Virtual Advocacy: Litigating from a Distance

 

In the evolving landscape of legal practice, the advent of virtual advocacy has been heralded as a beacon of equality, promising to democratize access to justice. The book Virtual Advocacy: Litigating from a Distance, edited by Sean Petrou and Akiva Stern, delves into this transformative shift. Particularly compelling is the chapter on Access to Justice, which illuminates both the potential and the pitfalls of this new paradigm.

Section 12.04, titled “Drawbacks of Virtual Advocacy,” (p. 271) presents a sobering counterpoint to the otherwise optimistic narrative. As someone who has long viewed virtual advocacy as a harbinger of positive change, I was struck by the nuanced discussion of its drawbacks, especially its negative impacts on vulnerable populations.

The authors argue that while virtual advocacy can indeed lower barriers for many, it simultaneously erects new ones for those already marginalized. For instance, individuals with limited access to technology or those lacking digital literacy may find themselves further disenfranchised. The digital divide, thus, becomes a chasm, exacerbating existing inequalities rather than bridging them (p. 275).

Moreover, the impersonal nature of virtual interactions can strip away the human element that is often crucial in legal proceedings. Vulnerable populations, who may already feel alienated by the legal system, might find virtual advocacy even more intimidating and less empathetic. The absence of face-to-face interaction can hinder the establishment of trust and rapport, which are essential for effective advocacy.

The authors also highlight the potential for technical issues to disproportionately affect those with fewer resources. Unstable internet connections, inadequate hardware, and lack of technical support can all impede the ability of vulnerable individuals to participate fully in virtual proceedings. These challenges underscore the need for a more inclusive approach to the implementation of virtual advocacy. “Access to on-line information and court-mandated case management software will be a significant barrier to unrepresented individuals whose first language is not English or French or who have limited literacy skills” (p. 275).

Furthermore, individuals with disabilities may face unique challenges in virtual settings. For example, “a person who is non-verbal, has communications disabilities, or visual or hearing impairments may struggle to participate in virtual proceedings that rely on phone or video, and may experience difficulty communicating via electronic means, such as email” (p. 276). The justice system must recognize and accommodate these needs to ensure that virtual advocacy does not inadvertently exclude those it aims to help.

While virtual advocacy holds great promise for enhancing access to justice, it is not a panacea. This serves as a good reminder to remain vigilant about the limitations of technology in order to mitigate its adverse effects.

Virtual advocacy : litigating from a distance  Contributors: Petrou, Sean, editor. ; Stern, Akiva, editor. Toronto, Ontario : LexisNexis Canada Inc., 2023. 9780433525134