1. Introduction
Technologies promise more accessibility to justice and less complexity (
Xu 2017;
Alarie et al. 2018), as courts face many issues. For example, Brazil has a staggering backlog of 78 million lawsuits (
Brehm et al. 2020). A great disruptor of life for the past two years—COVID-19—has also pushed courts to use technologies (
Legg 2021), revealing practical issues and the need for simple tools (
Fabri 2021). Ideally, the decisions on whether to implement technologies in courts would be based mostly on hard jurimetrics data, such as a scrupulous analysis of the judicial decisions both with and without the technological tool using a set of clearly defined criteria. However, such data might not be available for the initial decisions to build or to test the tools.
Moreover, most of the matters that are discussed in the field, such as algorithmic justice or the regulation of artificial intelligence, are navigated by people. People differ regarding their role within the legal system and their potential influence on court decisions. For example, a regulatory body member might decide to implement specific court tools due to their progressive attitudes. At the same time, a litigant might file a case regarding an unfair process because they think that the algorithms violate their right to due process (
Freeman 2016;
Liu et al. 2019). Moreover, a judge might over-rely on a decision aid (
Engel and Grgić-Hlača 2021). In addition, a citizen might join a protest against a seemingly unjust use of technology in courts (
Vetzo 2022). Furthermore, judges are a part of society and have a role in shaping it (
Zalnieriute and Bell 2019). Despite these factors, there is a shortage of empirical investigations into how different people feel about legal technologies in courts. Thus, this paper explores whether the technology acceptance model can be applied in order to investigate the attitudes towards legal technologies in courts among people with different characteristics, such as court experience, the legal profession, age, and gender.
Although the most sensational tools—such as a robot judge—might not be a possible or desirable option for the foreseeable future (
Ulenaers 2020), the legal technologies for courts are already quite progressive. Some countries were using such technologies in courts even before the pandemic. For example, some provinces of Canada were already settling small claims by using algorithms. Estonia claimed to be creating an algorithm for small claims in order to help with the court backlog. The USA used programs that help with recommendations on risk assessments (
R. Wang 2020). Lithuania already had an e-filing system (
European Judicial Network 2019). In addition, China employed a database in order to warn a judge if a sentence significantly differed from the sentences of similar cases and had launched an e-court (
R. Wang 2020;
N. Wang 2020).
It is essential to explore people’s attitudes towards legal technologies before their implementation. Notably, both court clients and lawyers might be unsatisfied with the most state-of-the-art technology (
Hongdao et al. 2019;
Sandefur 2019). For example, in 2019, France made it illegal to engage in judicial analytics for predicting individual judicial behavior, i.e., “the identity data of judges and members of the judicial registry cannot be used to aid in evaluating, analyzing, comparing or predicting their professional practices” (
McGill and Salyzyn 2021). In the Netherlands, civil rights organizations brought the fraud detection system that has been used in Dutch courts since 2014 to the District Court of The Hague, which decided that it violates Article 8 of the European Convention on Human Rights (ECHR) (the right to respect for private and family life) (
Vetzo 2022). The infamous Correctional Offender Management Profiling for Alternative Sanctions (COMPAS) faced substantial public, scholarly, and legal criticism regarding its racial bias (
Malek 2022;
Zhang and Han 2022). However, there are only a handful of studies regarding in-advance legal technology perception; one study was conducted in order to capture the ethical concerns for technologies in law (
Muhlenbach and Sayn 2019) and there were a couple of qualitative studies on robot lawyer acceptance in private legal practice (
Xu et al. 2022;
Xu and Wang 2019).
Technology development, as well as use, depends on humans, and technologies might challenge humans. For example, legal technologies require new knowledge and skills (
Dubois 2021;
Suarez 2020), but only a few educational institutions offer legal technology courses or modules (
Ryan 2021). While some lawyers are more likely to adapt to the growing competition of legal services that are aided by technologies, others are skeptical about the change (
Abdul Jalil and Mohd Sheriff 2020;
Brooks et al. 2020;
Muhlenbach and Sayn 2019). In addition, human cognitive and behavioral peculiarities might distort the tool’s intended use (
Engel and Grgić-Hlača 2021). Understanding the human perceptions and attitudes towards related technologies might be crucial to the successful development and implementation of legal technologies in courts.
