SUMMARY
When human beings wanted to meet their needs, they had to produce technology due to the inadequacy of their skills. Increasing needs have accelerated new technological developments. Various concepts have entered our lives with the development of technology. One of these concepts is the concept of 'internet'. The Internet was introduced on October 29, 1969 with the connection established between two computers in the USA. The internet, which was later developed with various projects, was commercialized and its use became widespread in the first half of the 1990s with the development of software and other elements. With the widespread use of the Internet, a new era has entered: The Information Age. With the development of the Information Age, or in other words, the Information Age, the concept of “Digital Transformation” has entered our lives.
Digital transformation refers to the use of technology to fundamentally change the way an organization operates, delivers value to its consumers and interacts with its stakeholders. It is the use of digital technologies to increase efficiency, automate processes and enhance consumer experiences.
adoption. The way to survive in the digital age is to adapt to the digital transformation process. Law needs to keep pace with digital transformation in order to maintain its place in this age. For this reason, law, like other professions, must adapt to digitalization and find its place in this age.
This study has been written by examining the relevant articles and making various inferences in order to talk about the extent to which developing technologies affect the law and the legal profession, the transformation of law in the age of digitalization, and to provide an idea about the innovations that can be made in the legal fields in the future.
Keywords: Digital Transformation, Digital Advocacy, Legal Automation, Engineering in Law, Legal Procedures in the Digital Age
INTRODUCTION
Changes in communication environments have had an impact on almost all layers of society. The transition to written and printed communication after the oral communication period has caused visible changes in social life.
With the events that developed as a result of the discovery of writing from the oral communication environment, our orientation towards written communication environments has opened an era and closed another era. With the discovery of writing, the prehistoric ages were closed and the historical ages began. With the introduction of writing into our lives in the historical ages, written communication environments have developed. With the widespread use of writing, ways of sharing information have transformed. The information that was passed from person to person and spread by voice turned into information that was written on tablets etc. and spread in a different format thanks to writing.
The development of writing has also contributed to the development of science and technology concepts. Information written in writing has become permanent and has played an important role in the development of technology by enabling the cumulative development of knowledge. Technology is the knowledge of manufacturing machines and devices based on scientific knowledge and, in Heidegger's words, is a technical tool and human activity. This is because technique is produced by human beings and to meet human needs. As a result of increasing needs, many new technologies and technical knowledge have emerged. The development of technology has also enabled the concept of internet to enter our lives. This study will focus on the internet and its aftermath.
With the development of the Internet, there has been a parallel development in the fields of software and hardware. Just as the development of writing paved the way for the transformation of oral communication into written communication, the development of the internet paved the way for the transformation of written communication into digital communication. The beginning of digital transformation can be traced back to the development of the internet, which opened up new possibilities for communication, trade and collaboration.
Digital transformation accelerated in the 2010s with the emergence of new technologies such as artificial intelligence, the Internet of Things and blockchain. These technologies have enabled businesses to collect, analyze and act on vast amounts of data, automate routine tasks, create new products and services, and much more.
Today, digital transformation has become a necessity not only for businesses but also for many professions and departments. Various fields have started to create their place in digital. In the healthcare sector, for example, digital technologies have innovated the way healthcare professionals work. Electronic health records have become a common way of storing patient information and telemedicine has allowed healthcare providers to connect with patients remotely, providing care to patients who do not have access to healthcare facilities or prefer virtual consultations.
In the education sector, digital technologies have transformed the way students learn, with online classes, virtual learning environments and digital learning resources becoming increasingly popular. Digital transformation has also innovated the way legal professionals work, with digital tools such as e-filing, e-discovery and contract management software streamlining the legal process. Other areas embracing digital transformation include finance, logistics, manufacturing and retail. In finance, digital technologies have enabled the development of mobile banking, online payment systems and automated investment tools. In logistics and manufacturing, digital technologies have enabled the implementation of real-time tracking systems and automated processes, increasing efficiency and reducing costs. In retail, e-commerce has become a key driver of growth, with digital technologies such as augmented reality and virtual storefronts enhancing the customer shopping experience.
Law is another field that has been affected by this transformation. Digital transformation has had a significant impact on the legal field, affecting the way legal services are delivered, the types of legal issues that arise, and the way legal professionals interact with their clients. With the rise of electronic communication and email, chat and other forms of electronic communication, digital transformation has enabled lawyers to communicate much more quickly and easily with their clients and other legal professionals; with online legal services, it has made existing online legal services, including legal research, document preparation and even online dispute resolution, more accessible to people who would not otherwise be able to afford legal services; with e-discovery, lawyers can search and analyze large volumes of electronic data to prepare for trial; and with UYAP and other programs, lawyers can work remotely. Overall, digital transformation has brought new opportunities to the legal field.
