Introduction:
The technology in today’s world has showcased a drastic change in all the activities in the present market and society. It has played a huge role in changing the standards of the economical market where the professionals are often completely forced out. On considering the legal side, the lawyers are slowly being displaced with the innovation on the technological side.
Technology has gone a long way in helping the lawyers from the usage of Microsoft Word and Excel to new programs that help them meet their client’s needs more efficiently. ‘Contact Express’ is a program that compiles a set of codes into a draft contract by the use of a question and answer format.
The traditional contract is transformed into smart contracts with the help of ‘blockchain’ wherein a document which is private becomes accessible to the public and makes it unfortunate to the parties in a contract to commit a breach or back out. Neota Logic is a company that deals from case assessment to client advice through automatic programming.
Legal Personality
Legal personality is an artificial notion. It is basically defined as the post to hold and exercise rights as well as to sustain & perform duties. It has the capacity to hold property, sue, and be sued. Certain non-human entities also have legal personality.
Natural persons are legal personalities who have certain rights, duties, and are able persons who can determine their own legal situation. This ability is expanded to the entities that group together as individuals having common interests namely the commercial entities and states. These are the artificial persons who stand in support of human beings named as legal persons. [1](Atabekov,2018)
Artificial Intelligence or AI
AI or Artificial Intelligence has the ability to communicate, achieve recognized goals and a level of creativity, obtain knowledge of oneself along with the outside world. The characteristics and abilities of IA is an outcome of the codes and programs framed by the human beings.
Cognitive processes are performed by the artificial intelligence in order to attain identified aims; this mere function does not vest them the legal personality as they are backed up or controlled by humans. A robot equipped with an AI will not perform a prohibited act to achieve its own means unless there is a human’s intention behind it. They will also not be held liable for the damages caused. The codes of AI may comply with certain rules but they cannot be held responsible. The main distinguishing factor between a human and a robot is that humans tend to understand & follow the rules of a society along with their potential to feel emotions which is not possible by robots. The concepts of freedom of expression, morals, and responsibility does not come within the scope of Artificial Intelligence.[2](Turner,2018)
Legal Rights and Responsibilities
The rights and obligations of AI comprises of the following:
- Separate Legal Personality: It means that an AI can exist as a separate entity where it can own property, enter into a contract, operate a bank account to perform legal proceedings, and to employ people to assist it.
- The ability to own and dispose of assets: AI can own assets and properties and can sell them off if they have a legal personality.
- Right to sue and be sued: An artificial intelligence can sue or be sued only if they have a legal personality. In places or countries where an AI is granted legal personality by law, then can perform legal proceedings or can be sued by another party for any breach. In places where it is considered as a product or service, the ability to sue or be sued on falls on the manufacturer of the AI.
- Freedom to certain expression: Freedom of certain expression exists in the AI according to the Charters of EU wherein an online environment machine can be used for learning of personalization, demotion of fake news or disinformation, the automated blocking of illegal content, and the enforcement of the rights to be forgotten is possible.
- Prohibition or protection of speech: The AI has a right to freedom of expression where they can spread the information and can enforce the rights which are on the verge of being forgotten.
- The ability to conclude contracts in its name: Certain AI who has legal personality has the ability to enter into contracts which has made it easier for the humans. [3](Atabekov,2018)
Limitations
The rights granted to different legal systems of companies may not be transferred onto the AI directly. There is a limit to the rights granted to an AI such as the right to vote and marry is not within its scope. Even the right to life of a human being can be restricted in particular situations where a police shoot a human in order to avoid something dangerous. Sometimes the rights of AI may not comply with the other legal concepts and might end up being subject to an adjudication of law. Thus balancing of the rights of AI with that of the legal persons existing is a hard task.[4](Agnieszka,2018)
Impact over law
Cloud software and remote desktop programs have made it possible for the legal professionals to perform their work from home. These developments are outdated as compared to the present. The necessity of a law team in a particular building has been struck off with the establishment of F-lex, barristers, paralegals, and freelance law students.