A critical question regarding legal technologies in courts is what people expect from the technologies concerning fairness. From the perspective of perceived fairness, people need distributive and procedural fairness in order to be satisfied with courts (
Blader and Tyler 2003). On one hand, algorithmic fairness discusses the substance of the algorithm (
Hellman 2020;
Wachter et al. 2017,
2021;
Xiang 2021)—in a sense, distributive justice. There is already some exciting research on moral judgment, suggesting that people think that it is more likely that an algorithm would make a conviction than a human judge (
English et al. 2021). On the other hand, procedural fairness provides one of the primary sources of trust and legitimacy in courts (
Burke 2020;
Burke and Leben 2020). The principal procedural fairness concerns, such as voice, neutrality, respect, and trust, might become even more critical with the automation of courts (
Binns et al. 2018). The emerging studies of automated decisions find that human involvement in decision-making makes a qualitative difference in the sense of fairness (
Newman et al. 2020). Thus, it is crucial to investigate the fairness expectations for the court processes involving technology.
This study contributes to the expanding field of legal technologies by exploring the technology acceptance in courts among various groups of people. Firstly, this research provides a theoretical input by examining the validity of the technology acceptance model (TAM) (
Davis 1989,
2014;
Venkatesh and Davis 2000;
Davis et al. 1989) in the court’s context for different groups of people. Furthermore, the TAM is extended with relevant constructs, such as the perceived risk and trust in technologies. Adding fairness expectations for technologies in courts to the research model contributes to the theorizing about fairness perceptions in courts. Finally, exploring personal innovativeness, age, court experience, and profession (lawyers vs. others) helps us to understand the potential differences in different groups of people.
3. Methods
A quantitative research strategy, in particular, surveying, was chosen for this study. Surveying suffers from several shortcomings, such as self-report biases, discrepancies in how the participants understand the survey items, and others, which may undermine the quality and the potential implications of the obtained results. Nevertheless, there are several reasons why it is crucial to analyze people’s perceptions empirically and quantitatively. First, empirical data on different people’s attitudes towards technologies in courts are needed to better address people’s concerns. Moreover, quantitative analysis allows testing whether a technology acceptance model, which is helpful in understanding and predicting people’s behavioral intentions to use technologies in other high-stakes environments, such as healthcare (
Ammenwerth 2019), is also applicable to a court context. Testing the TAM statistically and verifying its components across different groups of participants in the study has helped us to achieve an initial understanding of the limits of the model’s applicability. In addition, a structural analysis of the model has enabled the assessment of the relationships among the constructs, thus helping us to better understand the significant points regarding how people think about technologies in courts. While quantitative analysis is not the most effective at capturing the individuals’ personal views of courts and technologies, it can provide evidence of people’s perceptions and a sound basis for further, more in-depth research.
3.1. Study Sample
The proposed research model was tested using survey data collected online. The study had only one exclusion criterion, i.e., being under 18 years of age. However, there were several criteria for inclusion in the study, as follows: legal profession, court experience, and age. It was preferable to survey younger people (18–39 years of age) and relatively older people (40 years of age and older). The age threshold was relative, based on previous research showing differences in TAM variables within 30 to 40 years (
Yang and Shih 2020). Next, it was preferable to have a substantial part of the sample with a legal background, i.e., in the legal profession. Along the same lines, court experience was significant. The snowballing method was used to survey people from the relevant groups.
3.2. Questionnaire Development
The questionnaire included several sections—the first section evaluated participants’ knowledge of legal technologies related to courts. Participants were presented with six statements about various legal technologies. Therein, six types of relatively more complex technologies were listed, such as document submission and initial classification regarding the presence of a legal basis, a decision support system that suggested appropriate penalties for the case, and algorithms for solving small claim disputes. For example, participants of the study read the following statement: “In some countries, judges have access to a program that provides the judge with a detailed analysis of the case, evaluates arguments, and identifies possible outcomes of the case”. Then, the participants were asked to indicate their level of knowledge on a Likert scale from 1 to 5. The following five values reflect the meaningful differences in the knowledge levels of people with various backgrounds: “I know absolutely nothing about this”, “I have heard something about this”, “I have taken a closer look into these technologies”, “I am quite knowledgeable in these technologies”, and “I have tried this or a similar technology”.
