The paper will be highlighting the need for technology, as an hour of need. The author here has made an effort to analyze the role of the judiciary in compelling the lawyers in indulging in such thing.
The paper shall also deal at length with the different types of issues that are maligning the idea of information communication technology and how it could be catastrophic.
ICT is an ellipsis that stands for Information Communication Technology. A novel way to think about ICT is to consider all the uses of digital technology that already exist to help individuals, businesses and organizations use information through telecommunications. ICT covers any product that will store, retrieve, manipulate, transmit or receive information electronically in a digital form. Lawyer’s played an important and curtail role in the society which encompasses a lot’s of documentation and information handling, storage, and salvage. The info intensiveness of a lawyer’s accountability is such that tools and technologies that would speed up the documentation, management, and information handling are not only important but professionally necessary.
The various technologies available has not only minimized the pressure upon a lawyer but has also saved time. As the title suggest everything has its own pros and cons. The idea of technology has however served as a measure against the upcoming challenges. “Prevention is better than cure”. The idea of law backed by technology serves as a solution to future problems. With the pendency of cases before the courts, the idea of technology functions a better purpose. The idea of technology doesn’t escalate the fact that the impacts aren’t severe. The use of technology is a paperless work and hassle free. The overdependence on technology might lead to lethargy and unwillingness to work hard. The situation and the hour of the need, compel the budding lawyers to become adept in such activities, to avoid being prone to strenuous workload.
The value of accuracy, correctness, completeness, relevance and timeliness are characteristics of information which ICT systems do generate to meet lawyer’s information needs. The paper at large will be dealing with pros and cons of adapting technology in the field of law.
CONTENTS
ABSTRACT
Introduction
ICT in Legal Profession
Nature
Scope:
Future and Suggestive measures :
Reason behind unwillingness to conform to Techno-Legal World
Pre-ICT Legal Profession
Technology and the Unauthorized Practice of Law, and Impediments.
Bar and Bench Relations
The trend of LPOs (Legal Process outsourcing)
CONCLUSION
ABSTRACT
ICT is an ellipsis that stands for Information Communication Technology. A novel way to think about ICT is to consider all the uses of digital technology that already exist to help individuals; businesses and organisations use information through telecommunications. ICT covers any product that will store, retrieve, manipulate, transmit or receive information electronically in a digital form. Lawyer’s played an important and curtail role in the society which encompasses a lot’s of documentation and information handling, storage, and salvage. The info intensiveness of a lawyer’s accountability is such that tools and technologies that would speed up the documentation, management and information handling are not only important but professionally necessary.
The various technologies available has not only minimised the pressure upon a lawyer but has also saved time. As the title suggest everything has its own pros and cons. The idea of technology has however served as a measure against the upcoming challenges. “Prevention is better than cure”. The idea of law backed by technology serves as a solution to future problems. With the pendency of cases before the courts, the idea of technology functions a better purpose. The idea of technology doesn’t escalate the fact that the impacts aren’t severe. The use of technology is a paperless work and hassle free. The overdependence on technology might lead to lethargy and unwillingness to work hard. The situation and the hour of the need, compel the budding lawyers to become adept in such activities, to avoid being prone to strenuous work load.
The value of accuracy, correctness, completeness, relevance and timeliness are characteristics of information which ICT systems do generate to meet lawyer’s information needs. The paper at large will be dealing with pros and cons of adapting technology in the field of law. The paper will be highlighting the need of technology, as an hour of need. The author here has made an effort to analyse the role of judiciary in compelling the lawyers in indulge in such thing.
The paper shall also deal at length with the different types of issues that are maligning the idea of information communication technology and how it could be catastrophic.
“The Regime of Amalgamation of Law and Technology: Boon or Bane.”[1]
Introduction
Innovation has upset the way, ease, speed and time with which we direct our exercises. Business exchanges are led quicker, learning and instructing are wealthier, and for the most part the lawful calling is better positioned. The legal profession is known for its conservatism and traditionalism which many believe must be preserved in order to maintain the prestige of the profession. In any case, mechanical progression might have put a strain on this belief system. The rush of mechanical progression and globalization which has cleared through different parts of the general public has not left the calling in its way. Technological innovation including Information and Communication Technology (ICT) now assumes a quintessential part in legal practice and instruction. This paper examines the important role technology plays in legal education and practice in the 21stcentury.[2]
In response to the challenges, policymakers have attempted to discern principles that can guide regulatory initiatives in the field. The leading, most oft-quoted, regulatory principle is that of “technology neutrality”. Much reference and deference is made by policymakers to the concept of “technology-neutral” regulation, based on an acceptance that the environment is moving too rapidly to try and tie legal rules to a particular technology or market model. The principle, and variants of it, has been used in two key senses: that which is regulated off-line should be regulated on-line; as well as the need to treat different technologies similarly to the extent that they have the same effect1[3]. However, disputes exist about the manner in which the principle should be applied when considering substantive law and procedural law reform.
