Artificial Intelligence in The Legal Pro
Artificial Intelligence in The Legal Pro
current methods of professional regulation are unsatisfactory and          cognitive domains, allowing for a deeper analysis of morality and
ineffectual. The study made clear how crucial it is to undertake the       values that will improve the practice of law [9]. The analysis of
challenging but necessary work of creating more efficient regula-          the above research reveal that AI has completely changed the legal
tory frameworks that safeguard customers and the principles of             profession, from research and analysis to document review and
our legal system by utilizing both technical and legal knowledge           client interactions. Examples of this include machine learning and
[2]. In important study that evaluated often offered ideas that au-        natural language processing and overview has been shown table 1.
tomation will soon replace most of the job currently performed by          The application of AI in legal process has been shown in table 2.
lawyers has mapped out the future of AI-integrated legal systems.             In summary, AI can enhance the efficiency and effectiveness of
By doing this, they address three shortcomings in the literature that      the legal system, which in turn can help prevent the delays that
already exists: (i) a lack of knowledge about new and developing           often lead to the denial of justice. By automating routine tasks,
legal technologies; (ii) a lack of information about how attorneys         providing valuable insights, and facilitating alternative dispute
allocate their time between tasks; and (iii) a lack of consideration       resolution, AI contributes to ensuring that justice is not delayed
for whether computerized approaches to a task are in line with the         and thereby upholds the principle of ”justice delayed is justice
goals, values, and challenges of the legal profession. By combining        denied.” But there are certain cases which require human touch of
a distinct collection of data on time allocation in large legal firms      lawyers indispensably.
with in-depth technical analysis, they calculated that automation             Mukesh v. State (NCT of Delhi) 6 SCC 1 (2017) Supreme Court
has a quantifiable effect on the demand for lawyers’ time, although        Cases (Cri) 673: 2017 SCC Online SC 533. Popularly known as
a smaller one [3]. The focus of research was made by Pagallo, Ugo          Nirbhaya Case. A young woman was brutishly gang-raped and
in 2013. was on the class of robots for personal or context [4]. The       died in Delhi in December 2012, a crime that shocked the nation.
research highlighted that the Robots in smart homes with internet          Even though the offenders were eventually found guilty and given
connections cause privacy issues. Data collection can go ”out of           sentences, there were problems with the protracted, multi-year
control” as they grow more independent. The expectation of pri-            justice delivery process. During these 7 years, Nirbhaya’s lawyer
vacy is affected by human-robot contact. There are legal parallels         Seema Kushwaha strongly and empathetically supported Asha Devi,
between accountability for children, animals, and employees, but           Nirbhaya’s mother to stand firm [10]. AI lawyers would not be able
cloud-based robot management presents unique challenges. The               to render this emotional support. Karen J. Mathis, President of the
emphasis should be on how people interact and treat these robots,          American Bar Association stated, “Caring is as much a part of the
as this will affect how information is disclosed in various situations.    legal profession as intelligence” [11].
Dervanović, Dena in their study made in 2018 deliberated on AI                For many years, legal experts and philosophers believed that
lawyers, dismantling barriers to the law and ensuring that everyone        emotion has been eliminated from the law and its foundational
receives justice. According to the researchers, AI will do the heavy       ideas of justice, allowing reason and logic to take precedence. They
job, freeing up human lawyers to concentrate on strategy and inno-         now admit that emotions eventually seep in and affect juries’ and
vation. Efficiency and a humane judicial system are promised when          judges’ choices, as well as occasionally the fundamental essence
humans and AI work together. Although there are ethical issues to          of the law. There is a need for empathy—for defendants, plaintiffs,
be resolved, there is no denying the possibility of accessible justice.    people, and groups [12].