The second section of the questionnaire measured participants’ technology acceptance constructs on a scale ranging from 1 (completely disagree) to 7 (completely agree). Seven values for a scale assessing technology acceptance are prevalent with the use of the TAM and are usually better in terms of statistical issues, e.g., distribution normality. These, and all other items, were revised or adopted from previous research, except for the knowledge about legal technologies construct and an item in the ATT scale (see
Table 2).
The third and fourth sections concerned the additional constructs, such as perceived risk, fairness expectations, trust in technology, and personal innovativeness, and were also measured using a Likert scale ranging from 1 (completely disagree) to 7 (completely agree).
Lastly, participants were asked for their demographic information, such as age, sex, court experience, and the legal profession.
A modest pilot study (N = 37) was conducted to test the comprehensibility and reliability of the items. The pilot study participants filled in the survey and commented on each questionnaire block’s comprehensibility, wording, and content. There were also lawyers, people with court experience, and people from all three age groups. The reliability of the questionnaire items was satisfactory as the internal consistency coefficient, Cronbach’s alpha, was above 0.7 for all scales.
3.3. Data Analysis
The PLS-SEM approach was chosen for this study as it is more suitable for exploratory analyses and theoretical extensions than the CB-SEM (
Hair et al. 2019;
Sarstedt et al. 2021). In addition, the PLS-SEM is known for greater statistical power to detect truly significant relationships (
Sarstedt et al. 2016). Following recommendations for PLS-SEM analysis (
Sarstedt et al. 2021;
Hair et al. 2019;
Sarstedt et al. 2016), firstly, the measurement model was evaluated and then the structural model was evaluated. Lastly, multigroup analyses were performed to assess potential structural differences between the groups. SmartPLS v. 3.3.3 (
Ringle et al. 2015) software was used.
5. Discussion
The research that is presented in this paper offers a small window into people’s perceptions of legal technologies in courts. While the study cannot encompass the depth and variety of concerns about technology in courts, and in society as a whole, the results revolve around the issue of how much people would be willing to support technologies in courts. The technology acceptance approach allows us to answer some questions about how various people think of technologies in courts. Importantly, the research does not imply that courts should implement more technologies, instead, the attitudes of various people are examined.
Technology acceptance models were present before 2000 (
Davis 1989) and have been applied to many different fields (
Gunasinghe et al. 2020;
Li et al. 2018;
Rahi and Abd. Ghani 2018;
Chang 2012;
Wang et al. 2021;
Kayali and Alaaraj 2020). Although some legal technologies have been in use for more than 20 years, the public perceptions of those technologies have not been researched. Further complications come from the legal technologies themselves—as some are designed only for lawyers, some are made to automate document submission, and other processes and involve clients, not lawyers. Moreover, there is no definite answer to the question of the extent of the public influence on courts and artificial intelligence, given that they may not have the relevant experience or expertise (
Deeks 2019). Technology acceptance seems to be the most appropriate concept, as it interests scientists, developers, and stakeholders—the factors of technology acceptance may guide the design of the technology and predict the response that it receives (
Taherdoost 2019).
At the beginning of the current research, only one paper presented an empirical study of legal technology acceptance (
Xu and Wang 2019); now, there are two (
Xu et al. 2022). Taken together, the results of both the aforementioned studies (
Xu and Wang 2019;
Xu et al. 2022) and the current study support the idea that the widely used technology acceptance model (
Hasani et al. 2017;
Ammenwerth 2019;
Venkatesh and Bala 2008) is also applicable to the legal technology field. The hypotheses on the primary TAM constructs—the behavioral intention to use technologies, the perceived usefulness, and the ease of use—were confirmed in the overall sample. Notably, in this study, the behavioral intention to use technologies was operationalized as the strength of one’s intention to support legal technologies in courts. Thus, the results imply that in order to be willing to support legal technologies in courts, people have to perceive the technologies as both useful and easy to use.
