According to Business Insider, a third of the global population is in corona virus lock-down. Countries around the world are implementing measures to slow down the spread of corona virus, from national quarantines to school closures. Courts, throughout the world, faced with an unprecedented lockdown in history, are working in a limited manner, perhaps for the first time in history, to meet its objectives. Law schools world over are closed down and lawyers are working within their limitations to uphold the dignity of law.
Considering the spread of the pandemic, no one knows outer time limit of restrictions, or whether there will be a second or third wave of viruses and lock-downs. It is generally understood that significant changes may happen to the society, economy and governance, which may stay for sometime and change the landscape of governance, economy and social interactions.
The world is going to see huge reliance on technology, especially in the area of remote governance and healthcare in the post COVID-19 scene. There is already a change in the mindset of the governments, media and public regarding adaptation of technology. These changes will also reflect in the legal and Judicial landscape.
In bullet points it is presumed that the following changes may occur in the legal landscape in the post covid-19 world:
- Less Funds and Inflow: The expected plunge in the global economy will have its toll in the legal industry also.
- Use of Technology: Reliance on technology, especially remote working and connecting technology is going to increase in the judicial and legal world. There will be implementation of more effective case management, integrated video conferencing and document collaboration, sharing and judicial data storing technologies through out the judicial structures.
- Globalisation: On a positive note, COVID 19 may usher in the positive sides of globalisation to the legal industry in an unprecedented manner. If the courts and arbitrators are connecting to the parties and counsels using video conferencing, why can't party with deeper purse bring in an accredited lawyer from another part of the country or world to appear for him?
- Courts will be more open: Judicial structures may see a readjustment, and the concept of courts in fixed locations may see a change. Courts will be where the judges sit, and court rooms will restrict physical presence of public. Live streaming, video recording etc. of judicial proceedings may become the order of the day, which will make the courts more open than at present.
- Less Arbitrariness and Discretion in Judicial Decision Making Process: Increased reliance on audio video recording of judicial proceedings, will reduce the third party interpretation of view of the witnesses. Investigating officer and the judge will lose the freedom to determine what portion of the deposition of a witness has to be taken down in writing and what to be omitted while taking down when entire deposition will be audio and video recorded as spoken by the witness. This will give the appellate courts also the capability of assessing the exact demeanor and tenor of the deposition of a witness rather than relying on the verbal record made by the trial court judge or investigating officer. This will usher in more fairness into the system and better witness, and court management. The quality of the judicial decisions including the Appellate orders will improve and the Judicial system will become fair and transparent. It will increase the reliability and credibility of judicial systems.
- Reduction of Cost of Litigation: implementation of remote access to courts through video conferencing and online filing will reduce actual and hidden costs of litigation. Lawyers, litigants and witnesses can save commutation costs to courts and access their litigation details and proceedings at their comfort zones. Cost of papers, and other incidental expenses for ensuring the physical presence of lawyers, litigants and witnesses in the court room will also so be reduced. Cost making copies, of storing stacks of papers in lawyer's offices and courts and of managing the litigation will also be reduced.
- Better Time Management: Courts and lawyers and even litigants will be able to manage time spend for the litigation in a better manner with the use of technology in case management software's.
- Safe Litigation: Vulnerable Witnesses appearing from their safe zones through use of video conferencing technology will increase the confidence of parties in the litigation process.
- Online Arbitration: Even the arbitration landscape will see consequent changes and will usher in technology based solutions for remote arbitration.
- Sleek Lawyering: Use of technology will reduce the cost of setting up a huge office by lawyers near courts. Physical location of the lawyer will become irrelevant and the competency levels of lawyers will be recognised irrespective of their physical location. Currently law practice has a lot to do with the ability of the lawyer to relocate physically. This is bound to change and a competent lawyer can represent before any court or tribunal using remote access technology. Capital expenditure on technology may increase marginally but there will be reduced expenses in several areas including travel to legal professionals.
- Better Analysis of Effectiveness: Increased reliance on case management and remote access software's, and recording and live streaming of court proceedings, may help better statistical analyses of judicial proceedings which will ultimately increase efficiency and effectiveness.
- Legal Tech Business: increased reliance on technology by various stakeholders in legal industry will also see the rise of specialised legal tech businesses including document management business.
- Impact on Legal Education: These and several other changes that happen in the legal landscape will also affect the Legal education scenario. Many Law schools have already moved to include technology classes in their curriculum. COVID-19 has also made Law schools to think about remote classes. Availability of lectures in online mode will give flexibility to the students to choose the better ones. This will increase efficacy of law teachers. Universities may also move towards online law examination systems, which is at the same time more foolproof, challenging and transparent.
