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Legal IT

Online courts in a post-pandemic world

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Back in November 2017, we did an article on the first online courts that had started appearing at the time. The Covid pandemic changed things drastically. By now, online courts are common in many countries. So, it is time for an updated article. We discuss the current state of affairs of online courts. Next, we look at benefits, challenges, and best practices. Finally, we look at the implementation in some countries that have become leading examples of online courts.

The current state of affairs of online courts

Since 2017, the adoption of online courts has seen a substantial increase globally, and the pandemic was the catalyst. By mid-2020 already, remote courts were operational in 56 countries. This represents a significant global shift towards digital justice solutions. This trend has continued to grow as more countries recognise the benefits of online courts in improving access to justice. Courts globally saw a 4000% increase in virtual proceedings between March 2020 and December 2021 according to Thomson Reuters’ “2022 State of the Courts Report”.

Statistics for the US show that, beginning in March 2020, all 50 states and D.C. adopted statewide or local rules to govern digital operations. These rules were meant to help moving from in-person to virtual hearings and to digitising practical tasks. Subsequently, the United States Federal Court system conducted over 2.5 million video proceedings in 2021-2022 according to the Administrative Office of the U.S. Courts.

For an online court to be effective, the required technical infrastructure must be available. Dedicated court videoconferencing systems are obviously essential. Online courts also need electronic filing systems, digital evidence management platforms, as well as electronic signature capabilities.

Experts predict the following further developments for the near future. The rise in the use of Artificial Intelligence will lead to AI-powered real-time translation services, and integrated case management systems. Blockchain technology will be used for evidence authentication. And we will start seeing Virtual Reality courtrooms.

Benefits, challenges, and best practices

Benefits

Online courts offer several key benefits. Since parties no longer must be physically present in the court, this results in a significant reduction of costs for all parties. The reduction in travel and facility costs alone is already estimated at 30-50%.

Online courts also result in improved access to justice, especially for rural communities.

Because much of the process is digitised and automated, online courts typically have faster case processing times.

Finally, there are also some environmental benefits from reduced travel.

Challenges

But online courts also come with notable challenges. A first challenge has to do with the digital divide and access inequality. Not everybody has the technology or the know-how to effectively represent themselves in an online court. This digital divide therefore raises concerns about equal access to justice. Ensuring that all court users can participate meaningfully in digital formats is crucial.

A second challenge lies in the difficulty in assessing witness credibility. It is far harder to assess a witness’ credibility, if you can only see their faces on a video screen. You can’t read their body language, which often is quite revealing.

A third challenge has to do with technical glitches that can affect due process. Online courts are susceptible to disruptions from poor internet connections, audio or video malfunctions, and difficulties with digital evidence presentation.

There also are security and privacy concerns. It is vitally important to be able to ensure the confidentiality of sensitive information and to protect against unauthorised access. The necessary safeguards must be in place.

Finally, there is the issue of maintaining the gravity and courtroom decorum of legal proceedings, which can be challenging in a virtual environment. The example of the lawyer who appeared as a cat on-screen comes to mind.

Best Practices

Experts make the following recommendations for effective online courts:

  • Having dedicated IT support during proceedings
  • Implementing clear protocols for document sharing
  • Conducting pre-hearing technology checks
  • Providing training for judges, lawyers, and court staff

Leading examples of online courts

Let us have a look at some of the leading examples when it comes to online courts.

The UK has been developing online court systems, such as the Civil Money Claims project, which allows for the resolution of civil disputes online. This initiative is part of a broader effort to digitise the justice system and improve access to justice.

As mentioned above, the U.S. has seen a rapid adoption of online court technologies, particularly during the pandemic. Courts have implemented video conferencing tools and expanded e-filing systems to ensure continued access to justice. For instance, the Texas court system conducted over 1.1 million remote proceedings between March 2020 and February 2021.

Singapore‘s judiciary has implemented various digital initiatives, such as the Authentic Court Order system, which allows parties to verify court orders electronically without needing hard copy certified true copies or direct verification from the courts. Additionally, the judiciary has introduced mediation and counselling services to address family disputes.

