THE COURT ROOMS ARE GETTING EMPTY

The Lonely Days of Judges & Lawyers

I was in court yesterday for a hearing. I’d gotten there about 15 minutes early. The only ones in the court room were the judge, bailiff, court reporter and myself. The judge and I began chatting, sharing war stories. I told him about my first trial in front of a particular federal judge who was the worst judge I’d ever appeared before.

During the conversation, he lamented the fact that he missed the old days when lawyers had to physically appear before the court in hearings and that today, there are so many days that go by without seeing anyone. In short, the court room was mostly vacant of people except for staff and he missed the interaction.

Lawyers are, like so many of the rest of the world, busy people. And, if we can avoid a 45 minute drive by attending a hearing on the phone or on a Zoom call, we’re going to opt for that. However, what used to be free is now almost $100 bucks for attending Court via telephone.

I made the mistake recently of opting for the telephonic conference. The one time I used the service was in this case a few months earlier, and I did not know it was now a paid service. And, since this was a case where I represented the State of Indiana and the terms of settlement were set, I had to eat the charges.

As the judge and I talked, sharing “war stories,” I realized something. It hit me that the future of the legal profession was changing before my eyes. I suddenly saw future AI implementations in a way I’d not seen it. AI is going to change every professional life in some way. Some professions are going to dramatically change (like the medical profession, for example). But, the legal profession is also going to change in ways that are good, and some not so good.

One change is in simple hearings and trials. Back in the Covid time, I did my first (and only) trial by Zoom. Exhibits had already been submitted electronically and examination of witnesses (who were in a “holding room,” appeared magically at the touch of a button by the Bailiff.) I believe this is going to occur more and more as AI connects humanity with its digital world.

In the legal arena, I foresee a time when the direct examination of a witness and cross examination will be done by AI. At that point, I’m not sure what the role of the lawyer will be. Administrator? Push the “on-off” buttons for the AI (assuming the AI will allow you)?

Photo by Igor Omilaev on Unsplash

Bottom line is that the Court room is likely to be a very lonely place in the coming years. There’ll be no more chats with the judge before the hearing. And, no more chats with colleagues gathered in the hall outside the court room. We’re moving into an era in which we will be physically alone. Our main connections will be digital.

We’re slowly becoming isolated.

Probably the admonition of a wise old man of yesteryear are more relevant today than they were when he wrote them thousands of years ago.

“Not forsaking the assembling of ourselves together, as the manner of some is; but exhorting one another: and so much the more, as ye see the day approaching.” (Ancient Book of Hebrews, chapter 10, verse 25)