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ARTIFICIAL INTELLIGENCE A MENACE TO LAWYERS?

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Authored By: Mr. Prashant Sharma, Co-Authored By: Ms. Saman Nadeem, Siddhartha Law College, Dehradun.

I. INTRODUCTION:

“Being a human it’s so lucky to have someone to take care of your daily routine and remind you of all your important tasks, whether it is personal or professional. But expecting all these things from another human being would be so unfair, when you yourself cannot remember all your work then how can someone else. But our very effective and efficient scientists have overcome this problem by introducing artificial intelligence in our fast and furious world. Artificial intelligence is a computer system which performs the entire task using human intelligence. Artificial intelligence performs a very momentous role in our personal lives by reminding us of our business meetings, keeping us updated with the news, remembering important dates in our lives and many more tasks.

The use of artificial intelligence has escalated very fast in our society; it has acted as a boon to our day to day life. Therefore we can see the use of artificial intelligence not only for our personal work but also in industries and working places. Like artificial intelligence system used in hotels, offices as robotic concierges, these are used to manage the whole sole work of the industries hotels and offices.

But the question arises, whether this artificial intelligence can be used in courtrooms or in the field of law? Some believe that it would be helpful in the field of law as the history of Indian legal system, history of laws in India are so wide in scope that this would surely be helpful for the lawyers, especially in the field of legal research. Law firms would be so much benefited by this, as they can provide solutions to their clients in an innovative manner also at very less expense and consumption of time. But there is always insecurities attached to any new innovation, and the biggest insecurity with artificial intelligence being used in law field is that, whether the artificial intelligence would replace the lawyers in future, as it is much effective and efficient than lawyers in India? All these issues related to artificial intelligence are of cardinal in nature so it is needed to be answered.

This article basically focuses on all the issues related to introducing artificial intelligence in the field of law in India. This article tries to bring out all the possible angles related to the topic.

II. ARTIFICIAL INTELLIGENCE AND ITS ESPOUSAL:

India’s government is of view that artificial intelligence is of great significance for the developing country like India. In India, NITI Aayog released a policy paper, ‘National Strategy for Artificial Intelligence’, in June 2018, which considered the importance of AI in different sectors. Budget 2019 also proposed to launch a national programme on AI.[1] In February, the Kerala police inducted a robot for police work. The same month, Chennai got its second robot-themed restaurant, where robots not only serve as waiters but also interact with customers in English and Tamil. In Ahmedabad, in December 2018, a cardiologist performed the world’s first-in-human telerobotic coronary intervention on a patient nearly 32 km away. [2] 

III. IS ARTIFICIAL INTELLIGENCE SUCCOUR TO LAWYER?

Obviously, we cannot deny the fact that AI works more plausibly for the clients as it can solve the matter in a very short span of time. Currently, the legal system relies upon the researchers to provide the information which takes a lot of time to reach a conclusion. But AI being totally different from it provides the information very quickly. Already many law firms have adopted the use of AI, as it reduces their burden. In law firms AI can be used for taking interview of the clients, it can judge the people on the criteria or the motive fixed by that particular firm. We all know that Indian law is codified but have many ifs and buts in it; in general, one has to refer to the history if he wants to mould and get the law to benefit him. This is very tough and needs a lot of time but AI does this very effectively and efficiently. A study was from LawGeex, which was founded in 2014. They compared the performance of 20 experienced United Nations lawyers to their AI systems and published a 40-page report. Obtained results: In the daily legal risk assessment task, the highest performance among human lawyers was 94%, the lowest performance was 64%, and the average performance was 85%, while the average of AI was 94% success.

In addition, the average time required for ‘human lawyers’ for this process is 92 minutes, while the time needed by AI is 26 seconds. AI can continue this process for a long time without rest![3] Also, AI doesn’t come with the stipulation which human workers have, like holidays, rest, refreshments, promotions, salary, so it becomes very efficient for the owners to have it as the firm member. In fact, drafting a contract through the help of AI would be very beneficial as, it would be able to examine the entire dos and don’ts that may skip from the mind of a person at an instance. It would also reduce the work and energy wasted in doing the research before making a contract.

So surely we cannot deny the fact that AI acts as succour to the lawyers but this also creates a prop for the insecurity of losing their job.