The intersection of law and technology can be traced back to the early days of the Industrial Revolution. As technological advances led to new forms of trade, transportation and communication, legal systems had to adapt to address the legal consequences of these changes. For example, the invention of the steam engine and the growth of railroads led to new laws governing property rights, liability and the regulation of transportation. The development of telegraph and telephone networks also gave rise to new legal issues related to privacy, intellectual property and communications.
With the rapid developments in digital technologies in recent years, the intersection of law and technology has become even more pronounced. Legal frameworks have had to adapt to address issues related to data privacy, cybersecurity, online commerce and intellectual property in the digital age.
Law can influence technology in various ways. For example, laws can encourage or inhibit technological innovation. Laws that protect intellectual property can encourage companies to invest in research and development, while laws that make it difficult to obtain patents or protect intellectual property can inhibit innovation. Laws can regulate the use of technology by setting standards for safety, privacy and security. Laws regulating the use of drones or autonomous vehicles can help ensure that these technologies are used safely and responsibly, or laws can also influence technology adoption. Laws mandating the use of electronic medical records can encourage healthcare providers to adopt new technologies, while laws restricting the use of certain technologies in certain industries can slow their adoption. Laws can also shape ethical considerations regarding the use of technology. For example, laws that prohibit the use of certain technologies, such as facial recognition or certain types of artificial intelligence, in certain contexts can help ensure that these technologies are used in ways that are consistent with ethical norms and values.
Technology can also affect the law in various ways. For example, technology can facilitate people's access to legal information and resources. Online databases and search engines can make it possible for people to research legal issues and access court records and other legal documents from anywhere in the world. Electronic discovery (e-discovery) can also change the way evidence is gathered and presented in court. It can allow parties to a legal dispute to exchange and review electronic documents and communications, such as emails and text messages, as part of the discovery process. Technology can create new types of crime, such as cybercrime, which require new legal frameworks and approaches. Technology can also facilitate the development of alternative dispute resolution methods, such as online mediation and arbitration, which can provide faster and more cost-effective resolution of legal disputes.
Technology has had a significant impact on the legal system by changing the way legal information is accessed, evidence is presented, crimes are prosecuted and disputes are resolved. As technology continues to evolve and create new legal challenges, the legal system will continue to evolve. The relationship between law and technology is complex and constantly evolving, with each shaping the other in various ways.
While technology has undoubtedly improved the efficiency and effectiveness of the legal system in many ways, there are also some negative effects that need to be taken into account. For example, surveillance technology, the use of tracking devices and software to process personal data raise privacy concerns; the increased use of technology in the legal system increases the risk of cyber-attacks, data breaches and hacking, which can lead to the loss of sensitive information and confidential client data; the risk that technology may perpetuate existing biases and discrimination (e.g. algorithms used in predictive policing and sentencing may be biased against certain racial or ethnic groups); and ethical questions about the role of lawyers and their responsibilities to their clients.
While technology has many benefits for the legal system, it is important to consider and address these negative impacts to ensure that technology is used responsibly and ethically.
Just as technology has negative effects on law, law also has negative effects on technology. Laws that limit certain types of technology or the ways in which technology can be used can inhibit innovation. This can prevent companies and individuals from developing new and potentially useful technologies. Regulations can also slow the adoption of new technology by making it more difficult or expensive to comply with legal requirements. This can lead to slower technological progress or even discourage investment in new technology altogether. Vague or difficult to interpret laws and regulations can create legal uncertainty for companies and individuals. This uncertainty can make it difficult for people to know what is legal and what is not, which can discourage innovation and investment in technology. Laws regulating technology can also violate individual privacy rights. For example, laws requiring companies to collect and store user data can be seen as an invasion of privacy. Some laws and regulations may unintentionally encourage unethical behavior. For example, laws protecting intellectual property rights may encourage companies to file patent lawsuits instead of investing in research and development.
While laws are important to protect individuals and society, they can also have negative impacts on technology. It is important for lawmakers to carefully consider the potential consequences of their regulations to ensure that they do not unnecessarily impede technological progress.
