Legal Technology: The Importance of Its Incorporation
“Equal justice under law… is perhaps the most inspiring ideal of our society. It is one of the ends for which our entire legal system exists… it is fundamental that justice should be the same, in substance and availability, without regard to economic status”. These were the words of the late U.S. Supreme Court Justice Powell. I doubt that in 1998, Justice Powell could imagine the technological advances we now have to bring the access to justice to essentially anyone who may need it. With legal technology and its current advances, we can close the access to justice gap. We can ensure that justice can be the same and equally availability for all those who seek to utilize it. Legal technology is serving several aspects and at several processes in the legal system. Within the system itself, it is serving to create a more efficient legal service through firms, as well as attempting to make the court systems more efficient. Outside the legal system itself, legal technology is serving the everyday person, or as we can say potential clients. Altogether, it is serving to bring more accessibility – to all people who may need and even for those who do not necessarily need it. Legal technology has the potential to address many faults that lie within the legal system, both directly and indirectly. Legal tools, software and technology will allow for further advancements that will create a overall more efficient and equitable process.
Introduction to Legal Tech and the Pandemic
In the 21st century, legal technology has made an explosion in the legal field. According to Thomas Rutgers blog, “Technology is redefining the legal field. Online research databases have replaced law books, digital contracts have replaced physical copies, and countless other advancements have transformed the legal industry. These modern solutions help make a law firm’s routine tasks easier and more efficient for everyone.” [1] Legal technology is not only making the legal field more accessible for potential clients, but it is also serving in ways to help improve the legal field itself, in terms of efficiency. We see that utilizing technology within the legal system can help and be beneficial in multiple ways. It not only benefits and improves different aspects of the system but also can positively impact individuals within different parts of the system as well. It creates a positive effect no matter at what point one implements the technology, and the benefits spread outward to other systems.
According to Forbes in 2021, the legal field was the slowest to adopt new technology due to the typical nature of the field being “culturally risk-averse”.[2] Part of the reason is because litigators themselves seem to move at the pace that they are accustomed to by the Courts, where it may take years for matters to be handled.[3] Lawyers, themselves may also be hesitant to adopt certain technology and software because of data tracking and security risks that may arise that have not been addressed yet. However, when COVID-19 hit us all, the legal industry had no other choice but to adapt and adopt new technologies to overcome the new hurdles that came with the pandemic. Initially it was that lawyers had to adapt to the spread of remote work which played into how to interact with clients, communicate, represent them in a court room, just a few examples. The most important factor in the beginning was to shift the focus on technology and clients and not a process itself.[4] That was just one factor as to how the pandemic led to the legal field thrusting itself into change and implementation of technology. It has led all parts of the process to streamline the process and create a more efficient system.[5]
The Impacted Groups
To understand the impact of legal technology, we must look at the 3 different groups it can have effects on. The implementation of legal technology within the legal system affects, in no order, the Court, law firms/lawyers, and individuals themselves. With each system there are pros and cons with having these new systems, but ultimately it is important that we recognize that if we are aware of the potential fall backs and that they are not greater than the pro’s, we are in better hands with these systems that without.
Before diving into each of the groups and a deeper understanding of their roles when it comes to legal technology, I will lay out the pros and cons, each of which that I will be touching upon in this paper. First, we will start off with the individuals, the focus should be on understanding the process. The cons of the e-filing systems could be that without the lawyer interaction for the client the legal language can be more challenging and overwhelming. There is also the issue of individuals having access to these systems and even the language being accessible to them. However, on the hand, with these e-filing tools we allow for more accessibility in general. Individuals who often cannot make it to the Courts or legal offices, can easily turn to their computers or cellphones. The accessibility makes it so that those who do not have the time or finances to travel have the ease of accessing legal systems remotely. It also is often more cost-friendly, which is useful to those who are typically dissuaded from the legal system due to high cost. With these two pros combined, we overall see a reduced stressed for individuals who typically would not feel comfortable utilizing the legal system.
Next looking to law firms and lawyers, we see that their focus is on client relationship and how that is affected. On one side we see that firms may lose clientele and their relationship with clients, because now there is a whole system where they would not be necessary to complete initial filings or paperwork. This could later impact the firm having a positive relation with their client. We should also consider that some law firms may not be able to financially incorporate a whole system or team that could tackle implementing e-filing or creating forms that would streamline their process. However, on the other hand if firms were able to do so, they would be able to save money and time on certain firms and would then be able to focus their attention on other forms for their clients. Firms would also be able to take in more clients because most of their systems would be streamlined and at a reduced cost.
