The disruptive nature of Information & Communication Technologies (ICT) affects all aspects of human endeavour including legal research activities and processes. ICT is seen as a great potential tool, catalyst, enabler or enhancer in supporting research work of any kind, access to justice, most importantly in terms of improving timely delivery and efficiency in judiciary system, Emerging development and advances in the ICT have led to the availability of a range of primary and secondary legal research publications in the cloud or online via the Internet, rather than on other storage devices such as compact discs or publications in the print media. Not only has (ICT) impacted on the availability of legal information resources, but its effects are also noticed in various law related areas such as legal practice management, legal education, corporate governance and the law. In this article we shall discuss the use of computer in legal research.
Computer:
A computer is an automatic machine which can do calculations, write and solve complex problems. But in modem sense, computer usually means electronic machines capable of receiving, storing, manipulating and yielding information. Since 1946 when the first digital computer was invented, has undergone tremendous change. The first computer was termed as the first generation computer. The present day micro-computer is more powerful and is comparatively cheaper. The advances in computer technology are usually talked in terms of generations. Today we have the tenth generation computers at our disposal. A computer has three main parts namely: (a) Input Unit; (b) Central Processing Unit (C.P.U.); and (c) Output Unit.
Advantages of Computer:
- Multitasking: Multitasking is one of the main advantages of computers. A person can do multiple tasks, and multiple operations at the same time, and calculate numerical problems within a few seconds. The computer can perform millions or trillions of work in one second.
- Speed: One of the most advantages of computers is their incredible speed, which helps human to finish their task in a few seconds.
- Huge Storage Capacity: The pc has an in-built memory where it can store an outsized amount of knowledge. You can also store data in auxiliary storage devices. A person can save huge data within a coffee budget. A centralized database for storing information is a major advantage that will reduce costs.
- Diligence: It functions tirelessly without losing concentration unless something goes wrong in the system or is affected with virus. Completes tasks that might be impossible for humans to complete.
- Accuracy: One of the essential advantages of computers is they will perform not only calculations but also with accuracy. It produces results with a very high degree of accuracy if accurate instructions are given to it. The results produced can be relied upon because of the error detecting techniques.
- Communication: The computer helps the user better understand and communicate with other devices.
- Productivity: The level of productivity gets automatically doubled as the computer can do the work very fast. One of the key advantages of computers is their ability to automate repetitive and mundane tasks. This automation frees human resources, enabling individuals to focus on more creative, strategic, and value-added work. Automated processes improve productivity, reduce errors, and streamline operations in various industries.
- Improved Decision Making: Computers assist in data analysis, enabling businesses and individuals to make more informed decisions. With powerful algorithms and artificial intelligence, computers can process large datasets, identify patterns, and extract valuable insights. These insights contribute to better decision-making in business strategy, financial planning, healthcare diagnostics, and scientific research.
- Reduces Workload: Information is often accessed by more than one person with the necessity for work to be duplicated.
- Reliability: Computers can perform the same sort of work repeatedly without throwing up errors thanks to tiredness or boredom, which are quite common among humans.
Disadvantages of Computer:
- Inadequate Intelligence: A computer is an artificial mechanism or object lacking the same intelligence level as humans. They behave as programmed machines that rely primarily on the input we provide. The PC software is set up so we may get the required result.ย When given tasks or jobs, they analyze them and carry out the activities as directed. If the information provided to them is erroneous or inaccurate, you can be sure that the result will also be incorrect. They cannot make any logical decisions independently due to their lack of intelligence, which is defined by this.
- Virus and Hacking Attacks: A virus may be a worm and hacking is just unauthorized access over a computer for a few illicit purposes. Viruses can go to another system from email attachments, viewing an infected website advertisement, through removable devices like USBs, etc.
- Power Dependency: A power supply is necessary for the desktop computer to turn on and perform fully. The PC greatly depends on electricity to carry out its essential functions. Even though UPSs [Uninterruptible Power Supplies] is available as a backup power source, the fact that computers are so heavily dependent on energy is still seen as a significant negative and restriction of computer systems.
- Online Cyber Crimes: Online cyber-crime means computers and networks may have been utilized in order to commit a crime. Cyber stalking and fraud are the points that come under online cybercrimes.
- Reduction in Employed Opportunity: Mainly past generation hasnโt used the pc or they need the knowledge of computers they faced an enormous problem when computers came into the field.
- High Initial Cost: Computers are expensive. Even the foremost affordable computers are still very expensive for the typical person in South Africa. Since computers empower people.
- Distractions/Disruptions: If youโve got ever spent hours browsing the web or watching videos on YouTube, then you recognize how distracting computers can be! Because of their high entertainment value.
Use of Computer in Legal Research:
Legal research involves systematic examination of problems relating to law within appropriate methodological framework. It deals with study of different aspects of law such as principles, theories, process, historical development, comparative status, functioning of judiciary, justice delivery, among others. The systematic investigation of problems and of matters concerned with law such as codes, acts etc. is legal research. Judges, lawyers, Law Commissions and researchers constantly do research in law. Moreover, legal researcher can even go beyond the pure legal issues to study practical problems of the outer world in relation to law. Legal research can be broadly classified as doctrinal and non-doctrinal legal research on the basis of focus of the study โ whether it examines theoretical and analytical aspects of ‘law as it is’ or it observes relevant social facts interrelated with law. Not all areas of law require the same amount of research, but competency in legal research remains indispensable to any lawyer regardless of their areas of specialization or type of practice.
