“AR/VR and the future of the Legal Profession”

Technology has become an ever-present force in our lives, continuously innovating and making things easier. The exciting part is that this trend shows no sign of slowing down. This dynamic nature extends to various sectors, including the legal field. Often overlooked in discussions of technological advancement, owing its perception as a conservative profession, the legal industry is experiencing its own quiet tech revolution as members of the profession embrace emerging technologies to transform their operations.

Legal professionals globally are becoming more versatile with how they learn and practice law. Thanks to innovation like AI, data analytics, Augmented and virtual realities for this significant change. This article aims to explore the impact of virtual reality (VR) and augmented reality (AR) as emerging technologies, examining their potential benefits, implications and overall impact within the legal sector through the lens of a developer and a lawyer.

Augmented Reality (AR) is akin to a captivating magic trick that seamlessly blends the tangible real world you perceive with enchanting computer-generated objects. It enhances a person’s perspective of their physical environment by adding visible digital content. Using special glasses or more commonly a smartphone, AR users can see the real world as it exists but with digital images superimposed onto the environment so as that they seem to be part of it.

On the other hand, Virtual Reality (VR) serves as a powerful tool that immerses you entirely in a meticulously crafted computer-generated universe. Unlike AR, which subtly integrates digital elements into your surroundings, VR transports you completely into an imaginative, fabricated reality. Using goggles and speakers, VR places people inside a virtual environment letting them move around it and interact as though it were the real world.

While AR and VR are relatively new, here are some of the ways they can augment legal practice.

1. Allow lawyers better understand the evidence

Crime scene reconstruction. AR can make 3D virtual models of crime scenes, helping lawyers understand the evidence better. On the other hand, VR can make real-like courtroom scenarios, letting lawyers practice their skills in a safe space. Imagine a crime scene recreated in 3D right on the lawyer’s desk. AR allows for the creation of virtual models with precise measurements and details, allowing lawyers to examine the scene from any angle and distance. This can provide a much clearer picture compared to flat photos or traditional models.

2. Provide lawyers with the opportunity to test different strategies.

Through 3D simulations, AR and VR offer lawyers a unique opportunity to test different strategies in a safe and controlled environment before ever stepping foot in a real courtroom. Witness preparation: AR can create a virtual replica of the courtroom witness stand, allowing lawyers to rehearse their questioning techniques with witnesses in a familiar environment. This can help witnesses feel more confident and prepared for the pressure of testifying in court especially when cross-examining.

3. Enhanced Learning and Training

Legal education now integrates augmented reality (AR) and virtual reality (VR) technologies. These tools offer stimulation, allowing students to visualize abstract legal concepts through interactive 3D environments. They also provide access to limited resources, bridging gaps by granting access to otherwise restricted materials. Moreover, distance learning becomes possible, enabling students to participate in immersive legal experiences remotely. For instance, at the University of Westminster, students virtually explore crime scenes to apply legal principles and determine if a murder occurred. Additionally, Training for legal professionals, such as mock trials or courtroom simulations can be conducted more effectively using VR. This enhances practical skills and familiarity with legal procedures.

These are more ways AR and VR technologies could revolutionize the legal field. As these technologies continue to develop, we can expect to see more innovative usage in the future. However, it is important to note that these technologies are still developing, and their effectiveness in the courtroom will depend on careful implementation and established guidelines. They should not replace human expertise. Lawyers and Judges will still play a crucial role in interpreting evidence and making legal judgments.

Despite the benefits associated with these technologies, there are also inherent risks that raise legal questions within the industry. A notable example is the case of virtual gang rape in the metaverse. In this incident, an alleged victim a 16-year-old girl in the UK was wearing a virtual reality headset while immersed in a game. Her avatar, a digital representation of herself, was gang raped by other avatars within the virtual reality environment. Had this event occurred in the physical world, it would constitute a crime of rape or aggravated defilement, depending on the jurisdiction’s definition of adult age. Although no physical harm occurred, the girl may have suffered trauma akin to that experienced by victims of sexual abuse in real life. Unfortunately, existing laws pertaining to sexual assault typically require physical contact in a sexual manner without consent, making it challenging to prosecute cases of virtual rape.