The study underlined the fact that Artificial intelligence is a positive      Suchita Srivastava v. Chandigarh Administration 14 SCR 989,
force that will level the playing field and provide a just legal future    (2009) 9 SCC 1: In Suchita Srivastava v. Chandigarh Administration,
[5]. Ross is the first AI lawyer in worldwide [6]. Long back in 1970       the Supreme Court reversed a decision to forcefully end a woman
Buchanan et al. in their study related to speculation about AI and         with an intellectual disability’s pregnancy. The Court differentiated
Legal reasoning explored how the incorporation of computer sys-            between ”mental retardation” and ”mental illness” when interpret-
tems and artificial intelligence (AI) may change the practice of law       ing the Medical Termination of Pregnancy (MTP) Act, highlighting
and the function of attorneys. This could have several important           her autonomy under Article 21 of the Indian Constitution. It was
effects like Enhanced Access: AI could automate repetitive legal           considered arbitrary to reduce the need for consent for women who
work, increasing access to high-quality legal services for a wider         are mentally retarded. The Court emphasized that the state must
range of people. Lawyers may modify their duties as they get a             respect women with mental impairments’ choices for reproductive
better knowledge of the arguments they defend. However, there              health by the Convention on the Rights of Persons with Disabilities.
are worries that excessive reliance on AI could result in a drop in        Though Suchita Srivastava’s case was sensitive since the victim had
service quality. Convenient AI technologies may make it possible           been impregnated by a heinous act of rape, in situations like these,
for people to handle legal problems on their own [7]. After the com-       the victim’s parents, guardians, or court have to act in their best
pletion of five decades, the speculations have gradually precipitated      interests because the victim is unable to make decisions for herself.
the as the need for assessing ethical risks. As AI software is used        AI Lawyers would not be able to possess this human touch.
and adopted in everyday legal practice, more thorough guidelines              Indeed, attorneys have had a significant impact on the develop-
are required for determining the extent and kind of ethical risks          ment of Indian law history. Kesavananda Bharati v. State of Kerala
[8]. Even while welcoming transformative potential changes in the          (1973) 4 SCC 225 is a seminal case in which distinguished legal
legal system with the AI integration, we must not compromise with          scholars, including Nani Palkhivala, argued in favor of the basic
the ethical aspects, especially the human touch. This is substanti-        structure concept, which restricts the ability of the Parliament to
ated by researchers in one significant study made in 2017 asserted         change the Indian Constitution. A noteworthy case is of Maneka
that empathy can be a useful tool for integrating the emotive and          Gandhi v. Union of India (1978), in which attorney H.M. Seervai
Artificial Intelligence in the Legal Profession: A review on its Transformative Potential and Ethical Challenges        ICIMMI 2023, November 23–25, 2023, Jaipur, India
 Remus, Dana; Levy, Frank S. (2015).                         Regulatory Difficulties                               Research from 2015 and 2019 underscores
                                                                                                                   the difficulties in regulating AI in the legal
 Xu, Ni; Wang, Kung-Jeng (2019)                                                                                    field and the necessity of efficient
                                                                                                                   regulatory frameworks that strike a
                                                                                                                   compromise between legal and technical
                                                                                                                   know-how.
 Nunez, Catherine (2017)                                     Effect on Legal Practitioners                         Although technology is transforming the
 Dervanović, Dena(2018)                                                                                            practice of law, the rate at which lawyers
                                                                                                                   are being replaced is slow. Although
                                                                                                                   quantifiable, the effect of automation on
                                                                                                                   attorneys’ time is not as great as popular
                                                                                                                   belief.
                                                             Privacy Concerns                                      Research conducted in 2013 and 2018
 Pagallo, Ugo (2013)                                                                                               highlights the significance of human-robot
                                                                                                                   interaction and how it affects expectations
 S. A. Wright (2018)                                                                                               of privacy when discussing privacy issues
                                                                                                                   relating to artificial intelligence,
                                                                                                                   particularly in smart homes.
 Dervanović, Dena.(2018)                                     AI Lawyers                                            According to research conducted in 2018,
                                                                                                                   AI will handle complex legal chores, freeing
                                                                                                                   up human attorneys to focus on strategy
                                                                                                                   and creativity. While ethical issues are
                                                                                                                   taken into account, the possibility of
                                                                                                                   accessible justice is highlighted.
