Contribution of Lawyer Franco Moretti Forum of Rome 09-03-2024
The so-called digitalisation of justice is also an opportunity for lawyers. It would be short-sighted to reduce this phenomenon to telematic civil files (already in existence for some time) and criminal files (in fieri). These, on closer inspection, are nothing more than epiphenomena of a broader revolutionary process, with respect to which what is changing is not only the appearance of the document (from analogue to digital) or the mode of its filing (from the chancellery to the portal) but the interaction between the protagonists of the dispute in progress (extrajudicial or judicial). Interaction in respect of which the (already old) telematic files provided for by the procedural codes are completely useless. They express a dimension of justice that is certainly evolved but static: a digital and dematerialised projection of paper files which, whereas before they were stationary in chancelleries, are now (the civil ones) and will be (the criminal ones) stationary in a cloud dimension. Nothing more or different.
Since the entry into force of the telematic civil process and the proxy law for the Cartabia reform of the criminal process, artificial intelligence has made a concrete entry into the world: a guest still largely unknown but which has already manifested its will to revolutionise the planet. In Il Sole 24 Ore of 8 March 2024, a contribution was published under the title From artificial intelligence will start a new industrial revolution, as a
summary of a reflection that emerged in London during a meeting organised by Gruppo 24 Ore in collaboration with the Italian Embassy. Lawyers have the duty (before than the interest) to think of the profession in this perspective, where that is to say that digitalisation, dematerialisation will not only concern what the public gives us or imposes on us (the files) but the interaction with colleagues, technical consultants, auxiliaries and any other protagonist of the dispute willing to do so in compliance with the relevant regulations.
This means making a profession in the digital world, in compliance with the same deontological criteria as today but with the advantage of having a virtual space available for continuous and potentially unlimited confrontation, with sharing also of everything that is not officially filed in the telematic file but which, from experience, we know is often the salt of the profession for resolving issues or reaching agreements.
Platforms such as this express exactly the concept under consideration and may well be a place where, after everything necessary for the protection of confidentiality and the secrecy of criminal investigations, the protagonists of the dispute will be able to have a very useful trans-territorial coworking space. If we combine this with the added value that will surely come from artificial intelligence, with the lightning speed at which it is moving, we must conclude that we have very interesting and exciting prospects ahead of us.
Lawyer Franco Moretti
Forum of Rome
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