Access to justice involves providing everyone in a community with the ability to have adequate and comprehensive representation in the legal process. It touches on the ability to be “present” during proceedings, to have enough information to make informed decisions, and to be able to be represented in court. Technology is one hope for closing some gaps in the legal system and increasing accessibility.
The current impact of technology on court access and its potential ability to increase access further was explored by a group of four panelists in a recent webinar from ABC Legal Services, “A New Day in Court: Technology and the Legal System.” Panelists from ABC Legal Services included Sascha Mehlhase, Vice President of Product; Brandon Fuller, Chief Technology Officer; and Radley Angelo, Head of Customer Success. The discussion provided a mix of ideas around technology and how it can improve access to justice from the perspectives of the courtroom, the law office and the public. The following are key takeaways from their conversation.
WHAT ARE CURRENT TRENDS IN LEGAL TECHNOLOGY AND ACCESS TO JUSTICE?
A core principle of access to justice is physical access to the court system and a trial. While technology was making some headway in that regard through telephonic hearings, Brandon Fuller notes the pandemic accelerated the acceptance of technology — necessity overwhelmed historic reluctance. He points to the adoption of videoconferencing for certain court services during times of social distancing as a prime example of technology opening new doors for clients as well as lawyers. His team at Docketly, which provides appearance counsel services, has seen this shift firsthand.
“We saw people that previously couldn’t get to a particular court hearing because it was far away from where they were being able to use these systems to join. [Lawyers] could go and get on a Zoom conference, and not have to get on a plane, to fly up to practice somewhere in their own state.”
Fuller warns that courts will need to be cautious about adopting existing public solutions, which may provide a quick fix for now but were developed without court privacy and processes in mind. He hopes that this technology can be explored further by courts that will customize solutions to truly fit their needs and better serve the legal process.
HOW CAN TECHNOLOGY SHAPE INFORMATIONAL ACCESS TO COURTS?
Sascha Mehlhase spoke about the implications of the digitization of courts, of the concept of the court coming to be more of a service than a place. Of particular note for Mehlhase is the “consumerization” of the courts in China. The “smart court” system in China has allowed the average citizen to make informed choices around their case by placing known information into a system that provides a predicted result should the case be pursued in the court. He additionally credits this technology with supporting court infrastructure in China through the pandemic. The courts were well-equipped to deal with fully remote legal processes with e-filing and videoconferencing solutions largely already in place.
Finding impactful ways to incorporate technology in the legal process will be key to not only providing access but also making the process feel accessible and comfortable for legal clients.
Technology adoption in the U.S. court system has not yet reached this level of sophistication, though Mehlhase says that the focus on clients and data has made its way into certain parts of the legal services sector. In such companies, technology and automation tools — like artificial intelligence (AI) and document management systems — connect data between courts and legal clients to provide a secure, transparent transaction. The panelists discussed transparency and security at length during the webinar, underscoring the need for balance to create accessibility without compromising client trust.
