A Research Paper Report on

‘Artificial Intelligence in Legal system’

Miss Bhakti Joshi

Email address- bhakti.joshi1998@gmail.com

Acknowledgement

I would like to extend my sincere and heartfelt obligation towards all personages who
have helped me in this endeavour. I also acknowledge with a deep sense of reverence,
my gratitude towards my parents and member of my family, who have always
supported me morally as well as economically.
Abstract

Will AI go to Courts?

The legal system in India is still developing and so there is a lot of pendency in number
of cases which leads to difficulty for lawyers, clients and the entire legal system. In
order to reduce the congestion and backlog of pending cases there needs an automated
system which can give exceptional results into the legal domain. Along with the
pendency of cases the cost of legal services is also so high that most people find their
legal rights severely compromised. There is huge inconsistency in the Indian legal
system which has led to lack of public confidence. In order to retain public confidence,
there must be use of technology so that our system can run smoothly. Artificial
Intelligence (AI) can play a major role in changing the way our legal system functions
and will help in improving the output. Artificial Intelligence is likely to transform the
way we live and work. There are many advantages of AI and one of the major
advantages of adopting AI is that it will help to reduce litigation costs. Developed
countries like USA and Canada has already established the use AI in their legal system
which has given access to justice by taking call on matters like granting of bail and
release of offenders on parole. India being the 2nd largest populated country in the world
with a population of approximately 135 crores, faces the problem of shortage of
resources in every sector and Indian judiciary is no different. India being a populated
country, has massive data relating to cases and because of lack of resources analyzing
them accurately becomes a task. AI has proved its importance in other sectors such as
healthcare, hospitality, finance, education etc. it will definitely be a boon to the legal
system by delivering speedy and viable justice. The idea of AI is not to dispel the human
brain but to provide a facilitative tool to judges.

Keywords: Artificial Intelligence, AI, Justice

Introduction

The term Artificial Intelligence was first coined by John McCarthy in 1956 when he
held the first academic conference on subject1

Artificial Intelligence (AI) refers to the action of pretending a human intelligence and
exhibits traits like human mind such as thinking, problem solving, perception and
reasoning. The ultimate feature of AI is to rationalize and take actions that have the best
chance of achieving goals and to carry on task that are more complex and human-like.
To explain the meaning of AI following definitions can be considered:

• Artificial Intelligence is an entity (or collective set of cooperative entities), able

to receive inputs from the environment, interpret and learn from such inputs,
and exhibit related and flexible behaviors and actions that help the entity
achieve a particular goal or objective over a period of time.2
• A branch of computer science dealing with the simulation of intelligent
behavior in computers. 3
• The capability of a machine to imitate intelligent human behavior.3

