The popular perception of the law, enhanced by Netflix and literature, depicts a battleground where sharp adversaries clash before a jury and a judge: one side is right, the other is wrong; one side tries to reveal the truth, the other tries to mask it. This popular (and oversimplified) perception portrays the zero-sum game dynamic that is too often associated with the courtroom. This perception makes it easy to forget that the core of the legal system is the pursuit of truth and justice.
Seeking truth in a world filled with misinformation
Last week at the Class Action Money and Ethics conference, I had the chance to hear plaintiff and defense attorneys discuss (and agree!) on the importance of truth seeking. It is not every day that you see adversaries sit together on a panel, and even more rare is to see them agree on core issues - where usually they are at the opposing sides of the courtroom: both physically and intellectually.
In an era inundated with information and misinformation alike, all sides of litigation - plaintiff, defense, and society as a whole share a common interest of having fair, real, accurate litigation. And this is where technology kicks in - it is our task to create more trust in the legal system and shift it from zero-sum game to a positive-sum game, the shift lies in basing arguments on better, data-driven evidence.
The role of legal tech in maintaining a fair and accessible legal system
Tech plays a critical role in fostering trust in the legal system. Advanced data analytics can be employed to verify the accuracy of class size, to avoid fraudulent accounts attempting to get a piece of the settlement, to identify non-genuine victims, and also to make sure the total settlement amount is accurate and that defendants don’t end up spending more than they needed to.
For plaintiff attorneys, the integration of tech offers a strategic advantage, enabling them to allocate resources to cases with genuine merit whilst taking on less risk. Likewise, defense attorneys leverage tech tools to examine the validity of claims, ensuring that justice is upheld on both sides of the legal spectrum.
Tech also plays an important part in connecting attorneys with relevant plaintiffs. It helps in making sure that the violation actually occurred to the specific class rep, in order to avoid instances like those we have seen in the past where a case gets dismissed because technology wasn’t properly applied to make sure that the class rep is indeed a victim of the violation. In addition, tech can be applied to ensure a plaintiff is genuine and not a deepfake that couldn’t even attend a simple deposition, which would again make the entire case collapse - whether justified or not.
However the symbiotic relationship between technology and the legal system extends beyond the confines of the courtroom. In a broader societal context, the democratization of information empowers individuals to engage with the legal process actively. Access to online resources and legal databases equips citizens with the knowledge needed to navigate complex legal terrain, fostering a culture of accountability and transparency.
Legal tech enables a true and fair legal system
As we navigate the evolving landscape of litigation, it becomes increasingly evident that the shift from a zero-sum game to a positive-sum game will be closed by tech. While the popular narrative may depict the legal system as a zero-sum game, defined by winners and losers, the reality is far more nuanced. Through the synergistic integration of technology and legal expertise, we embark on a new journey towards a legal landscape characterized by truth, equity, and accountability.
Want to leverage tech to find impactful cases? Contact us.
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