Lastly, we will look how electronic filing impacts the Court system. In this case, this is where one may say that here is the most important place where we need to see a balancing of the system. It is imperative that the Court system itself does not become overwhelmed because of the implementation of electronic filing. The issue here would be that the Courts may not have enough resources to handle and process the increased amount of paperwork that may eventually be coming into the Court. We would not want an influx of paperwork to impact the quality of the work that the Court does. However, on the other hand, the Court increases its accessibility for those who may not typically have access to their services. In turn, the electronic filing is helping aid in closing the Access to Justice Gap. With implementation of these systems, we are reaching populations that are often forgotten or disregarded in the legal system or those who do not have the capability to access it.
When looking at the implementation of technology, we should keep in mind all the potential affects it may have at the various levels and how these interact. This will allow us to make systems that meet the current experience and eventually exceed the current users experience within the legal system.
Individuals
When it comes to the everyday person and the legal system, we see that there is an apparent lack of access. It is quite appearance just how inadequate the legal system is and how unattainable it is for those who live are from marginalized background. According to the Legal Services Corporation, many Americans are often forced to face the legal system without any legal representation. In 2017, 86% of the civil legal problems reported by low-income individuals received inadequate or no legal help.[6]
This is quite problematic given that the report continues stating that roughly 71% of low-income individuals face legal problems within a year, legal problems that typically around other important areas of life, such as health, housing, and benefits just to name a few.[7] There are several factors that led to this lack of access to the legal system. From the perception of the system, knowledge of the system, and financial accessibility. According to The Guardian, “there is no access to justice where citizens especially the marginalized groups not only conceive the system as frightening, or alien or in circumstances where citizens have no lawyers either because of inadequate resources to access them, or where individuals lack access to information or knowledge of their rights or where the system is fundamentally weak in delivering justice to the citizens”.[8] There is a clear lack of availability of the system itself to certain groups, the incorporation of legal technology can tackle several of the factors and start the movement to close the access to justice gap that is clearly an issue.
First, when we think about how inaccessible the system has been and how often times it disproportionally negatively affects certain groups, there is better understanding of the fear that may often surround certain communities. This fear may be a large factor in the lack of access and lack of knowledge of the system itself. However, if we create systems that can both aid and educate the user, we tackle two issues at once. When we think of the individual and creating systems, there is importance to think about how we want to interact with the individuals using the system. For forms that are accessible by the everyday individual it should incorporate a sense of being a learning tool as well, so that the individual is understanding what they are doing. There are many benefits to individuals understanding the legal systems that they are working with. For example, the Digital Conqueror talks about both the social benefits along with the benefits of legal importance.[9] Basic knowledge of the law is helpful for everyone to tackle and understand several issues from fundamental rights to consumer protection. Awareness of legal education informs people about their responsibilities and rights.[10] With legal technology, we are able to create software and systems can bring accessibility to legal forms but also the legal world in general.
These systems are out there and are known to benefit individuals. The Harvard article on, “Using Technology to fight Poverty”[11], talks about how the concept of self-service software is a way for low-income families to solve their own problems without having to worry about financial help. Co-founder of Upsolve, Rohan Pavuluri, talked about working on packets for people to solve their bankruptcy problems and how it was some would not be able to afford even a lawyer to help them through the process. Pavuluri talks about the issue of the high cost of needing a bankruptcy lawyer, with an average of $1,500 just to file the paperwork.[12] Pavuluri speaks on the “civil rights injustice” within the legal system, thinking about those who are already in a bad spot and unable to access the finances. What would they be left with? With legal technology, we can create accessible forms with low to no cost at all for the user. At the same time, Pavuluri focused on creating a from that serves as a side-by-side educational tool for an individual who access the site. “The platform has now turned into not only a self-service software but also an educational platform to help individuals understand the process and if the filing for bankruptcy is a right fit, as well as simplify the legal process for them. If so, the tools walk them through the process in a streamlined and simplified way.[13] Upsolve is one tool, that can serve millions in more than one way.