5.1. Trust in Technologies
Every field has its peculiarities and contextual factors that are usually taken into account in the TAM. In this study, the TAM was extended with several legal technology-relevant constructs. Firstly, the trust in legal technologies was chosen because trust in technologies is a crucial and exceptionally researched construct in the context of technology acceptance (
Wu et al. 2011). Notably, the trust in legal technologies scale does not specify the type of or the other characteristics of the legal technologies, and the participants of the study were introduced to several kinds of more complex legal technologies, such as a decision support tool for judicial decision making, or a document automation tool that also classified the documents into having a legal basis and not. It was found that the trust in legal technologies affects how much people would support legal technologies in courts, how they see the usefulness, and the perceived ease of use of legal technologies. Interestingly, trust is more important for the perceived ease of using legal technologies in courts—possibly because courts might be seen as very complicated systems. In turn, trust is affected by the knowledge about legal technologies and the perceived risk.
5.2. Perceived Risk
People will likely have little in-depth knowledge about legal technologies. Therefore, the general risk that was associated with legal technology use in courts was measured in this study. The perceived risk negatively affected the trust and the perceived usefulness of legal technologies. These results reflect the findings of technology acceptance research in other fields (
Wang et al. 2021;
Zhang et al. 2019). Given the effect size of risk on trust, the perceived risk of legal technologies seems to be quite crucial for people. Notably, other studies measure the direct influence of perceived risk on the behavioral intention to use technologies (
Tiwari and Tiwari 2020;
Jeon et al. 2020). Clarifying the role of the perceived risk in people’s intentions to support technology use in courts could be valuable for a better understanding and navigation of people’s attitudes towards legal technologies. In addition, this study did not focus on the particular facets of risk, e.g., financial or privacy risks (only sensitive information was mentioned) (
Featherman and Pavlou 2003). The particular facets of risk could be explored in a more detailed study where people were given more detailed information about the legal technologies in courts.
5.3. Knowledge about Legal Technologies
Another contextual variable that was added to the model is the knowledge about legal technologies. The cognitive component of knowledge is missing in some technology acceptance studies (
Taherdoost 2018). The TAM does not explicitly anticipate the role of knowledge about a particular technology. Therefore, a construct for entry-level knowledge was borrowed from the diffusion of innovation theory (
Rogers 1983;
Rogers et al. 2009;
Tariq et al. 2017;
Dearing and Cox 2018). Arguably, the knowledge factor is vital in the legal field, especially in the court context, as people usually lack the legal and practical knowledge about how courts work and how to measure their performance. Thus, it is expected that people would not be very knowledgeable in the legal technology field either. Indeed, this was the case in this study.
Moreover, knowledge about legal technologies affects the trust in those technologies. In particular, knowledge about the existing legal technologies boosts the trust in them. However, knowledge did not affect the perceived usefulness of legal technologies in courts in this study, except for a subsample of 18–39-year-old people (the effect was relatively weak). The lack of a strong relationship between the knowledge and the perceived usefulness could suggest that the perceived usefulness of legal technologies in courts may have come from sources other than the knowledge about what technologies exist. For example, understanding how courts work in general, the trust in courts, and the fairness expectations for court processes with legal technologies might have a more prominent effect on the perceived usefulness of legal technologies than just the knowledge about existing legal technologies.
