Online Courts and the Future of Justice Paperback – 8 July 2021

In spite of pushing for the online court so fervently. Richard Susskind (‘RS’) has not set out what the structure an online court should have or how it is to run. That is because, as he admits (p.5) that he is ‘not persuaded that a tight definition of online courts is either possible or desirable’. So, what is he saying that we ought to do? That is a good question. Essentially, nothing new. He is saying that we must use technology in our courts (we are). He is saying we have to have more disputes heard remotely and not in open, physical courts (we are – especially since Covid-19). The rest of his book has his views about justice and fairness, none of which are original. RS is adept at setting up ‘straw men’ to attack so that he can advance his arguments. For example, he claims that one objection to not having online hearing in which papers are filed online, judges sitting in their kitchens may not bother to read, then he says the same occurs with judges in ‘brick and mortar courtrooms’, and concludes that the criticism of online judges is no different from ‘brick and mortar’ judges. His chapters on artificial intelligence and what he calls ‘the computer judge’ reveal nothing extraordinary or revelatory. The truth is, the world, including the courts and judges acknowledge that technology has and will continue to change the way the courts work in dispensing justice, but the courts of individual jurisdictions will have to proceed at a pace depending on the state of technology available, and the money available, not just for equipment and systems, but also for training. ‘Online Courts and the Future of Justice’ is very accessible in that it is easy to read with no complex or complicated propositions. It is a difficult book to read because the author is so full of himself, and it becomes obvious, very early in the book, that he is out to promote himself more than the idea of the online court, which the world has already caught on. He appears to be pushing himself in to be engaged as a consultant to those who have extra money in their budget and have to spend them.

Digital support to the justice system will be key to our future courts. And online approaches too. Covid-19 has dialled up the need for us to be thoughtful about how, what and when we make progress. This is a 'get you going' primer for anyone dealing with issues today or trying to safely implement change that makes justice more timely in delivery - but sustaining the necessary protections.The Checklist of Critical Success Factors in the Appendix was a valuable addition.

Richard Susskind has been arguing for years that the solution to the problems of citizens' access to justice lies in online courts. In 'Online Courts and the Future of Justice', he makes out a compelling case for such courts. He also provides convincing answers to the many objections that have been raised to them by doubters. Although Susskind is a passionate advocate of online courts, his argument is throughout balanced and scholarly. His writing is crystal clear and admirably free of complex, technical detail.

I am not a lawyer, however the law affects us all, and more and more of it is happening 'digitally'.

A STIMULATING DEBATE WHICH IS FASHIONING CHANGE AS ONLINE COURTS EMERGE IN THE 2020sAn appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and MediatorProfessor Richard Susskind never fails to surprise us with his excellent new assessment on the future of legal services as we enter the 2020s. There is much of a personal approach to the thorny and controversial subject of what are called “online courts” which can different things to different professionals. One thing, however, is sure- change is on the way as the current systems we use to process justice have to face technological change whether we like it or not.“Online Court and the Future of Justice” is another, in quite a long line, of books from Richard about what the future holds for his granddaughter (amongst others). Oxford University Press (OUP) are to be congratulated in publishing these texts at a time of change when we just do not know which possible direction, we will end up going in, locally and globally, with the new technologies as they come in.“Our court system is struggling”, says the author. “It’s too costly to deliver justice for all but the few, too slow to satisfy those who can access it. Yet the values implicit in disputes being resolved in person, and in public, are fundamental to how we have imagined the fair resolution of disputes for centuries”.Inevitably, the question is raised - could justice be delivered online? Yes… and no. Susskind remarks that this idea “has excited and appalled in equal measure, promising to bring justice to all, threatening to strike at the heart of what we mean by justice”. And those are just some of the politer views as lawyers do not like change!With online courts moving “from idea to reality”, the government and public alike are facing one of the most fundamental changes to our justice system seen for centuries. However, the public’s understanding of it, and debate about this “process revolution” are only just beginning with Susskind’s new book.For this new work, Susskind, who is described as “a pioneer of rethinking law for the digital age”, confronts head-on the challenges facing our legal system and the potential for technology to bring much needed change. His brings his expertise from years of experience leading discussions (often via OUP) on “conceiving and delivering online justice” and is rightly described here as charting and developing the public debate which will be of interest to a wide legal and lay audience alike.Against a background of austerity politics and cuts to legal aid, the public case for online courts has too often been framed as a business case by both sides of the debate. Are online courts preserving the public bottom line by finding efficiencies? Or sacrificing the interests of the many to deliver cut price justice? Susskind broadens the debate by making the moral case (whether online courts are required by principles of justice) and the jurisprudential case (whether online courts are compatible with our understanding of judicial process and constitutional rights) for delivering justice online.The book runs to just over 300 pages with an introduction, 28 chapters and a useful checklist on “critical success factors” set out in an appendix at the back. Footnotes are also included at the end together with a bibliography and short index.The hardback edition of this book was published on 22nd October 2019.