In the digital age, law and technology interactively progress and develop. The results of this interaction can be positive or negative. Sometimes the outcome of this interaction - whether it will have a positive or negative outcome - is decided by individuals, and sometimes it develops against their will. This situation may arise due to various reasons such as the inability of the rule-maker to foresee various innovations and consequences, the limited level of laws and the development of new technologies.
In law, we can take the use of most technologies in both directions. In this case, the user's intention to use the technology is decisive. The use of legal technology, which is put into use with good intentions, by people with bad intentions may have undesirable consequences, or there may be technologies that are not developed to benefit the law but can benefit from its use in law.
Deepfake is a case in point. To explain a little, deepfake is manipulated or fabricated videos, images or audio that use deep learning techniques such as artificial intelligence and machine learning to create convincing, often photorealistic, fake content that is difficult to distinguish from the real thing. Deepfake uses algorithms that can create or alter an image, video or audio by superimposing one person's face or voice over another, creating a convincing but completely fabricated image or voice. While deepfake technology can be useful in certain legal contexts, such as creating realistic simulations of accidents or crime scenes, it can also be used maliciously to deceive judges, juries and other legal professionals.
Although there is no technology specifically used for law, such as Deepfake, there are and will be many technologies that both benefit the law and are open to misleading and malicious use in law. The purpose of technology is variable. For example, a technology designed to protect evidence in law can also be used to obscure evidence in various ways. In short, technology takes shape in the hands of the user.
DEVELOPMENT
While technology occupies an indispensable space in our lives, it also occupies an indispensable space for law every day. In order to understand how the technology that has changed our world will affect the future of law and the legal profession, we can follow technological developments and by examining, reporting and analyzing how technology currently affects the law and its areas of use in law, we can predict and infer how it may affect the future.
Today, the area where law and technology most often meet and collaborate is legal technologies, in other words, legal automation and tools. Legal automations; document management software that helps legal departments manage and store documents more efficiently, allowing files to be easily organized, searched and retrieved, as well as collaborating on documents with colleagues and clients; e-discovery software that helps reduce the time and cost involved in the discovery process, identifying, storing, collecting, reviewing and producing electronic data as evidence in legal cases; practice management software that helps law firms more efficiently manage their day-to-day plans, including scheduling, billing, and accounting, as well as client management and communication; online legal research databases that provide access to a wide range of legal information, including case law, statutes, regulations, and other legal materials, and can help lawyers research more efficiently; and AI-powered legal technologies with future technology artificial intelligence tools and AI-powered legal technologies can help automate a variety of legal tasks, such as contract review, due diligence, and legal research.Legal automation can enable legal professionals to automate these tasks, saving time and reducing the risk of errors or oversights, while increasing the speed and accuracy of their work.
Legal automation's place in law is rapidly growing and taking root, as more and more law firms, law departments and other legal organizations adopt automated systems to streamline workflows and increase efficiency. In the years to come, these and new technologies will be further developed and
will be indispensable parts.
For example, virtual reality (VR), which refers to the use of technology to create a simulated environment that is immersed in a computer-generated world, is one of the technologies that is expected to occupy a significant space in our lives in the coming years. Through the use of sensors and tracking devices, VR technology can track the user's movements and adjust the visual display in real time, allowing them to interact with the virtual world as if they were actually there. Users can often manipulate objects, explore environments and interact with other digital characters or users. Virtual reality technology has numerous applications, from entertainment and gaming to education, training and therapy. It can also be used in sectors such as architecture, engineering and healthcare to simulate scenarios and test designs, and in the coming years it may also be used in the legal field.
The use of VR technology in the legal field can create realistic 3D simulations of the crime scene and allow lawyers to explore and analyze the crime scene from different angles, helping to collect evidence, reconstruct the crime and identify potential witnesses. VR can also help with jury selection and can be used to simulate the experience of being a juror, allowing lawyers to better understand the perspective of potential jurors and make more informed decisions during the jury selection process. VR technology can also be used for meetings in law. For example, it can be used to create a virtual meeting space for parties to mediation or arbitration. This can help reduce travel costs and improve communication between the parties.
Virtual reality (VR) technology can be used in law offices in a variety of ways, including
Virtual reality technology (VR) can also be used in law firms in a variety of ways. For example, in case visualization, VR can be used to create visualizations of crime scenes or accidents, helping lawyers to better understand the circumstances of a case. This can help them build stronger arguments and more convincing evidence. to present their case. VR can also be used to create interactive exhibits for use in court. This could include recreating crime scenes or providing visualizations of complex data. VR can also enable lawyers to work collaboratively. Virtual meeting rooms can allow lawyers to share documents, exchange ideas and work together more efficiently. In short, VR can be a useful tool for training, communication and collaboration, as well as for law firms looking to provide a more compelling case for their clients in court.