Ways in which the legal sector is using AI4

1. Practice Management Automation

Many of the tools built into billing and wider practice management software are
a form of AI. For example, time-recording programs can log the hours spent by
a lawyer in terms of work done in respect of each client, and automatically
generate invoices at the end of each month or relevant time period.
2. Predictive Coding
This is possibly one of the most advanced forms of AI currently used by the
legal sector. It refers to technology-assisted review used to speed up the e-
disclosure process. Predictive coding software is basically a search algorithm
which learns how to rank the relevance of documents, based upon an initial
training center where a lawyer tweaks the algorithm. It is then let loose on
thousands of documents to determine which ones are most relevant for purposes
of disclosure.
3. Document Assembly
Many bespoke contracts can be created by simply answering a few questions
and filling out the relevant fields. AI software (e.g. Uhura AI) can also be used
to read existing contracts and check missing clauses.
4. Legal Research
The big online legal information resources such as LexisNexis and Practical
Law are constantly improving their search algorithms to help lawyers find the
most relevant material pertaining to their case. Some AI tools go a step further
and help lawyers to form a case strategy based on previous outcomes in similar
cases (e.g., Lex Machina).
5. DIY law & chatbots
Services such as Rocket Lawyer apply elements of document assembly to help
individuals and businesses from their own legal documents, without having to
go to a lawyer.
Pendency of cases5
As per the official data of 2019, over 3 crore cases are pending, of which over
70% or 2.17 crore cases pending at district level are criminal cases and
remaining 86.8 lakh or over 28% cases are pending before the civil courts.
➢ More than 3 crore cases pending at district court level
➢ 86.8 lakh civil cases, 2.17 crore criminal cases pending
➢ More than 80 lakh cases pending for more than a year
➢ More than 45 lakh cases pending for more than 5 years
➢ Nearly 25 lakh cases pending for more than a decade
To overcome the problem of pendency of cases and to control the
problem of decongestion in the courts, the judiciary has taken steps like
holding Lok Adalat’s (or People’s Court) to bring down the number of
litigants pending before all courts, Alternate Dispute Resolution (ADR),
Mediation & Conciliation. To add efficiency for managing court’s
workflow Court Management System has been introduced in our system
so that workload pressure in all court departments is reduced. If these
numbers continue to increase, there will come a point where the judicial
set up will collapse. AI has worked out extremely well in other fields so
it is even expected that it will work in the legal system as well by
assisting judges. Lawyers and law firms have started using AI and it has
helped them to save time and cost.
Will Artificial Intelligence replace lawyers?
There are two categories of lawyers based on their work a. Litigating
Lawyers
b. Transactions/corporate lawyers.
A litigating lawyer represents plaintiffs and defendants in the Court of
Law. Litigation is a dynamic field where a lawyer is required to argue
or visit courts or tribunals. A litigation lawyer is an expert in protecting
client’s rights through the courts. AI can provide tools to the lawyers
through which he can fetch cases pertaining to a point of law but the
lawyer himself has to analyze the facts of the case and analyze it.
Litigation lawyers also drafts Plaints, Written statements which is
dependent on facts pertaining to particular case. Automation in case of
litigation lawyers would be impossible as it requires application of
human mind rather than use of technology.
The next category of lawyers are transactions lawyers guide individuals
and organizations on the legal issues. They are not required to argue
matters in courts or to visit courts. Work done by such lawyers involve
litigation support, document review, due diligence, case management.
There lawyers are more prone to automation. Tasks such as contract
review can be done using AI with more accuracy and quickly as
compared to human lawyer. Artificial Intelligence will complement the
work of lawyers, monotonous and repetitive tasks will be covered by
automation so that lawyers can focus on solving complex problems. For
example, traffic violation cases these cases usually are straight forward
cases and they take much time of our courts. AI could easily solve such
cases. Though AI cannot be a substitute for lawyer’s creative thinking,
strong communication skills, time management, good judgement,
empathy and compassion.
Laws keep on changing and they are not error-free. A machine cannot
really interpret laws as legal experts can do. If lawyers don’t exist then
who will feed the laws to machines for its execution?
A human mind creates fraud which are carefully designed, it is the result
of creative ideas of a human mind. Artificial Intelligence basically
 works on the past data fed to the machines. A machine will not able to
identify such frauds like a lawyer does. Only a human mind is capable
of perceiving various scenarios.

Conclusion:

Discussing the use of Artificial Intelligence in in the court of law to assist

lawyers and judges it can be concluded that AI can do quality work with
consistency and with low cost. Artificial Intelligence alone cannot do
everything it required human ability especially in the field where judgement
is required. Legal issues which don’t require deep analysis can be through AI
and lawyers will be able to focus more on conceptual tasks and will help
them to save time. AI will help to better efficiency in disposing cases which
will reduce the pendency of cases and justice to the masses can be achieved.
India may face many challenges regarding the use of AI in courts. The
solution to make courts more efficient should not lead to injustice.

References:
1. https://www.google.com/search?q=who+introduced+artificial+intelligence
&ie=&oe=
2. https://emerj.com/ai-glossary-terms/what-is-artificial-intelligence-an-
informed-definition/
3. https://www.merriam-webster.com/dictionary/artificial%20intelligence
4. https://www.lawsociety.org.uk/news/stories/six-ways-the-legal-sector-is-
using-ai/
5. https://www.financialexpress.com/india-news/delayed-justice-pendency-
of-court-cases-how-indian-courts-are-clogged-with-pending-
cases/1578031/