While attending the DRI Board of Directors meeting, I participated in a very interesting discussion involving the effects of technology on the future of our practice. It is important to contemplate the exciting and somewhat scary changes that are expected in the coming years. In looking to the future, one must reflect on recent changes involving the Internet, the Blackberry, Facebook, Twitter, and Blogging. The speed and availability of information over the internet can be overwhelming.
Will we be facing the “virtual courtroom” in the coming years? Is the availability of wide-spread electronic information to jurors hindering our ability to control the flow of information in a manner consistent with the rules of evidence? Can we or should we control that flow of information and prevent jury access to cell phones, web browsers, and Twitter during trials? Has our “open” and “liberal” rules of discovery hampered the right to a swift and economical jury trial? Is ESI crippling the ability to manage discovery? So much to think about! These discussions will likely continue with vigor so to best protect the right to jury trial and the professional and economic survival of our profession.