We should aim for a system that is not only fair and equitable, but also accessible to those who are most marginalized. With tools like this, for individuals it means having accessibility to the legal system. To being able to afford legal services and bettering their understanding of the legal systems. When we create these systems, we give more power back to individual, who then better trust the legal system.
Law Firms and Lawyers
Law Firms and lawyers themselves would have similar struggles and benefits with implementation of legal forms and electronic filing systems specifically. The biggest challenge and benefit would be around clients and client relationships. Essentially it comes to the way firms and lawyers communicate with their clients. From the way we communicate and interact with one another to how we share files and shop for supplies, technology has profoundly impacted organizations around the world. [14] Technology is “enabling lawyers to access firm information and maintain communications with clients, increasing a firm’s ability to keep up with client needs, regardless of where a lawyer works from.”[15]
On one hand, firms and lawyers have more efficient ways to address their clients and the potential problems that may arise with their clients. But on the other hand, we see that they may be having less one on one interactions. Although one can argue that legal technology is taking away from clients, there are more positives than negatives with its implementation, and many that positively impact the client and the service they receive. Although firms can turn to intake firms and have clients access forms that would be less on the lawyer, that would lead to a less costly service for the client themselves.
With legal technology processes, lawyers and law firms are able to become more efficient with their time and workflow. According to the Embroker blog, “McKinsey Global Institute estimates that existing legal technology could automate 23% of lawyers’ workloads.”[16] With lawyers’ workloads being automated, they have more time to focus less on paperwork and more on the legal language and process that would benefit their clients. And by becoming more time efficient, lawyers are saving money for their clients, due to less billable hours that often come from paperwork that they have to do. For example, “with AI, a contract can be reviewed in less than an hour, saving 20-90% of the time required to do the same work manually, but without the risk of human error”.[17] Here we see that implementation of technology, decreases the potential errors a lawyer may make and the additional time it may take to remedy the mistake. And further, it would reduce the clients’ expenses.
Along with the financial advantages for firms, tools and software from legal technology can also allow for better collaboration among clients and lawyers. “Legal technology can free up time for lawyers so that they are able to build better client relationships, there are also innovative ways legal technology can help lawyers directly to become more collaborative with clients”.[18] Through services that offer collaboration, such as drafting, clients and lawyers are able to make better relations. Lawyers on one end are able to work more efficiently with their client and clients are able to collaborate and feel as if they are being heard and a part of their legal process. Law Tech Asia looks at the different collaborative drafting that firms and lawyers can use that potentially help build upon client relationships. Although some may assume that it would lead to more mistakes, however, the tools remove the administrative part, giving the client the time and power to fill in parts of a potential contract that a lawyer does not necessarily need to do. For firms who implement a more automotive form service, they are offering tools to clients and this environment is a unique selling point for clients that “adds to the longevity to the client relationship.”[19]
Other than helping clients, firms are also able to benefit from these tools by creating a better work environment for their employees. Incorporation of these tools can lead to better retention for law firms. According to the 2022 ABA Journal, “associate turnover rates hit record-high levels”.[20] Firms are having difficulty in attracting and even retaining lawyers, which is not good for their business. It got to a point where roughly all firms for close to losing “almost one-quarter of their associates in 2021”.[21] Part of the problem, other than pay, is burnout new lawyers feel in their roles. Whether others have to pick up the slack due to not having enough people on a team and having to pick up their slack or due to an overwhelming amount of paperwork, the feeling of being over-worked leads to loss. “Attorneys reportedly spend nearly 40% of their workday on tasks other than practicing law.”[22] However, a simple solution would be implementation of tools and software that could reduce a current employee’s workload, which would also entice new employees to a firm. The legal technology would not only boost productivity, but it would allow attorneys to do more that they feel is meaningful and less of unnecessary administrative task.
Firms that are able to implement these tools are able to provide better all-around services. Both benefiting the client but also benefitting their bottom line but allowing for an easier process for their lawyers and creating a more efficient work environment. When thinking about their lawyers and their well-being, clients are indirectly going to benefit from improved worked environments.
