This article is authored by Harisyaambhavi N.S., a student at Christ Academy Institute of Law, as part of her assignment for LeDroit’s Legal Research and Writing Live Certificate Course.
Keywords: Artificial Intelligence, Legal Decision-Making, Indian Legal System, Ethical Concerns, AI in Law, Legal Technology, ChatGPT
Abstract: Artificial intelligence (AI) is revolutionizing the legal industry by helping professionals improve their productivity and save resources. As a branch of computer science, AI builds machines that perform tasks requiring human intelligence, such as learning, reasoning, and problem-solving. This technology plays a significant role in the Indian legal system, where it helps professionals enhance their research and analytical skills. However, the intersection of AI and legal decision-making also raises critical ethical concerns regarding accountability, transparency, and bias. This article explores the applications, legal challenges, and ethical dimensions of AI in law, focusing on its role in India.
Artificial intelligence (AI) is a cornerstone of modern innovation that benefits both people and companies. As a branch of computer science, AI builds machines that can efficiently perform tasks that typically require human intelligence. Since its origins around 1950, AI has made life easier by handling complex actions like learning, reasoning, perception, and problem-solving. By processing regularly updated data, AI delivers prompt and accurate outcomes. While humans are naturally prone to mistakes, AI completes tasks with greater skill and a lower possibility of error, making it a revolutionary technology.
THE CONTEXT OF AI IN THE LEGAL SECTOR
Artificial Intelligence (AI) has evolved significantly over the past few decades and now plays an essential role in the legal industry. It helps professionals increase their productivity while saving valuable resources like time and money. Experts believe AI will eventually play a promising role in the Indian legal system, as professionals are already leveraging it to enhance their research and analytical efficiency. In law, two types of AI are particularly pivotal: practical work on intelligent legal information systems and theoretical work on computational models of legal reasoning.
Practical AI for Legal Information Systems
Practical AI applications in law focus on improving the efficiency, accuracy, and accessibility of legal information. These systems help with tasks such as:
- Reviewing contracts to identify key clauses and potential risks.
- Comparing documents against current regulatory requirements.
- Organizing laws and regulations automatically to keep legal research up-to-date.
- Answering frequently asked legal questions (FAQs) to provide initial guidance to users.
Ultimately, these tools help legal professionals and clients stay well-informed about potential issues and complications.
Theoretical AI for Legal Reasoning Models
In contrast, theoretical AI focuses on creating computational models of legal reasoning. These are often “expert systems” that apply logical rules to a set of facts to reach a conclusion. This process mimics how a judge applies a specific law to the facts of a case. By mapping out legal logic, these systems aim to understand and even predict how a case might be decided.
These AI systems can identify similar cases and precedents, providing legal professionals with a detailed analysis of past decisions. They also use argumentation theory to help lawyers construct and organize their arguments. This strengthens their legal position and helps them reach a viable conclusion.
Key Legal Challenges of Using AI
Despite its benefits, most countries do not authorize AI to act as a legal professional. This creates significant challenges.
The Unauthorized Practice of Law
A critical problem is that AI can provide solutions and advice that should only come from a licensed legal practitioner. For instance, in one case, the law firm Miller King sued an AI company called DoNotPay. They alleged that the AI provided legal services in areas like personal injury and family law without a license to practice. Although the judge ultimately dismissed the case, it highlighted the growing conflict between AI services and the legal profession.
Reliability and “Hallucinations”
Another major issue is the reliability of AI-generated information. In the widely publicized case of Mata v. Avianca Inc., lawyers for the plaintiff cited several cases in a legal brief that were generated by ChatGPT. It was later discovered that these citations were completely fake, invented by the AI.
The Consequences of AI Misuse
In the Mata v. Avianca case, the court held that the lawyer, Mr. Schwartz, had violated federal rules. He failed to admit he knew the AI-generated cases were likely fake and made other false statements about his use of ChatGPT. As a result, the lawyers were fined $5,000. This outcome proves that AI should be seen as a tool to complement a lawyer’s work, not as a replacement for the professional tasks that require a license.
Positive AI Adoption in the Indian Judiciary
In contrast to these challenges, the Indian judiciary offers a powerful example of how AI can be used effectively. The Supreme Court of India uses an AI-powered tool called Supreme Court Vidhik Anuvaad Software (SUVAS) to process information.
