Credit for podcast goes to Robert J. Ambrogi, who posted this on 13/04/2020
Susskind addresses the effect of coronavirus on the legal profession before discussing online courts.
- Coronavirus radically changes the trajectory of the legal profession. Susskind lists 3 factors that bring about change in the legal field: efficiency, new providers in the marketplace and technology impacting law. He states he should add coronavirus to this list.
- Susskind emphasises changes and implementation of technology are largely regarding contact and collaboration not the way in which we perform legal tasks themselves. i.e. how we meet not how we work.
- Susskind believes many firms will struggle but those with savings (particularly the largest firms) will see lesser effects. There will be a loss in legal work but when the economy recovers, there will be an upsurge in work.
- Hesitation towards technology is being overcome by the necessity to do so brought by corona.
- Judges are amazed at extent of current online courts. Susskind wants to take this further although the advancements made in this area during the pandemic has been much faster than he anticipated the technology would be adopted.
- Remote Courts Worldwide track the development of remote courts worldwide, site is available at:
- There are 3 types of remote court:
- Audio hearing – conducted via telephone call
- Visual hearing – conducted via video call
- Paper hearing – files received and reviewed by judge digitally before giving judgment
- Within this, there are two types of audio and visual hearings, one where some attendees are participating through telephone or video calls and one where all attendees are participating through telephone or video calls.
- It is difficult to make changes when businesses are running at standard levels, coronavirus has slowed this pace, allowing for changes to be made and virtual courts implemented.
- If the rule or law and the need for courts to be closed are both accepted as necessary, an alternative to physical courts is needed. Susskind believes this is, increasingly, being accepted.
- Susskind looks to combine ODR systems with the existing court system rather than viewing them as an alternative
- Online judging – Making decisions based on evidence the human judge responds to without any oral or video hearing. This is particularly helpful for low value disputes.
- Extended court – The idea that the online courts should provide users with legal advice to help those who cannot afford legal advice or representation. This would make the legal system more equal and accessible than the current systems, better serving the majority of the people.
- Physical, audio and visual hearings require all parties assemble simultaneously, paper hearings do not require this, making them more accessible.
- Potential risks of online courts
- Transparency and open justice
- There is a difference between real time transparency (ability to observe) and information transparency (ability to observe information about the case). These are being increasingly improved in online courts.
- Susskind believes transparency and open justice will improve with online courts
- Can an electronic trial be fair
- Susskind believes this is down to an assumption physical courts are crucial to justice but believes online courts are more just than purely using physical courts
- Transparency and open justice
- Data collection for virtual courts will be used for studying where online courts are beneficial to best utilise the technology without sacrificing justice.
- Above is details for the 1st generation of online courts. The 2nd generation of online courts would feature AI making some more routine decisions.
- Prediction as determination – Parties with clearer, routine cases will be given the choice to have their case determined by AI based on past court decisions and predicting what the likely outcome would be, this would improve efficiency and put less strain on judicial systems.
- Susskind determines that in the coming years, the majority of cases will take place in online courts.
Any mistakes, innaccuracies or misrepresentations are entirely my own error for which I take sole responsibility and will rectify upon becoming aware of the situation.
Rachel Lawson – I am a 2nd year Scots Law student at the University of Dundee, the 2019 recipient of the Harold How memorial award (for most meritorious first year law student) and have an avid interest in how the legal field will develop in the coming years and technology’s impact on this.
Law, Technology and Innovation 