The legal space was for several centuries shrouded in the mystery of long robes, wigs, undecipherable jargon, strict traditions, protocol and endless bureaucracies – and in many jurisdictions, it still is. These systems were put in place to ensure that the profession remained sacrosanct and well regarded by the public, especially since this regard was required to preserve the dignity of the judiciary. In addition to this, the legal profession has also been historically averse to change and embracing technological advancements that could make different aspects of proceedings easier or more efficient.
Modern Tech
The good news, however, is that technology has continued to make a convincing case for its adoption and some change has been achieved in many different jurisdictions. More legal systems are beginning to realize that these uncomfortable, cumbersome and showy practices are not required to preserve the dignity of the profession. It has also been realized that these practices might have unintended consequences, such as preventing underprivileged people from accessing justice.
Today, using websites, apps and phone calls, people are able to get the help they need such as legal advice, templates for legal documents, legal representation and even online bail bonds. While this progress is one that should be acknowledged and celebrated, we still have a long way to go as a collective before we can claim that the legal space is truly open and accessible.
As recently as 2017, a study showed that up 86% of the civil legal problems reported by Americans with low-income in the year received inadequate or no legal help. The issues ranged from minor issues on convenience to those that significantly impacted their quality of life, wellbeing and security. There is a responsibility on both legal systems and innovators to ensure that people are able to get the help and technology they require to access high quality legal services and make the legal proceedings more efficient.
Here is how technology has been helping so far.
Information
Access to information is a crucial benefit of technology to law. It is also the most common way technology is being used to improve access to legal services and justice.
Individuals, organizations and even lawyers can access useful information of legal issues that apply to them, precedents, libraries, research papers, journals, legal opinions and advice with simple clicks on their computers. They can also access useful knowledge on their rights and privileges and what to do to protect them.
Court Proceedings
Technology has impacted court proceedings in several ways. For one, it has ensured that people are able to quickly access justice by eliminating avoidable delays. Secondly, it has made legal proceedings less exhausting for parties, their lawyers and the court. This has been achieved through the digitization of several processes from filing a case and serving court processes to making oral submissions, presenting evidence and examining witnesses.
The COVID-19 pandemic catalyzed the adoption of technology in court processes across the world, including countries with very conservative judicial systems like Nigeria. In the middle of the lockdown, in order to prevent the shutdown of the entire justice system and to accelerate access to justice, several lawyers and individuals were allowed to have court proceedings done on Zoom and other video conferencing platforms. While there were a number of problems encountered, it has created conversations and opportunities for optimization. Now that the world has opened up more, many courts are adopting a hybrid of virtual and physical court sessions.
Recordkeeping and Documentation
The entire review of evidence stage in trial is dependent on the quality of records kept by the court. In more traditional jurisdictions, judges record everything a witness says in writing verbatim. Lawyers would often be heard urging the witnesses to slow down their speaking to enable the judge to take accurate records. In some other jurisdictions, records are taken by a stenographer or court reporter. These records end up being what judgements and appeals are based on. So, their accuracy cannot be compromised.
Human limitations in speed, accuracy, fatigue and even distraction often translates into low quality records, delay and waste of time while recording. The use of audio and video recordings instead and transcribing technology has made it easy for courts to keep accurate records and avoid the delays that characterize human real time records.
Connecting Individuals to Lawyers
There are several platforms dedicated to providing people with details on experts in the subject area they require legal assistance in. Those in need of legal representation or consultation can find high quality legal services near them by a simple search on the relevant platforms.
There are also platforms that connect individuals with lawyers who can take up their issues and provide support without charge or at a subsidized rate. This way, individuals who are unable to afford legal services are still able to access justice.
With the global increase in new legal services patents, it can be expected that more exciting technological innovation will be introduced to continue the revolution of the legal space.