5.4. Fairness Expectations
The fairness expectations for legal technologies are a new potential component of attitudes toward technologies in courts. Given that the main focus of court work is justice, the fairness expectations directly relate to the perceived usefulness of the legal technologies that are used in courts. In this study, the fairness expectations were based in the procedural fairness paradigm (
de Cremer and Tyler 2007;
Legg 2021;
Tyler and Lind 1992;
Blader and Tyler 2003). Therefore, the participants were asked to evaluate how they would see the ethicality, the voice, and other features of court processes where legal technologies would be incorporated. People have high fairness expectations for court processes involving legal technologies. The fairness expectations directly influence the perceived usefulness of legal technologies in courts. That is, the more fairness that is expected of the processes involving legal technologies, the more useful they seem. The high fairness expectations do not mean that people are not concerned about the fairness of the automated processes. The results might indicate that people have high hopes for the automated processes and that they anticipate that courts would solve any arising issues. The relationship between the fairness expectations for court processes with incorporated legal technologies and the perceived usefulness of those technologies emphasize the need to explore the components of the perceived usefulness regarding legal technologies.
5.5. Personal Innovativeness
Given the relatively conservative nature of the legal field, personal innovativeness in information technology was added to the model of this study. Interestingly, it was found that the people with legal professions were not less innovative than the people with other professions. The personal innovativeness in information technology positively affects the perceived ease of use of legal technologies in courts. Thus, the more innovative a person is, the easier it seems for them to use legal technologies in courts. These results mirror those from other fields (
Şahin et al. 2022;
Yang et al. 2022).
5.6. The Legal Profession, Court Experience, Age, and Gender
The profession, the court experience, the age, and the gender moderate some of the relationships of the analyzed model. Most importantly, the legal profession and court experience affect the trust and the behavioral intention to support legal technology use in courts. Surprisingly, lawyers without court experience trust legal technologies less than others and are the least supportive of legal technology use in courts. Similarly, lawyers with court experience are the most supportive of legal technologies in courts. One possible explanation for these discrepancies in the perceptions of legal technologies is that the lawyers are more knowledgeable about legal technologies than the other people in this study
1. However, it would be interesting to explore why legal knowledge and no court experience affect the legal technology acceptance. In this study, most of the lawyers without court experience are law students; however, this does not mean that they should be the least trusting of legal technologies in courts simply because they are young. It is feasible that academics could have influenced these students in the university. Not many universities teach about legal technologies yet (
Janoski-Haehlen 2019). Possibly, academics, and sometimes even researchers of legal technologies, might be more or less accepting of legal technologies.
Additionally, the people with legal professions had lower fairness expectations than the other people. The fairness expectations might be lower due to the general skepticism towards legal technologies. An alternative explanation is that lawyers might feel that court processes are less fair, and, together with some skepticism, they might not think that legal technologies would add much fairness to them. Lawyers are rarely included in studies of court fairness perceptions; therefore, studying both the public and lawyers’ perceptions could enrich our understanding of fairness in courts.
Moreover, for people without court experience (both lawyers and others), the perceived ease of use does not affect the behavioral intention to support legal technologies in courts. The lack of relationship between the perceived ease of use and the behavioral intention suggests that it would be essential to investigate the perceived ease of use of legal technologies further. It could be hypothesized that the people without court experience do not care about the ease of use of legal technologies in courts. Undoubtedly, the ease of use predicts the behavioral intention to support legal technologies for people with court experience. Therefore, it is crucial to take into account the court experience factor.
Furthermore, both age and gender might be other factors to consider in legal technology acceptance. For the younger people, knowledge about legal technologies slightly affected the perceived usefulness of the legal technologies, but there was no such effect for the older people. In essence, these results suggest that knowledge about legal technologies might change the opinions of younger people more than the opinions of older people. More research should be conducted in order to address the age differences in the perceptions of legal technologies, as human perceptions of AI might vary with age (
Lee and Rich 2021).
Interestingly, the analyzed model is better suited to explain the male intentions than the female intentions to support legal technologies in courts. Although more participants were female, gender was distributed relatively evenly through all of the subsamples (profession, court experience, and age). Therefore, gender should not be related to the other sample characteristics. In this study, the females thought that the technologies were more helpful than the males. However, there were no other differences in the perceptions between the gender groups.
5.7. Limitations and Future Research
Although this study is important in building the knowledge base on legal technology acceptance, it has some limitations. One of the limitations is related to the sample that was used. In particular, this study made use of a mixed subsample of lawyers by adding in law students. It could be argued that law students might quickly become technology users and even decision makers. However, additional investigations with more concentrated samples would greatly benefit future work in this area.
