ABSTRACT
ABSTRACT
Programme: 2023-2025
RESEARCH REPORT
On
IMPACT OF TECHNOLOGY AND ARTIFICIAL INTELIGENCE
ON LITIGATION
Submitted By
SHUBHAM KUMAR
Roll No – A009
SAP ID- 80552300010
Submitted to
Subhrarag Mukherjee
INDEX
10 Conclusion 24-25
11 References 26
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ABSTRACT
The integration of Artificial Intelligence in the legal industry has
revolutionized this age-old practice by providing newer and advanced
developments in the field of legal research and education. AI-powered tools
have significantly increased the efficiency and accuracy of legal research,
assisting legal professionals in provide more precise and timely legal
research. This paper aims to explore the influence and future scope of
incorporating AI-assisted legal research tools like legal analytics in legal
research and the current adoption of these practices in the field of law. The
adoption of these AI assisted practices will greatly transform the processes
of the legal field and it is thus of utmost importance to not only educate the
upcoming lawyers but also the existing practicing lawyers with knowledge
of AI tools, since it is essential for the legal field to understand and harness
these tools for the betterment of their practices. The paper also understands
the relation between legal education and legal research considering
adopting new practices and the necessity of incorporating AI led and
assisted education curriculums.
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EXECUTIVE SUMMARY
The integration of Artificial Intelligence (AI) has revolutionised the legal
industry and provided advanced, innovative, and efficient development in
the field of legal research and education. The incorporation of AI powered
tools has been greatly increased the efficiency and accuracy of legal
research, aiding legal professionals in providing more precise and timely
data. This paper aims to explore the influence of AI and technology on
legal research and the current familiarity of those associated with the legal
profession to the newly developed AI tools like legal research tools, legal
analytics e discovery tools, drafting tools and many others. The use of AI
tools can greatly transform the processes of the legal field thus it is of
paramount. Importance to educate both the upcoming legal professionals as
well as the current legal professionals and harness them with the tools
necessary for betterment of the legal practices. The paper also understands
the relationship between legal education and legal research considering
adopting new practices, and the necessity of incorporating AI-led and
assisted education in MBA Law curriculums. AI tools in legal research
have magnanimous benefits but since the AI revolution is still on the rise
these developments are also subject to various challenges. With the help of
AI tools, legal research and drafting tasks have become more accurate and
efficient allowing lawyers to focus on more complex tasks and provide
better services to the clients. The application of AI has its fair share of
challenges such as ethical considerations, job displacement and thus they
need to be addressed urgently. As per the results of the study conducted, the
current familiarity of the people is low to average, and thus more awareness
drives combined with education drives are needed to inform people
regarding the effective and efficient uses of AI in the legal field. However,
AI tools like Legal research platforms and legal analytics are on the rise
amongst legal students and professionals. This indicates the beginning of
the AI revolution in the legal field to harness the best benefits of AI in the
legal field, it is necessary to provide optimum Legal education not only for
learning AI but also incorporating AI in the learning methods and
curriculum at law schools. This would not only lead to a more efficient
workforce but also a more informed workforce.
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The research undertaken measured effects of various demographic factors
like age, gender, role in the legal profession on their perceptions on an AI
assisted future in the legal profession. It was found from the study that there
exists no significant difference in the familiarity to AI tools and the gender
of the person. It was further found that there may be some barriers or
misconceptions that are preventing people from realizing the potential
benefits of using AI in legal research. Moreover, the study also found that
there was a relation between people who were aware about Legal AI tools
and their agreeableness of incorporating AI in legal education. After
analysing the findings and conductive extensive research, suggestions and
recommendations for the future incorporation and awareness of AI can be
increased as well as providing recommendations as to how the ethical
implications of AI incorporation can be dealt with.
