Insights

On 27th March 2023, while deciding on granting bail to an accused in the Jaswinder Singh Vs State of Punjab, Judges of the High Court of Punjab and Haryana (Chandigarh) used the Artificial Intelligence (AI) platform ChatGPT to get information on jurisprudence of bail in an assault case when cruelty element was present. This information was used to understand better the case on hand with regard to precedents on assault and cruelty.

The use of AI and Natural Language Processing (NLP) in transcribing legal proceedings (putting speech and data into written form) commenced in the Supreme Court of India in February 2023 in Maharashtra while hearing the case of split of a major political party. 

Besides, the Supreme Court adopted SUVAS (Supreme Court Vidhik Anuvaad Software) an AI based translation tool which translates legal papers from English to vernacular languages and vice versa.

These instances are an indication of the increasing use of AI in legal proceedings. The Indian Judiciary has been pro-active in adapting to the modern times with use of advanced technology in streamlining legal processes.

AI is permeating every industry – healthcare, manufacturing, financial services, life sciences, retail, entertainment and telecommunications. The legal sector in India has taken baby steps in leveraging AI. 

It is important to understand how to effectively integrate AI in the legal sector besides knowing its limitations, threats, risks and liability.

Uses of AI in Law

1. Research: AI software contains algorithms that can peruse vast volumes of data – statutes, case laws, citations, regulations, amendments etc. the AI tools help identify relevant information to students, lawyers, law firms, Court officials, Judges enabling them have information to arrive at a decision or judgment. This saves lot of time particularly for the Indian Judiciary, which is overburdened with back log of cases, such AI tools can prove to be useful. Even for students, lawyers and law firms, it streamlines work as it reduces the man hours that go into research and enables legal professionals and Courts to focus on crucial strategic work.
2. Due diligence: AI and machine learning technologies enable legal professionals to sort out and categorize large volumes of legal documents. Thus, an effective due diligence of documents can be undertaken. The risk of human error is minimized.
3. Dissemination of legal information: AI powered chatbots and virtual assistants are tools which provide legal information – from laws and amendments to latest case laws. Legal information is easily accessible.
4. Court management/ office management: There are AI tools that automate routine administrative functions such as tracking dates for hearing, reminders, setting up meetings and managing legal documents filing and preservation. This enables better management of time in Courts and law firms.

Disadvantages of AI in law

1. Data bias: Legal information can suffer from data bias. When inaccurate or incomplete information is picked up by the AI tools / algorithms, it leads to a data bias as information cannot be considered accurate or fool proof information. Reuters online reported on 26th June 2023 a news where sanctions were imposed on two New York lawyers for quoting several fictitious citations of cases generated through ChaptGPT in their legal briefs. While they stated they acted in good faith relying on ChatGPT, the Court concluded it as having made false statements.
2. Ethics & Accountability: AI tools are not trained lawyers. There is no Code of Ethics or Code of Conduct governing them. In the event of incorrect information based on which cases are argued or decided, there is no accountability for technology induced error. The ultimate liability will rest on the lawyer or law firm as is evident in the case above.
3. Data privacy: When technology is used to leverage volumes of information, there is a very high chance of data piracy, data being poached. In particular, personal data can be misused. This amounts to a violation of the right to privacy which is a fundamental right. So, not only should privacy laws be foolproof, but technology to prevent data loss must be very strong.
4. Cost concern: Investing in foolproof technology can be expensive, which may not be afforded by smaller law firms or legal practitioners.
5. Lack of AI Laws: The European Union (EU) is the first in the world to enact a law governing AI usage. In India, there is no express law governing the use of AI. The lack of legislation is a major boost for information to be misused through AI.

The future

In 2023, in the U.S, an AI enabled robot assisted a defendant in a speeding case on what to tell in court to defend himself. But it stopped with that. AI has had chatbots and virtual assistants to help with the information relating to a case. But it cannot become a lawyer and actually argue a case in court. Even AI tools and Machine learning / deep machine learning tools function based on inputs given by humans, or their data has to be interpreted by humans. Therefore, it is impossible to eradicate human presence from law. AI tools can at best aid and assist professionals and courts by providing information in arriving at conclusions. AI has to work in tandem with legal professionals. While AI can ensure efficiency and effectiveness, lawyers bring in experience and expertise.