The COVID-19 pandemic sped up adoption of technology in many workplace settings, the legal industry being no exception. Many of us have learned that we can do our jobs effectively in a remote setting, perhaps even with added new benefits and efficiencies.

Particularly in the realm of litigation, processes changed dramatically, and, so far, we have not seen any signs of a return to the past. Embracing technology, litigators and the Judiciary quickly became accustomed to remote filings and remote court proceedings. Clients should be aware that a new era of litigation is upon us.

What’s changed

Litigation, especially corporate litigation, used to entail strict in-person appearance requirements, resulting in sometimes arduous and expensive travel for all parties involved. In Hawaii all matters except evidentiary matters can now be attended by Zoom. The Zoom recording becomes the appellate record.

The positives of remote filings and hearings are clear. They make proceedings more accessible; this is especially valuable for people and matters situated in rural districts.

Operating remotely preserves time and budget, and in some cases might result in a speedier process. In some circumstances the Zoom approach can also create more opportunity for the media to have access to proceedings, resulting in more transparency around issues that are affecting the community.

It should be noted that any electronic and photographic recording of court proceedings must respect Hawaii Supreme Court rules 5.1, 5.2 and 5.3, which define parameters in these circumstances. We are also awaiting further instruction on this matter, as the state Judiciary has proposed rule amendments for continued use of remote hearing technology in court proceedings.

What clients should know

As a client it is important to remember the following:

>> Appearance still matters; dress and behave appropriately.

>> Judges still expect deference and a formal tone.

>> You may be expected to identify yourself if called upon by the judge.

>> All access links are published on the court website.

If you are preparing for a remote proceeding, it’s a good idea to be in a fixed location for optimal transmission quality, and don’t forget to mute yourself when you aren’t speaking. It is also helpful to have all your paperwork organized and in front of you in advance.

Thanks to remote proceedings, clients are now privy to the entire proceeding, which creates more opportunity for the attorney and the client to collaboratively review and assess developments post-hearing. This ultimately could improve the capacity of the client to make a business decision based on what they heard.

Tech floodgates open

We expect to see wider use of technology in the legal space going forward, such as using geolocation data from mobile phones and wearable computer devices as evidence, employing artificial intelligence to sift through documents and leveraging client portals to streamline data collection.

As legal representation becomes more accessible, potentially, given the greater access and efficiency that remote practice affords, business owners are wise to stay abreast of ongoing adoption of technology in the legal profession as it could relate to their business.

Working closely with their attorney, business owners will be well prepared for this new era of litigation.

Patrick K. Wong is of counsel in Carlsmith Ball’s Kona office, concentrating in the areas of administrative and regulatory matters, business and corporate, litigation and alternative dispute resolution, and real estate development. Contact him at pwong@carlsmith.com.