Another one of the technologies of the future, augmented reality (AR) is a technology that creates an interactive experience for users by allowing digital information to be superimposed on the physical world. Unlike virtual reality, which creates a completely artificial environment, AR enriches the real world by adding digital information to it. AR is typically experienced through wearable technology such as a mobile device or smart glasses. Using sensors and cameras, the device can identify the user's surroundings and overlay digital information on them.
There are various potential uses of augmented reality (AR) technology in the legal field. For example, augmented reality can be used to create 3D visualizations of crime scenes, allowing investigators to better understand and interpret the crime scene and possible evidence. AR can also help investigators reconstruct the sequence of events leading up to a crime.
AR can also be used to create interactive exhibits for use in court. For example, lawyers can use AR to recreate a crime scene or provide a virtual tour of a building. This can help jurors better understand the evidence and arguments presented.
AR can also be used during jury selection to help lawyers better understand potential jurors. For example, lawyers can use AR to create avatars of potential jurors based on their social media profiles, allowing them to better understand their interests and personality traits.
AR can also be used to simulate real-world scenarios for training purposes. For example, lawyers can use AR to give courtroom presentations or mimic negotiations in a simulated environment.
AR can also be used in contract review, offering possibilities to enhance contract review by highlighting key terms or clauses. For example, lawyers can use AR to overlay a contract with annotations, making it easier to identify important details.
AR has the potential to provide lawyers with new and innovative tools to improve their practice, including training, communication and presentation of evidence in court. The use of AR in law has the potential to improve the accuracy and effectiveness of courtroom presentations and can help to ensure that justice is delivered more fairly and efficiently.
The development of legal technologies has not only affected legal automation but also legal procedures. Procedural changes in law have played an important role in improving the efficiency and fairness of legal processes. By adopting new technologies and alternative dispute resolution mechanisms and simplifying legal processes, procedural change has helped to increase access to justice and improve the overall functioning of the legal system. There have been several procedural changes in law made possible by advances in technology.
Electronic filing, which allows lawyers to file electronically with the court instead of filing paper documents, not only saving time and reducing litigation costs, but also making it easier for lawyers to access court records and monitor the progress of their cases,
E-discovery, which refers to the process of collecting, reviewing and producing electronically stored information (ESI) in legal proceedings, making it possible to automate much of the process, reducing the time and cost involved, ODR platforms, which refers to the use of technology to resolve disputes outside the courtroom, can be used for a variety of disputes, including small claims, family law and consumer disputes, ODR can be faster and cheaper than traditional litigation, and Online Dispute Resolution (ODR), which can be accessed from anywhere with an internet connection,Video conferencing technology, which makes it possible for lawyers, judges and witnesses to participate remotely in legal proceedings, especially useful during the COVID-19 pandemic when many courts are closed or have limited access, Artificial intelligence (AI) technology, which can be used in legal proceedings to automate routine tasks such as document review, contract analysis and legal research, providing predictive analytics that can help lawyers predict the outcome of a case or identify potential risks, Video conferencing technology, which makes it possible for lawyers, judges and witnesses to participate remotely in legal proceedings, especially useful during the COVID-19 pandemic when many courts are closed or have limited access, Artificial intelligence (AI) technology, which can be used in legal proceedings to automate routine tasks such as document review, contract analysis and legal research, providing predictive analytics that can help lawyers predict the outcome of a case or identify potential risks,
The development of the concept of technology has enabled various fields and departments to enter into digital transformation as well as developing automation and tools. In addition to being one of the most important factors of digital transformation, technology has also contributed to the formation of various fields and departments in the digital information age. Legal engineering is one of the departments brought by the age of technology.
In short, legal engineering is the application of technology, data science and process improvement methodologies to the practice of law. One of the main goals of legal engineering is to make legal services more efficient and cost-effective. By using technology and process improvement methodologies, legal engineering can help lawyers deliver high-quality legal services in a more timely and cost-effective manner. Legal engineering aims to improve the delivery of legal services by applying principles and techniques from other fields such as software engineering and project management. Legal engineering also aims to improve access to justice by using technology to make legal services more accessible to people who do not have access to traditional legal services. This includes the development of online legal services, such as online dispute resolution platforms, which can help people resolve legal disputes without the need to appear in court in person. Overall, legal engineering is an emerging field that aims to transform the practice of law through the application of technology and process improvement methodologies.
