Lawyers still uncomfortable with use of electronic evidence

Lawyers and judges have still not fully come to grips with the unique challenges surrouding the use of electronic evidence, LawyersWeekly reports. 

Digital technology is expanding rapidly, but e.law International founder Allison Stanfield says that "most lawyers are slow to make the leap to work with electronic documents, even if it is the original document."

Legislation such as the Electronic Transactions Act 1999 (Cth) is intended to promote confidence in electronic transactions. It provides that a permission or requirement under a Commonwealth law to provide information in writing, a signature, or to retain information can be met by electronic means. However, such provisions may be of little comfort to lawyers who are still uncertain and uncomfortable with changing technology. 

Electronic evidence also has unique requirements and presents new challenges to lawyers and judges, who may not be fully up-to-date on advances in technology.

In some situations, IT technicians may be required to retrieve digital evidence. In such cases there is often "no understanding within courts or even by lawyers obtaining these orders because it’s up to the lawyers to provide the relevant information to the judge so they can make the appropriate orders – they don’t even understand what they’re asking.”

With many legal professionals being slow to embrace the move towards a digital world, these types of issues seem likely to gain greater prominence in the future. 

Source: LawyersWeekly

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