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INTRODUCTION
Artificial intelligence (AI) has been on a magnanimous rise in recent years
and given the world new perspectives on doing ordinary tasks. AI is a
branch of computer science that deals with creating intelligent machines
that can work and think like humans. The goal of AI is to create machines
that can perform tasks normally required to be done by human intelligence,
these tasks include problem solving, decision making, drafting and many
more. AI is now being applied to various industries, including legal
research and legal education. This paper analyses the impact of AI on legal
research and education and its future scope in the legal profession. Legal
research is one of the most integral parts of the legal profession and it
involves finding and analysing information related to legal cases,
precedents, laws and procedures. Over the years, legal researchers spend
significant time conducting research and then analysing the results to help
prepare for cases. However, in comparison to AI these methods are time
consuming and tedious since the sheer volume of legal information can be
overwhelming. AI can be used in legal research to automate repetitive
tasks, analyse the large volumes of data and assist in the decision-making
process. This leads to more accuracy and less time allowing the legal
professionals to focus on more complex legal issues. Various software tools
have evolved to aid in legal research. One of the most popular AI-based
legal research software is ROSS Intelligence. ROSS Intelligence uses
natural language processing (NLP) to understand the language used in legal
documents and provides accurate and relevant legal information. Another
popular AI-based tool for legal research is LexisNexis, which uses AI to
provide insights and analytics on legal data. Additionally, AI-based legal
research tools like Case text and Fast case provide powerful search
capabilities and the ability to filter search results based on various criteria.
The incorp. of AI in legal research has been a game-changer, and its
benefits are undeniable.
However, the use of AI in legal research is only the tip of the iceberg. There
is a need for AI- based and assisted legal education that will lead to more
efficient use of AI tools in the legal profession. Legal education is a crucial
part of the legal profession, and it involves teaching students the
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fundamental principles of law and how to apply them in practice. However,
traditional legal education methods are often criticized for being outdated
and not adequately preparing law students for the challenges of the modern
legal profession. To bridge this gap, it is necessary to incorporate AI in
legal education to prepare a competent and efficient future workforce. AI-
based and assisted legal education can provide law students with a more
practical and hands-on approach to learning. With the help of AI, law
students can analyse and understand legal documents and cases more
efficiently, and in turn, develop more informed legal opinions.
Additionally, AI can assist law students in identifying patterns and trends in
legal data, which can be invaluable in preparing for legal cases.
The need for AI-based and assisted legal education is apparent, and there
are already several initiatives to incorporate AI into legal education. For
example, the Legal ED platform provides online courses that teach law
students about AI and its applications in the legal profession. Additionally,
AI-based and assisted legal education can provide law students with a more
practical and hands-on approach to learning, enabling them to develop more
informed legal opinions. As the legal profession continues to evolve, the
use of AI in legal research and education will become more prevalent, and
those who do not embrace it may find themselves at a disadvantage.
However, it is important to note that AI should not replace human lawyers
or legal researchers, but rather be used to enhance their capabilities. AI is a
powerful tool that can be used to enhance legal research and education. The
integration of AI in legal research can make legal research more efficient
and accurate, enabling lawyers and legal researchers to focus on more
complex legal issues. Additionally, AI-based and assisted legal education
can provide law students with a more practical and hands-on approach to
learning, enabling them to develop more informed legal opinions. As the
legal profession continues to evolve, it is essential to embrace the potential
of AI while also addressing the ethical implications and drawbacks of its
usage.
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AIMS, OBJECTIVES AND HYPOTHESIS
Our Aims:
As MBA Law student I understand the need to stay updated with the latest
advancements in technology and how that affect the legal field. I am
conducting the following research to delve deeper into the impact of AI on
legal research and litigation Management. I want to explore how AI is
changing the way legal professionals work and their familiarities and
approaches towards the changes. Moreover, I also aim to understand the
current usage of these tools amongst the legal professionals and students
and what sectors of the legal professional will get maximum benefit of the
AI revolution. I also aim to explore the need of incorporating AI in legal
education and Litigation Management and the potential benefits and
challenges related to its incorporation.’
Objectives:
Hypothesis:
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Benefits of artificial intelligence in legal profession sector
Artificial Intelligence is finding its ways in the legal profession as there are
a many software available which can replace the monotonous and tedious
work done by the lawyers. Artificial Intelligence helps the lawyers in the
repetitive and routine jobs which indeed saves their time and also help them
to focus on important aspects.
Legal Research
A legal practitioner spends lot of time on legal research. New lawyers takes
much time to learn about legal research. It’s also takes time to find the
correct legal authority which could help them in their argument. A Good
research plays a very crucial role in winning the case for a lawyer .
Due Diligence
The lawyers are supposed to do a primary task to confirm the facts on
behalf of their clients. which is on the basis of the information they tell
their clients as what they are supposed to do or can proceed further with the
case.
Due diligence is a time-consuming procedure which definitely yields a
positive result in the long run. Artificial Intelligence system helps to do the
same task in a faster way. Artificial Intelligence makes through checks of
the facts and evaluates the previous decisions given in the similar situation.
It helps in providing effective counselling to their clients.