Companies; helping to ensure that the company complies with all applicable laws and regulations by ensuring legal compliance, assisting in the negotiation, drafting and review of contracts, including employment contracts, vendor contracts and lease agreements, litigation,
It can help identify and manage potential legal risks, such as regulatory investigations and intellectual property disputes, as well as develop strategies to mitigate these risks and protect the company's intellectual property, including trademarks, patents and copyrights. Overall, having a lawyer on staff or as counsel is important for a company to ensure compliance, manage legal risks and protect its interests.
Law firms will need engineers to oversee, regulate and protect the technological advances they utilize, from websites to advanced legal automation. Law firms will need cybersecurity engineers to ensure information security, data engineers to protect, store and efficiently utilize the data obtained, and software engineers to develop new legal automation for future challenges. Although most law firms today do not feel the need to have engineers in their offices like their lawyer colleagues do, the concepts of legal and office engineering will evolve further in the future due to the difficulty in keeping up with the current era due to the abundance of data in terms of data control, security control and timeliness control as technology further develops, takes root and grows. In general, having an engineer on staff or as a consultant will help to ensure an office's adaptability to technology, mitigate technological risks
to govern and protect its interests.
CONCLUSION
It would not be wrong to say that the Digital Age will be the age of engineers. Artificial intelligence engineering, data engineering, system engineering, etc. will be the age of many engineering branches and engineers. In this age, engineers will build the infrastructure of the system, and other professions will undergo digital transformation to adapt to this age and maintain their place in the system. It would not be very accurate to say that everything will be digital for the digital age, but the main line of business will pass through digital. Departments and professions will survive to the extent that they are successful in this transformation.
Law cannot adapt to the digital age all at once. Step by step and strategically in the most appropriate way, law will inject technology into itself and technology will take shape according to law. At some point, law and engineering will overlap and develop together. One of these points of overlap is the programming of various legal automation systems, which are already in use and will be further developed in the future. With the development of artificial intelligence, legal tools will develop in parallel and we will be able to save space and time with specialized automations.
The intersection of engineers and lawyers will not be limited to these. Just as companies have lawyers, offices will need to have engineers. I will try to explain this necessity as follows:
Various legal automations and tools are being programmed and developed, and are still in use. The development of these automations is based on need. While the development of an automation does not end with programming, it will need engineers/engineers to protect it from hacking, which is one of the biggest problems of the digital age, and to control the automation, which is another problem. Currently, most law offices do not have a serious need for engineers to work in their offices, but in the near future - especially after serious steps have been taken in the name of digitalization - they will need a lot. It will not only be legal automation and the security and auditing of these automations that law firms will be looking for engineers.
Today, almost every law firm has a website, which can be considered as one of the first steps into the digital world. Engineers will be needed for the design, security, software and, most importantly, the update of a professional Web site.
We will need engineers to store, use and protect the data that is currently being used and will be greatly improved in the near future - for example, the storage of case files and information. An engineer's hand is also needed to develop systems for storing, protecting and utilizing the case files and data about the case that have been, are and will be seen in law offices.
The digital transformation in law is not limited to the digitalization of a part of the law or working with engineers to utilize legal automation and tools. Everything that enters our lives with the development of technology will have an equivalent in law. Because law is in every aspect of human life, starting from birth until death (and even after death). In this period of time, we cannot exclude technology and technological developments from the law. Just as law directs the progress of technological developments and affects technological developments, technology has also found a place in law and brought new regulations to law. Technology has brought new regulations to legal procedures and will continue to bring new regulations and procedures in the future. For example, with the development of virtual reality, a technology that uses computer-generated simulations of a three-dimensional environment similar to the real world, virtual reality will be able to replace video conferences and we will be able to further improve the possibilities we have in video conferences and bring the most realistic court environment to the digital environment. Unlike virtual reality, which creates an immersive digital environment, augmented reality, which enhances the user's experience of the real world by adding virtual elements and creates a composite view by combining computer-generated images with the real world, will bring new perspectives and conveniences to E-discovery and evidence interpretation.
To summarize, technology and law interact. As technological developments affect the procedures, laws and fields of law in law, law also affects the development of technology through its legal regulations. As technology develops and expands its fields, law will continue to develop and establish order in developing fields.