Crucially, this AI is not involved in decision-making. Its purpose is to translate legal documents from English to various regional languages and vice versa. This tool simplifies a complicated and time-consuming workload, allowing judges to understand legal documents with much greater ease. This makes it clear that when used correctly, AI can be a tremendous asset for handling complex tasks.
In the case of Jaswinder Singh v. State of Punjab, the Punjab and Haryana High Court offered another example of AI’s role in the judiciary. While rejecting a bail petition for a petitioner accused of serious assault, the judge consulted ChatGPT.
The purpose was not to decide the case’s outcome, but simply to get a wider perspective on the jurisprudence of granting bail when cruelty is involved. The court explicitly stated that this reference was for a broader understanding only and would not be considered an opinion on the merits of the case.
ETHICAL ASPECT OF AI IN THE LEGAL SECTOR
Ethical considerations are central to the legal profession, which operates on a strict code of conduct. Introducing AI into this high-stakes environment presents both powerful ethical advantages and serious challenges.
Ethical Advantages of AI in Law
- Unbiased Conclusions: One of the greatest ethical benefits of AI is its potential to deliver unbiased conclusions. Developers can design an AI to make decisions based purely on facts and legal precedent, free from human biases related to wealth, social status, or other factors. This could lead to more uniform and fair legal decision-making for all citizens.
- Improved Accuracy: AI can also enhance accuracy. By thoroughly analyzing vast amounts of case data and precedents without the risk of human misjudgment, AI systems can help legal professionals build stronger and more precise arguments.
Ethical Disadvantages of AI in Law
While AI has benefits, it also raises critical ethical flags.
- 1. The Accountability Dilemma
- A primary concern is accountability. If an AI system makes a critical error in a legal case, it’s unclear who should be held responsible.
- Gaps in Legal Frameworks Since the AI operates without direct human intervention, assigning liability for its outcomes is a complex legal and ethical problem. Existing legal frameworks are not designed to handle mistakes made by autonomous systems, leaving a significant gap in accountability.
- 2. The “Black Box” Problem
- Many advanced AI models operate as a “black box,” meaning their internal decision-making processes can be too complex for humans to understand.
- Why Transparency is Essential for Justice This lack of transparency is a major issue. Justice systems, particularly in countries like India, are built on the principle of clear and understandable reasoning. Without the ability to scrutinize how an AI reached a conclusion, it cannot be a fully trusted source for legal judgments.
- 3. The Absence of Human Understanding
- While an AI may be unbiased, it completely lacks empathy and the ability to understand human context. It cannot grasp the real-world impact of its decisions on people’s lives.
- The Unequal Impact of Judgment For example, a legal penalty has a vastly different impact on a wealthy person compared to an impoverished one. An AI cannot weigh these crucial emotional and financial factors, which is an essential part of achieving humane and fair justice.
CONCLUSION
Artificial intelligence is one of the 21st century’s most transformative technologies, and its intersection with the legal field is complex and significant. While AI offers immense potential to increase efficiency and fairness, it also presents serious ethical challenges regarding accountability, transparency, and reliability.
The goal should not be to reject this technology, but to guide its development responsibly. This requires close collaboration between legal professionals and technology experts to build a framework that maximizes AI’s benefits while minimizing its risks. By fostering transparency and establishing clear lines of accountability, we can ensure that this powerful tool serves the legal profession and society ethically and effectively. Ultimately, the successful integration of AI into law will be a continuous process of adapting technology to meet the core ethical needs of justice.
Frequently Asked Questions (FAQs)
1. Can AI replace lawyers in India?No, developers do not intend for AI to replace lawyers. Instead, it serves as a powerful tool to assist them with tasks like legal research, document analysis, and contract review. As cases like Mata v. Avianca Inc. show, human oversight and professional judgment remain essential.
2. What AI tools does the Indian Supreme Court use? The Indian Supreme Court uses an AI tool called SUVAS (Supreme Court Vidhik Anuvaad Software). Its primary function is to translate legal documents and judgments between English and various Indian regional languages, improving accessibility and efficiency.
3. Is it ethical to use AI for legal judgments? This is a major ethical debate. While AI can offer unbiased and accurate analysis, it lacks human empathy, transparency, and accountability. Most experts agree that AI can support judges by providing data and analysis, but a human must make the final decision who can consider the broader context and human impact.
