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Say it with a whisper, but there is quite a lot we could learn from teenagers. For at least the last decade, the iPhone generation has spent its time effortlessly sliding between the real world and cyberspace, with the likes of FIFA and Fortnite easily connecting gamers the world over. Theirs is a generation that is quick to embrace change, particularly the technological, and isn’t bogged down by doctrinal attachments to often outmoded methods of working.
The same, I would politely suggest, can not be said of many within the construction sector. Until recently, many of us used computers for emails, photographs, exchanging word documents and frustrated shaking. The thought of a work video call was enough to induce a shudder, mostly down to the poor quality and general unreliability of Business Skype. For all the developments at home – where many of us were forced to accede to the beckon of Netflix and FaceTime, if only to escape the mocking from below – workplaces remained decidedly analogue spaces in an otherwise digital age.
However, change is afoot. The Covid-19 pandemic has forced businesses to adapt, and construction law is certainly no outlier. In fact, the last few months have provided a glimpse of the future. With courts across the country shut down, it became necessary to pioneer new ways to ensure the wheels of justice continued to turn. Thus, earlier this year, Barton Legal led on the first entirely remote case, heard on Zoom, to come before Technology and Construction Court in English legal history.
The proceedings demonstrated that there is no reason why, after the pandemic has finally beaten a retreat, cases shouldn’t continue to be conducted virtually. After all, Zoom allows for the easy sharing of screens and submission of evidence (and removes any ambiguity about which page in lengthy bundles counsel is referring to). Advances in picture and audio quality allow forensic cross examination to take place on screen. In fact, I would argue that the peculiarities of Zoom enhance proceedings – magnifying every expression or nervous tic – rather than detract.
Of course, as with any new development, there will be sceptics and teething problems, not least surrounding the concerns that court cases could be routinely ‘Zoombombed’ or confidential details leaked. But with the right protections – the enforcement of existing laws around contempt of court, for instance – these challenges are by no means insurmountable. The legal sector is having its FIFA moment.
Put it another way, if virtual cases become the new norm, what do we stand to gain? The removal of unnecessary journeys and meetings, significantly saving money and time; and the expedition of often inefficient, performative trials. We have the chance to greatly extend access to justice for the sector.
In the office, we gain the ability to exchange ideas with more people in real time whilst looking at, and even being able to amend, their documents, almost as if you are sitting next to them. Even for complex projects, the office has never been closer to the site office.
Even on the most complicated and technical of projects in the remote parts of the world, we can now share, discuss, question, learn and apply expert knowledge to solve issues and problems.
It is typical to conclude arguments for a transformation by appealing to Isaac Newton’s famous claim that ‘if I have seen further it is by standing on the shoulders of Giants.’ Perhaps, though, as we slowly emerge into the post-pandemic world, we ought to refashion the phrase. After all, by embracing the teenage mindset, namely the willingness to embrace new methods of working, we could see further than we hitherto have.
*Bill Barton is director at Barton Legal
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