How might the introduction of artificial intelligence tools in the legal profession

mitigates bias, increases access to justice, and promotes diversity in the society?

Set ablaze in the view of the pandemic, we see more and more people are seeking relief in the

arms of the technological advancements and artificial intelligence. Should law and

technology, two of the commonly misinterpreted concepts, join hands? As traditional as the

legal profession is, should it also succumb to the needs of the rapidly changing advancements

like every other industry? Yes, it already has.

Though in a dormant stage, technological advances and artificial intelligence have clawed

their way into our everyday legal proceedings. For example, the recent launch of the Supreme

Court Portal for Assistance in Courts Efficiency [SUPACE], an AI technology to leverage

machine learning to deal with the vast amounts of data received at the time of filing of cases,

will patently save excessive delays. Document automations such as this help arranging all

case files reducing the time of our overworked courts and help us peek behind the judiciary

veil. SUVAAS, a translation tool to translate legal documents in vernacular languages for the

betterment of the public; SCI-Interact, a software to make all its benches paperless by helping

judges access files, annexures to petitions; and the undergoing development of E courts,

online dispute resolutions, which produce automated outcomes via automated coded inputs

are further illustrations of how technological advents haven’t spared the Indian legal

profession and are proving to be major assets. By reducing time in mundane tasks and

accurately collecting data, AI not only reduces human error but also increases work

efficiency. This in turn makes a causal relation with increasing access to justice as legal

workers are now able to direct their focus to catering fair trails.

When we think about a world run by artificial intelligence, we usually associate it with

vicious robots taking over like in Terminator, but that is barely the reality. As of 2021, the
robotic world is still in a quiescent stage and the same is for the legal field, but compromise

in fairness and privacy are still a rising threat. Bias in the field of law by AI is still a

relatively unexplored venture as it mostly deals with data, algorithms. Predictive analysis is a

part and parcel of our life and as a society, humans are hesitant to question algorithms and

trust that its capabilities surpass those of human analysis given its capacity to digest past data

to provide the most desired outcome. All machine learning systems use patterns in datasets to

make predictions, but it’s hard to determine which patterns should qualify as undesirable

biases, as opposed to valid patterns which we should use. So, the question remains, that is

there potential of legal biases in AI solutions? Yes!

On one hand, AI can help reduce the impact of human biases in decision-making and on the

other, AI can make the bias problem worse. AI is designed by humans with previous data and

records and there are undeniable prospects of bias in both humans as well as past data thus

making it possible to carry the same into the algorithms. We don’t have to look out for future

prospects of AI turning against us but rather acknowledge that, with great power comes great

responsibility, and be extremely prudent of our human error amplifying bias while

developing the respective software. Further efforts on discerning data scientists and

implementing the right checks and balances need to be implemented. There is also the need to

ensure transparency regarding the algorithms that are applied to such data, and how decisions

are made by legal AI solutions. In ground-breaking precedents there have been gender

discrimination, bias on basis of sexual orientation when AI fails to recognize the LGBTQ+

community, and racial bias against African Americans in the States. With that said,

undoubtedly, human bias needs to be addressed and corrected before we pinpoint AI and

once we take care of the same, legal analytics will allow us to mitigate bias in the legal fields

by the creation and testing of solutions that apply predictive analytics, natural language
processing, and machine learning, to allow the prediction of legal case outcomes and make

quicker, better decisions.

Law is one of the least diverse professions in our country and if the legal machinery ends up

being dominated by the rich and ethnic majority, as it suggests in recent surveys, it may end

up weakening the position of those who are most in need of protection by fundamental

human and constitutional rights. Is there a yearning with the advent of technology? Well, it is

safe to say AI has become the new norm and everyday it becomes more inclusive and

diverse. AI uses data to predict patterns and provide results independent of human tendencies

as preferences and prejudices; thus, it recognizes fair talent mobility in a transparent legal

world and analyses progress of individuals creating equal opportunities for growth regardless

of one’s gender, sexual orientation, caste, societal class. If implemented with caution, it lays

founding blocks to bridge socio economic, gender gaps.

Even in twenty first century, most of us turn a blind eye when it comes to discrimination

against people with special needs and learning disabilities. In the legal field, screen reading

technology software which allow a speech synthesiser or a braille display, especially for

visually impaired users, is being increasingly used. Such initiatives not only promote

diversity but also give hope for a better, more inclusive future.

When asked how they felt about the influence of technological advancements in law, I ended

up with a unanimous answer from my parents that ‘NO!, law cannot and should not be

replaced with AI’. This reinstates the notion that, common man associates law with just fancy

suits and arguing in court like in the movies but it is much more than that. It encompasses of

hours of research of similar precedents, understanding the different nuances of the same case,

client satisfaction, a tool to incorporate diversification, and above all, it advocates justice. So,

no, AI, no matter how technologically sound and advanced, can ever replace the human
component of law. Emotional ridges and decision-making skills cannot be filled with coding.

AI will be like an invisible helping hand in the field of law which works in cooperation with,

not against, the human race.

Keeping in mind our privilege, we should not omit the fact that majority of our country

doesn’t reap the fruits of technological advancements and legal analytics yet. As India keeps

growing and adapting, we must make an active effort to make sure the benefits of the same

reach the very citizens it is meant for. Technology gives a new perspective and forces one to

hunt for innovations; and undermining it will only cater to a myopic view of the mercurial

world. But over the years, what can we expect the legal world to look like? Hoping that we

are cautious in developing and implementing software, we foresee a faster, efficient judiciary

with a greater conviction rates and diversification. However, only time can really tell how the

world moulds and adapts to the futurist developments.

Thank you,

Ayushi Singh