 Buchanan, Bruce G.; Headrick, Thomas E.                     Historical Perspective                                Speculations about AI in legal reasoning
 (1970).                                                                                                           date back to 1970, anticipating enhanced
                                                                                                                   access to legal services and concerns about
                                                                                                                   a potential drop in service quality.
 WESTABY, Chalen and JONES, Emma                             Ethical Concern                                       However, ethical risks associated with AI
 (2017).                                                                                                           integration in legal practice need thorough
                                                                                                                   evaluation. Balancing Ethical Aspects:
 S. A. Wright (2020)                                                                                               Despite the transformative potential of AI
                                                                                                                   integration in law, maintaining ethical
                                                                                                                   considerations, regulatory frameworks, and
                                                                                                                   the human touch in legal practice is crucial
                                                                                                                   for a just and fair legal future. In summary,
                                                                                                                   AI in law brings both promise and
                                                                                                                   challenges, requiring careful navigation to
                                                                                                                   harness its capabilities while preserving the
                                                                                                                   ethical foundations of the legal system.
ICIMMI 2023, November 23–25, 2023, Jaipur, India                                                                                          Lalit Singh et al.
 3            Managing Documents            Large amounts of data and documents can be quickly processed and         By doing this, cases move
              and Electronic                categorized by e-discovery and document review technologies              through the discovery phase
              Discovery                     driven by AI.                                                            more quickly and the
                                                                                                                     document review process takes
                                                                                                                     less time.
 4            Legal Analysis and            Artificial intelligence (AI) can help lawyers locate pertinent statutes, Lawyers can construct stronger
              Research                      case law, and legal precedents more swiftly.                             arguments more quickly with
                                                                                                                     the help of faster legal research,
                                                                                                                     which could result in faster
                                                                                                                     case decisions.
 5            Early Evaluation of           AI can shed light on the advantages and disadvantages of certain         This may result in early case
              the Case                      legal theories, empowering parties to decide whether to settle or        resolutions and a decrease in
                                            press their case.                                                        the backlog.
 6            Online Conflict               AI-driven platforms for alternative dispute resolution (ODR) can         Online participation by parties
              Settlement (OCS)              help settle conflicts outside of court.                                  in mediation, negotiation, or
                                                                                                                     arbitration frequently leads to
                                                                                                                     quicker and more affordable
                                                                                                                     resolutions.
 7            Court Calendaring             By guaranteeing the effective use of judicial resources and              AI systems can optimize court
              and Docket                    minimizing delays brought on by scheduling conflicts,                    schedules.
              Administration
 8            Translation and               When dealing with situations requiring several languages or              AI can help with real-time
              transcription between         accessibility requirements, this might expedite communication and        court transcript transcription
              languages                     proceedings.                                                             and document translation.
 9            Self-help tools and           Self-help resources and chatbots with AI capabilities can help           Prompt delivery of legal
              legal chatbots                people navigate the legal system, relieving pressure on already          information and support helps
                                            overworked legal aid agencies.                                           avert delays.
 10           Monitoring                    AI can track organizational legal compliance and spot possible           Legal problems can be avoided
              compliance and                problems or infractions.                                                 altogether with early notice
              identifying issues                                                                                     and intervention.
              early
 11           Effectiveness in              Administrative functions like scheduling, record keeping, and case       Buttresses the swift legal
              Administrative Work           monitoring can be automated by AI.                                       system as it frees up legal
                                                                                                                     professionals to focus on more
                                                                                                                     complex legal work, potentially
                                                                                                                     expediting cases.
Artificial Intelligence in the Legal Profession: A review on its Transformative Potential and Ethical Challenges   ICIMMI 2023, November 23–25, 2023, Jaipur, India
                           Figure 2: Comparison between AI based legal process and Conventional Legal process.