IV. IS ARTIFICIAL INTELLIGENCE A PREDICAMENT TO LAWYER?

For instance, we can say that AI is a predicament to lawyers, as it works in a more potent and coherent manner. But saying that it could replace lawyers in future would be imprecise. As we all know Indian laws just don’t need the exact interpretation but also involves the inducement behind the making of law, and all these cannot we overcome by AI, because it can provide the interpretation and the basis for law but how to apply that for different purposes and cases would be difficult to analyze. Still, the job of lawyers is at risk because a firm can use AI for the research purpose so it does not need to appoint more and more lawyers for research purpose. But saying that AI could replace lawyers is not correct because it would just be used as the helping hands for the lawyers and law firms. It would surely increase the competition for the lawyers as they need to be very much effective and efficient so that legal system chooses them over AI. But in this fast and furious moving world one needs to be updated and over talented to acquire any job and that also when it comes to law firm one need to be extraordinary in his presence of mind and application of the law. AI would just reduce the clerical work of the lawyers.

V. BASIC REASON WHY AI COULD NOT BE USED IN LEGAL SYSTEM:

As we all know Indian legal system works in the form of chain-like other systems in the Indian society does and making any change that would affect the chain of working of the legal system would be a very drastic change and developing country like India is surely not ready for this type of change. Maybe in future, we can have such a change in our society but in the present scenario, it is totally impossible to have any such big change. Lawyers and others related to the legal system have different works and all these are interrelated to one another. Law is a combination of knowledge but introducing AI to it will make it a property. The society keeps changing but AI would be based on the information or the judgments that were given in past. We have a word called landmark judgments which means a totally different judgment which was never given in past, how could we expect AI to give that. Therefore it’s very clear that AI could not be used for this purpose.

AI would also lead to the disruption of the trust factor between the clients and lawyers. India compromises of so many people and all have different perspective and nature. All of them cannot be treated alike. For instance, we can expect from a high profile or highly educated people to trust AI for the instance but how could we expect people from the backward environment to trust these robotic machines. A personal relation of trust is being built between the lawyer and its client but by introducing AI people cannot build that relation among them. Clients entrust their lives in the hand of lawyers but will be people able to entrust their lives in the hand of robotic machines. There is a lot of difference between personal human conversation and robotic conversation.

The work of lawyers also involves a lot of automatic filtering out of irrelevant noise and focusing in on the signal. For computers, it is generally highly challenging to perform these tasks. To completely replicate a human lawyer would mean to re-engineer a process that could produce creative, imaginative and innovative ideas and results whilst drawing on a comprehensive set of legal information and an “experience database” comparable to an experienced lawyer. As lawyers know, it can be an extremely complex task to render legal advice. Thus, it will be an extremely difficult task to replicate this with computers using AI. Current tools are far away from achieving this.[4]

VI. CONCLUSION:

AI being one of the very effective and efficient innovations in this thriving world. It reduces a lot of burden of people, as it works as the helping hand of humans. All those works which required a lot of time and energy would be reduced through it. Firms and offices can focus on profit instead of focusing on revenue generation. But from analyzing all other factors we can be very clear that AI cannot replace humans or lawyers in the legal system. It could though increase the competition for the lawyers or other humans but they cannot take their place.

As the very major drawback is reasoning which a human would use based upon its past experiences and human nature but AI could not use this in making any decision. AI can only argue on the basis of facts of law but cannot argue on the facts of the case as it is deprived of using human logics or strategy behind doing the event or act. AI lacks personal experience strategy which every human being has and uses as its base for decision making.

But this does not mean that lawyers should totally spurn the use of AI because it would be very helpful for the lawyers to use it as their helping hands. With the help of AI, lawyers can solve their cases in very less time and thus would be able to give time saved to other cases also.

Searching something and then using it according to present case takes a lot of time but if lawyers would be provided with all relevant information then moulding it according to their would be much easier and time saving for them. It helps the lawyers to be updated with the different technologies which help them to keep pace with the world. Always a client expects that their lawyer should be extraordinary or advanced in all means as they are entrusting their lives and also paying them for this, and AI helps them to attain all this in just a simple way. AI basically acts as a bridge between the lawyers their clients and technologies.

So it can be very clear from the article that AI and the legal system goes hand in hand and one cannot replace the other. The role of lawyers and legal system both have changed, and of course, its 21st century; a world full of technologies and innovation in this situation our legal system also needs to be improved and updated and AI fills this gap. The legal system cannot afford to ignore the latest technology as the clients are also updated with the technologies and different advantages and disadvantages.

[1] https://www.thehindu.com/opinion/op-ed/artificial-intelligence-the-law-and-the-future/article27766446.ece.

[2] ibid.

[3] https://interestingengineering.com/ai-vs-lawyers-the-future-of-artificial-intelligence-and-law.

[4] https://legal-tech-blog.de/ai-in-law-definition-current-limitations-and-future-potential.

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