CHAPTER TWO

INFORMATION TECHNOLOGY AND LITIGATION PROCESS

2.0.0 INTRODUCTION
We are all experiencing today, a profound shift toward an electronic-
based society and economy.
1
Information technology has substantially
changed the way we interact, communicate and transact. The most
essential of these changes is the sharp increase in international
commerce
2
. Domestic and international transactions are now largely
conducted electronically. Information Technology is a ubiuitous element
that brings about new challenges, along with new possibilities and
expectation. !itigation as one of "ital methods in the national and
international dispute resolution mechanism cannot escape these
changes. The resistance and s#epticism of the past are fading, and
today, !aw $irms and courts recogni%e the need to adapt to these new
de"elopments.
The relationship between information technology and litigation process
and administration of &ustice is integral. This is because !itigation
process is primarily information handling
'
. !i#ewise, administration of
1
(orbache")s *hallenge+ ,conomic -eform in the .ge of /igh Technology 0W W 1orton 2 *o, 13456
p. 5.
2
Thomas 7chult%8 Information Technology and .rbitration, 0*ambridge 9arch, 2::;6 p.1
'
Dory -eiling8 Technology for <ustice, how information technology can support <udicial reform 0 ..D.
-eiling= !eiden >ni"ersity ?ress, 2::36 p. 1;
&ustice is an acti"ity that is made up of ha"ing information a"ailable,
communicating about it, and producing new information
@
. $or centuries,
the litigation process is predominantly paper-based. -ecent
ad"ancements in information technology ha"e made it possible to
exchange court process electronically. This chapter will first examine
e"olution of the litigation process and how and which information
technology could be integrated in "arious stages of the litigation process.
With the current trend in the litigation, most of the litigation preparation or
wo# are now done in the !aw $irm. This no doubt, increase wor#load in
the law firm. Thus, this chapter will also proceed to discuss the use of
Information technology in the !aw firm. The ma&or complaint about court
system is that trial or hearing of cases ta#e too long. There are claims
that integration of Information technology into court is capable of
reducing the problem of delay in the dispensation of &ustice. Thus, this
chapter also discuss the IT support for court system. The chapter
concludes by examining the role of information technology in the context
of problems confronting administration of &ustice.
2.1.0 INFORMATION TECHNOLOGY AND LITIGATION PROCESS
!itigation is the carrying on of a suit, action, cause or matter in courts of
law. Alac# !aw Dictionary defines litigation to mean a law suit, legal
action, including all proceedings therein. *ontest in a court of law for the
@
ibid
purpose of enforcing a right or see#ing a remedy. . &udicial contest, a
&udicial contro"ersy, a suit at law
B
.
!itigation process in"ol"es the resolution of disputes through the court
system and starts with the claimant filing and ser"ing of the court
processes on the defendant in the trial court. !itigation process is mainly
about processing and exchanging of information by the parties through
their counsels. It also in"ol"es presentation of information in a logical
seuence by each side before an unbiased umpire, who will e"aluate the
information in reaching a decision
;
. Information is the fundamental
building bloc# that is present and the focus of attention at almost e"ery
stage of the legal process
5

The entire litigation process is go"erned by -ules of each *ourt that
specify the procedures the parties must follow from commencement of
the litigation until the litigation terminates. .ccordingly, once a dispute is
submitted to the courts for resolution, all parties to the litigation must
carefully follow the *ourtCs ?rocedural -ules.
!itigation process consists of four basic stages8 information gathering,
pleadings, disco"ery and motions, as well as trial and post-trial
B
Alac#, /enry *ampbell, Alac#s law Dictionary, ;the ,dition, *entennial ,dition, 7t.?aul 9inn. West
publishing *o. 133:, 3'@
;
7usan Ala#e8 . practical approach to effecti"e litigation by susan Ala#e se"enth edition 0oxford
>ni"ersity ?ress 2::36 p.5
5
,than 9. Datsh, law in a digital world 5 0133B6.
proceedings. ,ach stages of the litigation process is witnessing
integration of information technologies tools such as using of8 email to
communicate with client, in the first stage, word processing to process,
store and retrie"e information in the second stage, forensic and e-
disco"ery software in the third stage and lastly, e-filling, image cameral,
"ideo conferencing and pro&ector for presentation of e"idence in the last
stages.
It is noteworthy, that e"en before the emerging and integration of
Information Technology into litigation process, there ha"e been a lot of
inno"ations and impro"ements in the litigation process towards the
achie"ement of a &ust, efficient and speedy dispensation of &ustice
4
.
The practice of lawyers leading witnesses to gi"e his e"idence in-chief
orally in open court, and oral address by lawyers has ceased to be the
norm as a series of inno"ations and impro"ements were introduced in
the litigation process.
The new ci"il procedure rules modify the philosophy of ad"ersarial
approach to litigation by introducing principles of achie"ing &ustice
through case management otherwise #nown as pre-trial conferences
and scheduling. The purposes of the pre-trial conferences are8 disposal
of non-contentious matter which must or can be dealt with an
4
$or instance, Erder 1 -ule @026 of the #wara 7tate /igh *ourt 0*i"il ?rocedure6 -ules, 2::B
pro"ides F.pplication of these -ules shall be directed towards the achie"ement of a &ust, efficient and
speedy dispensation of &usticeG
interlocutory application, gi"ing such directions as to the future course of
the action as appear best adapted to secure its &ust and expeditious
disposal and prompting amicable settlement of the case or adaptation of
alternati"e dispute resolution.
3
While ad"ocacy in the court room, trial remains the ultimate focus of
litigation process there is more much greater emphasis on a Hcards on
the tableC approach that specifically encourages the clarification of issues
and the exchange of information at a relati"ely early stage. This is
popularly referred to as frontloading system
1:
.
$rontloading system got its root from !ord Woolf)s .ccess to <ustice
-eform of 133;
11
of the >nited Dingdom which introduced inno"ations
into the ci"il &ustice system in order to ma#e it simpler, uic#er, cheaper,
more &ust and consumer friendly. The frontloading system was first
imported into 1igeria by !agos /igh *ourt 0*i"il procedure6 -ules, 2::@.
