

The need for Legal training concerning the implications of AI systems for bias, discrimination, freedom of expression, privacy, and understanding the ethical challenges presented by the use of AI in different social contexts.

AI to be used to replace human lawyers and legal professionals, potentially leading to job losses and apparently leading to economic disruption and thus One of the significant Concerns.

AI is a machine learning system, it may not have the same level of understanding and Judgement as a human lawyer and fails when it comes to interpreting legal principles.

If the scope AI is limited and if it does not change or imbibe the fundamental nature of legal principles, lawyering, legal profession then it could be a boon. i.e, if it is limited to Legal research, Documentation, legal analysis rather than involving in core parts of legal field where humans plays a crucial role rather than a machine learning which cannot perform actions considering ethical values.

Future Of AI:

It is difficult to predict exactly AI will evolve in the future, as it is based on advanced artificial intelligence algorithms that are constantly being improved and refined. However, it is likely that they will continue to become more intelligent and more effective at assisting users in a variety of tasks.

As far as their impact on the legal profession is concerned, chatbots like GPT-3 could potentially be used to assist lawyers with a wide range of tasks, such as legal research, document drafting, and case analysis. This could help to improve the efficiency and accuracy of legal work, and could potentially allow lawyers to handle more cases and provide better service to their clients until and unless the scope of AI is limited.

The world is transforming into a completely new system where the AI and the machine technologies are playing and will further play a huge role in connecting with the work field. By researching many articles, it clearly shows how important this highly advanced technology is in reducing the pendency of cases and improving efficacy of the legal professionals.

The job of judging the cases or arguing on the facts, where we know that there are bundles of cases still pending in every court room of India, is so tiresome that surely requires the undoubted help. Hence holding the hand of AI will make them more productive but with the boon there comes the Bane.

Bane is afraid of replacement in the future years, the fear of losing the actual methodology of the working of courts of law.

Conclusion:
Plethora of technological inventions are being made by humans thinking that the technology aids the humans in one or other way and subsides the burden they have. But in return the same technology should not become threat and surpass humans which creates hindrance and one such advanced technology tool is AI, there are many advantages which makes a lawyer or a person in legal field seamless when it is given limited scope but if the scope given is beyond, where fundamental nature of lawyering, legal field is changed by Artificial intelligence then there arises the radar on humans who are in the field of law and sooner or later, lawyering is an end by humans and a beginning of AI tool controlling the legal system.

Aftermath of the end of era of human lawyering, one has to consider the ethical implications of using this technology, as it is a machine learning system, it may not have the same level of understanding as a human lawyer when it comes to interpreting legal principles and precedent. This will definitely lead to problems in situations where a more in depth legal analysis is required.

As, few most significant qualities cannot be acquired by a machine, humans cannot be replaced with any AI technology in legal field but can permit in the purview of legal documentation, legal research, legal analysis, legal information which is more advantageous to lawyers in time and effort. Each and Every technology that is been installed in to the market will have pros and cons so as the AI in legal field. And so the technology should be used in a responsible and transparent manner.

End-Notes:

1. Zhao Peng, The Development of Legal Artificial Intelligence Technology and the Response of Law Science Education. Higher Education Nationwide, March 4th, 2019, Page 75. (in Chinese)
2. Zuo Nina, Li Dongqing, Research on the Cultivation of "Artificial Intelligence + Law Science" Composite Talents, Journal of Management School of Guangxi University of Political Science and Law, May 2019, Page 125. (in Chinese)
3. LIBERATORE S. "Your AI Lawyer will See You Now: IBM's ROSS Becomes World's First "Artificially Intelligent Attorney [EB/OL].(2016-05-16)[2018-04-07]
4. https://www.scconline.com/blog/post/tag/supreme-court-vidhik-anuvaad-software/
5. https://webcast.gov.in/events/MTI1MQ--SUPACE portal
6. livemint Article- "Bangalore techies bring AI to Supreme Court for the first time"

Written By:

1. Sruthi Reddy, 4th Year Law Students
2. Yashika Pondi. 4th Year Law Students