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The Upcoming Technology and Legal Industry

Artificial Intelligence blended with legal services is a step forward to create ‘Justice for All', states Andrew Arruda in a TED Institute talk in the year 2017, while talking about ROSS Intelligence.

Living in an era, where everyone is having a mobile phone, not everyone know the exact essence of Artificial Intelligence. Often one believe that understanding computer used algorithms is costly and for processing mountain of data through Artificial Intelligence one should have a good knowledge of Information Technology.

Well, all this is false. Artificial Intelligence has it's footprints back in 1600s, where a mathematician named Leibniz, who was a lawyer came up with an idea to use mathematical formulas to solve problems related to Law and this is what artificial intelligence is doing nowadays. It uses computerized algorithms to aid the legal services. Similarly, in the pre-modern era, around 1940s, another thinker of Machine learning who thought about combining Artificial Intelligence and law was Lovinger.[1]

Looking at our daily lives, the employments, the contracts, the transactions, purchasing etc are law and one may have either implied or expressed duties towards these laws. The mainstay of everyday life is law.

Artificial Intelligence is the foundation of most of the works we do on our daily basis such as e-mails, communications, web surfing, digital assistants etc. So, both Law and Machine Intelligence aren't directly connected but are supplements of this generation. The intention to merge these two have been accepted widely.

In India, there are various instances of using Artificial Intelligence in all the sectors including legal services, such as Kerala Police induced a robot for Police work, Chennai is seen accounting a Robot Themed Restaurant and a robot performed Tele robotic coronary Intervention in Ahmedabad.[2] The acceptance of Machine Intelligence is incredibly increasing because of it's efficiency, precision, the ability not to be effected by hostile environment and other advantages.

To a great opportunity comes a great responsibility and over here, the concern to amalgamate Law and Artificial Intelligence is huge. For a country like India, where no legal definition of Artificial Intelligence could be found, no sets of rules and obligations for Artificial Intelligence, no accountability and no liability schemes in case of a wrongful act done from the part of Artificial Intelligence.

Legalising the concept of Machine Language would only be useful and detrimental when a number of concerns governing the developments of Artificial Intelligence is solved primarily in a constructive way giving desirable weight to privacy concerns and many other factors such as expenses and balances, third party involvement and the damage suffered.

A punishment process should be built in such a way which acknowledges criminal laws in respective country and function accordingly. The objection in making the status of AI equal to the status of the citizens of a country is that it lacks the moral character and the emotional intelligence which a human being can only understand.

With respect to the Classical legal businesses which involve policy making, legal document assembly, formation of contracts, law firm management, research based on various factors etc are in immediate need of Artificial Intelligence because it performs all these jobs with efficiency, transparency and objectivity.

Indian Courts have many backlogs which does not produce desired results in the system of legal justice, creating a blunder in classical legal theories. The cause behind the pending works is the wastages of data and multiple volumes. For understanding a statute there are various interpretations done at different times as per circumstances.

For initiating a blend of Law and Technology, the major objective should be to enhance the works of the users of law and Artificial Intelligence. There are three major categories of people who use technology with respect to law. First, the Administrators of Law, which includes, Judges, Government officials and regulators of law. Second, the Practitioners of Law, which includes Lawyers, Attorneys etc. Third, the Users of Law, which includes, ordinary individuals or businesses that have to comply with law.[3]

The administrators of law comprising of Judges, regulators and government officials use computers for structuring a better and composed legal system for future. The method of facial recognition used by police provides a qualitative tool to the forces of the government fighting against crime and criminals.

The judges use Artificial Intelligence for their legal research patterns and for updating themselves in day to day basis. Almost every judge of District and Session court all over the country of India has a computer system for helping the justice system in various processes. The file computation and report making is also done with the help of technological advancements. The court rooms has an internet connection established to them so that they can update their daily cause list and various other proceedings.

Digitalising the work is a tool to reduce the bundles of documents and files present in abundance in the office of every court. In terms of Globalizing the Judicial sector, the foremost desideratum is language translation for rationalising the system of justice. Another chief integral is fraud detection as far as the use of Information Technology is concerned. According to PwC Global economic Crime Survey of 2018, about half of the total companies (nearly 7,200) surveyed on an International level had experienced fraud at least once up till date of one or the other kind including technical errors.[4]

The analysis of data by Humans for fraud detection is very time consuming and complex too.[5] Also, the instances of fraud could be alike in terms of context but need not be identical. Artificial intelligence has been a true ornament for allocation of fraud competently.