The process of conducting litigation is in the middle of a period of
massi"e change. This decade has witnessed the introduction of the 1ew
/igh *ourt 0*i"il ?rocedure6 -ules, and the next decade is li#ely to see
e"en more significant change, with the increased use of Information
3
7ee generally Erder '' of the #wara 7tate /igh *ourt 0*i"il ?rocedure6 -ules, 2::B.
1:
7ee generally, Erder 2 -ules 2026 the #wara 7tate /igh *ourt 0*i"il ?rocedure6 -ules, 2::B
11
!ord Woolf, a <ustice of the 7upreme *ourt of ,ngland was appointed by the !ord *hancellor to
re"iew the then existing system of *i"il ?rocedure in ,ngland. The final report entitled .ccess to
<ustice was published in 2::@. ."ailable at www.legco.go".h#=yr:;-
:5=english=bc=bcB5=...=bcB5:;11cb2-13;:-e.pdf "isited last on 1B <une, 2:1'.
Technology to pro"ide legal ser"ices. It is uite foreseeable that the way
in which litigation process are normally conducted will change uite
radically in less than a generation, due to the continue integration of
information Technology in litigation process
12
. The litigation process, in
e"ery &urisdiction, is transiting from paper based to electronic based by
integration of IT into the litigation process.
2.2.0 USE OF INFORMATION TECHNOLOGY IN LEGAL PRACTICE AND LAW OFFICE
!aw $irms today operate in a hybrid en"ironment of both paper and
electronic documents. Technology has transformed nearly e"ery aspect
of the legal profession from methods of communication, to how lawyers
prepare for trial and present cases. Information is now largely
processed, stored, transmitted and retrie"ed electronically. The legal
profession as information dependent-profession must integrate best
suitable information technology tools to handle and process a
tremendous "olume data in the information age.
1ot too many years ago, the a"erage law office had a typewriter, an
adding machine, and a duplicating machine of some type. ?aper was
#ing, with e"ery document typed, edited, retyped and freuently retyped
again. In each instance, a paper copy was produced and deli"ered to the
super"ising attorney for re"iew and additional changes. It then was
12
7usan Ala#e8 F. practical approach to effecti"e litigationG se"enth edition 0oxford >ni"ersity ?ress
2::36 p 2
returned for retyping and e"entually sent to the client, to the opposing
counsel, or filed with the court. $ile cabinets abounded in the law office,
and the storage of paper files created bac# rooms, warehouses, and
other storage locations filled with box after box of paper. The trend is
toward eliminating paper in the law office through the use of computer
technology and software
1'
.
7uss#ind has predicted the transformation of medium legal practice and
&ustice deli"ery from paper to electronic. /e posited that F!egal practice
and the administration of &ustice will no longer be dominated by print and
paper in tomorrowCs legal settings. Instead, legal system of the
information society will e"ol"e rapidly, under the considerable influence
of e"er more powerful information technologies. !egal profession will no
longer suffer from excessi"e uantity and complexity of legal materials.
There will be a mechanism in place to gi"e e"ery one fair warning of the
existence of new laws and change in the old through the note-up
ser"ice. !aw will become far more fully integrated with domestic, social
and business li"esG
1@
.
The legal profession is slow in #eeping pace with the digital re"olution as
research has pointed out that change comes slowly to the legal
1'
7cott .dams, Dilbert cartoonist8 Technology in the !aw Effice Technology+ 1o ?lace for WimpsI
1@
7uss#ind, -. information technology and the future of lawyers, &ournal of the law society of 7cotland
0133;6 p.@2
profession, e"en in the digital age.
1B
/owe"er, legal professionals ha"e
two primary moti"ations for integrating new information technologies into
the practice of law. $irst, the "olume and di"ersity of data that lawyers
must analy%e in the course of their wor# ha"e exploded. 7econd, the
efficiency gains in other industries highlight the cost sa"ings that can be
achie"ed by adopting more sophisticated technology
1;
.
The application of the information technology in !aw Effice has been
classified into fi"e basic categories+ 016 client relations and mar#eting, 026
legal research, 0'6 word processing, 0@6 management and accounting,
and 0B6 litigation support.
15

Information technology has changed the way !aw $irm procure,
communicate and ser"e clients. $or instance, ,-mail has become an
effecti"e tool of communication between lawyers and clients, especially
corporate clients or internet sa""y clients. En the impact of electronic
communication between !aw $irm and client, *esar !. .l"are%,
executi"e chairman at (reenberg Traurig !!?, obser"es, JTechnology
has created the expectation that attorneys will be responsi"e to clients
1B
*atherine <. !ancott, .ttorney-*lient -elationship in *yberspace+ The peril and the promise, @3
Du#e !.<. 013336 p. 1@3
1;
.yres, Ian. 2::5. Data dri"en decision-ma#ing by modern business. In+ /ar"ard <ournal of !aw
7tudent and technology82:,2+ 125
15
*raig *alhoun 2 9artha *opp, *omputeri%ation in !egal Wor#+ /ow 9uch Does 1ew Technology
*hange ?rofessional ?racticeK @ -,7. 7E*. WE-D 2'' 0134468 Douglas ,. !itowit%, Loung !awyers
and .lienation+ . !oo# at the !egal ?roletariat, 4@ I!!. A.<. 1@@ 0133;6.
2@=5
14
. .t the same time, it has pro"ided flexibility that allows lawyers to
manage their personal commitment while pro"iding clients what they
need on an almost immediate basis.
13
J
!aw $irms are increasingly using online #nowledge-sharing platforms
such as 7hare?oint to facilitate collaboration among geographically
dispersed legal team. $or example, the international !aw $irm, 9inter
,llison, introduced a web-based "ideo collaboration tool that combines
*isco technology with high-definition "ideo, unified computing, real-time
social networ#ing and content management. The purpose was to enable
associates in the $irm)s .ustralia, /ong Dong, *hina, 1ew Mealand and
>nited Dingdom offices to wor# together more easily
2:
.
