Covid forced courts to adapt to remote working. And they did remarkably well considering the extent to which court processes rely on physical interactions. We need to use this opportunity to radically re-imagine dispute resolution. We can move to written advocacy, use artificial intelligence to make better decisions about litigation strategy - such as the chance of success of an appeal.
We need to radically reimaginine India’s justice delivery system by leveraging digital technology. We should propose written advocacy into the dispute resolution workflow and rely on data-driven reports to inform litigation strategies. How much we can transform is only limited by our courage.
The Indian judicial system is in dire need of reform, with cases piling up and delays becoming a norm. While some digital information exists, the system remains largely analog, lacking crucial metrics and insights. Agami, an organization supporting legal innovation, is working to build a repository for legal data sets, aiming to develop a cloud storage system for collecting, storing, and updating legal data. This project is seen as a first step towards using data to understand and address the inefficiencies in the Indian legal system.
Lawyers often struggle to advise innovative tech businesses due to their risk-averse, backward-looking training. They focus on legal risks, ignoring potential upsides. Modern businesses need lawyers who assess risks realistically, understand regulatory reactions, and advise based on future legal landscapes. Legal education needs a paradigm shift towards solution-focused, forward-thinking training.
Algorithmic sentencing, using machine learning to assess recidivism risk, has demonstrated consistent outcomes. But is not without flaws, sometimes reflecting human biases. Despite imperfections, I believe algorithms can introduce objectivity and be fine-tuned to reduce biases, making them more reliable than human judgment.
