Technology in Indian legal domain
With the acceptance and adaptation of technology in legal domain from past couple of decades, legal fraternity has come a long way from seeing cause lists posted on the notice board and getting the daily list at office and filing the cases in physical form to getting email/SMS notifications for the hearing and filing cases and searching the case details online. In the citation too, from turning hundreds of pages in various volumes of judgment reports to just hitting the search button with appropriate keyword technology has made life a lot easier. But is this enough to improve the efficiency of the fraternity, legal delivery system, and courts/tribunals?
The answer is quite clear if we are to see the pending corpus of cases waiting to be disposed at various courts. As this blog is written(on 25/04/2019) there are 43 lakh cases pending in High courts and 2.94 crores cases pending in lower courts. The goal of the tech adaptation - to make the system more efficient and enable it to deliver justice faster - is not any closer.
Also, tech adaptation is far behind in the legal domain compared to other domains like Tax, Banking, etc. Hence, this domain and stakeholders or key players need to come together to improve the situation.
There are many ways to improve the adaptation at the individual, institution and at state levels. Let us dwell deeper into this.
Fundamentally there are 2 main areas where tech intervention helps a great extent in improving the efficiency of all the stakeholders and making their life easier by enabling them to focus more on legal aspects of their work than on unwanted system induced non-legal work. The 2 main areas are,
1. Research and building a legal knowledge repository
2. Comprehensive practice management.
Research and Knowledge Repository building:
Advocates keep building their research database with their interpretation of law, judgments or orders as they grow. An advocate who wants to be effective in this will make this database reusable by his team by bringing in some standards in building and searching.
The first time a judgment or an act is read by someone in the team, he will be creating a knowledge base through an interpretation for that judgment or act and any further references to the same act or judgment by anyone will be using the existing interpretation/notes and if that suffices his/her research time will be completely saved. If not, he will try to study the same law or judgment in a different interpretation and update his findings along with the existing one.
This corpus keeps building as said earlier and managing this in an easily searchable and shareable manner across different teams will be the key. Also, this has a precondition on access to a huge repository of historical judgments of all the courts and tribunals, various laws of different states, etc.
A tech solution has to keep all these in its requirement and how efficiently it manages this determines its success and adaptation. In the era of Artificial Intelligence and Machine Learning, this section of the legal domain has a lot of potentials to embrace the latest technology and make life better for Advocates in India.
Comprehensive Practice Management:
A practice management software which comprehensively addresses various aspects of practice is it litigation or nonlitigation improves the efficiency of the individual advocates and law firms drastically. In #1 above, a precondition was on access to the huge corpus of historical judgments and various state laws. But, here dependency is on a lot of players/institutions who generate data and on which advocates are dependent. All the courts starting from lower courts till Supreme court, various tribunals, Consumer forums are to be integrated and the data from them to be made available seamlessly. And various components of Case management software - Clients, Cases, Advocates, Firm, Cost, Effort, Invoice, Files, etc. - has to be integrated and information flow across different stakeholders has to be accurate and seamless.
With the availability of a cloud-based SaaS model of software applications and various software services, a tech solution for this has become more economical and only advocates fraternity now has to shift gears to embrace it. The only hindrance as it is seen today is the lack of standardization of the data format from various courts and even worse non-availability of some of the court's data. Also, even if enterprises or advocates are ready to pay for the service, the courts are not providing the same yet. Bridging this gap is the key to the success of the tech solution and brings in a great change in practice management and speeds up the judgment delivery.