Importance of ICT:
The use of ICT tools or artefacts can enhance and help legal researchers in the following legal research-related activities or processes:
- information source
- Gathering relevant information
- Critically analysing the gathered information
- Verifying and authenticating the analysed information
- Managing and storing the information
- Use the information to communicate and extend knowledge across subject fields
- Link to an individual database for more specialised searching
- Receiving knowledge in a common format
- In pre-data analysis, it helps in literature search, content search, literature tracking, etc.
- Helps in quantitative and qualitative data analysis
- Helps in plagiarism detection and manuscript submission
Use of ICT:
Online Legal Research:
Many legal projects require extensive legal research, including references to previously decided cases. Traditionally, companies such as All India Reporter printed volumes of case laws, requiring attorneys to read through keyword indexes to find relevant cases. For centuries law was read from books, and the legal professional needed to learn how to master these books. Legal professionals have begun to use computers and computer networks. Now, online legal databases such as AIR Online, LexisNexis and Westlaw make the process of searching for case law, legal forms and treatises much easier. The ability to search this data very rapidly and make selections there from and the ability to manipulate the data to produce in a format useful to the individual researcher. Computers do facilitate the Legal Research work. Innumerable data can be processed and analysed with great ease and speed. Moreover the results obtained are generally correct and reliable. Even the Design, Pictorial Graphing and Reports are developed in Legal Research with the help of Computers.
Computer as a tool of Research:
ln modern times, a computer has become an important tool of research. It is very useful for data analysis concerning Legal Research projects. It can also solve logical problems, carry out economic planning and forecasting and can store large volumes of data. Computer helps in storage and retrieval of information at greater depth and range
Use of Search Engine in Computers to get Legal Information:
A search engine is an internet site which stores the information about almost all the branches of knowledge and after receiving the search request, compares it to the entries in its store and presents the required matter to the searcher. E.g., Google, Yahoo, Fire Fox, etc. A search engine is a service providing website consisting of organised and information provided by different web publishers. A Legal Researcher can get information on any legal issue through Search Engines.
Use of E-mail for Communication:
Information Technology has developed a lot and e-mail facility helps the Legal Researcher in communication with other persons like Informants/Respondent in Legal Research and the communication data in emails creates as credible information in Legal Research.
Computer Assisted Legal Research (CALR):
Computer Assisted Legal Research is mode of Legal Research that uses databases of Court opinions, statutes, and secondary material. Electronic databases make large bodies of case law easily available. Computer Assisted Legal Research is very useful to Legal Researcher and Legal Researcher can retrieve legal information very easily. CALR services contain the full text of Statutes and Legal Periodicals.
Legal Research Programme:
The Legal Research Programme are very useful to Legal Researcher in his/her Legal Research. Legal Research Programmes are as follows:
- Lexis Law Coding
- West Law Coding
Use of Computer in Electronic Document Filing:
The Supreme Court, High Courts and District Level Courts now use the internet for all their case filings. Lawyer need computers to access these online portals, where they can file lawsuits and any documents they need to file within that lawsuit. IT has provided many facilities to perform the legal judicial task in an easy and efficient manner. With the advent of internet technology it becomes so easy to represent the task very effectively.
Advantages of Computers in Legal Research:
The Advantages of Computers in Legal Research are as follows :
- The use of Computers in Legal Research may save money and it is less expensive than manual research.
- The use of Computers in Legal Research can eliminate the need for printed sources and save shelf space for Legal Researcher.
- The use of Computers in Legal Research is very flexible since Research data can be accessed from a variety of location.
- Another advantage of the use of Computers in Legal Research is the ability to perform a computer word search. Computer word searching is great when searching for uniquely identifiable information that must be found quickly.
- With computer technology, a legal researcher can search millions of pages of documents for a particular word or phrase.
- The computer read in second’s or minutes its database to find that word or phrase. A database is a compilation of searchable information found in a computer’s memory.
- After a search, the computer can display a list of citation of relevant documents or display the full text of the documents on the screen. The unique feature of computer research is the way in which a user can browse applicable documents once the search has found them.
- Computer can provide Legal Researchers with new information more quickly than other means. A computer also can used to update changes in the law, and to tell whether a case has been overruled by another case or whether a statute has been amended or repealed.
- Another benefit of Computers in Legal Research is that the text of anything typed in the computer can be stored the forever. It can be changed, modified by the Legal Researcher up until even the last day before the text is finally printed. Very obviously, there does not arise any need of re-writing the entire text.
- The Computers help the Legal Researcher to modify his thesis to publish in a book form by bringing changes according to the format of a printing book without much labour
AI Enabled Legal Research:
AI-enabled legal research software can analyse a massive amounts of legal information and provide relevant and accurate results in a fraction of the time that it would take a lawyer to do. It can also improve the accuracy of legal research, as well as reduce the time and cost associated with the research.
AI is transforming the legal industry and lawyers need the required skills to remain competitive in the age of AI. Thus, AI is forcing legal professionals to be ‘tech-literate’ because it is not a passing fad. To mitigate this, Lawyers will also need to develop new skills in data analysis and interpretation. One of the most important skills lawyers will need is tech literacy. Lawyers will need to understand how AI works and how it can be used to improve legal services. Lawyers will also need to develop new skills in data analysis and interpretation. Another important skill lawyers will need is the ability to communicate complex legal concepts to non-experts.
Conclusion:
The ability to conduct legal research is one of the many essential skills a lawyer needs in legal practice. The proliferation of electronic legal resources and ICT tools has heightened the legal profession’s awareness of the importance of ICT-related research skills for lawyers. Lawyers who are often pressured for time could benefit greatly from skills that would allow them to utilise the full capacity of ICT in their legal research activities. The availability of digital legal research tools has clearly influenced the threshold of the skills required for the mastery of legal research in this digital age. These include advanced proficiency in the use of ICTs, competency as competitive legal researchers, and razor-sharp in law firm information and knowledge management.