The Courts
When it comes to legal tech, I think biggest hurdle was and is, possibly the Court system itself. Currently we see courts utilizing legal technology, but it was not that long ago that this ancient system was almost refusing to adapt to the age of technology. However, with the COVID-10 pandemic, we see that the courts had no other choice but to adapt, even if reluctantly. Courts saw the pandemic as a “critical transition from traditional court proceedings to an online mode has allowed justice to continue in many jurisdictions, courts and legal professionals are now tasked with the added responsibility of adopting new and somewhat unfamiliar technologies…”[23] The pandemic forced courts and the legal industry itself to adapt and utilize legal technology like never before. From Judges using zoom to hear cases to processing forms online because people were unable to come in person to engage in the Court services.
According to the American Bar Association, legal technology has not been adapted by the Courts proactively, but rather “due to limitations on the old way of doing business and others because of convenience.”[24] However, the implementation of these systems are beneficial to the Courts and can have long-term benefits, while addressing short-term problems. There are examples of Criminal and Family Courts implementing processes that were utilized during the pandemic and can continue to serve as a beneficial system to the Courts. The implementation of software systems to help communication during trials, such as incorporating video calls/zoom calls. This allowed for Court to proceed with hearings and allowed for parties to be present from their comfort of their homes, without having to worry about traveling or taking a whole day off for a Court appearance. Additionally, courts in nearly all states have sanctioned the use of software programs that manage the details of shared-parenting issues and parental visitation, share the calendars of the children, store information about the children and expenses associated with their care and custody, and document communications between both the parents and the children.[25] These tools will be beneficial in keeping track of documents while also allowing for the ease of parties to properly be present and participate in Court proceedings.
As with any technology, there have been setbacks and even concerns. Such as the interruption due to technical difficulties, from the accidental set off of filters, sounds issues, and even those who may have spotty internet. Another larger issue was the fear of the integrity of trial security, with the use of technology and these systems, the Courts are open to threats to attacks by hackers. These all interfere with a cohesive trial. Some may be able to incorporate some sort of system to protect themselves from these kinds of attacks, but it may not be a finance that all Courts can expense. These are just some problems that can occur; however, these are issues where solutions can be implemented and worked through. Courts can take extra measures to hire people who can ensure that the communications are secure and safe. These types of implementations also allow for more safety for certain victims who may have to appear for a hearing or a trial. For a victim of domestic violence, this means not having to be in the same physical location of their abuser. It could mean that a sick Defendant, can zoom in from the comfort of the hospital or their bed when they are sick. It allows for an efficient process because there would be less time in between needing to move between cases.
Although Courts should be cautious when implementing certain kinds of technological solutions to the legal process, there are other areas where there are an overwhelming number of pros that outweigh the cons. Implementation of software is not the only way to incorporate legal technology, Courts can implement access to electronic filing systems and many now do. Electronic filing is beneficial in many ways from creating efficiency to creating a more organized space for Court storage of legal documents.[26] There are many technical benefits to electronic filing, but there is human aspect that I believe is the greatest positive of having electronic filings. Often these systems positively benefit those who are coming from difficult backgrounds and that are in difficult situations. There is an ease to having access to Court forms online. It saves users time, money and even from the scary feeling that may come from being near or even entering the Court.
The pandemic led to many noticing this lack of access and wanting to act faster than ever to bring legal technology to the Courts. Many groups stepped up to the plate to find the most efficient ways to bring more accessibility to the Court, especially during a time when it was greatly needed. Law schools and legal programs were necessary to helping pave the way for legal technology into Courts at the increased rate. For example, at Suffolk Law[27] in the recent years has been working to increase court accessibility during the pandemic through the innovation lab and volunteers around the world. What led to this push? Seeing a problem that marginalized communities were facing, and then by pushing forth solutions to make the streamline the courts process. With guidance of legal technology and L.I.T. fellow, Quinten Steenhuis, the lab created forms that those in emergency situations could fill out forms from their phones and submit to the courts. Suffolk did not stop there, they created a free site that helped individuals file paperwork during the pandemics, by “created step-by-step, guided processes, which is a lot like sitting down across the table from a lawyer who is going to help walk you through a form one-on-one”.[28]
Courts that were once opposed to implementing and utilizing legal technology had no choice but to think of short-term solutions, that would end up being long term solutions. Not only did Courts find ways to keep running during the pandemic, but they also found alternative solutions and ways re-think how the Court system can run. That ultimately allowed for Courts to become more accessible to all people, to think of solutions to create a more efficient and equitable process.