The second kind of users of Artificial intelligence and law are practitioners of law such as Attorneys, Counsel, various law firms and similar solitaries advocating or decoding legal languages. These exponents of the long arm of law use machine learning for computable policies, automated dispute resolution, prediction technology, legal analytics, due diligence etc.[6] “Enhanced efficiency, better time management, updated clients and impeccable financial management are the key changes which the lawyers are experiencing.”

Dr. Arvind Singhtaiya mentioned in an interview. On the same note, Dr. Singhatiya, who is the founder and CEO of Legal Kart, supported Artificial intelligence with the belief that the adoption of Machine Learning and it's applicability in law is unavoidable. He adds that machine learning would lead to expansion of lawyers in various forums.[7]

Automation of legal jobs in the field of drafting, analysing and researches would help the lawyers, policy makers to evaluate the matters of great importance with concept, creative thinking accompanied with innovation in learning, increased capabilities in the areas of human emotional intelligence e.g., would be able to realise the client's needs which restores the intrinsic trait of law of client counselling. For a Public Prosecutor (in India) the tool is of a lot importance because the Advocate is suffering with many cases at a time and for searching a particular case law related to a particular case in hand, it may take hours or even days in a situation of complex nature.

It is very difficult for the Public Prosecutor to manage such a large number of cases efficiently and effectively. The practitioners who are in the business of law from decades, provide a considerable resistance to change because of the fear of losing their positions but the development in legal sector is for the up coming generation and the youngsters are comfortable with technology and would be able to adapt well with the changes.

In India, Covid-19 has brought many more challenges in the legal industry giving chance to innovatory solve the problems in the legal system while creating a balance between public health and delivery of justice. The topic of creating a mixture of law and technology which was often ignored and resisted is new on trends and there are many courts who have issued guidelines for the hearing of cases during lockdown.[8]

The plan to start with a tech savvy legal system came out by Supreme Court of India authorising the extraordinary power of Article 142 of the Indian Constitution. The objective of this step is to ensure social distancing and protecting courts from becoming hotspots of the virus. The Bench ordered the Department of Justice and the National Informatics Centre to make sure that courts work smoothly, and technology should be glitch free.[9]

The third kind of users of Artificial Intelligence and law are the ordinary individuals who have to comply with law. The Businesses use foreseeable policies and automated solutions to disputes, the attendance records, financial receipt generating, good communications with clients through mails and other mediums. Artificial Intelligence is the extended version of the boon which came decades ago, named Software, which is user friendly and easily accessible.

The ordinary people use Artificial Intelligence for counselling through webs and other portals for seeking solutions to their problems. Numerous government organisations are available online for dispute resolution such as the Online Right to Information (RTI) portals through which common people can seek information via online mode.

The issues which Artificial Intelligence includes are requirement of patterns and data, which may he biased at times depending bon the developer of such Artificial Intelligence, at times it is hard to interpret, primitive abstract reasoning, various privacy issues, such as the misuse of the data stored, loss of jobs etc.

The fear that the usage of Artificial intelligence in legal sectors will be depriving the work force and overtaking the work of the humans and thus violating Article 41 of Indian Constitution, which constitutes Right to Work and Universal Declaration of Human Rights which also includes Right to Work. Stats show that India, a country of billions experience shortage of employment every year and the horrific idea of interference of AI in the conservative legal market would lead to a loss of belief in the legal sector. Loss of jobs due to interference of Artificial Intelligence is a threat to many but, in reality it only aids the workers in all sectors for speedy process.

“The idea of Artificial Intelligence is not to supplant the human brain or the human mind or the presence of the judges but to provide a facilitative tool to judges to reassess the processes which they follow, to reassess the work which they do and to ensure that their outcomes are more predictable and consistent and ultimately provide wider access to justice to the common citizens.”, said Justice Dhananjay Chandrachud, Supreme Court of India, in an interview in Dealing University.[10]

A major portion of legal sector and law are the students studying Law and its applications, who derive the future of any nation. The combined use of law and technology would shed the fog of distance and law schools would be able to shift the classrooms via the mode of video conferencing in remote areas also of any territory, the conceptual learning and the interaction a student requires in a class with the teacher and other class mates for the purpose of better understanding would hence be accomplished.

The requirement to understand the judicial scenario and other legal sectors are governed by the philosophical conception of Legal Realism. The concept as explained by Oliver Wendell Holmes Jr. is that the rule of law needs logic and it is the development of a nation from centuries and the foremost necessity us constant look over the decisions of Judges to interpret law as per circumstances.