To address errant behavior in virtual reality, one potential solution is to attribute personal liability to avatars. However, this approach would necessitate granting avatars legal personality akin to that of a company, affording them rights and responsibilities including the ability to sue and be sued. Companies are recognized as distinct legal entities with a separate personality from their owners. This recognition allows companies to be held liable in a manner similar to natural persons. Given this legal framework, it is not far-fetched to consider extending legal personality to avatars. After all, avatars operate through human agents and exhibit behaviors that can affect others. Determining responsibility in cases involving avatars will require courts to grapple with the intricacies of technology and its divergence from the pre-existing legal landscape.

Avatars, as digital representations of individuals or entities, can interact within virtual environments. They perform actions, engage in transactions, and even commit virtual offenses. Recognizing avatars legal personality would mean attributing rights and responsibilities to them. Just as companies can be sued or held accountable for their actions, avatars could be subject to legal consequences. For instance, an avatar causing harm to another user or violating intellectual property rights might face legal repercussions. However, this concept raises complex questions: What rights and duties should avatars possess? Should they be treated as independent entities or mere extensions of their users?

The proliferation of AR technology has engendered a significant problem of digital distraction. AR devices, such as smart glasses or headsets, overlay digital information onto the user’s real-world view which creates an attention split between reality and the virtual world. Users may become engrossed in digital content, diverting their attention from the physical environment. This distraction can lead to errors, accidents, and lapses in judgment. In 2016, the global frenzy surrounding Pokémon GO, an AR mobile game that integrates virtual creatures into real-world locations highlighted the impact of AR on daily life. Research studies revealed over 100,000 Twitter tweets during a 10-day period depicting distracted driving incidents while playing the game. Shockingly, 14 traffic accidents were directly attributed to drivers’ AR-induced distraction. Furthermore, in July 2016, plaintiffs from several states sued Niantic the company behind Pokeman Co claiming that strangers had been repeatedly trespassing on their property to catch the virtual ‘Pokeman’.

Following the developers of these technologies, personal injury claims linked to AR distractions are probably going to increase along with third-party claims, negligence lawsuits, and product liability claims that all pose significant legal questions. A case in point is companies that are evolving their ads to meet demands and specifications of the new technological landscape by leveraging AR advertising especially outdoor which isn’t problematic in itself but let’s say you are driving down a busy street and an advertisement on a billboard comes to life before your own eyes, for instance a fire-breathing dragon, it may cause you to get into an accident. If the accident occurs, who is held liable? The Advertising Company for using AR? Or the AR device manufacturer, for creating a product inherently prone to distraction? Or the driver, for succumbing to distraction and causing the accident? It will be crucial to demonstrate a direct cause and effect relationship between using AR and the resultant harm.

Furthermore, the global nature of AR/VR interactions complicates matters. Users from different countries can seamlessly interact within the same virtual environment. Cross-jurisdictional issues arise when determining which legal system applies. Whose laws govern an offense committed by an avatar? Is it the user’s home country, the platform provider’s location, or the virtual world’s server location? Enforcing judgments across borders becomes intricate, especially when legal norms diverge significantly.

As the lines between physical and virtual worlds continue to blur with the rise of AR and VR, user expectations for legal protection will inevitably evolve. Striking a balance between fostering innovation and preventing abuse is paramount. As more users engage with AR/VR technologies, their expectations for legal protection grow. Users assume that virtual spaces are governed by rules and safeguards. Innovations in legal frameworks are necessary to address these expectations. Legal systems must adapt to the dynamic nature of virtual reality, ensuring that users’ rights are upheld. Navigating the legal landscape of the virtual world will require a collaborative approach, where developers push the boundaries of technology and lawyers ensure responsible implementation. By working together, we can ensure that this technological revolution empowers the the legal profession while safeguarding the rights of users in this new frontier.