The new technologies that both firms and Courts are implementing, overall are beneficial to the everyday person. Better than that, it is beneficial to some of our most marginalized and often forgotten in society. For those who feel at a loss when it comes to accessing and even understanding the legal system, legal technology is the most viable and efficient solution.
Now that we understand where in the different legal processes’ technology has its place, lets now focus on the issue of the idea of the balancing act. With technology, as we make the legal field more accessible, we must ask ourselves, at what cost and who, if anyone, gets the backlash. One potential issue we see is that with streamlining certain processes within the court, this can create a backlog. With a more efficient process and more accessible, it would only make sense that more forms will be going through the court, however, courts do not have the workflow to keep up with all the paperwork coming in. According to Thomas Reuters blog, “Legal technology, such as electronic filing and online legal research, helped streamline certain aspects of the court system. But with a growing backlog and no clear plan of how to increase efficiency and improve processes on a large scale, it’s an extraordinary challenge for the courts.”[29] While courts have made their forms more attainable, they need to also create a more efficient system that is equipped to handing the increased amount of work, without compromising the value of their responses.
Where do we go now?
The question is, where can legal technology go now? I think the answer is, anywhere we allow it to. Technology can be utilized as an equalizer, “if we design for the marginalized, then everyone benefits”.[30] Although some may argue that it should be a slow transition – we must remember that if legal technology is bringing accessibility where it once was not, that it the first step. The focus then, however, needs to be on bringing adequate legal accessibility. It should be legal help that can almost beheld up to what legal services provide in person. And we must ensure that we do not create a system where we completely remove the lawyer, because I do believe that human connection is still essential and necessary in the legal process. We also want to ensure that we do not overwhelm the courts or the legal system itself. Finding the balance may be harder than we initially think, but as any process – we must take it one step at a time. If anything, to ensure that the legal system is accessible in an equal and equitable way.
The implementation of legal technology should focus on where the technology can take us and how it can benefit those who are often left behind when it comes to accessing the legal field. We have seen many examples of where software and technology has solved legal problems. From all parts within the process, for the everyday people who lack access to the physical Court itself. To law firms who have difficult in attracting and retaining lawyers; and then lawyers who often are struggling with creating meaningful relationships with clients. And to creating a streamline legal process that creates a more organized system. Some may fear that with so much implementation of legal technology that it may diminish the role of the lawyer. However, that will not be that case, at least anytime soon. Right now, we see that the legal world is catching up in terms of technology implementation. There will always be a need for lawyers. Because although we can create systems that can teach and aid clients, they cannot replace the humanness and zealous advocacy that a lawyer provides. A legal tool will not be able to give real-life comfort to a family nor will it be able to sit face to face with a client in distress.
What legal technology can provide is accessibility to the legal field. It creates in substance and in availability, access, equally and equitably to the legal system, regardless of any race, gender, economic or citizenship status.
[1] Boike, L. (2021, August 3). Legal Technology and the future of Your Legal Practice: Legal Blog. Thomson Reuters Law Blog. Retrieved December 6, 2022, from https://legal.thomsonreuters.com/blog/technology-in-law-is-the-new-norm/#:~:text=Technology%20is%20redefining%20the%20legal%20field.%20Online%20research,routine%20tasks%20easier%20and%20more%20efficient%20for%20everyone.
[2] Shankar, A. J. (2021, February 5). Council post: The pandemic might be the Tech Disruptor the legal industry needs. Forbes. Retrieved December 6, 2022, from https://www.forbes.com/sites/forbestechcouncil/2021/02/08/the-pandemic-might-be-the-tech-disruptor-the-legal-industry-needs/?sh=765fce383a40
[3] Id.
[4] Cardy, A. (2022, October 31). Changes in the legal technology space: The pandemic two years on. Clio. Retrieved December 6, 2022, from https://www.clio.com/resources/legal-technology/legal-technology-changes/
[5] Id.
[6] “2017 Justice Gap Report.” LSC, https://www.lsc.gov/our-impact/publications/other-publications-and-reports/2017-justice-gap-report#:~:text=In%20the%20past%20year%2C%2086%25%20of%20the%20civil,conditions%2C%20disability%20access%2C%20veterans%E2%80%99%20benefits%2C%20and%20domestic%20violence.
[7] Id.
