ABSTRACT:
Technology has played a major role in the development of the legal profession both in legal education and practice area. Over the past two decades, there has been a significant shift in the perception of lawyers before stereotyping with heaps of paperwork, which can be attributed to technological advancements.
This paper deals with the role technology has played in contributing to the advancement of the legal profession in India with emphasis on its usage, how the judiciary has accepted the technology with open arms and the progressive nature of artificial intelligence in this field. Along with the advancements made it has also its share of challenges like any other aspect of life. But the important thing to remember is how we can overcome the challenges posed in the way of development as without technology there is no bright future for the legal sector.
KEYWORDS: Legal profession, Technology, Judiciary, Artificial Intelligence, Advocates, Digitization
INTRODUCTION:
Technology is derived from the Greek word ‘techne’ which means art, craft or skill and the word ‘logos’ which means word, thought principle or speech. It comprises a set of tools which include machinery and arrangements, changes and procedures which include machines as well as processes engaged by people. Owing to technology, our day-to-day activities can be performed faster and with ease such as transactions concerning business, academic activities, healthcare and smooth functioning of the legal profession to mention a few.
A shift in the legal world can be witnessed post-globalisation. The sector has been developing and evolving at a constant rate and has become more competitive than ever before. To be at the competitive edge, improve their methodologies and provide services to the clients, the legal professionals are turning to technology for assistance. Legal technology comprises of software programs that have a great deal of efficiency and which is specifically designed to solve the needs of the legal industry and help automate a part of the workload.
Artificial Intelligence has also seemed to be developing slowly with the wide range of assistance it provides in helping with the automation of time-consuming legal tasks such as research, case management, and analytics and also its use by the Indian Judiciary in gaining an in-depth overview of the relevant cases. Technology has made legal education more accessible to all. It has made a positive impact on all from law clerks, students, practising advocates, counsels, academicians, judges and other professionals associated with the field. Its proper utilisation has to be made by the professionals to avoid facing its negative implications.
RESEARCH METHODOLOGY:
This study involves extensive theoretical research as well as a thorough examination of the topic altogether. This research paper is based on primary sources of information such as case laws and mostly secondary sources of information such as book chapters, journal articles, news articles and other publications, consulted during the analysis of this study.
REVIEW OF LITERATURE:
- “Law and Technology” by Gurdev Kaur
In this research paper, the author has discussed the role technology which includes information and communication technology (ICT) has played in shaping the legal profession be it academics or practice area. The legal sector is at present more conscious than ever of the role played by electronic devices and search tools in assisting in legal research, gathering information, and knowledge management among other areas of the sector.
- “ICT in Indian Court Challenges & Solution” by Rishi Prakash, T. Mohanty, Ramji Gupta & Vinay Jain
In this research paper, the authors have discussed how there is a humungous number of cases pending in the Indian courts and as compared to the pending cases the dearth of judges in the courtrooms. The country is in a phase when technology has revolutionised the legal industry in the management of pending cases in digitised or electronic mediums and also has given rise to the concept of e-courts.
- “Critical Study on Artificial Intelligence (AI) in Indian Legal Sectors” by RA.
Vijippriya
In this research article, the author has highlighted the digitization of the legal industry and how artificial intelligence is one of the developing areas in the Indian legal industry. He talks about both the advantages and challenges associated with it and that it could never replace lawyers completely. Nevertheless, it has the potential to help reduce a lot of time and prove to be a valuable assistance to legal practitioners.
- “Law & technology in contemporary India” by Ashraf Azmi
In this chapter, the author gives an overview of the fact that law cannot progress without incorporating economic, social, and technological aspects of the industry. He discusses the role of law in every aspect of society and the relationship between and utilization of technology and law.
- “Digital Revolution and Artificial Intelligence: Challenges to Legal Education and Legal Research” by A Lakshminath and Mukund Sarda
In this research article, the author talks about the present era of the digital divide where advancements in technology are not available to everyone. The bright prospects of electronic devices and digital applications for legal academicians, students, advocates, the judiciary and others associated with the profession and how it has to keep making progress and go a long way in assisting legal reasoning, legal research and legal consultation.
UTILIZATION OF TECHNOLOGY IN LAW:
Practicing lawyers and partners in legal firms or counsels are constantly looking for methods which can help them to replace labour-intensive tasks and save time and here the role of technology comes to play. Technology involves all kinds of devices and techniques which assist in navigating, understanding and executing the law. The role of technology in legal practice can be categorized under different categories such as legal research, efficiency in the management of cases and the software used for analysis, enhanced communication with clients, technology used in the courtrooms, virtual hearings or e-courts, digital libraries for legal professionals, legal technology platforms and applications made for mobile users are few of the wide applications available today.
