Like many industries, the pandemic forced the court system to rethink how they deliver services and carry out everyday business. Courts had been slow to adopt technology with e-filing and e-notarization being the biggest digital changes over the last several decades. Hearings were still in person with remote testimony a rarity. This meant that lawyers might have to travel hundreds of miles for a 15-minute hearing. Even in the face of this inefficiency, there was no big push to change. Then came COVID.
More Than a Pandemic Fix
Zoom-based hearings became commonplace to facilitate cases while keeping all participants safe. But as the pandemic restrictions on in-person extended, courts nationwide started seeing huge benefits to the online process.
Virtual hearings increased participation by defendants. In Arizona, between 2019 and 2020, a Pew study found that there was an 8% drop in default judgments - judgments where the plaintiff wins simply because the defendant failed to appear. Attendance among jurors also increased. Texas saw a big spike in juror attendance after the transition to an online system.
In addition to attendance, virtual hearings also sped up many cases. Without having to build in travel, hearings focused on mediation and dispute resolution, including regulatory disputes, could get scheduled more quickly. Additionally, some lawyers report that parties were more amenable to the mediation process in a virtual setting.
Even with improved efficiency and attendance metrics, in-person trials and hearings will continue with a hybrid twist. Anyone hearing may feature a mix of in-person and virtual testimony (as was the case in a recent high-profile defamation case). Lawyers also value face-to-face contact with judges, colleagues, and even opposing counsel as key to their success in the field.
Improving Access and Equity
In addition to improving participation by required parties (like defendants and jurors), the virtual hearing also opened up the legal process to a wider constituency. The streaming of counsel hearings as well as court proceedings allowed more people to witness decisions being made. This includes working parents and other caregivers, as well as those without transportation, suddenly being able to participate in community hearings and discussions. Virtual also allows for people with disabilities to more easily participate in court proceedings as well as routine community hearings.
On the flipside, some argue that getting a bigger audience does not always mean equal access or transparency. Without being able to connect to public officials in real-time, outside of a computer, there is some oversight and access that is lost when you cannot just walk up to an elected official and have an open dialog.
GovEvents and GovWhitePapers have a host of resources on how technology is impacting the legal and regulatory field.
- MerITocracy 2022: American Innovation Forum (July 21, 2022; Washington, DC) - This event will focus on creative thinking around critical issues that sit at the nexus of policy and technology: education and workforce, global competitiveness, security and privacy, healthcare, cryptocurrency, infrastructure, and citizen services.
- Bay Area Digital Government Conference (August 25, 2022; Foster City, CA) - This event is designed to promote best practices and spurring innovation in the public sector.
- Trial Lawyers Summit (January 23-26, 2023; Miami, FL) - This summit includes networking and many informative sessions aimed at the professional development of new and seasoned lawyers alike. Speakers will help attendees with improving their trial and business management.
- Pandemic Posed Challenges, but also Created Opportunities for Agencies to Enhance Future Operations (white paper) - GAO interviewed child welfare officials in five selected states about the challenges affecting both child protective and foster care services during the pandemic in 2020-2021.
- Virtual Hearings in Agency Adjudication (white paper) - The use of video teleconferencing (VTC) to conduct administrative hearings and other adjudicative proceedings has become increasingly prevalent. This paper looks at the benefits and challenges posed by VTC.
Explore GovEvents and GovWhitePapers for more insight on legal practice, courts, video conferencing, and more.
