The COVID-19 pandemic was a catalyst for emerging technology in the legal arena. Specifically, it encouraged the legal workforce to develop efficient research strategies to search for, organize, and evaluate legal information for their clients while working virtually. The nature of proceedings also shifted during COVID-19, with virtual proceedings and electronic document filing becoming the norm. Although some of the changes are now being reversed in British Columbia (i.e., online hearings), there are important lessons to draw from the digitization of workflows during the pandemic.
Litigation and Technology
As a result of the pandemic, pre-litigation and litigation steps were proceeding online on platforms such as Zoom or MS teams, and chambers proceedings were taking place online up until recently. While some of these virtual proceedings are returning to in-person appearances, online workflows have important implications for creating a more accessible legal system.
The benefit of digitization in law is that an online workflow can provide an overview of the analytical process that has led to a particular result or outcome. In a paper-based system, individuals can only see the product of their work rather than how it interacts with other cases or tasks of a similar nature.[1] There would be a great benefit in shifting many of the legal processes completed by paper to an online platform as it would give individuals an idea of the logic underlying a particular result and streamline the resolution of simpler cases. For instance, the Online Divorce Assistant[2] by the Ministry of Justice in BC can assist individuals with filling out the forms necessary to file for divorce. If eligible, the assistant can streamline the resolution of more straightforward cases by automatically populating the documents on your behalf based on your answers.
An online workflow that maps out the tasks and procedures required to resolve specific legal issues will create a more accessible justice system for the public. For instance, the solution explorer[3] at the Civil Resolution Tribunal (“CRT”) has digitized the process for making a CRT claim. This online workflow allows you to visualize the different steps that need to be completed to reach a particular outcome. As such, the process is easier to understand and navigate for individuals who find themselves overwhelmed by the legal system and the process of making a claim.
Technology and Legal Research
According to Thomson Reuters, one of the leading legal research engines, “online research databases have replaced law books, digital contracts have replaced physical copies, and countless other advancements have transformed the legal industry.”[4] Research databases such as Lexis Nexis, WestlawNext, CanLII, and Google Scholar allow legal professionals to find cases and statutes efficiently and quickly without having to flip through hundreds of pages to locate the answer to a legal issue.
After completing advanced legal research and writing, I recognized the importance of online search databases in legal practice. Online research platforms allow you to track your previous research, access reliable and up to date case-law and information, reduce overhead costs through free online legal information, and draw inferences by mapping out your research process. Adopting Boolean operators, citation searching, keyword searching, and truncated/wildcard searching is a cost and time-effective strategy for finding a resolution to a legal issue.
Online research databases can transform how professionals complete legal research. It is my experience and understanding that COVID-19 has led to developments in search databases such as Lexis Nexis and Westlaw. These platforms have introduced more user-friendly options to encourage lawyers to complete their research online (i.e., changes to Westlaw’s Practical Law or Lexis’ Practical Guidance). Although transitioning to a fully digital workflow may be difficult for lawyers who have developed their practice around a paper-based system, it can streamline the analytical process associated with resolving a case and build a more accessible legal system for the public [5].
[1] Thomson Reuters, “Lessons Learned in Courts Digitisation” (2015), online: <https://static.legalsolutions.thomsonreuters.com/index/pdf/lessons-learned-in-courts-digitisation-whitepaper.pdf>
[2] See generally Ministry of Justice, “e-Divorce: Intro,” online: <https://justice.gov.bc.ca/divorce>
[3] See generally Civil Resolution Tribunal, “Solution Explorer,” online: <https://civilresolutionbc.ca/solution-explorer/>
[4] Thomson Reuters, “Technology in law is the new norm” (2021) at para. 1, online: <https://legal.thomsonreuters.com/blog/technology-in-law-is-the-new-norm/>
[5] Thomson Reuters, supra note 1, at pp. 4-5.
This was a super interesting read! I had never thought of the comparison between digitization and a paper-based system in that way. You are definitely correct though, there is an inherent narrowness of paper-based systems in that they limit the scope and vision of the work to only what’s on paper. On the other hand, online work allows for access to a plethora of resources and guides, which inevitably broadens the depth of the work. I also enjoyed your examples to explain this concept!
More importantly, I thought it was interesting how you stated that your own experience of doing legal research and writing helped you recognize the benefits of online work/research. From my experience, I would have to agree with these benefits as well!
I agree that covid opened the floodgates for legal innovation. I had to watch Chambers this summer and take notes. A lot of the matters were heard in less than 2 minutes. The short matters felt like a formality more than anything. When I heard Chambers hearings were going back to being in person, I was confused as to why that needed to happen. By going online, lawyers can do other work while they’re waiting for their matter to be heard instead of wasting time being out of their office.
I’m sure there are complex matters that should probably be heard in person, but why can’t the quick online?
Great post! As you mentioned, there are a lot of benefits with the increased use of technology in the legal profession. The legal system is confusing and people with legal issues tend to feel overwhelmed by the whole process. Therefore, I agree that an online workflow that clearly sets out the tasks and procedures required to resolve a specific legal issue will provide benefits to individuals. That’s why I think it’s incredibly important for the legal profession to continue relying on technology and online services in order to provide access to justice and a less overwhelming solution for legal issues.
After just finishing ALWR also, I really enjoyed this article. I couldn’t imagine myself doing research without using tools like Google Scholar, Lexis, etc. Knowing how to use these tools efficiently are critical for the profession and hopefully these tools keep improving over time to be more user friendly and powerful. I think Covid accelerated a movement that was already happening and although there are something returning to in-person, we will see a steady increase of remote everything from here on.