Do We Need More Technologies in Courts? Mapping Concerns for Legal Technologies in Courts

Abstract

Courts use progressively more technologies, and there is no consensus on how much and what technologies would benefit or harm courts and in what ways. The analysis of the variety of concerns in law is gaining momentum. However, there is little data on lawyers’ beliefs and attitudes toward technologies in courts. In this study, practicing lawyers and researchers from three countries were interviewed to map their main concerns for technologies in courts. Thematic analysis was conducted. The main reasons for skepticism toward technologies in courts are based on the lack of knowledge, research, and regulation. The primary concerns involve specific properties of technologies, effects on human decision-making, issues in the legal system, lack of research, advantages and disadvantages in access, equality, effectiveness, and fairness, and the "human factor". The latter includes the need for human interaction, flexible decision-making, and perceived fairness. More focus on humans in human-automation interaction is needed.

Keywords: legal technologies, courts, human factor, human decision-making, human-automation interaction, perceived fairness, artificial intelligence

JEL Classification: O30, K10