Prediction Technology
When a client approaches a lawyer to discuss for any dispute, he always
asked the first question is “Should I Settle the case?” or “What are the
chances for winning the case if he goes for trial?”
Artificial Intelligence technology has the capability to help the counsel in
answering these type of questions. It can also forecast the result. It also
evaluates previous decisions given by the judge in the same cases.
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Legal Analysis
Analysing and reviewing the documents in a file is a time-consuming
process. Artificial Intelligence software improves the efficiency of lawyers
when they review the documents by putting them in a required order.
Artificial Intelligence software flags the documents which has. of high-risk.
Artificial Intelligence software not only help in the reviewing the case files
but also the contracts which companies signs. Law firms are mostly
involved in reviewing the contracts which their clients sign. They identify
the risks or issues involved with the contract and edit those clauses as
required by their clients.
Contract Preparation
Artificial Intelligence software helps the companies in drafting standard and
routine legal contracts. Artificial Intelligence software helps in preparing
templates which can later be customised as per requirement of clients.
Patent Application
Most of the time Intellectual Property lawyers are engaged in analysing
large Intellectual Property to draw an insight from the available content.
Filing a patent application is a long and tedious job. The process of filing
Patent application involves checking of hundreds of documents. which this
software can do in a faster way. Artificial Intelligence helps the patent
application in formatting, drafting and reviewing.
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Legal issues with artificial intelligence
Artificial Intelligence are having various legal issues all over the world.
Artificial Intelligence software uses large data to generate a significant
amount of information. This data laws are evolving all over the world. India
has faced various legal issues between government and the technology
companies .These legal issues are likely to grow with development of
software and passage of time .
Amazon India Inc. has faced search warrants to provide data in a murder
case relating to Artificial Intelligence powered Echo device. There are
various related laws to Artificial intelligence which can be relied upon the
data privacy laws.
Indian Legal system has always been labour intensive. In India, people are
not aware of the artificial intelligence. A Canadian mechanic learning
software provider, Cyril Amarchand Mangaldas was the first Legal firm to
sign an agreement with Kira Systems in 2017. to improve the efficiency
and accuracy of the firm’s delivery model for legal services.
The Supreme Court has digitised its record which resulted into an adoption
of Artificial Intelligence technology by more law firms. The legal firms in
India would be different from what it is today.
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Some light on the modern legal firms which would resemble:
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Benefits of Artificial Intelligence in Indian Legal Industry
Time Saving
Resolving legal cases is a time-consuming factor in India. Its time
consuming from filing a case up to deciding the case. Development of
Artificial Intelligence, technology , the speed of handling cases can be
improved. Persons involved in case including lawyers and judges can
save their time .
Focusing on Work
By using of Artificial Intelligence software, legal tasks of the lawyers
could be better focused on aspects of their cases. Lawyers will not
have to think about their regular and repetitive tasks because this
software will solve the cases.
Minimisation of Cost
Artificial Intelligence technology would better perform of legal tasks
with cost effective manner. It will also reduce to produce printed
documents. It would also save space and money as well.
Skill Development
In legal field, legal practitioners spend many years to become perfect
in law. It is due to the legal research and doing leal studies. Artificial
Intelligence software simplify the case and also helps to gain nuances
of law in lesser time.
Analysation of Contract
Artificial Intelligence legal software applications are not only helpful
for lawyers for doing work fast but in gaining trust of their clients. It
can also be used to analyse legal contracts in a logical order. This
software can also be used to analyse business contracts and its risk
factors.
Generation of Contract
A lot of businesses are also making use of AI equipped legal software
to develop new contracts. They can frame contracts while playing it
safe and evading legal pitfalls involved with the process when such
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specialised software is used. This can include a contract with another
company or an important client or supplier.
With the immense rise in the pendency of cases and delayed justice,
artificial intelligence can be the most effective solution to this problem.
Recently, in the 19th biennial state-level conference of judicial officers,
S.A. Bobde, Chief Justice of India, said, “We have the possibility of
developing Artificial Intelligence for the court system, only for the purpose
of ensuring that undue delay is prevented in the delivery of justice.” AI can
help the justice delivery system to become “efficient, time-bound, litigant
centric, affordable, accessible, cost-effective, transparent and accountable.”