. number of online collaboration platforms, such as $irmex, Nerdict and
9a"enlin#, ha"e been designed specifically for the legal profession.
$irmex features secure, "irtual data rooms where attorneys can perform
due diligence, share files, create digital records or exchange documents.
7ome lawyers use Nerdict for collaborati"e case and pro&ect
14
-ule 1@ of the profession conduct, 2::5 en&oys that a lawyer shall consult with his client, #eep the
client informed of the progress and any important de"elopment in cause or matter as may be
reasonably necessary and as well respond as promptly as reasonably possible to reuest for
information by the client.
13
Inter"iew with *esar !. .l"are%, executi"e chairman, (reenberg Traurig !!?, $eb. 1B, 2:12.
."ailable www.futurelawoffice.com accessed on 1=5=1'
2:
Aan#s, !isa. J9inter ,llison -olls Eut Oideo *ollaboration.J *=E, <uly 14, 2:11.
management, while others use 9a"enlin#, an online platform that
features shared wor# spaces
21
.
It has been obser"ed, that the type of communication tools !aw $irms
should adopted in communicating with clients has to be client-focused.
The Dennis Dennedy, an information technology lawyer and legal
technology author, who also writes for the .A. <ournal and co-hosts
JThe Dennedy-9ighell -eportJ podcast, obser"es that client
reuirements ha"e been a #ey dri"er of inno"ation among lawyers. /e
notes that after initial resistance by lawyers, email is now an essential
tool for client communication.
22
The best approach !aw $irms can ta#e is
to as# clients what would help them most and then base a substantial
part of their technology strategy on client-focused initiati"es
2'
,lectronic communication with clients in"ol"es some ethical issues
which lawyers must obser"ed. These ethical concern in"ol"e a wide
array of issues, including communications with prospecti"e clients,
confidentiality, and the "arious duties that lawyers must maintain to their
clients. !awyers must ensure that electronic communications with, or
about a client are secure and not accessible to unauthori%ed indi"iduals.
When communicating confidential information to or about a client,
21
Alac#, 1icole. J!egal *urrents+ *loud-based data bac#up options for lawyers.J ."ailable at
www.!egal1ews.com, accessed on 1=5=1'.
22
-obert /alf !egal, $uture !aw Effice, TechnologyCs transformation of the law field P page 2
2'
Ibid p.'
lawyers should employ reasonably appropriate means to minimi%e the
ris# of disclosure or interception of the information. In assessing whether
to use a particular information technology to communicate confidential
information to or about a client, lawyers should assess the situation from
different perspecti"es.
2@
!awyers should inform a client of the ris#s of unauthori%ed disclosure
and interception before using information technologies. !awyers need to
ensure that their clients, too, understand that they need to protect the
confidentiality of communications to them. 7ee#ing client consent before
using a particular technology for communications may be appropriate
2B
.
In addition to the technologies that we use to process information, there
are many sophisticated technologies which may assist practices in
enhancing their information security. .nti-"irus software, intrusion
detection de"ices and automatic bac#up applications are some
examples of technologies which are of enormous assistance in
structuring information security management.
2;
2@
?ro&ect *onsultant ,li%abeth $. <udge, ?h.D. $aculty of !aw, >ni"ersity of Ettawa, Ettawa8
Information to 7upplement the *ED, E$ ?-E$,77IE1.! *E1D>*T, (uidelines for ?ractising
,thically with 1ew Information Technologies 07eptember, 2::46 p.;
2B
Ibid P p. 5
2;
9ar# /eyin# 2:11, Information 7ecurity (uidelines for 7outh .frican !aw $irms. ?.'
The de"elopments in both technology and the law support the use of
encryption to protect all confidential information. It is therefore
recommended that lawyers
25
+
I. use encryption to protect confidential information that is
transmitted electronically 0e.g. e-mails68
II. implement computer access restrictions 0e.g. strong passwords
and encryption6 to protect confidential information that is stored
electronically, including confidential information stored on portable
storage de"ices 0e.g. >7A dri"es6, on mobile computing de"ices
0e.g. laptops and personal data assistants 0?D.s66, and on
des#top and networ#ed computers8 and
III. use full-dis# encryption for any mobile computing de"ice.
.s noted abo"e, World Wide Web and Internet are now being embraced
by the legal community at a phenomenal pace
24
as mar#eting tools
23
.
9ore and more lawyers are using the Web to promote their practices,
disseminate information, communicate with clients and prospecti"e
clients, conduct legal research, and carry on the practice of law.
25
Ibid P p.;
24
<. T. Westermeier, ,thical Issues for !awyers on the Internet and World Wide Web, ; -I*/. <.!. 2
T,*/. B, 07ymposium 13336, a"ailable P Qhttp+==www.richmond.edu=&olt=";i1=westermeier.htmlR.
accessed on 2:=:;=1'
23
.llen W. *hiu8 The ,thical !imits of elawyering+ -esol"ing the 9ulti&urisdictional Dilemma of internet
practice through 7trict ,nforcement, 0>*!. <ournal of !aw and Technology 2::@6 p.1
!aw $irms in the ad"anced countries employed website to deli"er legal
ser"ice online to internet sa""y clients. The new trend of legal ser"ice
deli"ery through utili%ation of the internet is termed e!awyering
':
or
"irtual law office
'1
. This in"ol"es deli"ery of legal ser"ices online, such as
utili%ing secure client portals and using web-enabled document
automation and interacti"e ad"isory applications. The "irtual law office
pro"ides client with secure portals for uploading and "iewing legal
documents, downloading legal forms or interacti"e with client online.
Ene model of this new breed of legal practice is the website
!egal.d"iceline.com. This inno"ati"e website allows clients to discuss
their legal concerns with a li"e lawyer. With a few clic#s, a potential client
can submit a uestion online and chose to recei"e an answer by phone
or e-mail- for a fraction of the price that clients see#ing traditional
counsel may pay
'2
. .ccording to Ausiness law today,
!egal.d"iceline.com Fhas seen enormous growth in &ust the past few
years and now ser"es tens of thousands of people a year
''
.G
':
Ibid P p. 1
'1
7tephanie Dimbro, a practitioner and scholar of "irtual law offices, defines a "irtual law practice as
one where Fthe use of an online client portal allows for the initiation of the attorney=client relationship
through to completion and payment for legal ser"ices. .ttorneys operate an online bac#end law office
as a completely web-based practice or in con&unction with a traditional law officeG a"ailable at
http+=="irtuallawpractice.org accessed on 1=5=2:1'.