ICIMMI 2023, November 23–25, 2023, Jaipur, India                                                                                  Lalit Singh et al.
prevailed in arguing that Article 21 of the Constitution should be       process. It might also cause discriminatory decisions due to bias in
expanded to include the right to life and personal liberty.              training data. Thus there might be issue of unfairness and biasness
   Legal battles undertaken by attorneys such as Ram Jethmalani in       with AI. AI also lack emotions and empathy. Lack of emotions
the Bhopal Gas Tragedy case (1984) sought justice for the victims,       and empathy may cause concerns regarding the quality of human
demonstrating the importance of legal experts in standing up for the     interactions.
rights of those impacted. These instances demonstrate the crucial
roles Indian lawyers have played in historic cases, shaping legal
doctrine and promoting justice.
                                                                         2.3    Privacy and Data Protection:
                                                                         A large amount of data is needed for proper function of AI system.
2.1     Ethical Concerns in AI and Law                                   This can cause issue with data privacy. While dealing with cases,
                                                                         there may be personal and sensitive information which is provided
Artificial Intelligence (AI) is being used in a vast range of fields     to AI system. It is necessary to ensure that this data remains secure
including sports, education, law, technology, medical and entertain-     and hidden so that unauthorized access can be avoided. It also
ment. AI is extremely useful in Law as it can assist in various tasks    raises concern regarding user consent. User data may be given to
and streamline the process of justice. Through AI, case research         AI without the consent of user who may object to the use of AI. So
and document analysis can be done very effectively. AI can help          use of data must be transparent and open. Data ownership must be
in better case management through predictive case analysis and
                                                                         ensured so that only an authorized individual should be able to use
through the use of Machine Learning based Dispute Resolution             and control the data. It must not be made public. Data retention
Platform justice can be delivered easily and in an organized manner.     should be avoided for long duration and personal and sensitive data
AI also helps in verification and validation through E Discovery and     should be discarded as soon as it is no longer needed.
AI based Information Retrieval system which can fetch documents
faster than a human can.
   In spite of all these benefits there are some challenges associated   2.4    Intelligent Autonomous Law
with AI. Major challenges are associated with ethics. The following             Decision-Making:
ethical concerns have been raised in the study:                          Allowing AI to autonomously make decisions may raise very criti-
                                                                         cal ethical concerns. It is essential to ensure fairness in the decision
2.2     Possible Substitution of Lawyers:                                making. If the AI system is biased, then it might cause discrim-
Use of AI in justice can help to a great extent but it also causes the   inatory outcomes. This is possible if the training data is biased.
concern that legal professionals might be displaced from jobs. This      In complex and morally sensitive matters, AI may face challenges
issue is a major concern in all the fields which have adopted AI.        as it lacks the ability to comprehend nuanced context. Humans
Loss of job may cause problem with livelihood of lawyers and their       oversight may be needed for correctness. Autonomous AI may face
families. Another problem that may arise is access to justice. Those     problem with liability and accountability. How to hold AI responsi-
with limited resources may find it difficult to access AI driven legal   ble for any wrong decisions and incorrect interpretations. There
Artificial Intelligence in the Legal Profession: A review on its Transformative Potential and Ethical Challenges                 ICIMMI 2023, November 23–25, 2023, Jaipur, India
may be lack of transparency as AI algorithms are very difficult to                            to be able to take care of people with diverse backgrounds, demo-
understand for general user.                                                                  graphics and geography so that it is equitable across socioeconomic
                                                                                              groups.
2.5     Law and Expertise:
                                                                                              2.9      Justice Accessible:
Legal matters are very complicated and need expert skill and judge-
                                                                                              AI driven technology may face barrier with accessible justice. This
ment. AI may face challenge with legal matters due to its complexity.