Internationally, employees are in a great fright because the initiation of giving rights to Robots alike humans started when Saudi Arabia became the first country to grant citizenship to a Robot named Sophia.[11] The concern that the leftover countries will also be legalising robots and giving them equal rights and opportunities as to it's citizens, who are the working force of the nation in every sector, including the legal ones.

Artificial Intelligence can never take the place of Humans in any field of law because law tends to change as per regions, customs, individual, capabilities of a particular person etc. In some cases, the act of presence of mind and the way of speaking certain words play a major role un a judicial decision. There are many statutes which provides Judges with the privilege of passing order on the criteria of presentation of any person and his/her expressions, one such law is The Indian Evidence Act, 1872. Artificial Intelligence is a machine, just like any other machine, our cars, our refrigerators, our laptops etc., which can't get the same status as that a person is maintaining.

Countries such as United Arab Emirates (UAE) and United Kingdom (U.K.) has established separate ministries and offices for development of Artificial intelligence namely, Ministry of Artificial Intelligence and Office of Artificial Intelligence respectively. Whereas, China and Japan have directed the previously established ministries to work on AI implementation.[12] India has directed Niti Ayog to work on the sector of Machine Learning and have decided to implement a separate budget for it. The usage of Artificial Intelligence requires a knowledge and discernment of the usage of Internet networking.

The country with the second largest population in the world, though having the largest number of Youth who will be shaping the future of India are early learners of technology but are deprived out with the operation of technology because of the majority of Youths belong to the low income groups who cannot afford those specifically advanced gadgets. Another point hindering the process of AI is privacy concerns such as adequate privacy, security and IP related concerns. All these points demand a discussion which would solve the concerns of the public at large about the consumption of devices with Artificial Intelligence.

Internationally, there are various lawyers who are leaving the traditional modes of business of law and moving towards constructing daily task of law including contract review, intellectual property, due diligence, research and expertise automation. One such Lawyer is Haley Altman, CEO and founder Doxly.

To her the idea to have an automated document and transactions management came up while searching through thousand of documents while searching for a signature page holding up a multimillionaire dollar closing. Second example of such a lawyer is Norry Bechor, CEO and Co-founder, LawGeex. He constituted this mechanized contract review platform after getting frustrated from creating and reviewing everyday contracts manually. Third on the list is Ned Gannon, co-founder eBrevia which provides contract due diligence and lease abstraction.

Similarly, Michael Mills, co-founder and chief strategy officer Neota Logic Inc. It has an AI driven, no code platform for next machine control of documents and processes on the record in Chrissie Lightfoot, CEO and Founder of Robot lawyer – LISA. The world's first impartial AI lawyer. Subsequently, it's Nehal Madhani, CEO and founder, AltLegal, which is a cloud-based software using technology managing global IP filings. Another amazing example of legal tech business is Legal Decoder, it started when it's CEO and founder Joseph R. Tiano realized that the clients are lacking analytical tools and data.

Further, a “not to miss” model of perfection in legal tech business. Ross Intelligence, co – founded by a lawyer named Andrew Aurra. He joined hands with a computer scientist for creating an assistant and AI driven legal research tool. Kira Systems founded by its CEO Noah Waisberg is a technology driven legal system with the help of which it is easier to identify contract and analyse business information from the contract which are not structured.[13]

In India, the start ups emerging with the believe of legal tech businesses are Spot Draft, CaseMine, CaseIQ software, Near Law, Mitra, Practice League, stating the idea of building business in the areas of contract management using AI, legal research and analysis platform, virtual legal research software, case rankings, and automated legal practice respectively.

Spot Draft is a start up established in the year 2017. It generated efficiency in the process of document compilation which otherwise would have taken hours. It exercises contract life cycle management including automated reminders. It has three primary offerings for it's users – Contract Creation, contract Management and contract analysis. Any person who has business operation can use this.

An organisation with mountains of work use Spot Draft's contract analysis highlight to analyse compliance of agreement with the standards set according to the customary regulations. Using this channel one can minimise expenses and save more time as compared when a certain function is done manually. The advantage using this also entails contract analysis of both structured and unstructured data.

The technology is made to be used for public use, irrespective how large or small the business is.[14] The founders targeted the freelancer market because there are a number of freelancers who search a draft online and starts editing it without knowing what it actually is. This was the main reason for focusing on freelancer community. Now, they can automate the whole process without any fear of getting the contract terminated due to errors. Within a duration of 10 months, the legal tech start up was able to gather 6,000 sign ups and has processed over 3.5k contracts. This popularity is gained without even spending a penny on digital marketing. The costing is planned in for of SaaS freemium model, say, e.g., up to first 3 contracts, the charge will flow on flat rate.

