Thesis

First Class LLB Honours Dissertation

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Module
Law Honours Dissertation (LAW10133)

Institution
Edinburgh Napier University (ENU)

This document is an example of an LLB Law dissertation for an honours degree. This dissertation was graded with distinction at 80/100. This is an example of a high-quality dissertation. The intellectual property contained in this dissertation is protected. The production of this document is solely ...

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Uploaded on June 18, 2024
Number of pages 52
Written in 2021/2022
Type Thesis
Supervisor(s) Professor richard whitecross
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LLB Law

Honours Dissertation

TITLE

‘Technology and the Legal Profession: An Analytical
Study’

Word Count

10,830

i

, Table of Contents

Chapter 1: Introduction……………………………………………………………………1
1.1 Background………………………………………………………………………………1
1.2 Aims and Objectives……………………………………………………....…….……...3
1.3 Structure…………………………………...….…………………………………..……..4
1.4 Literature Review………………………………………………………………………..5
1.5 Methodology……………………………………………………………………………..7
1.6 Research Contribution………………………………………………………………….8

Chapter 2: Digital Revolution of the Legal System…………………………………..9
2.1 Introduction……………………………………………………………………..….…….9
2.2 Technology in the Courtroom………………………………………………….……..10
2.3 Does Access to Court = Access to Justice?........................................................14
2.4 Emerging Technologies…………………………………….…………………………18
2.5 Conclusion…………………………………………………………………….…….….20

Chapter 3: The Future of the Profession……...……………………...……...……....21
3.1 Introduction……………………………………………………………………………..21
3.2 Disruptive Technologies………………………………………………..…..…………21
3.3 The Future for Law Firms……………………………………………………..………26
3.4 Judges, Technology, and Online Courts………………………………………...….28
3.5 Conclusion……………………………………………………………………...………29

Chapter 4: The Evolution of Legal Education…...………………………………..…31
4.1 Introduction…………………………………………………………………….…….…31

4.2 Technology in Legal Education………………………………………….……………32
4.3 MIT School of Law?..............................................................................................34
4.4 Re-evaluating Legal Training…………………………………………………………36

4.5 Conclusion…………………………………………………………………………..….37

ii

,Chapter 5: Conclusion and Recommendations………………...…………………..38
5.1 Introduction……………………………………………………………………….…….38
5.2 Key Findings……………………………………………………………………………38
5.3 Recommendations……………………………………………………..……..……….40
5.4 Final Word………………………………………………………………………...……41

Bibliography…………………………………………………………………….…………42

iii

, CHAPTER 1: Introduction

1.1 Background

Legal systems around the globe are in the midst of an inevitable digital revolution. The
spark for change was heavily prompted by two major developments: the rapid
emergence of legal practice technologies 1 and the global pandemic “unlike any seen
in over a century”2. The pandemic was not merely an accelerant, but a bitter reminder
of a lack of tolerance to technological integration and outdated methods of practice
still plaguing the modern legal system. Indeed, Susskind 3 notes that the “working
practices of lawyers and judges have not changed much since the time of Charles
Dickens.”4 Inevitably – with the immediate and essential relocation online – court
procedures were being hacked5, interrupted by mistakenly invited guests 6, or clients
were being represented by lawyers masquerading behind humorous filters 7.

The key hope for online courts is to provide a fast, cost saving method of litigation and
greater access to justice.8 Litigants will have the opportunity to pursue a claim at any
time, from anywhere.9 Although, there remains a debate as to whether greater access
to the courts is allowing for greater access to justice; “a criticism [...] is that the
modernisation programme [in England and Wales] is proceeding on the basis of a
concern for expenditure but is not paying the same attention to access to justice.” 10

1
Lyle Moran, ‘Business As [Un]usual: Will the COVID-19 Pandemic Fundamentally Remake the Legal
Industry?’, (2020) 106 A.B.A. J. 34, 36
2
See ibid. See also Christopher A. Suarez, 'Disruptive Legal Technology, COVID-19, and Resilience
in the Profession' (2020) 72 S C L Rev 393
3
Professor Richard Susskind OBE is President of the Society for Computers and Law, Strategy and
Technology Advisor to the Lord Chief Justice, and Chair of the Advisory Board of the Oxford Internet
Institute.
4
Richard Susskind and Daniel Susskind, The Future of the Professions: How Technology Will
Transform the Work of Human Experts (OUP 2016) 67
5
See ‘Twitter hack teen's court date 'Zoombombed' with porn’ BBC News (London, 5 August 2020)
<https://www.bbc.co.uk/news/technology-53667664> accessed 4 April 2022
6
See Anna Khoo, ‘Remote hearings for family courts 'horribly cruel'’ BBC News (London, 4 June
2020) <https://www.bbc.co.uk/news/uk-england-52854168> accessed 4 April 2022
7
See Adam Gabbatt, ‘Texas lawyer, trapped by cat filter on Zoom call, informs judge he is not a cat’
The Guardian (London, 10 February 2021) <https://www.theguardian.com/us-
news/2021/feb/09/texas-lawyer-zoom-cat-filter-kitten> accessed 4 April 2022
8
Richard Susskind, Online Courts and the Future of Justice (OUP 2021) 66
9
Lord J. Briggs, ‘Civil Courts Structure Review: Interim Report’ (Courts and Tribunals Judiciary,
December 2015) <https://www.judiciary.uk/publications/> accessed 2 November 2021
10
Rodger Smith, ‘Digitalisation and the Courts of England and Wales’ (Law, Technology and Access
to Justice, May 2018) <https://law-techa2j.org/odr/digitalisation-and-the-courts-of-england-and-
wales/> accessed 2 November 2021

1

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