This archive report was first published on 9 July 2020.
Study Urges Legal Firms to Embrace Digitization ¶
Published on July 9, 2020, a study by DLA Piper emphasizes the importance of digitization for the legal profession to stay ahead of the curve.
As the COVID-19 pandemic accelerated the adoption of virtual hearings, the study examined the use of virtual hearings across the world, covering court litigation, arbitration, and public inquiries.
Respondents noted that while virtual hearings offer many benefits, complex commercial disputes may not be suitable for remote hearings due to the need for detailed technical presentations.
The study also highlighted differing levels of preparedness among national courts in various jurisdictions, with some courts adapting quickly to virtual hearings.
Automation driven by artificial intelligence and algorithms is expected to become more prevalent in the disputes market, facilitating access to justice and influencing how boardroom directors and General Counsel evaluate risk and maximize opportunity.
However, adapting to new technology poses challenges, particularly in jurisdictions with limited internet bandwidth.
One respondent described a virtual hearing in the British Virgin Islands as a 'disaster' due to technical issues.
Another concern raised by respondents was the handling of witness evidence during remote hearings, with issues such as credibility, inconsistencies, and independence often only fully explored during cross-examination.
Feedback on the handling of experts largely echoed that received in respect of fact witnesses, with one respondent noting that cross-examination proved more difficult without the legal team and witness present.
Privacy concerns were also raised, particularly in arbitration, but it is expected that these concerns will be overcome as platforms improve.
As the legal profession continues to adapt to virtual hearings, the question remains how they will be used and whether they will replicate a traditional hearing room experience or offer something new and different.