It is a package of things on a low cost which otherwise would have charged high. It keeps a check on the expiration date of a contract, the renewal of a contract and in case of a breach of a contract, it drafts a notice for the user to be send.[15] The AI is trained on millions of contract from different jurisdictions and many sectors, as soon as a new customer signs up the AI gains knowledge of analysing the variety of new clauses.

It learns the personal choice of the respective user and send recommendations depending on his/ her position in previous contracts. The company is aiming at first the Indian markets and planning to grow gradually go other jurisdictions in South East Asia as well. There is abundance of people ready to work in to create the AI system, but the company craves highly trained and qualified workers in advanced technical AI spheres.[16]

Legal research and analysis platform Case Mine is a string of India to Artificial Intelligence via the legal sector. The crossover of legal analysis and legal AI is bagged by it's parent company Gauge Analytics. The AI is designed to unearth latent linkages between case laws to make the research more in depth. Exceptionally branded systems enable researchers to have a wider than having constrained extend of keywords.

Case IQ the virtual legal research assistant is abled to understand the context of the document and find searches accordingly instead of focusing on the keywords to be searched. The hard work of the IIMs graduates is guided by the ex-chief Justice of Kolkata High Court. It reduces the research time.[17] It is build using NLP text, analytic techniques and network analysis.

The features also include visualisation tool that allows the user to view evolution of relevant precedents and citations of case. It also has JudgeIQ module which let the users discover the opinion of a particular judge depending on the facts and legal principles similar to those of the user's file.[18] CaseMine offers two kind of packages, one is named as the Basic Package with Rs 2,000.00 per month which provides the services such as Intelligent Judgement search, visuals, Cite Text, important paragraph, research suggestions, a storage limit to 100MBs, 24×7 E-mail support with unlimited search history.

The second package is named as the AI packages charging Rs. 5000.00 per month giving premium facilities which include Intelligent Judgement Search, visuals, important paragraph, research suggestions, CaseIQ TM , Cite Text TM with judgments, Cite Text TM enhanced visuals, Cite Text TM search, similar judgements, management of unlimited number of cases, a storage up to 2GB, unlimited search history and a dedicated e-mail support.[19] CaseMine allows free sign-up for a practising judge of India, USA, U.K., to have free subscriptions.[20] Also, the students of India, U.S.A. , U.K., can have the privilege of free sign up.[21]

Outside India, the Legal Tech start ups are reaching heights, one such is Doxly. It is a computer program with the expertise to allow legal teams and their clients to collaborate, manage and accelerate every stage of a deal process. The users can collaborate on documents, track versions and changes, manage document and folder level permissions and monitor post closing deliverables. It also has a signature simplified solution by which the user can make signature blocks, pages and packets.[22]

Perfect Law, by Executive Data Systems are best for five Attorneys to 500 Attorneys. The product features contract management, document assembly, document indexing, full text search, version control, collaboration tools, achieving and retention. It can be accessed using webs or can be installed on Windows, Apple PC, iOS and Android. The support system is in business hours only.[23]

Though the number of users of Doxly and Perfect Law are same but the difference between both is Doxly doesn't put up the features of document assembly, documents Indexing and Full Text Search whereas Perfect Law products has all the above-mentioned features.

There are various other legal tech start ups touching the clouds with their technology, retaining some specialization or the other respectively. The investment in these kind of AI driven legal technology ensures that law business's, whether big or small, Attorney's and Advocates doesn't waste their time in doing legal researches and finding the relevant case laws which is a very fruitful process, to fight for a case. The Artificial intelligence platform doesn't cost high and can provide a good list of features that even a small law firm can avail the benefits. The future of leading market is getting technology driven with time. For a country to develop it's important for its legal sector to be adaptable to technology for better management and speedy process.

End-Notes:

