We are a land of more than 140 crore people. This means that just like the basic necessities such as food, water, and doctors are inadequate, so is the number of judges for our humongous population. As per the latest reports, there is 1 judge per 1 million people in India. The Law Commission of India suggested at least 50 judges per million of the population. This is enough to understand why there is a pendency in the resolution of cases in the country. Between 2010 and 2020, the pendency of cases across all courts grew by 2.8% annually. As we all know, “Justice delayed is justice denied.” AI being a useful helper and assistant in all other fields can be of significant help in settling legal cases as well. This blog shall explore its various uses and benefits.
There are many reasons for the pendency of cases. Human judges unlike their AI counterparts get tired. Moreover, there is a shortage of judges in the judiciary which thus leads to a delay in the resolution of cases. Moreover, complex cases require a lot of time and resources for their resolution. The list is quite long but with the adaptation of AI, the process can be speeded up.
Various benefits of AI in the resolution of legal cases
Better risk assessment
Lawyers use predictive coding to review information in real time. This allows them to identify possible risks before time, advise clients wisely about their exposure and head off legal problems before they even occur. When someone starts or even merely threatens a lawsuit, these smart solutions enable law firms to quickly identify relevant information and define the universe of data and custodians that they must protect. With this increased information, law firms can more accurately assess outcomes, minimizing costs and limiting risks.
High-quality of work
AI produces higher-quality work. Intelligent software, which doesn’t get tired, bored, or distracted, produces error-free work. Thus, no more asking to push the hearing dates further due to human errors. Specialized document software can also ensure the organization as well as maintenance of its organization, including all internal cross-references, through the life of the document. Such software ensures using the language no matter how many lawyers prepare the documentation. Through document comparison and automatic learning, software such as contract comparison tools can identify missing clauses or conditions, inconsistently used terminology or undefined terms, both within a single document and across a pool of similar documents.
AI has no bias
The Rajasthan High Court in Shyam Singh v. State of Rajasthan remarked that judicial bias in criminal cases is a violation of Article 14 of the Indian Constitution and goes against the principles of fairness and equal treatment of an accused enshrined in the Indian Constitution. This implication raises significant concerns in a country like India, which struggles with deep-rooted societal prejudices and biases. As the criminal justice system already struggles with systemic prejudices, using an AI-based system that is free of biases can prove to be helpful as these systems are usually seen to be owing to the garbage-in and garbage-out principle. Therefore, this would be violative of the fundamental rights of the Indian people.
Less frustration and stress
Document review, proofreading and legal research can be tedious, mind-numbing work. While these tasks require hard work and due diligence, no one said that attorneys had to complete them! Allowing AI assistants to do at least the first round of “heavy lifting” reduces stress and boredom, minimizing the time that lawyers and judges must spend on preliminary or low-level reviews. At the same time, knowing that their AI solution has already completed a comprehensive legal review gives them more confidence in the results of the cases.
Criticism of using AI – The Black Box phenomenon
Black Box AI situations refer to a phenomenon where the true decision-making process of an AI system is hidden from the user. Such an absence of critical information about grounds of reasoning for arriving at a legal decision, assuming AI’s inclusion in the judicial decision-making, suggests concern, not only from the end of the judge but also for all parties involved. Thus, giving appellants and respondents a fair view of the due course of law followed while disposing of cases is one of the Fundamental Rights as decided and enlarged in Maneka Gandhi v. Union of India is one of the cornerstones of Indian criminal and constitutional jurisprudence.
Moreover, the principle of fair disclosure still remains unsettled in Indian law. The Supreme Court in Shiv Kumar v. Hukam Chand emphatically remarked that the expected attitude of the Public Prosecutor is that of fairness not only to the court, but also to the accused, and it is important for the prosecution to be transparent throughout the trial process, from conviction to sentencing.
AI in law: innovate, but protect privacy
Concerns arise about data privacy and security when AI makes legal decisions. AI systems heavily depend on extensive datasets, which encompass both sensitive and personal data. Hence, implementing robust data protection mechanisms is imperative to uphold individuals’ privacy and adhere to pertinent legal and regulatory requirements. Legal professionals and AI developers must give utmost importance to safeguarding data privacy and implementing suitable security protocols to mitigate the risks of unauthorised access, data breaches, and the improper utilisation of personal information.
Thus, although the future of AI seems bright, some risks overshadow it, and this marks the beginning of the journey. As time passes and innovations keep coming, embracing this technology will become easier, and risk-free. Thus, this new era of informed decision-making has the potential to revolutionize the very nature of legal practice.