ICT in Legal Profession
Nature
The impacts of technology have been felt in all the legal profession, from legal education to government to the practice of law. Within courts, federal agencies and other executive bodies, the government has made technology an essential part of creating efficiency, promoting access to justice and easing monitoring, reporting, communicating and processing requirements. Law firms have quickly learned the competitive advantage of adding technically based services to their practices and meeting the expectations of their technology savvy clients.[4]
As the above quote shows, it is no increase saying that innovation has changed verging on each circle of our lives. There is for all intents and purposes no part of human movement that is not influenced either decidedly or contrarily by innovation. From the utilization of PCs; to the utilization of phones furthermore the web, it is about innovation and its progressive method for changing the way people direct their exercises. With innovation, our exercises are directed hastier and there can likewise be overdependence on innovation. Innovation assumes imperative parts in our day by day schedules and it likewise has huge effect on legal education and legal practice. Its effect on these key ranges can't be overemphasized. Innovation will keep on being a noteworthy instrument which impacts legal education and legal practise everywhere throughout the world.
With the above in mind, it is important at this juncture to clarify certain key terms: Technology, Legal Education, Legal Practice and Information and Communication Technology (ICT). Technology covers ‘electronic or digital products and systems considered as a group’.[5] Legal Education is‘...the process which equips the future lawyer, judge administrator, counsellor and legal scientists to know how legislative, executive, judicial organs of the government are designed and how they operate’[6].
Scope:
Hassel free and fast information collection.
*New tools, new opportunities: The big effect of ICT is that it gives access to new tools that did not previously exist.
*Communication : By using ICT has brought a number of benefits to organisations, such as: Cost savings by using e.g. VoIP instead of normal telephone, email / messaging instead of post, video conferencing instead of traveling to meetings, e-commerce web sites instead of sales catalogues. Access to larger, even worldwide, markets. Web sites can be seen from all parts of the world and orders can be taken wherever there is a compatible banking system to process payments.
*Security: In spite of the fact that the utilization of ICT can bring its own particular security issues, see next segment, it can likewise take care of or decrease some security issues, e.g. Encryption strategies can keep information safe from unapproved individuals, both while it is being put away or while it is being sent electronically. ICT empowers physical security frameworks, for example, unique mark, iris or facial acknowledgment
*Information management: Organisations can benefit from using ICT for information management. Mangers are better informed and will have more reliable and up-to-date information on which to base their decisions.
*Paperless environment – ICT technology has created the term paperless environment. This term means information can be stored and retrieved through the digital medium instead of paper. Online communication via email, online chat and instant messages also helps in creating the paperless environment.
Future and Suggestive measures:
(1) Hard-core criminals’ case proceedings can be done through video conferencing instead of physically bringing them to court. Which possess a lot’s of threat. Like in case of Kasab.[7]
(2) Have a document scanner to check the purity of documents submitted in-order to avoid counterfeit documents.
(3) Block unauthorized websites which provide improper information.
(4) Regular workshops to be conducted to create awareness among public to know their legal rights and how they can help the legal profession.
(5) Video-conferencing should be made part& partial of court room.
(6) Intranet system should be available at every court to handle all the data of that particular court.
(7) Video-conferencing hall should be made at a particular place where a party who is unable to visit court can approach there and take part in the court room proceedings. This will help in quick disposal of cases. This should be created at suitable places deemed by the court.
(8) Online ADR technique
(9) Online submission of documents and payment of court fee.
(10) E-filling of cases.
Reason behind unwillingness to conform to Techno-Legal World
Cost : the cost of using ICT may cause a number of problems for organisations. A lot of ICT hardware and software is expensive, both to purchase and to maintain. An ICT system usually requires specialist staff to run it and there is also the challenge of keeping up with ever-changing technology..
Security : this is always a problem for any organisation that uses ICT. Data must be kept secure, Internet connections must be protected from attack, new viruses and other forms of malware are released nearly every day. Organisations will usually have legal obligations to protect data such as customer information. Even if the organisation does not have to comply with a specific data protection law it will usually be in the organisation’s interest to protect data from rivals.
Reduced physical activity: Third negative effect of ICT is that users may adopt a more sedentary lifestyle. People may become lethargic. This can lead to health problems such as obesity, heart disease, and diabetes. Many countries have workplace regulations to prevent problems such as repetitive strain injury or eyestrain, but lack of physical exercise is rarely addressed as a specific health hazard.
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[1] Rahul Pradhan, Student , DSNLU( Damodaram Sanjivayya National Law University), Vizag
[2] Jeannette Eicks, Educating Superior Legal Professionals: Successful Modern Curricula Join Law and Technology, 14(4), (January 2, 2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2465977, last seen on 11/03/2016
[3] Johnathan jenkins, What can information technology do for law, Harvard Journal of law and technology, Vol 21, No 2, spring 2008
[4] Jeannette Eicks, Educating Superior Legal Professionals: Successful Modern Curricula Join Law and Technology, 14(4), (January 2, 2012), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2465977, last seen on 11/03/2016
[5] Webopedia, Technology, available at http://www.webopedia.com/TERM/T/technology.html last seen on 13/03/2016
[6] M.R. Burra and V. N. Madasu, Importance of Internet Facility in Support of Legal Education and Legal Research, Abhinav journal, 2, 5 last seen on 11/03/2016
[7] AIR 2012 SC 3565, Mohammed Ajmal Mohammad Amir Kasab V. State of Maharashtra