Before giving the final verdict, a judge has to perform a number of
complicated procedures that are tedious as well as tiresome. As lawyers,
judges can also use different AI-powered services to perform these
monotonous tasks such that the overall decision-making process becomes
faster and efficient. Here are some of the ways in which AI can help the
judges:
These tools can go through the pleadings and evidence of both parties and
can point out the important areas within the documents in a fraction of
seconds. Microsoft has already designed a machine that can read and
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examine a document more accurately than a human and can answer the
questions related to the document. Besides saving a large amount of time of
the court, these AI-backed tools can also make the judge confident about
his verdict.
Legal research
Judges have to study a lot of precedents and case laws before giving a
verdict such that the judgment becomes fair and suitable as per the merits of
the case. AI can help the judges to find such relevant case laws within
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seconds. A number of AI-backed online legal research services have been
developed by different countries that use machine learning and natural
language processing (NLP) to identify relevant precedents and then extract
useful information from them.
Granting of bail/parole/probation
While dealing with a criminal case, a judge has to take various important
interim decisions such as granting bail to the accused instead of sending
him to jail, releasing a prisoner on parole, or granting probation to an
offender. These decisions are generally based on the rights of the convicts
as well as the benefits of society. To make such complicated decisions, the
court has to examine all the aspects of the case and then apply its own
conscientiousness.
AI-powered machines can help the judges to take these decisions easily and
quickly by making it certain that the decisions taken are fair without any
personal biases or partiality made by the judges. Public Safety Assessment
(PSA) is one such artificial intelligence machine that is being used in the
courts of the U.S., assisting the judges in deciding whether to release an
accused on bail or not. It is designed to calculate the chances of an accused
to commit a crime again or his chance of escape from the far-reaching
power of law.
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Artificial Intelligence systems that are already available in the
legal field
ROSS Intelligence
Developed in 2014 at the University of Toronto, ROSS Intelligence is
an AI-powered legal research tool that uses the most advanced
technology of Natural Language Understanding (NLU). [68] It is built
to answer all your queries and the NLU allows you to ask your legal
issues or describe the facts and procedures to the system in natural
language instead of using Boolean terms or keywords.
Once you submit your query, ROSS’s AI starts searching for the most
relevant cases that are related to your question and will provide an
accurately ranked list of leading cases within a few seconds, with the
most useful cases on the top. This saves a huge amount of time and
ensures that you do not miss any leading case. To further save your
time, ROSS marks the relevant portions of a case so that you can go
through them without reading the entire judgment.
ROSS not only provides you with the most suited judgments but also
shows whether the decision has been overruled or superseded or
whether it has received any criticisms or questions. Moreover, it comes
with another extraordinary feature, known as Find Similar Language,
helping you to find supporting cases and other authorities. You can
highlight any portion of the judgment and the AI will search for other
decisions with similar facts, issues, and judicial interpretation.
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KIRA Systems
Founded in 2011, KIRA is an efficient, award-winning Artificial
Intelligence system that is specially designed for recognizing,
extracting, and examining clauses from contracts and various other
legal documents. Using the process of due diligence and machine
learning, KIRA can review thousands of unorganized third-party
contracts of any file format in a very short span of time. Moreover, its
machine-learning tool, Quick Study, enables it to learn to identify and
extract new clauses from a contract and it can be used in a large variety
of applications.
KIRA saves 20-60% time for first-time users and saves around 90%
time for the experienced ones and it reviews the contracts with 100%
accuracy, automatically highlighting and extracting the related texts
within seconds. It is designed to review contracts in different languages
such as Spanish, French, German, etc., and can learn new languages. It
can combine a contract with other contracts to find out the risks and
analyse them.
eBrevia
Developed in 2012 by two Harvard Law School Graduates, eBrevia is
like an e-discovery tool, used to find out relevant texts from various
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long and complicated legal documents and contracts within a very
short period. This uses AI and advanced machine learning to identify
and extract content from a contract and makes a summary report of that
extracted part. Saving around 50-60% of the time, eBrevia can extract
important information from a contract, customize that extracted data
and present it in Word, Excel, or other databases.
LawGeex
Developed in 2014 by Noory Bechor and Ilan Admon, LawGeex is a
contract review automation solution that has been designed to manage,
review, and approve daily contracts and business agreements through
AI. This has resulted in the reduction of human errors as the AI-backed
system automatically detects and highlights the questionable clauses
within seconds. This helps the company’s legal team to concentrate
and work on more important legal matters.
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anything wrong with it. It highlights the texts that require corrections
and if it finds nothing wrong with the contract then it is approved.
LawGeex takes less than an hour to review the contracts and can save
more than 80% of the time.
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Is Artificial Intelligence a boon or a bane to the legal sector?