[8] “The Challenges of Access to Justice.” The Guardian Nigeria News – Nigeria and World News, 20 July 2015, https://guardian.ng/opinion/the-challenges-of-access-to-justice/.
[9] Wagh, Amol. “Why Having Legal Knowledge Is Important for Everyone.” Digital Conqueror, 13 June 2019, https://digitalconqurer.com/education/why-having-legal-knowledge-is-important-for-everyone/.
[11] Zewe, A. (2021, March 15). Using technology to fight poverty. Home Page. Retrieved December 6, 2022, from https://www.seas.harvard.edu/news/2021/03/using-technology-fight-poverty
[12] Id.
[13] Zewe, Adam. “Using Technology to Fight Poverty.” Home Page, 15 Mar. 2021, https://seas.harvard.edu/news/2021/03/using-technology-fight-poverty.
[14] “Legal Technology: The Impact on Law Practice Management.” Embroker, 11 Oct. 2022, https://www.embroker.com/blog/legal-technology-impact-law-practice-management/.
[15] Dimyadi, Lisa. “What Is Legal Technology?” Clio, Clio, 31 Oct. 2022, https://www.clio.com/resources/legal-technology/what-is-legal-technology/.
[16] “Legal Technology: The Impact on Law Practice Management.” Embroker, 11 Oct. 2022, https://www.embroker.com/blog/legal-technology-impact-law-practice-management/.
[17] Id.
[18] Lee, Josh. “Legal Technology and Its Potential to Improve Client Collaboration.” LawTech.Asia, 14 July 2019, https://lawtech.asia/legal-technology-and-its-potential-to-improve-client-collaboration/.
[19] Id.
[20] Weiss, Debra Cassens. “Law Firms Came ‘Dangerously Close’ to Losing Almost a Quarter of Their Associates in 2021.” ABA Journal, 11 Jan. 2022, https://www.abajournal.com/news/article/law-firms-came-dangerously-close-to-losing-a-quarter-of-their-associates-in-2021/.
[21] Id.
[22] “Legal Technology: The Impact on Law Practice Management.” Embroker, 11 Oct. 2022, https://www.embroker.com/blog/legal-technology-impact-law-practice-management/.
[23]Mehlhase, S. (2020, November 16). Evolving impacts of technology in the legal system. Legal Reader. from https://www.legalreader.com/evolving-impacts-of-technology-in-the-legal-system/#:~:text=Diving%20deeper%20into%20the%20impacts%20of%20legal%20technology,almost%20all%20courts%20operations%20on%20a%20global%20level.
[24] Dixon,Judge Herbet. “Technology and the Courts: A Futurist View.” Americanbar.org, 1 July 2013, https://www.americanbar.org/groups/judicial/publications/judges_journal/2013/summer/technology_and_the_courts_a_futurist_view/.
[25] Id.
[26] Thomas, Heather. “Between the Lines: Top 5 Advantages of e-Filing.” ABC Legal Services, https://www.abclegal.com/blog/between-the-lines-top-5-advantages-of-e-filing.
[27] Fisch, M. (n.d.). Suffolk law leads effort to increase court access during pandemic. Suffolk University Boston. Retrieved December 6, 2022, from https://www.suffolk.edu/news-features/news/2020/03/30/17/46/suffolk-law-leads-effort-to-increase-court-access-during-pandemic
[28] Gaydos, L. (2020, November 11). Suffolk Law’s free site helps people file legal paperwork amid pandemic. NBC Boston. https://www.nbcboston.com/news/coronavirus/suffolk-laws-free-site-helps-people-file-legal-paperwork-amid-pandemic/2228099/
[29] How legal technology will help the Backlog & reshape the future of the courts. How Legal Technology Will Help the Backlog & Reshape the Future of the Courts | Thomson Reuters. (n.d.). Retrieved December 6, 2022, from https://legal.thomsonreuters.com/en/insights/articles/backlog-reshape-future-courts#:~:text=Legal%20technology%2C%20such%20as%20electronic%20filing%20and%20online,scale%2C%20it%27s%20an%20extraordinary%20challenge%20for%20the%20court.
[30] Accessibility, empathy and Legal Tech. Josef. (n.d.). Retrieved December 6, 2022, from https://joseflegal.com/blog/accessibility-empathy-and-legal-tech/