  1. Harry Surden, Artificial Intelligence and Law Overview, (09.05.2020, 8:07 P.M.), https://www.slideshare.net/mobile/HarrySurden/harry-surden-artificial-intelligence-and-law-overview
  2. Artificial Intelligence how it works? Why India needs a legal Framework for AI, (09.05 2020, 10 P.M.), https://youtu.be/yAtX4Rk1rUg
  3. Harry Surden, Artificial Intelligence and Law Overview, (09.05.2020, 8:07 P.M.), https://www.slideshare.net/mobile/HarrySurden/harry-surden-artificial-intelligence-and-law-overview
  4. Lavion, Didier; et al, PwC's Global Economic Crime and Fraud Survey 2018, pwC.com (11.05.2020, 2 P.M.) https://www.pwc.com/gx/en/services/advisory/forensics/economic-crime-survey.html
  5. Volume 5, G.K. Palshitar, The Hidden Truth – Frauds and their control: A Critical Application for Business Intelligence 46 (2002)
  6. Harry Surden, Artificial Intelligence and Law Overview, (09.05.2020, 8:07 P.M.), https://www.slideshare.net/mobile/HarrySurden/harry-surden-artificial-intelligence-and-law-overview
  7. Yeshey Rabzyor Yolmo, Why do only 4% of Indian Lawyers use AI, even though 95% of the courts are digitalized, (11.05.2020, 12:42 A.M.) https://analyticsindiamag.com/legal-tech/
  8. Komal Gupta, Digital Transformation in Law: People, Process and Technology, (12.05.2020, 8:02 P.M.) https://corporate.cyrilamarchandblogs.com/2020/04/digital-transformation-in-law-people-process-and-technology/
  9. Samanwaya Rantray, SC issues guidelines for courts to switch go video conferencing during Covid-19 pandemic, (12.05.2020 11:58 P.M.) https://m-economictimes-com.cdn.ampproject.org/v/s/m.economictimes.com/news/politics-and-nation/sc-issues-guidelines-for-functioning-of-courts-through-video-conferencing-during-covid-19-pandemic/amp_articleshow/75011861.cms?amp_js_v=a3&_gsa=1&usqp=mq331AQFKAGwASA%3D#aoh=15893089942988&referrer=https%3A%2F%2Fwww.google.com&_tf=From%20%251%24s&share=https%3A%2F%2Fm.economictimes.com%2Fnews%2Fpolitics-and-nation%2Fsc-issues-guidelines-for-functioning-of-courts-through-video-conferencing-during-covid-19-pandemic%2Farticleshow%2F75011861.cms
  10. Reassessing legal processes through Artificial Intelligence, Deakin University (11.05.2020 12:06 A.M.) https://youtu.be/Fo3dzHjMVZA
  11. Andrew Griffin, Saudi Arabia Grants Citizenship to a Robot for the First Time Ever (13.05.2020, 3:50 P.M.) https://www.independent.co.uk/life-style/gadgets-and-tech/news/saudi-arabia-robot-sophia-citizenship-android-riyadh-citizen-passport-future-a8021601.html
  12. Niti Ayog, National Strategy for Artificial Intelligence #AIFORALL (13.05.2020 5:00 P.M.) https://niti.gov.in/national-strategy-artificial-intelligence
  13. Jonathan Marciano, 10 Lawyers-Turned-Entrepreneurs Creating a Revolution in Law (10.05.2020 4:37 P.M.) https://www.entrepreneur.com/amphtml/295194
  14. Sudipta Dev, SpotDraft: Startup for AI powdered legal contract management, (10.05.2020 7:48 P.M.) https://www.expresscomputer.in/amp/startup/spotdraft-startup-for-ai-powered-legal-contract-management/33158/
  15. Shweta Modgil, 9 Months, 3.5K Contracts: How LegalTech Startup SpotDraft Is Using AI To Bring In The Tech in Legal, (10.05.2020 8:08 P.M.) https://inc42.com/startups/legaltech-startup-spotdraft-ai/
  16. Shrishti Deoras, MEET SPOTDRAFT, AN AI BASED CONTRACT MANAGEMENT PLATFORM THAT MANAGES CUMBERSOME PAPERWORK, (10.05 2020 8:12 P.M.) https://analyticsindiamag.com/meet-spotdraft-ai-based-contract-management-platform-manages-cumbersome-paperwork/
  17. Richa Bhatta, STORY OF CASEMINE, NCR BASED STARTUP THAT'S DISRUPTING INDIAN LEGAL SYSTEM USING AI, (13.05.2020 10 P.M.) https://analyticsindiamag.com/story-casemine-ncr-based-startup-thats-disrupting-indian-legal-system-using-ai/
  18. Artificial Lawyer, Meet India's CaseMine, shaking up the Legal AI Case Analysis Market (13.05.2020 12:02 A.M.) https://www.artificiallawyer.com/2018/02/15/meet-indias-casemine-shaking-up-the-legal-ai-case-analysis-market/
  19. See Pricing, https://www.casemine.com/home/pricing
  20. See Judges Sign Up, https://www.casemine.com/signup/judges
  21. See Student Sign Up, https://www.casemine.com/signup/students
  22. See Doxly, https://imanage.com/tool/partnersproduct.php?pn=Doxly
  23. See Doxly vs Perfect Law, https://www.capterra.com/legal-document-management-software/compare/156235-34513/Doxly-vs-PerfectLaw

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