Whether Artificial Intelligence is a blessing or a curse to the future of
human existence is an ongoing debate. The sole idea to create Artificial
Intelligence was to make the lives of humans simpler and uncomplicated.
However, people are sceptical and concerned regarding the impact of
Artificial Intelligence on employment and human resources. It is plausible
that AI in the near future will replace jobs involving tedious repetitive basic
problem-solving tasks. Nevertheless, it will enable growth productivity by
increasing efficiency and precision. Furthermore, there is a wrong
presumption that AI is a threat to the legal system and will replace lawyers
and judges but from past evidence and usages of AI, it is obvious that it will
enable lawyers and law firms to be more accurate, precise, output focused.
With integrated AI algorithms, drafting, e-discovery, legal research,
document mining, predicting case outcomes will become easier and
inexpensive.
Every system has its pros and cons. Although the advantages of artificial
intelligence outweigh the disadvantages.
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humans. Moreover, machines can accurately perform complex legal
tasks and can deal with more information as compared to humans
within a fraction of seconds. On the other hand, it is natural for
human beings to make mistakes. Thus, AI saves time, which in turn
saves money as the number of lawyers involved in solving a legal
problem is reduced.
Artificial intelligence machines are programmed with predictive
codes as well as previous case laws. Therefore, whenever a similar
legal dispute arises, these machines help the lawyers to recognize
and examine the potential risks so that they can reduce the chances
of these risks in the courts. Furthermore, this allows the lawyers to
advise their clients more accurately about the dos and don’ts of a
legal suit.
Machines work selflessly without any breaks. They are
programmed to work for long hours efficiently overcoming the
drawback faced by humans who need time to take a break and sleep
to work in a well-organized, systematic manner. Thus, AI helps in
increasing productivity as well as producing higher-standard work.
The entire legal world revolves around the clients so the lawyers
need to adjust to the changing demands of the clients. Since AI
saves a lot of time by performing tedious repetitive tasks, lawyers
now get enough time to build and improve the relations with
clients.
Lastly, human decisions are generally based on emotions. Emotions
not only affect the nature of the decision but also a greater time is
taken to convey the decision. On the other hand, machines resolve
the matter rationally, logically, and not emotionally. The non-
existence of emotions and feelings allows machines to make the
right decisions in a short period.
But every system has its disadvantages. The undermentioned points are
some of the cons that the system has:
Conclusion
In this study, an effort was made to discuss the impacts of AI on legal
research in the legal profession. As some scholars try to portray, the law is
neither rocket science nor entirely repugnant of technology. Hence, legal
research in particular and legal practice, in general, is amenable to and
influenced by AI both positively and negatively. Moreover, it is evident
from the study that the positive impacts of AI are far greater than its
negative externalities, which are usually temporary and related to the
disruptive effects of technology on the legal profession.
Only some decades ago legal research was an activity that can only be done
by lawyers in a physical library. At present, due to advances in Weak AI,
many of the activities that constitute legal research are being done by AI
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tools with minimal human support, which resulted in monumental
efficiency (in time, energy, resources) in the underway of legal research and
legal grunt work.
At present, there are up to 5000 legal tech startups throughout the world
who are automating some type of legal work, which is a good reminder for
tomorrow’s lawyers that they will need to familiarize themselves with how
to research the law using such AI tools in addition to possessing a working
knowledge of the law. The same holds for law schools that should consider
including legal AI courses into their academic curriculums.
In the future, with the advent of Strong AI, which has a massive
computational and analytical capacity of a vast amount of data and brute
force of processing, the impact of AI on legal research will be far greater
than mere automation (pre-programmed decision making). With such a leap
in computational capacity and advances in algorithmic reasoning, AI tools
are expected to develop the capability to deliver efficient legal services by
autonomously undertaking legal research that is destined to sort out legal
problems that will require human empathy, judgment, and creativity and
thereby satisfy client expectations.
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References
1) Kurzweil, Ray 1999. The age of spiritual machines.
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Effective Justice Delivery in India, 11 OIDA International
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3) Jatin Borana, Applications of Artificial Intelligence &
Associated Technologies, Proceeding of International
Conference on Emerging Technologies in Engineering,
Biomedical, Management and Science, 64, 64-65 (2016).
4) Susan L. Shin, How AI can Help You be a Better Litigator,
New York Law Journal (2019).
5) Harry Surden, Machine Learning and Law, 89 Wash L.
Rev, 87, 102-107 (2014).
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