The Necessity for Technology in Litigation

Recently I had the pleasure of addressing legal professionals at the World Litigation Forum here I share some nuggets of what the talk included.

Introduction

The world’s business landscape is changing, and organizations from around the globe are participating in a race to the top.

Technology is a driving force behind this change, and it’s a race for who can adapt and innovate the fastest.

The way we conduct business—cell phones, email, productivity apps, video conferencing, has drastically changed especially with the impact of COVID19. We are surrounded by technology.

This, in turn, is changing how law firms must manage and conduct litigation matters. Simply put, technology is already altering the litigation landscape. Not only are we dealing with an obscene amount of data, but technology is also empowering clients to have more visibility and access to their matters. Implementing a cloud-based collaboration platform can help law firms increase their revenue, attract new clients, retain current clients, and even help attract better candidates for employment.

Litigation Technology broadly

The focus was directed into 2 categories: COURT TECHNOLOGY AND ONLINE DISPUTE RESOLUTIONS

COURT TECH

The integration of technology in the legal industry cannot be implemented in silos and so it follows that, as an integral part of the legal system, courts cannot be left untouched. While we have dealt with the changes in law firms and what needs to be done there, we must never forget the central part that our courts play in the enforcement of justice. Court technology includes the integration of IT in the way in which cases are captured, stored, and managed for easy day-to-day use and accessibility.

?There are four main types of application in court tech:

1. electronic filing system (EFS)
2. case-management system (CMS)
3. court recording and transcribing (CRT)
4. queue management system (QMS).

The benefits of the implementation of court tech include:

Reduced costs: Reduced paper use reduces the costs associated with document processing and storage. The more efficient use of personnel may make possible reductions in staff and related personnel costs.

Access: For attorneys, judges, and the public, electronic information systems provide quick retrieval of documents; they also allow individuals at different locations to view documents simultaneously. Quick retrieval and increased access would help justice agencies respond to disclosure requirements and would increase the public’s confidence in the justice system.

Data quality: A single data entry point provides a quality foundation on which to build a case. It reduces the need to duplicate efforts as information moves through the system, eliminating potential clerical errors. Additional information is added to a file as it travels through various departments to the court, but the original data remain untouched.

Increased efficiency: Eliminating the burdensome job of recording documents by hand, filing them, and removing them when requested frees personnel for other tasks.

Online Dispute Resolutions

Online dispute resolution (ODR) is a form of online settlement that uses alternative methods of dispute resolution (alternative dispute resolution (ADR)). The term covers disputes that are partially or fully settled over the internet, having been initiated in cyberspace but with a source outside it (offline). In the literature on the subject, the terms ‘electronic ADR’ (eADR), ‘online ADR’ (oADR), and ‘internet dispute resolution’ (iDR) are treated as synonymous.

The main assumption underlying alternative methods of dispute resolution– that is, the presence of a third-party during the process of reaching an agreement – remains unchanged in the online version.

In South Africa great strides have been made towards ADR methods; for example, we even have the Arbitration Foundation of Southern Africa (AFSA), a private dispute-resolution authority which mandates and administers the confidential resolution of a wide range of disputes.

The case in favour of ODR is also that since the world continues to become increasingly digitised and as we continue to work and play on international fields, there are bound to be international disputes which arise. ODR also helps with navigating those types of dispute.

I really had alot of fun doing this talk,

Feel free to follow me, DM or email me on leah@lenomalegal to get more information for when my book launches which goes into detail on this type of legal technology and more.

Yours in Legal Tech,

Leah Molatseli