The results of the current study highlight the need for more in-depth research. Some of the variations in the attitudes toward legal technologies in courts could be found in different cultures. For example, the support for legal technologies might depend on the trust in courts, not only on the trust in the legal technologies themselves. Lithuania is a post-Soviet country with a tradition of a general distrust of the legal system. It would be helpful to compare Eastern European countries with others. However, distrust of courts might also appear due to well-known cases and other events, such as the discovery of a fraud detecting system in the Netherlands (
Vetzo 2022).
However, would some distrust in courts ensure the support for automation? Research into other settings suggests that people might want to exchange the consistency that is provided by automation for the ability to influence decisions due to human factors (
Langer et al. 2020;
Schlicker et al. 2021). These fascinating assumptions could be tested in experimental studies within court contexts.
Personal innovativeness might also vary according to the cultural values (
Klein et al. 2021). In particular, Lithuania has many online public services in health care, migration, taxes, and other areas. Thus, the state of the technological advancement in the country could also play a role. For example, being used to technical solutions in daily affairs might lead to more positive attitudes towards legal technologies.
Notably, technological progress has not been even among different countries; different levels of automation that have already been reached in courts may impact the behavioral intention to use legal technologies.
The presented model might strongly benefit from data on actual judicial decision-making, both before and after the implementation of a certain tool. The combination of jurimetrics, along with people’s perceptions of the different characteristics of the tool, might provide the best insights into the actual usefulness of the tool. Additionally, people’s opinions and perceptions might change given the hard data. Therefore, more studies are needed in order to address these issues.
Finally, the technology acceptance model and the quantitative strategy of this study cannot fully address the underlying influences on people’s attitudes and their awareness of them. This study risks construing cognitive processes that were never there (
Sanz and Lado 2008), e.g., some people might never think about technologies in courts. At the same time, following the innovation diffusion theory, technology awareness is the first stage of the innovation diffusion process, and the study participants were, first and foremost, made aware of several types of technologies that are used in courts. Moreover, people form expectations toward courts, even if they are unaware of the legal processes and if their expectations do not match reality. Given the complexity of the awareness concept, this research cannot be used in order to analyze the need for technologies in courts critically.
6. Conclusions
What are people’s attitudes towards legal technologies in courts? What is the most critical factor in predicting people’s willingness to adopt such technologies, given their potentially limited knowledge? How do individual differences factor into people’s opinions about AI and other technologies in courts? This paper adds to the growing research on people’s perceptions and attitudes towards legal technologies by providing data on people’s intentions to support legal technologies in courts.
The perceived usefulness of legal technologies is the most crucial factor in predicting the intentions to support legal technologies in courts. The perceived usefulness, in turn, may form through the trust in legal technologies, the perceived risk, and the knowledge about legal technologies. The results suggest that people are concerned with the usefulness, the ease of use, and other issues, similarly to other technologies in other settings, such as health or education. In addition, the fairness expectations play a role in the acceptance, for example higher expectations may strengthen the perceptions of usefulness. Notably, having more in-depth knowledge and data on the performance of technologies could alter the perceptions. Nevertheless, people with different levels of knowledge may still hold a variety of opinions, depending on other factors. Additionally, the multigroup analyses that were conducted in this study have allowed us to assume that the technology acceptance model could be used in order to investigate both lawyers’ and the general populations’ technology acceptance. This provides guidance for the implementation and the design of technologies.
To the author’s knowledge, this study is one of the first steps toward having theory-driven empirical data on the legal technology acceptance in courts, given its rapid progress. A qualitative exploration of people’s perceptions regarding technologies in courts could reveal some more specific concerns. A study into whether judges and other court staff need technology is clearly overdue. In general, more studies are needed in order to better grasp the differences in opinion that various groups of society might have towards legal technologies in courts. The current research shows that personal innovativeness, the legal profession, the court experience, the age, and even gender might direct people’s opinions. These results might have various implications for the development and the implementation of technology. Thus far, it could be advised to carefully choose the members of AI committees and other regulatory bodies.