The 21st century is the era which will mark the beginning of Artificial Intelligence becoming an everyday part of human life. AI and machine learning based technology is already being utilised across multiple sectors such as education, agriculture, arms etc.1 Likewise, the legal field is not immune to the introduction of AI. It is therefore important to ascertain what role AI should play going forward.
AI when used as a tool can be beneficial for the legal community. For the purpose of research, AI enables lawyers and other members of the legal fraternity to precisely locate relevant information such as cases, laws, orders etc. It also becomes easier to find the precedents thereby allowing for efficient strategising and decision making. Such ease in legal research saves valuable time and cost for lawyers as well as judges. Examples of such mechanisms are Lex Machina and Westlaw Edge. However, dependency on such technology can curtail the legal system rather than amplify it and therefore the same deserves to be used with extreme caution. The same is illustrated below.
Flaws in the TechnologyArtificial Intelligence vis a vis facial recognition is most commonly used to verify a person’s identity amongst other uses. Therefore, it can also be used for tracking of persons on a large enough grid. The issue here in is that often times the AI does make mistakes and misidentifies a person with someone else. This can result in the arrests of persons who are likely not even remotely connected to the crime they have been arrested for. There have been multiple instances of the same in the United States. An example of the same is Mr Njeer Parks, an African American who was arrested for a crime that was committed 30 miles away from where he was at the time of commission of the crime. He was jailed for a period of ten days and had to spend approximately $5000 for his legal defence before being released. Another issue with this technology is that the persons who were falsely arrested were disproportionately black, therefore raising concerns of the AI being racist.3
Naturally the AI is not inherently racist which means that the information it has learned from has been racially biased. This has been an issue in terms of recruitment at even high profile companies such as Amazon.4 Now in a country such as India given that cases can span for decades5 and given class disparity such a situation can lead to an increased amount of crowding in the already overcrowded Indian jails6. The most disturbing fact about AI is the black box phenomenon which means that even the creators of a particular AI will not be able to ascertain as to why the AI made a particular decision.7
ExpensesAI is not a cheap venture in fact it is quite expensive meaning that smaller law firms which cater to lower socio economic classes may simply be priced out. Another issue with the purchasing of such technology is the subsequent maintenance cost attached to it overtime. It will become difficult for smaller firms to compete as larger firms will be able to provide the requisite services at comparatively lesser cost.
Small firms in any sector are important as they are a driver of entrepreneurship , employment, and innovation. Furthermore, in smaller firms there is an avoidance of red tapism which can often hinder the service being provided therefore they are more flexible than larger firms.8
Risk of Cyber threatsLaw firms of all sizes are engaged in critical work such as mergers and acquisitions, white collar crime, property disputes etc. The nature of the information surrounding such fields is sensitive and confidential given the capital involved. Hence law firms have become a target for hackers. According to a global report at least 15% of firms are at risk to hackers furthermore in the United States 29% of law firms have reported a security breach. On average payouts for “ransomware” are in excess of $1 million.9
Naturally such risks are equally if not more likely in India because according to cyber dog agencies based in France and the United Kingdom, mercenary hackers that are hired by litigants who target Western law firms are often Indian therefore it is very much within the realm of possibility that Indian firms are also cyber attacked in a similar manner.10
The Human ElementNow despite the evolution of AI as we speak, there is one element of the legal profession which it cannot entirely replace which is unique only to humans which is the human touch which can also be interpreted as the human instinct/intuition. To elaborate the client will always be a human therefore in order for the lawyer-client relationship to develop the lawyer must also be human. This is because while AI can be equipped with legal knowledge it will not be able to connect with the client requirment and the AI can only give results based on fixed formulas, but in legal field there are no set formulas for obtaining the desired results. It is further pertinent to mention herewith that every case is different from other case and have different set of facts and the reliefs which the parties want from litigation is different. A lawyer can understand his client needs and mould the matter as per the client’s requiement and with help of personalized skill can make his endavour to obtain desired results. Thus it is very difficult to rely upon artifical inteligence completely, as every matter is different from other matter.
ConclusionTo quote Chief Justice DY Chandrachud “We do not think we want to cede our discretion, which we exercise on sound judicial lines in terms of sentencing policy. At the same time, AI is replete with possibilities, and it is possible for the Supreme Court to have record of 10,000 or 15,000 pages? How do you expect a judge to digest documents of 15,000 pages, which comes with a statutory appeal?”.11 The reality is that Artificial Intelligence is going to be a part of the human experience in the coming years. Therefore, it is important for the legal community to utilise AI as a tool to enhance their body of work. Our legal system reflects society therefore if there are significant changes taking place in society it is only natural that the legal system incorporates said changes into its mechanisms. That being said it is pertinent as situation does not arise wherein legal decisions are made via AI. It irresponsible of humans to pass the responsibility and weight that the law holds to AI even though that may be the comfortable decision to make because at the end of the day AI is an imitation of human likeness but not human itself. Furthermore the lives of humans should not be decided on the basis of an algorithm hence in essence AI should be used as merely as a tool and not a replacement.
—————————–1. “How Is AI Applied in Everyday Life?” Caltech Science Exchange, scienceexchange.caltech.edu/topics/artificial-intelligence-research/artificial-intelligence-everyday-life-uses#:~:text=Already%2C%20AI%2D%20and%20machine%20learning,%2C%20customer%20service%2C%20and%20manufacturing.
2. “How AI Will Revolutionize the Practice of Law | Brookings.” Brookings, 27 June 2023, www.brookings.edu/articles/how-ai-will-revolutionize-the-practice-of-law.
3. Hill, Kashmir. “Flawed Facial Recognition Leads to Arrest and Jail for New Jersey Man.” The New York Times, 6 Jan. 2021, www.nytimes.com/2020/12/29/technology/facial-recognition-misidentify-jail.html.
4. “New Study Finds AI-enabled anti-Black Bias in Recruiting – Thomson Reuters Institute.” Thomson Reuters Institute, 2 Aug. 2021, www.thomsonreuters.com/en-us/posts/legal/ai-enabled-anti-black-bias.
5. Thakur, Atul. “1 Lakh Cases Pending in Lower Courts for More Than 30 Years.” The Times of India, 22 Sept. 2022, timesofindia.indiatimes.com/india/1-lakh-cases-pending-in-lower-courts-for-more-than-30-years/articleshow/94384214.cms.
6. Singha, Anand. “Behind Bars: A Closer Look Inside India’s Overcrowded Prisons.” cnbctv18.com, 7 Apr. 2023, www.cnbctv18.com/photos/india/behind-bars-a-closer-look-inside-indias-overcrowded-prisons-16357821.htm.
7. “AI’s Mysterious ‘Black Box’ Problem, Explained.” University of Michigan-Dearborn, umdearborn.edu/news/ais-mysterious-black-box-problem-explained.
11. Mukhopadhyay, Sounak. “Artificial Intelligence in Judiciary: CJI DY Chandrachud Speaks on Possibilities of AI, Role of Judges in Such Cases | Mint.” Mint, 6 May 2023, 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.