South Korea‘s eCourts platform has revolutionised the country’s judicial system by providing a comprehensive digital framework for legal proceedings. This platform enables electronic case filing, management, and the delivery of court judgments. Additionally, the use of video conferencing for remote hearings has become increasingly common, especially during the COVID-19 pandemic, ensuring that access to justice remains uninterrupted. The integration of AI and big data analytics into the eCourts platform further streamlines operations and improves service delivery.

China has been at the forefront of integrating technology into its judicial system. The country has established internet courts in cities like Beijing and Guangzhou, where cases can be fully conducted online, from filing to the rendering of the ruling. China’s “Smart Court” initiative aims to modernise trial systems using technologies such as the Internet, cloud computing, big data, and artificial intelligence.

Brazil has also made significant strides in adopting electronic judicial processes, particularly in labour courts. By 2021, 97.2% of new lawsuits in the first degree and 95.3% in the second degree were filed electronically. This widespread adoption of ICTs in the Brazilian judiciary has improved access to justice and streamlined court processes.

Australia has a well-established system for remote hearings, which was further developed during the COVID-19 pandemic. The use of video-hearings has become quite common.

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Legal IT

Online Courts

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2017 has marked yet another milestone in legal history: in the last months, we have seen the arrival of the first online courts. Canada, the United Kingdom, Ireland and China all have projects with online courts that are either already operational or in the process being developed.

The first online court ever was established in British Columbia, Canada. Since 1 June 2017, a few hundred small claims disputes have been heard and resolved entirely online. Any civil small claim dispute with a value of up to $5,000 can be handled by British Columbia’s Civil Resolution Tribunal via the internet.

“It is the world’s first online dispute tribunal, that is tied with the public justice system,” says British Columbia’s Justice Minister Suzanne Anton. “If you can take these minor matters out of a court room, you free up the court room for important criminal matters and more difficult matters that courts are suited for handling.”

Another advantage is that an online court makes the justice system more accessible. “I think people are intimidated to go to court,” says Professor Kenneth Thornicroft. “Most people have access to an online system, you can go to most public library and get access and deal with the dispute on your own time, you’re not locked into the times of the courts.”

Soon afterwards, the UK also launched its first pilot project for “new digital procedure for money claims under £10,000”. The project started on 31 July 2017 and will last 28 months, i.e. until 30 November 2019.

At present the project is in a “private beta” phase, and is only available to eligible users by invitation only. From January 2018 on, the project will go to “public beta”, meaning it will be opened up to all court users with an appropriate claim. It is expected that HM Courts and Tribunal Service (HMCTS) will be providing face-to-face assistance to the half of people signed up to it who are expected to need help with filling in forms.

In a lecture, the Master of the Rolls, Sir Terence Etherton said that the “online solutions court should be seen as a template for securing now and over time in the future the critical object of greater access to justice.” He added that the court would operate in a problem-solving way. “It will be problem-solving in the sense that the Online Court through stage 1 and 2 of the process will help the parties find the appropriate solution to their dispute.”

In September 2017, Ireland’s Supreme Court also started moving a significant portion of its work online, as part of a push to bring more of the courts system onto the internet. The plan is that all applications for permission to appeal to the Supreme Court, including the filing of documents and the delivery of decisions, will take place online. It is hoped this will be the first step in bringing huge amounts of the appeal process, at all levels, out of the courtrooms and onto the internet. Chief Justice Frank Clarke said it will take about a year before the first online case is considered.

Another online court that is already operational can be found in Hangzhou, China. It handled its first case on 18 August 2017. The court operates with a judge and a jury. It hears cases regarding online shopping, microfinance loans, copyright infringement, product liability and related issues. Cases can be filed entirely electronically in a matter of minutes. When the case is handled, it is live streamed, and parties can present their arguments via video conferencing. The court uses technologies like face recognition, Speech Recognition Systems, and artificial intelligence to draft judgments.

Most experts agree that the arrival of online courts can be good thing in as far as it 1) can simplify access to Justice, and 2) can speed up procedures.  As mentioned above, the organizers of the UK pilot project anticipate that half of the people using the system will still need assistance while filling out the online forms. This, however, is an area where intelligent bots have already proven that they can play a useful role, too. So, we can expect even more of the procedure to be automated.

 

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