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DNA Legal Tips: Virtual hearings: a new normal for the Legal Industry

It was only a matter of weeks that the antiquated way of doing things in law gave way to digital transformation.

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Even though digital transformation has been on the charts for several years, the legal industry scarcely took note of it and remained largely unprepared for it when the COVID-19 health crisis hit in March last year. As a result, when technology became an operational lifeline, the entire legal ecosystem got affected- the consumers, the providers, the academic system, the judicial system.

Legal culture did not have much time to process the new change in its mode of functioning as the virus went on to cast a harsh light on the outdated way in which justice is dispensed, law is taught and legal services are delivered. But what thi demonstrated was that when push comes to shove, entrenched methods of delivering legal services can be altered. It was only a matter of weeks that the antiquated way of doing things in law gave way to digital transformation that was long resisted by the legal establishment with astonishing speed, ease and acceptance.

First and foremost, it was the Courts that mutated to an online hearing system by permitting e-filing and introducing video hearings. Chief Justice of India
S.A. Bobde swiftly transitioned the Top Court into online hearing mode managing a continued access to courts and thereby justice. As the courts resorted to the virtual domain to dispense justice, the Bar responded with equal readiness to the crisis. The result of this adaption has been rather interesting. Whereas earlier advocates had to physically go to different cities to appear in the courts of that jurisdiction, because of virtual hearings they can appear in any court in any part of the country sitting in one room. Senior advocates have keyed up multiple screens each connected to different court rooms all over the country. Increased access has led to exponentially enhanced opportunity for lawyers, but there are also those lawyers who have suffered. The
junior lawyers especially have found themselves disadvantaged because they are briefless without the physical court rooms.

For good or for bad, law has been propelled into the digital age by the pandemic and is working to reshape its land scape. The virus has managed to harness
the potential of under-utilised tools and alternative work paradigms long resisted by the old school nature of the legal culture. Video conferencing technology has created an easier access to the judicial system. High quality secure video conferencing technology for example, is connecting those in remote geographies, as well as those with disabilities, budgetary or travel limiting restrictions, to the legal system wit convenience and minimal costs. In British Columbia, Canada for example judges are nearly always available no matter how remote their location is because the judge can easily be connected to the necessary court via video conferencing.

In King County, Washington, persons pending mental health commitment can appear remotely from medical facilities. Already, in numerous locations worldwide and in India, arrested persons receive their rights and conditions for release from magistrates and judges remotely, saving prisoners the need to be transported to court with security precautions while also expediting the process and saving money. Video Conferencing technology enables better witness protection services for victims of crimes, particularly those who have been battered or abused or those who have escaped from human trafficking, and who may be traumatized or threatened to face the accused in court.

This potential of technology and its ability to support greater efficiency is already on display, but there are several other reasons why the legal industry can turn more to remote work forces. Video conferencing technology can speed up the justice delivery process. The time spent traveling to and fro court gets eliminated in appearing virtually, which allows for greater productivity for judges and lawyers. 

With less time spent in travel to the courtroom, more cases can be handled and at  faster pace. This enhances the justice experience for citizens as they spend less time waiting for the legal process to unfold and for the decisions to be arrived upon that often have major impacts on their lives and businesses. Digitization also permits sharing of critical court resources. For instance, sharing regional language or sign language interpreters. Given the large number of languages spoken in our country, its critical to share these human resources to ensure that the right interpreter, especially  a court certified interpreter, is available when and where needed. In many instances this enhances the opportunity for a fair hearing when used as the norm.

Embracing technology in this manner would scarcely have been deemed possible before the pandemic hit. As far as the legal industry is concerned, a fundamental change has taken place in the functioning. There are still roadblocks that we are yet to overcome like that of access to justice becoming dependent on  technology. Litigants, as well as lawyers who do not have access to technology find it hard to access the court system without it. Some work has been done in this regard by setting up of kiosks in various districts, but much remains to be done. Technology does improve the inaccessibility and reduce the cost of travel to an extent, but court formality, and obtuse rules still exist that need to be streamlined more in alignment with life in the digital age.

The author is an Advocate in Supreme Court

(Disclaimer: The views expressed above are the author's own and do not reflect those of DNA.)

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