'2
.llen W. *hiu8 The ,thical !imits of e!awyering+ -esol"ing the 9ulti&urisdictional Dilemma of
Internet ?ractice Through 7trict ,nforcement 02::@ >*!. <.!. 2 Tech. 1otes 16
''
,rin Walsh, 7ome *all It e!awyering+ Is It a Ara"e 1ew World or an ,thical SuagmireK, 12 Aus. !.
Today, <an. 2::', a"ailable at http+==www.abanet.org=buslaw=blt=2::'-:1:2=walsh.html accessed on
1=5=1'.
!aw $irm website and the practice of law in the cyberspace 0o"er the
Internet6 raises serous ethical issues especially in 1igeria and other
&urisdiction where ad"ertisement is prohibited by the rules of professional
conduct. $or example -ule '3 of -ules of ?rofessional *onduct for
!egal ?ractitioners, 2::5 restrict ad"ertisement of legal ser"ices.
-ule '3 01-@6 of -ules of ?rofessional *onduct for !egal ?ractitioners
2::5 pro"ides as follows8
016 Subject to paragraphs (2) and (3) of this rule a lawyer may engage
in any advertising or promotion in connection with his practice of
the law, provided it ----
(a) is fair and proper in all the circumstances; and
(b) complies with the provisions of these ules!
(2) " lawyer shall not engage or be involved in any advertising or
promotion of his practice of the law which -----
(a) is inaccurate or li#ely to mislead;
(b) is li#ely to diminish public confidence in the legal profession, or
the administration of justice, or otherwise bring the legal
profession into disrepute;
(c) ma#es comparison with or critici$es other lawyers or other
professions or professionals;
(d) includes any statement about the %uality of the lawyer&s wor#,
the si$e or success of his practice or his success rate; or
(e) is so fre%uent or obstructive as to cause annoyance to those to
whom it is directed!
(3) 'otwithstanding the provisions of paragraph (() of this rule, a
lawyer shall not solicit professional employment either directly or
indirectly by -
(a) circulars, handbills, advertisement, through touts or by personal
communication or interview;
(b) furnishing, permitting or inspiring newspaper, radio or television
comments in relation to his practice of the law;
(c) procuring his photograph to be published in connection with
matter in which he has been or is engaged, or concerning the
manner of their conduct, the magnitude of the interest involved
or the importance of the lawyers position;
(d) permitting or inspiring sound recording in relation to his practice
of law; or
(e) such similar self-aggrandisement
0@6 1othing in this rule shall preclude a lawyer from publishing in a
reputable law list or !aw Directory, a brief biographical or
informati"e data of himself, including all or any of the following
matters T
It appears from the abo"e pro"ision, that the !aw $irms or legal
practitioners in 1igeria cannot maximi%e the potentials of the internet or
website as a modern day ad"ertising tools. !egal practitioners in 1igeria,
in compliance with the rules of professional conduct, can only maintain a
non-interacti"e website simply pro"iding information for reference, such
as biographical and contact information of the firm, areas of practice and
firmCs publications. /owe"er, many of the official websites of 1igerian
legal firms could be regarded as pure ad"ertising tools.
'@
.lthough there is nowhere in the world where attorney ad"ertising is
unregulated, yet some &urisdictions li#e the >.7. legal practitioners are
'@
Lusuf Ibrahim .rowosaiye, ?h.D, Information Technologies 0IT6 and its ?lace in TodayCs !egal
?ractice and .dministration of <ustice,
allowed to engage in moderate ad"ertisement of their legal firm
'B
. The
global trends of internet ad"ertising has finally caught up with legal
practice and legal practitioners must act uic#ly to wor# out the most
appropriate model that will be suitable for the peculiarity of the legal
profession. Lusuf Ibrahim .rowosaiye, obser"ed in his article titled
HInformation Technologies 0IT6 and its ?lace in TodayCs !egal ?ractice
and .dministration of <usticeC, that F*onsidering the philosophies and
&urisprudential thoughts behind laws and rules that regulate legal
practice, especially in 1igeria, in &uxtaposition with the contemporary
social digital lifestyle, I submit with all sense of modesty that we may
soon ha"e to bid some of these laws, rules and regulations farewell in
order to usher in the era of the information age or be left behind. I
pre"iously held the "iew that medical doctors and lawyers should not be
permitted to ad"ertise their ser"ices. /owe"er, the reality of cyber world
has changed my perception. If ad"ertisement will afford consumers the
opportunity to ma#e the right choice, of ser"ice pro"iders, let it beG. .lso,
Dayode Eladele
';
while condemning the rule pre"enting legal
practitioners in 1igeria from ad"ertising their ser"ice, ad"ocate for the
'B
ibid
';
/e is currently on the Aoard of the Detroit-based .merican-1igerian ,conomic *ouncil 0.1,*6.
?rior to this, Dayode Eladele, who now practises as an international law attorney in 9ichigan 7tate,
>nited 7tates of .merica 0>7.6, he was one of the founding members of the pro-democracy groups
li#e the *ampaign for Democracy 0*D6 and 1ational .ssociation of Democratic !awyers 01.D!6. /is
inter"iew is a"ailable at http+==nigeria"illagesuare.com=articles=#ayode-oladele=inter"iew-why-
lawyers-should-ad"ertise.html
re"iew of the rules to allow legal practitioners in 1igeria to engage in
ad"ertisement with restrictions.
.t the end of the ;th 7ection on !egal ?ractice 07!?6 .nnual
*onference with the theme F-aising The Aar, International Aest
?ractices In !egal ?racticeG held at <ogor *entre, !iberty -oad, Ibadan a
communiuU signed by the *hairman, 7ection En !egal ?ractice,
Donald Denwigwe 07.16, conceded to the need for the re"iew of the rule
of ad"ertising. It was resol"ed among others that, F In "iew of the global
trends in legal ser"ice deli"ery, there is the need to re"iew the -ules of
?rofessional *onduct as it relates to the restriction against ad"ertisingCC.
