Thursday, March 17, 2022

The darker side of digitization

Last week, New York City hosted this year's LegalWeek - an annual, multi-day congress on the digitization of the legal industry. After two years of absence due to the pandemic, many sessions revolved around the question of what impact COVID-19 has had on digital development. This question is as difficult to answer after the pandemic as the prophecies in this regard were before. I would like to share two interesting aspects from the event reports here.

First, in his article published on law.com, Rhy Dipshan argues that the demands on judges are increasing as the use of technology in the courts increases. The panel was not at all concerned with fancy understanding of the mechanisms of artificial intelligence. Rather, the focus is on ostensibly trivial mechanisms such as the questioning of witnesses via video call (zoom, etc.). Judges should pay more attention to the setting and the possibilities it offers to parties and party representatives.


Concern was caused by the thesis that the  digitization of the judiciary does not actually improve access to justice, but rather restricts it. Often, it is a matter of simple things like access to basic technology. There was mention of a family court that had entered into a cooperation with a local church, where litigants were given access to the Internet in digital kiosks in the first place. This would be a surprising symbiosis of state and church, which is worth reflecting on further - which brings us back to Lent.


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