Tuesday, May 21, 2024

The Application of Modern Technologies in the Legal Industry

 We are living in a digital age where Artificial Intelligence (AI) emerges as the most hyped among all currently. AI creates a vibe that it is human parallel intelligence although it is not in fact. The OECD defines AI as a machine-based system which has limited autonomy to make some decisions. It can be termed as complementary to human intelligence as it is made from natural resources with human intervention.

The legal industry has also become accustomed to the recent trend of AI-powered technological tools to expedite its services. However, applications of AI tech tools are quite uncommon in the legal profession in Bangladesh yet albeit it become popular in the US, the UK, Canada, Europe, Australia, China, and many other jurisdictions to do a range of routine legal works like data mining from large volume of document, contract review, pleadings writing, predicting timeline and outcome of lawsuits, pattern analysis, case management, law firm management, evidence analysis, document analysis, replying clients’ query through preprogrammed chatbot, triaging and allocation of matters, legal research, due diligence, risk assessment and even for adjudicating cases through automatic decision-making process. Consequently, it reduces the workloads, cost, and time of both the legal professionals and litigants as the technology-based tools can work promptly and tirelessly which also reduces the possibility of human error.

Nonetheless, digitalization of the legal sector is still an ambitious aspiration in Bangladesh whereas the government was successful to popularize the theme of ‘Digital Bangladesh’ and now has a vision to make ‘Smart Bangladesh’ by 2041. The whole judiciary is still operating in manual systems while it needs immediate adoption of useful modern technologies. It should transform the traditional approaches into digital not only to cope with the vision of the government but also to deliver a better service to the nation. Basic digitalization of legal services like e-case filing, e-track allocation, e-discovery, electronic case management, etc is not yet largely introduced in our court systems. Even elementary legal research like searching case laws from leading law reports electronically is not well organized and widely accessible in the country. Inauguration of effective tech tools in case filing, hearing, serial maintaining etc can reduce corruption and enhance accountability and transparency in the judiciary.

Although there are projects going on to deploy the latest technology-based solutions in the court processes in Bangladesh, still those are not fully implemented or are unsuccessful to address the issue. Nonetheless, there are some behavioural and practical barriers behind the non-digitalization of the legal industry in the country as well whereas the earlier Chief Justice faced protest from a group of lawyers while tried to convert the paper-based cause list into fully online for the Supreme Court case hearing. 

It is undeniable that there is a visible gap between modern technologies and the understanding among legal professionals (i.e judges, lawyers, court administrators, and staff) about how these tools work and how they can impact the fundamental principles of justice including transparency, access to justice, accountability and equality before the law, the openness of justice, procedural fairness, and efficiency. As a result, the stakeholders of the judiciary require comprehensive knowledge and training to deal with both the pros and cons of new technologies in their professional lives.

The subsequent couple of paragraphs of this article are going to exemplify various uses of tech tools currently in legal practice globally to make their profession less laborious although all of them get criticism from legal scholars simultaneously.

Legal professionals regularly review piles of files that waste a lot of time to find appropriate things. Finding necessary information in time is a challenge in the present system existed in Bangladesh for both lawyers and judges and it will be obviously chaotic when everything is preserved in paper-based files. E-discovery can be a solution through AI-driven tools to get instant information in seconds. E-discovery in law is the method of collecting, storing, reviewing, and exchanging information related to a case in an electronic format instead of keeping everything in the paper file. Moreover, with the aid of AI, it is possible to use filters and specific parameters, such as geographic locations or dates, when searching for data via AI-driven tools.

Additionally, AI algorithms can perform thorough searches and scans of databases of statutes, regulations, jurisdictions, case laws, and more what were done by junior lawyers earlier. AI software is also used to generate templates to automate the process of case record creation. In this process, filling in the details without the need to write everything from scratch can produce invoices, motions, agreements, pleading, bills, etc that enable legal practitioners to craft documents that are aligned with the data-driven insights. Moreover, AI can analyse previous landmark decisions rapidly to identify patterns in judgments, which can aid in projecting potential outcomes of similar cases. This prediction can debatably be advantageous in framing a legal strategy and settlement negotiations, offering lawyers and litigants valuable insights into the feasible direction a case may take.

However, there is a tension between the usefulness and risks of using tech tools including AI, Machine Learning, Natural Language Processing devices in the justice sector as they have inherent dangers in it too such as discrimination in the algorithm, bias and fairness concern, data protection, security of confidential legal data and privacy apprehension, compliance with the complexity of legal reasoning, expensive, insufficient access to internet, possibility to assist litigants by non-lawyers etc. On top of that, overdependence on technology may lead to injustice and diminish human intelligence and efficiency gradually. Therefore, this is high time to assess the prospects and threats that AI techniques present to the legal industry extensively.

Though legal professionals are slowly coping with the trend of technology, it is presumed that the use of AI empowered tools will be increased in the coming days in the judiciary. It is also questionably anticipated that full-fledged use of technology in the legal industry will alter the traditional atmosphere of the judiciary and encourage litigants to seek redress from court more conveniently. It will also give them comfort to file and conduct cases from convenient places as it will not always necessarily require physical attendance of them. However, we must apply tech tools in the legal practice with high caution and robust responsibly to maintain the standard of the profession and uphold the fundamental principles of justice.  

Published in the Daily Sun as Op-ed on 21 May 2024 on page 7.

Published in the Daily New Age as Lead Op-ed on 28 May 2024 on page 8.

Published in the Daily Sangbad as Lead Sub-editorial on 4 July 2024 on page 6.

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