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Trending: Call for Papers Volume 4 | Issue 3: International Journal of Advanced Legal Research [ISSN: 2582-7340]

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ARTIFICIAL INTELLIGENCE: A GIFT OR CASUALTY IN DISGUISE? – Sanchita Kushwaha & Ananya Prakash

“Predicting the future isn’t magic; it’s artificial intelligence.”– Mr. Dave Waters

ABSTRACT

‘Artificial Intelligence’ is one of the most generic terms used in movies and social media frequently. The thing to know about this generic term is that- It not just includes some extraordinary life-changing inventions, as the film brings to us but are the stories we live with. The ability of AI has taken over us, and we are dependent on it, directly or indirectly. The article focuses on the scope of AI and how our courts have realized the responsibility that is long lying on their shoulders, and they have come to a pace with technological advancement around them. As an initiative, the Supreme Court has established- SUPACE and SUVAS. Lawyers, too have widely accessed AI resources to their plus-point. Chief Justice of India has acknowledged this increasing trend of AI and has discussed the concept of- transcribing the judgments. Hon’ble Justice Anoop Chitkara generously accepted his preference for ChatGPT regarding some instances. In this article, we will move slightly to the international aspect and discuss Justice Manuel Padilla and how China recently moved next level by using AI as an assistant judge. In this regard, this article also considers the importance of AI during pandemic situations as that of COVID-19. It is to note that merely for the sake of uneasiness of lawyers with AI tools, one cannot deprive or prevent the use of same in the legal field. In recent eras, the most common fear among people is that AI will replace lawyers; therefore, this scenario has also been discussed in the article, explaining that nothing much will happen the work of lawyers will be made accessible. Hence, this article will briefly discuss the future of AI in the legal field and will somewhere remove the misconceptions related to it.

THE FUTURE OF AI AND PREDICTIVE ANALYTICS IN LAW

AI circumscribes a giant sphere, including its clutch over the law. It has grown over the legal system and plays its part in decision-making.SC realizes this and has been considered to form- AI Committee. Also, SUPACE– Supreme Court Portal for Assistance in Court Efficiency and SUVAS- Supreme Court VidhikAnuvaad Software provide for- Automating judicial processes and translating judgments into regional languages.

We have a long list of AI programs used by lawyers for research purposes, from- LexisNexis to SCC and Manupatra; this makes it easy and efficient for the lawyers to research and come up with quick conclusions or arrange arguments well-off. Our judiciary system is delayed, and there are no ideas to deny the need for AI. Firstly, analyzing the present and compiling the instances where AI has been crucial in decision-making:

  • Hon’ble Chief JusticeDY Chandrachudused AI for the first time to transcribe the court’s hearing. In the recent- Maharashtra matter, the AI efficiently translated the arguments proposed in the court’s live hearing. This was well acknowledged by Union Minister of Law and Justice- Mr. Kiren Rijiju.[1]AI will not just act as a service for transcription of the hearings but will also work as a system of checks and balances and will ensure that the decency of the court is always maintained and that the lawyers are cautious of their words along with the judges.
  • Hon’ble Justice Anoop Chitkara also acknowledged that he used ChatGPT in deciding a case proposed at the Punjab and Haryana High Court, not to determine the point directly but accessed the app to summarise case laws on the issue of the case, involving high-level acts of cruelty. His reason is- a consistent view.
  • A court in China Shanghai employed AI as a judge’s assistant (2019) named- Xiao Zhi 3.0. It efficiently resolved a case involving ten people who failed to repay the loan just within 30 min, which could have otherwise taken ten separate trials.[2]
  • A 19yr old in New York, London, created an AI-controlled free service- Do Not Pay to challenge the parking ticket imposed upon people. The AI efficiently won 160,000 cases to save a fine of $4 Million.[3]
  • Hon’ble Justice Juan Manuel Padilla, Colombia- ruled out a judgment that- Child’s medical plan should be considered to cover all the bills when his parents are incapable of doing so in a case involving a child with autism. He accepted the role of ChatGPT in his decision-making and how he referred to preceding cases from the app.[4]

Thus, these instances prove that AI no longer stands to be a future but is present at many levels. The judiciary has been considerate enough that the day when AI will head our system is not far away, but everything comes with its pros and cons, and so does this use of AI in the judiciary. This could threaten the privacy of proceedings, lack of judgment accuracy, or the decisions being too rigid, etc.