- Legal Research: Technology advancements have accelerated legal research, which is one of the key components of the legal field. This is true for law students, academicians and practising lawyers who can use readily available online information, artificial intelligence (AI)-powered research platforms, automatic language processing technology among the many options available online.
- Efficiency in the management of cases: Legal professionals can now readily obtain more legal information and enter a more productive and efficient era with the aid of case management software. Lawyers may now quickly and readily access vital information with just a couple of clicks by saving legal records and obtaining pertinent information swiftly.
- Enhanced communication with clients: Technology has made way for a more convenient virtual client-lawyer interaction. Online legal consultation or legal advice, and drafting of legal documents have been made possible because of legal technology-based platforms.
- Virtual hearings: The trend of virtual hearing spurred after the COVID-19 pandemic when there was a restriction of movement for the human population. In such a situation, the virtual hearing was a blessing in disguise for legal professionals to conduct their hearings in an online mode thanks to the technology associated with it.
- Legal platforms and applications for mobile users: Online legal platforms and mobile applications provide a space for lawyers to interact with their clients and clients can avail the services of a good lawyer from anywhere in the world without having to travel long distances in search of a good lawyer, which is also budget-friendly.
ACCEPTANCE OF TECHNOLOGY BY THE INDIAN JUDICIARY:
The Indian Judiciary has accepted the technology with open arms. In the words of the present Chief Justice of India, D. Y. Chandrachud “Technology is no longer an option but a necessary tool.” and continued to state that the bench has issued several orders to High Courts across the country to start conducting virtual hearings again. To expedite the court proceedings and also save costs involved in the escort of the undertrial prisoners, the Central Government has requested all the Indian States to establish and link video conference facilities between courts and prisons.
Technologies have been embraced by the Indian Courts to speed up its judicial process and justice delivery system. A few of the tools used by the Apex Court are electronic Supreme Court Reports (e-SCR), Supreme Court Vidhik Anuvaad Software (SUVAS) and Supreme Court Portal for Assistance in Court’s Efficiency (SUPACE).
Some of the roles of technology in shaping the Indian Judiciary are highlighted below:
- Case file Digitization: A provision has been made for the scanning of case files inside the court premises and the concerned person can have access to the digitized files with the help of the software.
- Digital depositions without paperwork: Modern-day court proceedings are going completely paperless. The case details are typed by the concerned stenographer on the computer and the draft of the case is available to the judges and the advocates on their computer screens.
- Court proceedings being recorded: The court proceedings are recorded with the help of sophisticated tools like PTZ cameras which record and provide the interface to the judge. The recordings are in encrypted form in the server and the Judges have control over the interface for reviewing the case. In today’s modern courtroom, there are installed PTZ (pan, tilt and zoom) cameras which record sessions held in courtrooms. The judge holds complete control over the software for recording the sessions.
- Virtual meetings or Video conferencing: Proceedings can be held via video conferencing where individuals can log into the proceedings with the help of software and hardware setup from any remote location. This saves time and individuals related to the case such as the prosecution, defendant or witnesses can be produced at ease in such virtual proceedings.
- Capturing of evidence: Pieces of evidence such as documents, images, and recordings can be produced in digital forms such as visualizers in the courtrooms. The professionals involved in the case such as the judge, public prosecutors, advocates and other parties associated can go through the pieces of evidence and documents related to the matter digitized with the help of scanners along with visualizers.
- Live proceedings of Court: Court proceedings can be seen live by registering and logging in to the court’s website from any remote location.
- Case law: In the case of Swapnil Tripathi vs Supreme Court of India (2018) where the Supreme Court gave the verdict in favour of live streaming of the Apex Court. It was held that the right to live hearing is a fundamental right guaranteed by Article 21 of the Indian Constitution. The judges’ bench highlighted the concept of public access to judicial information, open justice and open court and that live streaming of proceedings of the court was in the public interest.
ARTIFICIAL INTELLIGENCE (AI) IN THE LEGAL PROFESSION:
The legal industry is hardly an exception to the use of artificial intelligence (AI) which has had an impact on every aspect of human existence.
Artificial intelligence is a field of science and computing instruments inspired by the functioning of the human nervous system which assists in sensing, perceiving, learning, and reasoning the things around them and thereby acting on them. The legal industry can undergo a radical change with the assistance of artificial intelligence (AI) by automating the labour involved in legal research, case analysis, review of contracts, and predicting the outcome of legal matters thus, simplifying the legal work. AI assistance which is making a positive change in the legal profession involves computer vision, algorithms of machine learning and natural language processing (NLP) to name a few.