.s information technology tools are becoming increasingly integrated
into the practice of law, and deli"ery of online legal ser"ices is now a
reality. This transformation will no doubt pose serious challenges to the
rules of professional conduct. The legal profession must therefore, act to
bring the rule of law into practice of law in cyberspace
'5
. Without clear
guideline for lawyers to follow in the course of such de"elopment, the
practice of law o"er the internet raises many significant ethical dilemma,
many of which threaten e"en the fundamental concepts of traditional
legal practice
'4
.
'5
.llen W. *hiu8 The ,thical !imits of e!awyering+ -esol"ing the 9ulti&urisdictional Dilemma of
Internet ?ractice Through 7trict ,nforcement 02::@ >*!. <.!. 2 Tech. 1otes 16 a"ailable at
www.lawtech&ournal.com=notes=2::@=:1V:@:4:3Vchiu.php accessed on 1=5=1'
'4
Ibid
Information technology tools ha"e made legal research easier. !egal
data ser"ices ha"e de"eloped some additional tools that generate useful
information in a more automated way. $or instance, electronic data
ser"ices li#e !exis1exis and Westlaw ha"e become firmly entrenched as
legal research tools. WestCs law *ase ,"aluator system uses a forms-
based interface to collect information about a case and automatically
assembles reports that include rele"ant case citations, "erdict trends for
similar cases in the &urisdiction, and excerpts from rele"ant expert
materials
'3
. 7imilar electronic legal data ser"ices such as !aw ?a"ilion
@:
,
!egalpedia
@1
are now a"ailable in 1igeria.
.nother information technology tool in use in the !aw $irm is case
management system. *ase management system is a framewor# for the
entire firm to operate as a more cohesi"e and consistent organi%ation.
*ase management system is an indispensable tool for partners,
associates and staff in their daily wor#. The system ?ro"ides access to
all matter-related information and communications in a central location
from a single interface, sa"ing time for searching documents and other
information, capturing more billable time, automating the new matter
'3
<ohnathan <en#ins W/.T *.1 I1$E-9.TIE1 T,*/1E!E(L DE $E- !.WK /ar"ard <ournal of
!aw 2 Technology, 0Oolume 21, 1umber 2 7pring 2::46 .p B3@
@:
7ee.www.lawpa"ilion.com
@1
!egalpedia is 1igeria)s most comprehensi"e legal e-library software solution with a super-fast
search engine that greatly reduces the time and expense of conducting legal research. With this
extremely easy-to-use software, you will ha"e instant access to the largest collection of 1igerian
*ases, !aws, -ules of *ourt, .rticles, Dictionary, !atin 9axims e.t.c. see.www.legalpediaonline.com
inta#e process, alerting attorneys and staff when a new file has been
assigned to them, creating customi%ed wor#flows for each practice area
and automatically populating documents with #ey matter information
@2
.
.lso in widespread use, are a number of more law-specific technologies.
!egal calendar software extends the basic pro&ect management software
by including legal timing rules. Ailling software trac#s billable hours and
integrates billing information into accounting and financial software
pac#ages
@'
.
In addition to office automation software, lawyers already use a wide
range of computational tools of "arying sophistication. These tools
include word processors, Eptical *haracter -ecognition software, "oice
to text software for real-time transcript of "oice to text, software for
document assembly, and other litigation support software
@@
.
USE OF INFORMATION TECHNOLOGIES IN THE COURT SYSTEM
.d"ances in technology continue to creep into the courtroom with
greater and greater freuency. .lthough many &udges and practitioners
@2
9att -yan, 7enior *onsultant, *ase 9anagement+ Why DoesnCt ,"ery !aw $irm >se ItK *riteria for
>se, 7uccess and $ailure 0White ?aper6 p.@
@'
ibid
@@
<ohnathan <en#ins W/.T *.1 I1$E-9.TIE1 T,*/1E!E(L DE $E- !.WK /ar"ard <ournal of
!aw 2 Technology, 0Oolume 21, 1umber 2 7pring 2::46 .p B3@
initially resisted the e"olution of technology in the courtroom.
@B
The use
of information technology in court is considered one of the #ey elements
to significantly impro"e the administration of &ustice.
@;
While it is important to harness technology for the purposes of
enhancing efficiency in the &ustice processes, it must be emphasised that
courts exist for the primary purpose of dispensing &ustice in a manner
that secures the publicCs enduring confidence. When technology is
added to the process, &ustice must not be subtracted from the outcome.
.ccordingly, fairness to the parties, integrity and efficiency of the legal
process, reliability of e"idence gi"en with the aid of technology as well as
public acceptance of technology in the &ustice process must be carefully
weighed and considered when new technology is used in the
courtroom
@5
?rofessor $redric !ederer, an astute thought leader on the ongoing
fascinating
@B
Ay 7tan (ibson, ,"ol"ing *ourtroom Technology 0(?7olo Technology 2 ?ractice (uide - <une
2::;6 a"ailable
athttp+==www.americanbar.org=newsletter=publications=gpVsoloVmaga%ineVhome=gpVsoloVmaga%ineVi
ndex=courtroomtechnology.html acccessed on 2B=@=2:1'
@;
9arco Oelicogna, <ustice 7ystems and I*T8 What can be learned from ,uropeK
http+==www.utrechtlawre"iew.org= 0>trecht law re"iew Oolume ', Issue 1 0<une6 2::56 p. 123
@5
#eynote address deli"ered by O D -a&ah8 <udge of .ppeal, 7upreme *ourt, 7ingapore International
*onference on ,lectronic !itigation .ugust 2:11, 7ingapore. ?.1
Interplay between technology and legal processes, has insightfully noted
that
@4
)igh-technology courtrooms and technology-augmented litigation
are reflections of the understood, but rarely voiced, nature of legal
practice! *egal practice, especially litigation and adjudication, is a
highly sophisticated form of information management!
