Without a doubt, the pandemic accelerated the use of technologies within the legal industry that had been languishing beforehand. Virtual courtrooms are among the best examples of this.
While a few courts were using remote technologies prior to the shutdown, today, virtual courtrooms are so popular that people who aren’t even connected to the justice system are watching live proceedings on streaming services like YouTube.
The popularity of virtual courtrooms has sparked a lively debate among legal professionals, court officials, and clients alike.
We seem to be divided on whether virtual courtrooms are the access to justice upgrade we’ve always needed or just another privacy loophole that reveals too much about participants in an overburdened system.
Ultimately, there are plenty of pros and cons to the remote courtroom model. In this article, we’ll explore the arguments for and against the continuation of virtual justice.
The benefits of remote courtrooms
Even though the worst of the pandemic appears to be behind us, there are still plenty of reasons for courts to continue offering virtual proceedings.
Here are some of the top reasons virtual courtrooms will likely remain a part of our justice system for the foreseeable future:
#1: Accessibility
One of the undeniable benefits of virtual courtrooms is their ability to make the legal process more accessible for everyone.
Parties, witnesses, and attorneys can participate from any location, reducing travel costs and time. Indeed, virtual courtrooms eliminate the types of geographic barriers that long restricted access to justice.
Participants (litigants, witnesses, and legal professionals) can now engage in proceedings from just about anywhere in the world.
This global accessibility ensures that necessary parties and witnesses are available to attend hearings and provide testimony without the need for long, potentially cost-prohibitive travel. It’s a great boon for those who may lack access to reliable transportation.
Virtual courtrooms are also particularly advantageous for individuals with disabilities.
The truth is, the traditional courtroom setting can be challenging for these folks — from navigating physical spaces and transportation to enduring lengthy proceedings.
Virtual platforms, on the other hand, can be tailored to accommodate various needs, including those of the hearing or visually impaired. Features like real-time captioning, screen reader compatibility, and customizable interface settings ensure that the legal system is more inclusive for everyone.
Moreover, virtual courtrooms can significantly lessen the intimidation and stress that often accompany physical court appearances.
Being able to present their cases from a more comfortable environment may be especially beneficial for those who suffer from anxiety, PTSD, or other mental health challenges.
#2: Efficiency
One of the most palpable benefits of virtual courtrooms is the reduction in delays and scheduling conflicts. Scheduling court appearances is simply more manageable in a virtual setting – which can lead to quicker case resolutions.
Traditional court settings are notorious for long waiting times and rescheduled hearings, often due to logistical challenges and overcrowded dockets.
Virtual courtrooms allow judges and court staff to manage their workload more effectively.
For example, they can conduct hearings back-to-back without the need for physical courtroom changes or the inevitable shuffling in and out of litigants and their attorneys. Attorneys, too, can go from session to session without even needing to stand up.
This efficiency enables the judiciary to handle more cases within the same timeframe, thereby reducing the case backlog and contributing to a faster delivery of justice.
#3: Safety
Virtual courtrooms have also ushered in an era of enhanced courthouse safety, a critical consideration in today’s increasingly security-conscious society.
Sadly, the physical courthouse setting can sometimes be a breeding ground for intimidation tactics and harassment.
Virtual hearings minimize these risks by providing a buffer between opposing parties.
This separation is crucial in contentious cases, where emotions run high and the potential for physical confrontations is ever-present. By participating in a secure digital environment, individuals are shielded from direct threats, enabling them to testify without fear of immediate reprisal.
Obviously, virtual courtrooms also emerged as a pivotal safety solution during the pandemic.
By eliminating the need for physical presence, digital proceedings are thought to have significantly reduced the risk of transmitting COVID within this very public forum.
Drawbacks of remote justice
For all the benefits of remote-access courtrooms, there are also some downsides. Here are some of the top complaints about attending court via computer:
#1: Limited access to technology
According to some sources, the very population that lacks the means to attend court in person tends to be the same population with the most tenuous access to reliable technology.
For these folks, it can feel like virtual hearings are just as inaccessible as in-person proceedings.
The truth is, even in 2024, not everyone has access to high-quality internet or the necessary devices to participate in a virtual courtroom setting. Even if it’s an option to participate by telephone, that’s not as ideal as being able to see and interact visually.
#2: Challenges in presenting evidence and witness testimony
Presenting evidence and questioning witnesses are pivotal components of any trial.
In a virtual courtroom, technical issues can obstruct the flow of evidence in ways that make attorneys, judges, witnesses, and jurors want to pull their hair out.
Courtrooms have seen difficulties in displaying electronic documents, lack of familiarity with software, and connectivity issues affecting a witness’s ability to testify. While these issues are less common now that we’ve had time to work out some of the kinks, no technology is perfect in all situations.
#3: Nuances of human interaction
Any trial lawyer will tell you that things like body language, tone, and immediate reactions play an essential role in court.
Some people are concerned that these nuances can be lost or misinterpreted in a virtual environment.
An attorney’s ability to read a room, a judge’s capability to interpret sincerity, or a jury’s assessment of a witness’s credibility can certainly be impacted when trials and other proceedings are conducted virtually.
#4: Privacy concerns
While most court proceedings are traditionally open to the public, some — such as cases involving trade secrets or confidential informants — are closed to ensure secrecy and security.
Virtual platforms can be vulnerable to hacking or unauthorized access, especially when the people using these platforms are untrained in cybersecurity.
What happens when the people running the virtual platform don’t know how to spot unauthorized access? In court, you can see if there’s someone in the room who shouldn’t be, but an untrained administrator might miss the signs that there’s an interloper in the virtual room.
This raises valid concerns about the sensitive information that is sometimes disclosed during proceedings.
#5: Formality and decorum
Lastly, some people fear that virtual settings may inadvertently reduce the gravitas and formality traditionally associated with courtrooms.
If you’ve ever watched court hearings online, you know that participants don’t always treat the proceedings with the same level of seriousness that they used to. This, in turn, may ultimately affect the perceived sanctity and rigor of the judicial process.
Where do we go from here?
As lockdowns have ended and the world has reopened, in-person proceedings have returned. However, the legal industry has continued to embrace virtual access in many situations.
It seems that virtual courtrooms will be an integral part of the justice system for the foreseeable future, even if they’re not the only option. Fully remote and hybrid proceedings will continue to be an option, and we can hope that the courts will keep working on their security, accessibility, and ease of use issues.
Love it or hate it, you’d be wise to think of remote courtrooms as just another routine part of the job.
Sure, there’s plenty of valid criticisms of virtual hearings — but aren’t there just as many valid criticisms for traditional courtroom procedures?
The continued use of remote access options marks a rare step forward in the way our legal system operates. This is a chance to speak up about the problems we still see in our profession, share ideas about how to do things better, and hopefully move forward to create a better justice system for everyone involved.