The traditional approach or relationship between lawyers and the clients has gone through a vast change with the development of LawFlex where it employs a notion of putting the clients and the experienced freelance lawyers connected. These changes in the technological field might reach a situation where lawyers are no longer essential for the clients. Due to the technological advancement, the automated programs and AI will soon replace the logical programs and lawyers. But technology and AI can only take over if the clients who approach are also robots.
The future law candidates who are experienced in using the day to day technologies will be preferred. The necessity of interaction with the clients, the ability to know them, communication skills, and the experience in designing a unique solution to their problems can be done only with the help of lawyers.[5](Swinson et al,2020)
Examples
To file claims for individuals of Russia, a robot lawyer was introduced by Sberbank. In order to settle the disputes of insurance, a robot named GlavstrahControl was initiated. Contact Express’ is a program that compiles a set of codes into a draft contract by the use of a question and answer format. The traditional contract is transformed into smart contracts with the help of ‘blockchain’ wherein a document which is private becomes accessible to the public and makes it unfortunate to the parties in a contract to commit a breach or back out. Neota Logic is a company that deals from case assessment to client advice through automatic programming.[6](Agnieszka,2018)
Case Laws
A robot named Sophia was granted citizenship in Saudi Arabia which is a country that grants only limited rights to a woman. In October 2017, this robot was granted or deemed the title of AI or a robot as a legal personality. Soon after this, a district in Tokyo named Shibuya proclaimed of the residency granted to the AI system.
In February 2017, certain recommendations or opinions were passed on the Civil Law Rules on Robotics by the European Parliament. In Japan under a special regulation, a permission for residence was granted for the Shibuya Mirai, a chatbox. This special regulation granted was contradictory to the laws of residence permit in Japan. Citizenship granting in Japan is regulated by the Law on Citizenship of Japan. The Citizenship Law of Japan states two options of obtaining a residence permit which is either in case of being born in Japan (or the parents holding citizenship there) or in case of neutralization;ie; the person should have been residing in Japan for 5 years or more. [7](Atabekov,2018)
Conclusion
It is a probable fact that the innovation in the technological field will continue to reflect the needs of a client. Artificial Intelligence or AI is set up to bring in a change in the way the lawyers work by making the tasks of drafting and legal research more organized cost-efficient. Nevertheless, the clients will always prefer a legal advisor who has experience and expertise in the area of new technology to the client’s advantage along with preserving a distinctive inter-personal relationship.
References:
[1] Atabekov, A., & Yastrebov, O. (2018). Legal Status of Artificial Intelligence Across Countries: Legislation on the Move. EUROPEAN RESEARCH STUDIES JOURNAL, XXI(Issue 4), 773–782. https://doi.org/10.35808/ersj/1245
[2] Turner, J. (2018). Legal Personality for AI. Robot Rules, 4, 173–205. https://doi.org/10.1007/978-3-319-96235-1_5
[3] Atabekov, A., & Yastrebov, O. (2018). Legal Status of Artificial Intelligence Across Countries: Legislation on the Move. EUROPEAN RESEARCH STUDIES JOURNAL, XXI(Issue 4), 773–782. https://doi.org/10.35808/ersj/1245
[4] Agnieszka Kraińska. (2018, July 5). Legal personality and artificial intelligence – newtech.law. Newtech.Law. https://newtech.law/en/legal-personality-and-artificial-intelligence/
[5] King, Swinson, W. M.-J., Slater, R., & Fouracre, K. (2020, March 20). AI Guides | AI & Legal Personality | Lexology. Www.Lexology.Com. https://www.lexology.com/library/detail.aspx?g=1d63dddb-05e8-4982-9cde-e3b4cfbbe83e
[6] Agnieszka Kraińska. (2018, July 5). Legal personality and artificial intelligence – newtech.law. Newtech.Law. https://newtech.law/en/legal-personality-and-artificial-intelligence/
[7] Atabekov, A., & Yastrebov, O. (2018). Legal Status of Artificial Intelligence Across Countries: Legislation on the Move. EUROPEAN RESEARCH STUDIES JOURNAL, XXI(Issue 4), 773–782. https://doi.org/10.35808/ersj/1245
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