                                                                                              may be due to digital divide as some people may face affordabil-
Cases often involve proper knowledge of context, understanding
                                                                                              ity issue with technology or the inability to use technology. AI
of interpretations and historical precedents. AI may not accurately
                                                                                              driven technology often require use of infrastructure like internet,
capture and interpret this complex information. The landscape
                                                                                              computer, connectivity, mobile devices, which may pose issue with
of historical precedents and interpretations is ever evolving and
                                                                                              individuals with limited financial resources. Some individuals may
may pose challenge for AI. Legal matters are subjective and moral
                                                                                              lack the skill to use AI driven technology as they might not be edu-
reasoning is required which may be complicated for AI to deal with.
                                                                                              cated or proficient. Some may be hesitant due to privacy concerns
Creativity and skills are required to defend cases and presenting
                                                                                              and might not prefer the use of AI as it might undermine their
compelling arguments might not be possible for AI as humans need
                                                                                              privacy. Lack of widespread awareness and regulatory framework
years of experience to become expert. The data may not be avail-
                                                                                              makes it difficult for AI to be generally accessible.
able in proper structured format as required while dealing with AI.
The data may require manual processing by humans before AI can
process it.
                                                                                              2.10       Effect on the Quality of Legal Services:
                                                                                              The quality of Legal Services based on AI might be questionable.
                                                                                              Errors in data or incorrect implementation of algorithms may cause
2.6     Effect on the Legal Field:                                                            wrong outcomes in legal advice. Thus, the AI system might be
Use of AI can be beneficial, but it should be ensured that it aligns                          inaccurate. Legal strategies play an important role in justice and it
with the ideals of law and principles of justice. Technology should                           might be missing from AI system. AI system might not be able to
be used in a way that it upholds the core moral values. It is necessary                       understand the context and nuance of a case as well, thus effecting
to understand the limitations, and implications of AI technology                              the quality of legal services.
before incorporating it in law. Measures should be taken to avoid
misinterpretations, flawed decisions, inaccurate outcomes. The                                2.11       Human Touch & Empathy:
focus should be on to provide more awareness and training on the                              When AI is used, there may be loss of personal connection between
correct use of AI. Continuous learning is necessary to make better                            legal professional and their clients. This diminishes the interper-
use of AI technology (Figure 1, Figure 2 and Figure 3).                                       sonal relationships and human touch. AI is not able to understand
                                                                                              the emotional needs and empathetic support needed during chal-
2.7     Human-Robot Relationships and                                                         lenging times. When a person is in stress a lot of emotional support
        Accountability:                                                                       is needed which is not provided by AI. Clients may not build trust on
                                                                                              AI and there is little confidence on AI. Humans provide customized
While using AI, it is necessary to ensure accountability. Utmost
                                                                                              and personalized advice based on situation, but AI can provide
care must be taken when AI is used independently in cases with
                                                                                              only standard advice. Emotional intelligence is much needed factor
significant consequences. Establishing accountability is necessary
                                                                                              which is missing from AI.
to avoid any types of errors and unintended outcomes. The AI
system must align with human values, ethics and standards. Man-                               3     CONCLUSION
aging accountability becomes a challenge if AI is allowed to work
autonomously. It cannot provide explanations to the stakeholders                              Application of AI and ML in the legal profession is inevitable since
which can lead to distrust and chaos. Some cases might require                                the technologies can sift through large and complex databases to
moral reasoning and human experience to make correct decisions.                               identify relevant laws, rules, and precedence that would aid the legal
Thus, accountability is important for proper functioning of justice                           process and make it faster. However, it is possible that AI-assisted
system.                                                                                       legal process may not have the empathy and subjective assessments
                                                                                              that are based on human contextual experiences. Only with a
                                                                                              significant data set can an empirical study be made to substantiate
2.8     Equity in AI-Powered Decision-Making:                                                 the thesis that AI-assisted legal process will be devoid of empathy
Ensuring equity in decision making is very important to ensure                                and may compromise the right to privacy of the litigants.
integrity of society. If the training data or AI system is bias, then it
can reinforce the existing inequalities. Society with diverse groups                          REFERENCES
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