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Publisher:
Cambridge University Press
Online publication date:
February 2023
Print publication year:
2023
Online ISBN:
9781009255301
Creative Commons:
Creative Common License - CC Creative Common License - BY Creative Common License - NC Creative Common License - ND
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0 https://creativecommons.org/creativelicenses

Book description

New digital technologies, from AI-fired 'legal tech' tools to virtual proceedings, are transforming the legal system. But much of the debate surrounding legal tech has zoomed out to a nebulous future of 'robo-judges' and 'robo-lawyers.' This volume is an antidote. Zeroing in on the near- to medium-term, it provides a concrete, empirically minded synthesis of the impact of new digital technologies on litigation and access to justice. How far and fast can legal tech advance given regulatory, organizational, and technological constraints? How will new technologies affect lawyers and litigants, and how should procedural rules adapt? How can technology expand – or curtail – access to justice? And how must judicial administration change to promote healthy technological development and open courthouse doors for all? By engaging these essential questions, this volume helps to map the opportunities and the perils of a rapidly digitizing legal system – and provides grounded advice for a sensible path forward. This book is available as Open Access on Cambridge Core.

Reviews

‘Engstrom has convened an extraordinary group of scholars around the urgent, vital topic of how we can and should mobilize legal technology to improve access to justice. The result is a clear-eyed, relentlessly data-driven analysis of a pressing national problem - and with balanced, constructive suggestions for legal reform and policy change.’

Daniel B. Rodriguez - Northwestern University

‘A welcome corrective to a conversation about legal technology often dominated by magical thinking, whether cheery tales about ever-expanding openness, access, and efficiency, or darker ones about humans’ obsolescence. Legal tech will continue to transform legal and court practice in complex ways. Nothing is inevitable here, neither access nor exclusion. This book illuminates opportunities to shape the transformation in positive directions that further justice.’

Rebecca L. Sandefur - Arizona State University

‘This is an invaluable collection of scholarly and insightful essays. As civil litigation, the world over, becomes increasingly costly, time-consuming, combative, and complex, the authors show - with enthusiasm and yet realism - how technology might help both streamline and transform dispute resolution processes. Mandatory reading for litigators and judges.’

Richard Susskind - Society for Computers and Law

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Contents

  • Legal Tech and the Future of Civil Justice
    pp i-ii
  • Legal Tech and the Future of Civil Justice - Title page
    pp iii-iii
  • Copyright page
    pp iv-iv
  • Contents
    pp v-vi
  • Figures
    pp vii-viii
  • Tables
    pp ix-x
  • Contributors
    pp xi-xvi
  • Acknowledgments
    pp xvii-xviii
  • Introduction
    pp 1-18
  • Civil Justice at the Crossroads
  • Part I - Legal Tech and the Innovation Ecosystem
    pp 19-90
  • 1 - The Future of American Legal Tech
    pp 21-43
  • Regulation, Culture, Markets
  • 2 - Lawtech
    pp 44-69
  • Leveling the Playing Field in Legal Services?
  • 3 - Natural Language Processing in Legal Tech
    pp 70-90
  • Part II - Legal Tech, Litigation, and the Adversarial System
    pp 91-196
  • 4 - Remote Testimonial Fact-Finding
    pp 93-111
  • 5 - Gamesmanship in Modern Discovery Tech
    pp 112-132
  • 6 - Legal Tech and the Litigation Playing Field
    pp 133-154
  • 7 - Litigation Outcome Prediction, Access to Justice, and Legal Endogeneity
    pp 155-172
  • Part III - Legal Tech and Access to Justice
    pp 197-304
  • 9 - The Supply and Demand of Legal Help on the Internet
    pp 199-224
  • 11 - Online Dispute Resolution and the End of Adversarial Justice?
    pp 251-285
  • Part IV - Courts, Data, and Civil Justice
    pp 305-388
  • 13 - The Disruption We Needed
    pp 307-327
  • COVID-19, Court Technology, and Access to Justice
  • 14 - Free PACER
    pp 328-348
  • 15 - Technological Challenges Facing the Judiciary
    pp 349-367
  • 16 - The Civil Justice Data Gap
    pp 368-388
  • Index
    pp 389-398

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