INSIGHT: How Covid-19 Changed the Future of Litigation

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Covid-19 is proving to be the impetus the legal industry needed to embrace remote technologies, Merchant & Gould attorneys write. They look at how law firms are adjusting to new technologies now and how courts may adopt new technologies going forward.

In law firms, one might guess the graduation year of attorneys based only on the technologies employed in their practices.

Lawyers graduating in the last decade may have never even seen a dictaphone in person or have experienced paper cuts from thumbing through thousands of paper documents to prepare them for production in litigation. Only recently did a small number of litigators begin using tablets instead of paper documents in depositions. Nearly all litigators firmly believed it was not possible to effectively conduct a deposition or hearing remotely.

But the Covid-19 pandemic forced change in an age-old profession, nearly overnight. As courthouses around the country continue trials and hearings, and even close completely, courts and attorneys alike have been forced to adopt new technologies at every stage of proceedings.

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Rethinking the Court of Public Opinion

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Futurist Thomas Frey:  American TV personality Ryan Seacrest has a grim look on his face as he walks briskly across the stage. Turning to the camera, he pauses briefly before saying, “You have heard the arguments, listened to the experts, and seen the photos. But now it is up to you to decide the fate of Mr. Howard Cullens.”

 

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