As discussed, AI is also being used in the legal field for research, such as pilot projects, to predict the result of court cases. Further, it is also used by lawyers for the preparation of non-disclosure agreements as well as other lower liability contracts. If seen during the COVID-19 pandemic, various judges and lawyers understood the importance of technology, leading the courts to deal with urgent matters via videoconferencing and e-filing legal documents as ordered by the Supreme Court.

 In the case of Swapnil Tripathi v. Supreme Court of India[5], it was held by the Apex Court that live streaming of proceedings shall be done except the criminal cases such as rape and matrimonial matters. Hon’ble Chief JusticeChandrachud said that “all the chief justice now replicate” the ‘Justice Clock’ in the High courts and all the country’s District Courts. Here, quoting this, CJI meant that with the changing world, the technologies should be approved in the fieldwork, and the same should not be disapproved merely due to the judge’s uncomfortable with technology. Therefore, the lawyers need not be overburdened, and the judges must replicate themselves.

Further, certain misconceptions arise that AI technologies will replace lawyers. Here, it is essential to understand that the use of AI is never going to replace lawyers. It will only make the work easier and lessen the lawyers’ burden. AI will improve the authenticity and accuracy of research and analysis. The lawyers will be able to collect data and other information through the internet portal, and if any case laws are required, that too can be obtained through various sites. From specific research, it is evident that the current generation of legal lawyers keenly usesAI-based software for their work.

 The new report on ChatGPT& generative AI in law firms indicates that 82% majority states that ChatGPT and generative AI can be applied to legal work, and 51% majority agreed that both should be applied to legal work.[6]But, AI also includes a list of disadvantages to itself and is to be used cautiously if used excessively in the legal field by judges and lawyers- Fig.1.

Although, there is no doubt that- AI has a great future in the legal field as it is not only less time-consuming,but it also provides accurate research data which can be further used by lawyers as well as judges for the dissemination of justice in lesser time and that too with proficiency. As AI has revolutionized and rejuvenated legal practice, the future of AI in the legal industry is exciting. Thus, by adopting appropriate AI mechanisms, the lawyers will surely gain an edge over competitors. Though it will lead to specificjob loss, various employment opportunities will also rise. Machines cannot replace Services like providing legal advice as it requires a human element as a human being is dynamic while the program code in a device is not.

There is a requirement for legal engineers., with knowledge of the legal industry that can be applied in writing AI algorithms. And with the AI algorithm, legal practitioners will benefit from the services like thinking, analyzing, arguing, and advising. AI technology is a boom in one of the branches of legal fields called Intellectual Property Rights (IPR). IPR requires a comprehensive IP professional for the research purpose, which is made easy with the help of AI analytics tools. Thus, IP firmsat large can condense their search time for intellectual property and can work proficiently.

Therefore, from all the points discussed above, it can be concluded that the legal field is overburdened and have many pending cases, which leads to delayed justice as per the legal maxim-“Justice Delayed is Justice Denied,” we observe a need to incorporate AI algorithm in the legal industry which is going to reduce the burden of the lawyers and providejustice at the adequate time—the delay of justice is to be accompanied by reason to do so. And Judges across the globe realize the same need and are acknowledging the benefits AI could bring.

BIBLIOGRAPHY

[1]Sounak Mukhopadhyay, AI in Judiciary DY Chandrachud speaks on possibilities of AI, role of judges, Livemint, 2023 https://www.livemint.com/news/india/artificial-intelligence-in-judiciary-cji-dy-chandrachud-speaks-on-possibilities-of-ai-role-of-judges-in-such-cases-11683360787252.html

[2]Alena Zhabina, How Chin’s AI is automating the Legal System, DW LiveLaw, 2023https://www.dw.com/en/how-chinas-ai-is-automating-the-legal-system/a-64465988

[3]Lauri Donahue, A Primer on using AI Legal Profession, Jolt Law Harvard, 2018https://jolt.law.harvard.edu/digest/a-primer-on-using-artificial-intelligence-in-the-legal-profession

[4]Milin Stanly, A Colombian Judge admits he used ChatGPT,INDIAai, 2023https://indiaai.gov.in/article/a-colombian-judge-admits-he-used-chatgpt-for-the-court-ruling-which-triggered-public

[5]Swapnil Tripathi v. Supreme Court of India(2018) 10 SCC 639 (India)https://lawtimesjournal.in/swapnil-tripathi-vs-supreme-court-of-india/

[6]News report on ChatGPT & generative AI in law firms shows opportunities abound, even as concerns persists, AI & FUTURE TECHNOLOGY, THOMSON REUTERS, 2023https://www.thomsonreuters.com/en-us/posts/technology/chatgpt-generative-ai-law-firms-2023/

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