+he courtroom is a place of adjudication, but it is also an
information hub! ,utside information is assembled, sorted and
brought into the courtroom for presentation! ,nce presented,
various theories of interpretation are argued to the fact finder who
then analy$es the data according to prescribed rules (determined
by the judge through research, analysis and interpretation) and
determines a verdict and result! +hat result, often with collateral
conse%uences, is then transmitted throughout the legal system as
necessary! +he courtroom is thus the centre of a comple- system
of information e-change
information technology is being adopted by the courts and counsel
because it is often more efficient than traditional approaches, does a
better &ob of con"eying information to the &udge, and sometimes ma#es
possible that which could not be done in its absence 0such as remote
testimony from a witness who cannot tra"el to court.6 <udges particularly
li#e it because it substantially speeds up e"idence presentation. 9any
lawyers li#e it because they are no longer limited to painting picture with
words but also enhances their persuasi"e abilities.
The core stage in litigation process is the hearing of case during the trial
by the &udge. The hearing is essentially about the presentation of
@4
$redric !ederer, FThe -oad to the Oirtual *ourtroomK . *onsideration of TodayCs T and TomorrowCs
T /igh-Technology *ourtroomsG01334-13336 B: 7outh *arolina !aw -e"iew 533 0FThe -oad to the
Oirtual *ourtroomG6 at 4::8
information to the fact finder 0&udge6 in the form of pleadings, written
depositions of witness and arguments. Information technologies tools
has been incorporated in many &urisdictions with a "iew to enhance
presentation and management of information in court.
The a"ailable sources on the use of information technology ha"e a
different approach and they use different categori%ations. .ccording to
*harles W. 1ihan and -ussell -. Wheeler, information Technology has
three general uses in the courts. $irst, it can pro"ide management and
operational support, enabling courts to deal better with the increased
si%e and complexity of their caseloads. 7econd, it can speed the
execution of routine tas#s and increase the amount of useful information
a"ailable to a court. $inally, it can help courts accomplish the research
and planning tas#s necessary for the proper administration of &ustice
@3
.
To 9arco Oelicogna, technologies is also di"ided in three groups based
on their technological, organisational and complexity. The first group
consists of basic technologies such as des#top computers, word
processing, spreadsheets and both internal and external e-mail for both
&udges and administrati"e personnel. The second group consists of
applications used to support the administrati"e personnel of the court,
which include automated registers and case management systems.
@3
*harles W. 1ihan and -ussell -. Wheeler8 >singTechnology to Impro"e the .dministration of
<ustice in the $ederal *ourts Arigham Loung >ni"ersity !aw -e"iew 013416 p.;;1
$inally, the third group consists of technologies used to support the
acti"ities of the &udges, such as law and case law electronic libraries,
and sentencing support systems
B:
.
Dory -eiling
B1
in his boo#, Technology for <ustice8 /ow Information
Technology *an 7upport <udicial -eform8 held the "iew that Information
Technology for courts can be distinguished into technology for+
.! +he courtroom, supporting what happens in the courtroom itself
..! +he bac# office, supporting the processes that are related to case
administration, document production and court management
III. /-ternal communication, supporting all communication with parties
and the general public outside the courts!
B2
Therefore, the use of information technology in court will be discussed
on the following di"ision. Information technology 7upport for court
management, Information technology support for &udges and court staff
and Information technology 7upport for interaction between courts and
parties.
Informaton t!"#no$o%& S'((ort for "o'rt mana%!m!nt
B:
9arco Oelicogna, <ustice 7ystems and I*T8 What can be learned from ,uropeK
http+==www.utrechtlawre"iew.org= 0>trecht law re"iew Oolume ', Issue 1 0<une6 2::56 p.1':
B1
Dory -eiling8 Technology for <ustice /ow Information Technology *an 7upport <udicial -eform
0!eiden >ni"ersity ?ress, 2::36 p.@4
B2
Dory -eiling8 Technology for <ustice /ow Information Technology *an 7upport <udicial -eform
0!eiden >ni"ersity ?ress, 2::36 p.@4
. number of different applications ha"e been de"eloped to support the
administrati"e component of the court offices organi%ation and to
automate administrati"e tas#s
B'
. .utomated registers is one of the
application de"eloped in court to automate court doc#et and other court
register acti"ities. .utomated registers is a database technology used in
courts for registration and management of cases. *ase registration
systems replace the functionality of traditional court doc#ets
B@
.
.utomated registers databases contains "irtually all the important
information concerning e"ery action, cause or matter filed in the court,
including partiesC particulars, the nature and uantum of the claim, the
document filed and the outcome of hearings and more
BB
.
.nother information technology tool de"eloped in "arious &urisdiction
where technology has been fully integrated in the litigation system is
*ase management and trac#ing system. *ase management and
trac#ing system in"ol"es the monitoring and managing of cases in the
court doc#et from the time the action is filed to the moment it is finally
disposed of by way of trial, settlement or otherwise. It ensure that all
cases progress swiftly without unnecessary delayC. *ase management
and trac#ing system support and automate the bac#-office and the
administrati"e wor# of court staff, case trac#ing, case planning,
B'
9arco Oelicogna
B@
Dory -eiling8 ibid at p.B:
BB
Ibid at p. @
document management, scheduling of hearings and support of &udicial
acti"ities. $or example, after the receipt of a pleading the e"ent needs to
be registered, the case needs to be allocated to a &udge, notices need to
be sent, a hearing must to be set, as well as time allocated for the &udge
to re"iew the pleading before the hearing. If a response is not recei"ed
from the opposing party, a reminder may be sent by the cler#. In the
paper based system, the flow of cases is carried around in the heads of
court personnel, or is ingrained in procedures and material artefacts
such as to-do lists
B;
.The *ase 9anagement 7ystem embeds such
#nowledge and automatically performs most of these tas#s, pro"iding
support to others 0e.g. trac#ing e"ents and generating reminders of
deadlines6 and thus helping to impro"e the ser"ice
B5
.
