Technology in the Legal Field

Introduction

Traditionally, it was assumed that law and technology would be at odds with each other, with the law favouring the protection of rights while technology aims to foster innovation. However, today, law and technology have an interconnected relationship which can achieve both the protection of individual rights and the promotion of innovation in our society.

Before diving further into the topic, we should first understand - What is Legal Technology?

Legal technology refers to use of technology to improve and facilitate legal services. It includes tools and applications designed to automate, streamline, and improve various legal processes, such as document management, contract analysis, legal research, e-discovery, case management, and communication. It also encompasses using artificial intelligence, machine learning, natural language processing, and other advanced technologies to assist lawyers and legal professionals in their work. It is a rapidly growing field that is transforming the legal industry, improving efficiency, reducing costs, and increasing access to justice. Secondly, we should also decode the concept of Artificial Intelligence (AI) as it is still very new and unexplored in the legal industry.

Impact on Judiciary

On the part of the judiciary, it is crucial to understand that the Indian legal system is currently steadfast on its path towards digitalization. Technology has not just been used as a facilitator for existing judicial processes but also to transform the citizens’ experience of the judicial process. For instance, the traffic courts dealing with ordinary traffic violations have received a substantial boost with the introduction of automated settlement processes, which allow persons to pay their dues without grappling with litigation. This kind of settlement of petty issues reduces the overburden of cases in the legal system.

Virtual Hearings: Surprisingly, the COVID-19 pandemic proved to be a spectacular accelerant to India's virtual and digital courts project. Once the lockdown was imposed in 2020, the Supreme Court of India started conducting virtual hearings... Slowly, the virtual court systems were accepted by all courts across India. And now, very effectively, we are transitioning to permanent avenues of hybrid hearing models. Through the e-court system, we managed to create a system conducive to virtual courts, electronic filing, and online payments.

Live streaming was introduced in the High Courts based on the model rules framed by the e-committee. This is an attempt to demystify judicial processes, increase judicial accountability and disseminate information in cases of public importance.

Artificial Intelligence will change the whole landscape

The ability of machines or computer programs to perform tasks that would typically require human intelligence, such as visual perception, speech recognition, decision-making, and language translation. Al involves the development of algorithms and computational models that can learn from data and make predictions or decisions based on that learning 6th April 2021, the Supreme Court of India inaugurated its first AI portal called Supreme Court Portal for Assistance in Courts Efficiency (SUPACE). It is expected to reduce the workload of judges. It will process all information and provide relevant data to the judges to make a decision; AI will filter the most important face and issues raised by the parties. It will help in legal research and tracking the progress of a case.

Justice Hima Kohli rightly said that "AI is a game-changer in the legal field and has the potential to revolutionise the way lawyers work. Amid increasing chatter that artificial intelligence and generative AI tools like 'ChatGPT' might make lawyers obscure, Justice Kohli insisted that AI should not be viewed as a threat but as an opportunity to enhance the quality of legal practice.”

Also, for the first time in India, a judge at the Punjab and Haryana High Court used the artificial intelligence (AI) chatbot, ChatGPT, to decide on a criminal case.

Therefore, it is true that in the legal fraternity, we can achieve a lot more by using AI, which still needs to be explored.

Legal Database: Legal databases such as Manupatra and SCC are used for legal research, including case laws, statutes and legal commentaries. This database made it easier for judges and lawyers to find and cite legal precedents.

Impact on Litigants and Individuals

Online Dispute Resolution: ODR platforms allow litigants to solve their disputes online without having to appear in court, which can save money, and time and reduce the stress and inconvenience of attending in-person hearings.

The impact of the internet on an individual’s right to freedom of speech has also been substantial and meaningful. The influx of the internet age has democratised speech for all individuals. Traditionally, governments used to control the platforms through which individuals could make their speech heard; however, with the advent of the internet and social media, individuals can now directly control these platforms.

Earlier, some lawyers used to misguide and exploit their clients, but now with the help of technology, they can know what is going on and when is the next date of their case which is a great help to them.

Thus, legal discipline has never shied away from technological innovation and its application.

Case Law

1. Swapnil Tripathi vs Supreme Court of India (2018): In this case, the Supreme Court allowed video conferencing for depositing witnesses in criminal trials. This decision was taken to reduce the cost and time of trials and to make it more convenient for witnesses.

2. Arjun Panditrao Khotkar vs Kailash Kushanrao Gorantyal (2020): In this case, the Supreme Court allowed the use of Artificial Intelligence (AI) in the form of voice recognition technology recording evidence. This decision was taken to speed up the recording process and reduce the burden on court staff.

3. Mohammad vs State of Himachal Pradesh (2018): In this case, the Supreme Court allowed video conferencing for accused persons’ appearance in criminal trials. This decision was taken to reduce the cost and time of trials and ensure that accused persons who cannot appear physically in court are not denied justice.

4. Anvar P.V. vs P.K. Basheer (2014): In this case, the Supreme Court allowed using electronic evidence in courts. This decision was taken to make the trial process more efficient and to ensure that relevant evidence is not excluded from the trial.

Overall, these case laws show that the Indian judiciary is willing to embrace technology to improve its functioning and productivity.

Conclusion

Legal Technology has the potential to alter the legal sector by increasing the accessibility, efficiency and cost-effectiveness of legal services. Lawyers and Judges can now use technology to automate regular activities, manage cases more effectively and provide clients with more personalised services. Furthermore, online dispute resolution platforms can make legal disputes more accessible and affordable.

~Authored by Ankita Saha