Attorneys Joseph Fortner and Jennifer Pedevillano were interviewed for the Hartford Business Journal article, “Virtual Law & Order,” discussing the use of remote technologies in court cases during the COVID-19 pandemic, and the future outlook for technology in the legal field. It was published in the October 5th edition of the Journal.
Joseph commented on the expanding options regarding expert witnesses:
Whether it’s a civil or criminal trial, real estate dispute or even a divorce case, attorneys often enlist subject-matter experts to testify in favor of a client. Before widespread use of online platforms in court, lawyers were limited to witnesses geographically close enough to physically attend hearings – unless the lawyer or client can pay travel costs. It’s a problem, for example, if an attorney is trying a banking case, and the best banking expert is located in Switzerland, Fortner said. “It broadens the spectrum of who you could have as a witness.”
Jennifer acknowledged the limitations of the new technology:
Even when the technology is working, presenting physical evidence can be challenging, said Halloran Sage attorney Jennifer Pedevillano. For example, an attorney representing a construction worker in a workers’ compensation case may have a harder time demonstrating a defective ladder. “I think right now everyone is adapting and doing it because they have no choice,” Pedevillano said. “I think when it becomes a choice, you’ll see a divide [over whether to continue using them].”
Joseph has noted that the forced embrace and acceptance of virtual litigation and trials in fact opens a range of possibilities beyond expert witnesses. As remote participation becomes more accepted and less costly, it becomes easier to include testimony from fact witnesses who might otherwise not be available to travel, and to allow for out-of-state client participation in trials and hearings at little additional expense. The scope of potential arbitrators and mediators can be broadened, so that location will not necessarily preclude the use of someone who has the right experience for the proceeding. Thus, as Jennifer has commented, when the use of technology and virtual participation becomes a choice, not a requirement, we will see how the profession and the courts truly adapt to what this technology offers.
Access the full article here.