Wor#flow management system is another court management system. It
helps to monitor the output and performance of the courts, helping the
planning and organisation of court acti"ities and the allocation of
resources
B4
. The more sophisticated Wor#flow management pac#ages
summarise the court wor#flow on a daily, wee#ly and monthly basis.
They are able to display the aggregate information on the court acti"ities
in different graphical "iews. . monthly calendar can show the number of
B;
<.,. 9c9illan, *ase 9anagement 7ystems+ The $our Aubbles, 133B, p. 5 a"ailable at+
http+==www.ncsconline.org=W*=?ublications= DI7V*as7ys*TA133B9c9illan?ub.pdf accessedon
'=5=1'
B5
Ibid
B4
ibid
actions and the time allocated in the courtroom for each day.
.lternati"ely, bar charts can be produced to show each day of the wee#
and the number of matters, by type, scheduled for the court and help
plan court acti"ities
B3
.
$urthermore, as the operation of the *ourts generates a significant
"olume of financial transactions including, fines, bails, fees, etc. *ourts
acuire goods and ser"ices and in some cases also hire personnel. In
se"eral countries, software applications ha"e been de"eloped or are
under de"elopment in se"eral countries to help processing and
accounting for such transactions. In Ireland, for example, the *ourts
.ccounting 7ystem 0*.76 has been piloted in a small number of District
*ourt offices. 9oreo"er, it is now being extended to all the @@ District
*ourts
;:
.
Informaton t!"#no$o%& )'((ort for *'+%!).
Oarious Information Technology tools ha"e been de"eloped to impro"e
the ability of &udges. These ha"e been designed to support and to
automate &udgesC acti"ities. Information Technology supports the wor# of
the &udges in se"eral areas, including, the legal research, the information
B3
ibid
;:
9arco Oelicogna, >se of Information and *ommunication Technologies 0I*T6 In ,uropean <udicial
7ystems ,>-E?,.1 *E99I77IE1 $E- T/, ,$$I*I,1*L E$ <>7TI*, 0*,?,<6 ?. 25
management and retrie"al, document production and the decision-
ma#ing
;1
.
!egal research is one of the aspects of the &udgeCs acti"ity that has been
probably most affected by the use of Information Technology tools. 9any
electronic legal database are now a"ailable which pro"ide access to
&udicial decisions, rules of "arious courts, statutes and much more.
*onducting on-line legal research and surfing the growing number of
websites has become more and more, a part of a &udgeCs daily acti"ity.
-eal time publication of the &udgment on the court official website will not
only enhance uality, efficiency and transparency of the &udiciary but
also reduce the problem of conflicting decisions are which in the raise in
some &urisdiction li#e 1igeria.
.nother important inno"ation is the use of electronic $orums and
discussion groups in which &udges can H"irtuallyC meet and discuss
legislation, procedures and cases. This information technology tool
pro"ides an opportunity for &udges in "arious &udicial di"isions to share
information and recei"e support from his brother &udges.
.nother inno"ati"e information technology tool recently de"eloped in
some &urisdiction to support <udges is the sentencing support and
automated &udgment systems. These systems help in impro"ing the
;1
ibid
uality and aptness of &udgements. Ene of the most successful
examples is the 7entencing Information 7ystem for the /igh *ourt of
7cotland. The system Huses computer technology to a allow trial <udge
uic#, easy access to rele"ant information about past sentencing of the
court in HsimilarC cases, without placing any formal restrictions on the
exercise of &udicial discretionC.
Informaton t!"#no$o%& S'((ort for nt!ra"ton ,!t-!!n "o'rt) an+
t#! ')!r).
This technologies deal with &udicial data interchange between courts and
the networ# of actors with whom the courts interact in perusing their
functions.
*ourt official website is a communication tool that is used to interact and
exchange information with court user as such lawyers and parties.
Different groups of court users ha"e different information exchange
needs. Therefore, Information pro"ided by court websites can be di"ided
into four groups with respect to their content+ general information,
information on court acti"ities and organisation, legal information, and
case information.
The pea# of e"olution of the electronic means of communication
between the court and the court users is the electronic filing system.
9any &urisdictions ha"e implemented the ,-filing system to radically
change the paper based infrastructure underlying the formal
communication exchange within &udicial proceedings to electronic. With
electronic filing system, a lawyer, using a computer from office, home or
e"en from a "acation location, can electronically file a suit, get
information on a case, recei"e court e-notices, download electronic
documents concerning the case. /e or she can search for the next court
appearance in a case, of the occurrence of a number of rele"ant e"ents
on the cases he=she is following, or be automatically remained by the
court of any impending deadline. The court front office became open 2@
hours a day, 5 days a wee#, both for the consultation and for submission
of documents.
2...0 THE IMPACT OF INFORMATION TECHNOLOGY IN LITIGATION SYSTEM AND
ADMINISTRATION OF /USTICE
The main goals of all litigation systems are to achie"e &ust, efficient and
speedy dispensation of &ustice. The primary dri"e for incorporation of
information technology into the litigation system and administration of
&ustice are to reduce case delay and cost, promote access to &ustice,
impro"e effecti"eness and efficiency, and ensure transparency and
con"enience. It is belie"ed that integration of information technology into
the system and administration of &ustice will ha"e the following impacts.
Eff"!n"&
The most apparent and acclaimed impact of integration of information
technology in the litigation system is that is reduces cases delay and
cost
;2
. This is information technology brings about efficiency at e"ery
le"el of litigation processes. With the integration of information
technology in the administration of &ustice, !itigation preparation in the
!aw $irm, filing of pleadings, and trial become more efficient for the
parties in"ol"ed, for their attorneys, for the indi"idual &udges and for the
&udicial system as a whole
;'
. $or instance, the possibility for e-filing of
cases and online ser"ice of process will reduce costs and allow for
efficient storing of data. ,lectronic $iling 7ystem, impro"e the efficiency
of !aw $irms, with the ,lectronic $iling 7ystem in place, !aw $irms can
perform document submission, reuest for electronic copies of the
documents and ser"e documents on other !aw $irms from their offices.