The tier-1 Indian law firm Cyril Amarchand and Mangaldas (CAM) is amongst the first law firms in the country to adopt artificial intelligence with great zeal. It has licenced a machine learning program named “Kira” which is designed and curated by a Canadian-based company Kira Systems. This AI tool assists in the analysis of legal documents, locates any potential areas under threat and draws out provisions from varied legal records.
In the current legal scenario, artificial intelligence is used in selected areas some of which are listed below:
- Documentation through Computerization: Preparation of legal work by having the relevant elementary reports ready in less time.
- Estimated amount of work: AI is used to review agreements, conduct legal research, and execution of disclosure obligations in digital mode, which is gaining popularity.
- Electronic means of billing: It is used to help lawyers and legal counsels plan and work out solicitations depending on how much work they have done on their part. This helps the counsels and lawyers to charge their clients an accurate amount which will benefit both parties in the end.
- Intellectual Property: AI is useful in assisting in examining and enrolling names of brands, copyrights, patents, licenses, trademarks and other resources belonging to intellectual property.
- legal analysis: Insights and references given by AI can be used by lawyers in their case studies in light of earlier events. It can also be used for analysis of data.
- Case law: In the case of Jaswinder Singh vs the State of Punjab, the Punjab and Haryana High Court denied the petition for bail because the prosecution had proven the petitioner had taken part in a vicious attack which turned out to be fatal. The judge who presided over the matter took the assistance of ChatGPT to have a more comprehensive perspective on whether bail should be granted when cruelty is involved. However, the reference to ChatGPT was taken only to have an overall perception of the jurisprudence of bail in cases when there is the involvement of cruelty and the court would not consider those remarks.
ADVANTAGES AND CHALLENGES OF TECHNOLOGY IN THE LEGAL FIELD:
Some of the advantages of technology for legal professionals are:
- It has made available legal information to great lengths for both practising advocates and their clients with the help of internet technologies
- Clients now have access to basic information about the advocates and their cases and advocates have access to client information, to make referrals, provide brief services online and make information public by posting information on social media websites.
- Data collection has been made easier, and automated templates used for the creation of documents and management of cases.
- Communication has been made easier between lawyers and their clients thanks to messaging options, telephonic communication, video conferencing, e-mails etc.
- Advocates have the option to upskill themselves because of the option of getting training in online courses.
- Legal technologies help in making the tasks of lawyers easier by highly advances software programs to improve their existing methodologies, manage cases, and improve client service amongst many other works.
Some of the challenges posed by technology for legal professionals are:
- Technology holds the ability to replace millions of jobs across the world irrespective of the occupation.
- Concerns also arise over the ethical nature of artificial intelligence (AI). The way AI behaves and executes is completely programmed and here the ability to trust arises.
- Certain lawyers may be impacted by negative reviews online which can affect their clientele.
- When technology-driven platforms are used, confidential and private information needs to be uploaded which raises a huge concern over its security as cybercrimes are increasing every year including hacking and violation of data and bank accounts or any other online accounts of individuals.
- The affordability of technology-driven software and devices raises concern as such programs generate high costs for its functioning which is not accessible to everyone.
- Relying on high-quality and relevant information is a challenging task as not all the information which is available online meets the standards of the profession.
SUGGESTION AND CONCLUSION:
Technology has developed tremendously in the past decade. It has had an impact on various fields including the legal sector. The legal profession is incomplete without taking into account the technological aspect which plays a major role in its functioning. Advancements in recent technology suggest the fact that the legal profession will transform. The lawyers have a choice to either accept or ignore the effect it will have on their lives.
Despite the positive role technology has played in the advancement of the legal sector, it has yet to reach every practising lawyer, student and academician in the developing or underdeveloped regions of the country. They are yet to implement it and are still in the regressive paper world. Law institutions and associated organizations should conduct workshops and make the professionals more aware and encourage them to learn and implement the use in their profession to promote a legal culture which is technology-friendly. The Indian Judiciary also benefit from the use of artificial intelligence (AI) to analyse its related cases to the subject matter which also is when used wisely.
While welcoming technology, the security of personal information and confidentiality or data privacy plays a central role. For practising lawyers or law firms, it becomes their primary duty to protect the information of their clients and the data related to their cases. The use of strong measures in the security of data which comprise an encryption model and routine security checks should be promoted.
Cyber laws also play an important role in protecting any transactions taking place over the internet which even legal professionals are accustomed to. The bright future of the Indian legal sector is incomplete without the use of advanced technologies and so its cautious and positive usage will help strengthen the impact the legal industry has on its citizens and the world at large.
Written By:
Name: Divyani Newar
Name of College: National Education Foundation Law College, Guwahati, Assam, India