A roundtable conference on the impact of AI in the legal domain was organised jointly by IIITH and NALSAR University of Law.
Like all other domains, the legal industry too has recognised the importance of artificial intelligence. The world over, there has been increasing adoption of AI to streamline legal processes and improve overall judicial efficiency. In India too, the process began in 2020 with the initiation of the ‘Committee on Artificial Intelligence’ by the Chief Justice of India S A Bobde. It was followed by the launch of the Supreme Court’s Artificial Intelligence Portal SUPACE, an acronym for Supreme Court Portal for Assistance in Courts Efficiency. With the help of the portal, the SC intends to leverage machine learning to deal with the vast amounts of data received at the time of filing cases. Various law firms, and legal tech startups have also developed AI-powered tools for a myriad of legal functions. Underscoring the importance of AI-powered legal services, the Chief Justice of India D.Y. Chandrachud has stated that technology is important for promoting efficiency, transparency, and objectivity in government. He also remarked that AI can assist judges in evaluating their work and judgments with the ultimate goal of providing greater access to justice for the general public.
The flipside to the tech benefits are the ethical and legal implications. Not only are there concerns about data privacy and security but also the use of AI tools for legal decision-making raises questions of bias, transparency and accountability. In a bid to address all aspects of the use of AI in the legal domain – from its applications to the challenges and to discuss the current stage of research and technology for enabling AI in the legal field, a collaborative round table discussion was organised by IIITH and NALSAR (National Academy of Legal Studies and Research) University of Law in April 2023. Here’s a brief roundup of what transpired.
Current Scenario
In the Indian context, one of the most popular areas where AI is being used is for legal research. AI-backed tools help to automate legal research by analysing large volumes of legal data and extracting relevant information. Few frequently used legal research tools in India include Manupatra, SCC Online, and Westlaw India. Law firms are also using AI-assisted software to automate the process of reviewing contracts. These tools can help identify potential issues in contracts and provide recommendations for revisions. In addition to this, software is also being used to automate the drafting of legal documents cutting down on time and cost involved. To identify and retrieve relevant information in large documents, e-discovery software is also used extensively automating the process and thereby increasing efficiency. Some firms are using predictive analytics to analyse data and make predictions about legal outcomes. This can help inform legal strategies and improve chances of a favourable outcome in legal disputes. Indian courts have also been contemplating using AI-powered case management systems to automate tasks such as scheduling hearings and managing case files. Some judges are already using AI-powered tools to assist them in decision-making by analysing legal data and providing insights. While the judiciary is looking at improving access to justice via the help of AI-powered chatbots and virtual assistants to provide legal information and guidance to individuals thereby reducing the burden on the court system, law firms are looking at similar bots to provide 24/7 customer support to improve customer experience and provide satisfaction.
Some of the other use cases of AI identified jointly with NALSAR include access to legal form filling in vernacular languages, digitization of data records, creation of legal ontologies and public awareness models, due diligence in corporate law and other legal process-related issues such as assistance in pro bono setting, streamlining the processes and increasing overall efficiency in terms of speed of redressal and so on.
Challenges
The use of AI in legal processes raises ethical and legal implications, including issues related to bias, privacy, and transparency. There is a need for clear guidelines and regulations to ensure that the use of AI in legal processes is ethical and transparent. For instance, consider bail bots – a term used to describe AI-powered tools that are designed to assist judges in making decisions about bail. Advocates of bail bots argue that they can reduce bias in the bail determination process and help judges make more informed decisions. However, critics have raised concerns about the potential for these tools to perpetuate bias, as well as the lack of transparency and accountability in their decision-making. While such bots are increasingly popular in the United States, in India, one of the main challenges of using bail bots is the lack of reliable and comprehensive data, which is necessary for developing accurate and unbiased models. Additionally, there are concerns about the potential impact of these tools on the role of judges and the overall fairness of the legal system.
Similarly, judges’ advisory tools such as the eCommittee Supreme Court of India’s Integrated Decision Support System (IDSS) and the Delhi High Court’s Judicial Case Analytics and Research System (JCAR) use AI and natural language processing to analyse case law and provide judges with recommendations based on previous judgments and legal precedents. The use of such advisory tools has the potential to improve the efficiency and accuracy of the judiciary, but careful consideration must be given to the ethical and legal implications. In many instances, there is resistance to the use of AI in legal practices slowing down the process of change. Besides, there is a shortage of AI experts who possess legal expertise necessary to develop and implement AI models. Plus, even if the experts were aplenty, to train and validate AI models requires large amounts of legal data that is currently lacking in India. For alternative dispute resolution (ADR) and online dispute resolution (ODR), AI has the potential to significantly improve the efficacy of the two processes through the use of virtual assistants, data analytics, predictive analytics and Natural Language Processing tools but they should be used with great care and not compromise the impartiality of the legal process.
Technology and Legal Education
The collaboration between technology and law universities has the potential to significantly enhance legal education and the legal profession. By leveraging the power of technology, law universities can provide students with access to cutting-edge tools and resources and enable them to develop the skills and knowledge needed to succeed in the rapidly evolving legal landscape. For instance, technology will not only help students but also allow professors and legal practitioners to share knowledge and expertise effectively. With streamlining of administrative tasks, teaching time as well as time spent on research can be freed up for the professors. By providing students access to cutting-edge tools and resources, law universities can help them develop the skills and knowledge needed to succeed in the legal profession and increase their employability. Similarly, technology in the form of e-learning tools can offer a flexible and accessible way for individuals to improve their legal knowledge and skills, bridging the gap between theoretical legal education and its practical application.
Current Level of Research in Legal Domain
From using machine learning to develop predictive models for analysing large amounts of legal data to using predictive analytics for predictions about future outcomes, AI plays a large role. Natural Language Processing is used to develop chatbots and virtual assistants, document analysis is used to identify important information such as key clauses and potential legal risks. Sentiment analysis is used for analysing the sentiments expressed in legal documents and social media posts, which can help lawyers and legal researchers to better understand public opinion and develop effective legal strategies and so on.
Onward and Forward
The successful use of AI in the legal domain commands collaboration between legal professionals, technology experts, and academic institutions. Legal academic institutions in conjunction with tech institutes can be instrumental in designing AI tools that cater to the unique requirements of the legal field, as well as imparting knowledge and expertise to legal practitioners to enable them to effectively leverage these tools. The conclave was of the opinion that all concerned parties need to brainstorm on how to get lawyers involved in the process of training AI models. It was also agreed that advocacy from NALSAR and IIITH is required to obtain access to legal datasets including trial proceedings and filings. Currently, the available data is limited to judgements and orders. Prof. Rao, Vice Chancellor, NALSAR, mooted finding approaches towards PMLA solutions and for GIs. He sought a solution for under-trial support as well as agri-legal aid. He also suggested that AI could play a significant role in combating cyber-crimes. Through the concerted deliberations, it is clear that AI tools which are both effective and ethical, and that can help to improve the efficiency, accuracy, and fairness of legal processes can be developed only through collaborations with legal professionals, academic institutions and legal experts.