They will not need to ma#e physical trips to the *ourts, hence, sa"ing
precious time. ,lectronic case management system will also ensure
efficient monitoring and managing of cases in the court doc#et from the
time the action is filed to the moment it is finally disposed of. 9oreo"er,
the possibility for accessing files automatically, from the office and from
home, ser"es to shorten proceedings. $inally, &udgesC ability to "iew all
;2
Dory -eiling8 Technology for <ustice /ow Information Technology *an 7upport <udicial -eform
0!eiden >ni"ersity ?ress, 2::36 p.15
;'
Erna -abino"ich-,iny8 A,LE1D ,$$I*I,1*L+ T/, T-.17$E-9.TIE1 E$ *E>-T7
T/-E>(/ T,*/1E!E(L 0>*!. <ournal of !aw 2 Technology6 0spring, 2::46, Oolume 12, Issue 1
at p. '@ a"ailable at www.lawtech&ournal.com accessed on '=5=2:1'
materials digitally during the trial shortens the time needed for writing a
decision
;@
.
A""!)) to /')t"!
.s court proceedings become more efficient, access to &ustice increases.
Therefore, the enhanced efficiency offered through technology is
expected to promote access to &ustice. Integration of information
technology enable poor litigant access to &ustice, because IT ensure
speedy disposition of cases and thereby reduces considerably costs
associated with prolonged litigation
;B
. Information technology also helps
to ma#e our court system more accessible to the court users, litigants
and the general public by ma#ing the &udgments, hearing calendar, court
procedures and case information a"ailable o"er the Internet
;;
.
Part"(aton
. related "alue, which impacts the legitimacy of the &udicial system, is
participation. -esearch in the field of procedural &ustice has underscored
the significance of participation for certain litigants, often bypassing the
importance of the substanti"e outcome of litigation
;5
. The introduction of
;@
Ibid at p. '@
;B
Ibid at p. 'B
;;
<udge !ungten Dubgyur, <udicial -eforms .nd .ccess To <ustice Through The >se Ef Information
.nd *ommunication Technology 0Ict6 In Ahutan, It 9anagement .nd <udicial -eforms In Ahutan at
?.@ a"ailable at www.&udiciary.go".bt=html=education=...=ITW2:?aper-!ungten.pdf
;5
7ee <ohn 9. *onley 2 William 9. ECAarr, /earing the /idden .genda+ The ,thnographic
In"estigation of ?rocedure, B1 !.W 2 *E1T,9?. ?-EA7. 141, 141-35 0133468 William 9. ECAarr 2
<ohn 9. *onley, !itigant 7atisfaction Oersus !egal .deuacy in 7mall *laims *ourt 1arrati"es, 13
technology into court proceedings could contribute to greater
in"ol"ement, if not participation, by parties themsel"es.
Pr!+"ta,$t& an+ Sta,$t&
The introduction of technology into ci"il proceedings might ameliorate
some of the difficulties associated with broad &udicial discretion by
substituting discretion with automated processes in some cases and
through monitoring o"er &udicial decisions in which discretion was
employed.
Tran)(ar!n"&
Information Technology also help the &udiciary to deli"er highest uality
of &ustice by promoting accountability, transparency, and non-arbitrary
decision ma#ing under the rule of law. Information Technology can do
this by gi"ing &udges better access to the law and to tools that can ma#e
them more effecti"e. Information Technology can also achie"e the
ob&ecti"es of accountability and transparency by gi"ing the public access
to the courtCs &udgments, procedures, and case information
;4
.
Con0!n!n"!
!.W 2 7E*CL -,O. ;;1, ;;' 0134B6.
;4
<udge !ungten Dubgyur, <udicial -eforms .nd .ccess To <ustice Through The >se Ef Information
.nd *ommunication Technology 0Ict6 In Ahutan, It 9anagement .nd <udicial -eforms In Ahutan at
?.B a"ailable at www.&udiciary.go".bt=html=education=...=ITW2:?aper-!ungten.pdf
Integration of information technology in the litigation process law firm can
file process from his office with a single clic# 2@ hours a day, 5 days a
wee#. This brings greater con"enience and flexibility to the law firms.
Integration of information technology ma#es it possible for law firm to
recei"e court e-notices, download electronic documents concerning the
case. /e or she can search for the next court appearance in a case, of
the occurrence of a number of rele"ant e"ents on the cases he is
following, or be automatically remained by the court of any impending
deadline
;3
.
2.1.0 CONCLUSION
Information technology and litigation process deals with information
processing and manipulating to produce certain output. ,ach stages of
the litigation process ha"e witnessed integration of information
technologies tools such as using of8 email to communicate with client, in
the first stage, word processing to process, store and retrie"e
information in the second stage, forensic and e-disco"ery software in the
third stage and lastly, e-filling, image cameral, "ideo conferencing and
pro&ector for presentation of e"idence in the fourth states.
/owe"er, the use of information technology in automating litigation
process in both in the !aw $irm and court ha"e not been maximised.
,"en though, integration of the information technology into the litigation
;3
ibid
process has pro"en to be an ine"itable option in dealing with the "olume
of data in the information age, yet the le"el of integration of information
technology in legal profession is low compared to other industries such
as the financial institution.
The ethical issues associated with the integration of information
technology demand urgent response from legal practitioners. 7ome
&urisdictions for instance, >7 has responded to the new ethical issues
arising from integration of information technology into legal practice. The
&urisdiction has pro"ided guideline on ethical issues on e-lawyering and
"irtual law office.
The 1igeria Aar .ssociation must realise that Internet has successfully
remo"ed geographical barriers and ma#e the whole world a single
mar#et. Therefore, in "iew of the global trends in legal ser"ice deli"ery,
there is the need to re"iew the -ules of ?rofessional *onduct as it
relates to the restriction against ad"ertising to enable legal practitioner in
1igeria maximi%e the potentials of the internet or website as a modern
day ad"ertising tools.
The information technology ha"e been seen as an essential tool in
administration of &ustice as it reduce case delay and cost, promote
access to &ustice, impro"e effecti"eness and efficiency, and ensure
transparency and con"enience.