Founded in 1992 in the Dominican Republic,the renowned legal firm DMK Abogados welcomes the introduction of new legislation establishing the principles and guidelines that allow the use of digital media in the Judiciary, without affecting the procedural rules in force. Iván García Elsevy, partner and Director of DMK Abogados’ Dispute Resolution Department with more than 15 years of experience as a lawyer specialized in civil, commercial, labor and real estate litigation, spoke with Revista Mercado about this new legal framework for its special edition The Power Issue.
How did DMK Abogados take the passing of the Digital Media Use Act by the Senate?
Since the Bill was first put to Congress, we applauded it here in DMK Abogados. Passing the Bill is cause for celebration, since one of the side effects of the pandemic was to highlight the inefficiencies of the Judiciary in this matter; difficulty in accessing files, legal backlogs, and such like, situations that called for a proper legal system to reduce these obstacles through technology.
What are the firm’s expectations in terms of this provision?
From DMK Abogados’ point of view, we can now access a more dynamic, competitive, and efficient practice in the courts in favor of our clients; that is, more cost-efficient. Through the technology that this Law embraces, we can access files and hearings more efficiently, thus maximizing our team’s efficiency and cutting costs that, in the end, translate into bigger and better results for our firm’s clientele.
By passing this Law, how do you think the country’s legal landscape will change?
As lawyers active in the courts, we will benefit the most, because we will be able to access virtual hearings remotely, without the need to travel to the various courthouses throughout the country, which, in itself, calls for logistics right from the onset of any legal process: submissions for courtroom designation and / or court dates, submission of inventories, briefs, etc. Each user can now carry out these procedures digitally, without travelling anywhere, with the same validity as if these procedures were carried out physically or in person according to article 6 of this legal instrument. Similarly, everyone involved, from clerks to assistant lawyers to the judges themselves, will be mentally and physically free of the logistics burden entailed in up to 40 hearings a day in person, most of which are postponed as mandated by law. This situation must be translated into one of the fundamental principles of the law: speed. This Law, which is optional for users of the Judiciary, will remain relevant as long as the legal backlog disappears over time, thus creating secure access to effective legal protection in favor of the user. That said, in accordance with Article 17 of the Law, it is up to the Supreme Court plenary to create the complementary regulations for an effective use of the digital channels that will govern the legal procedures and processes virtually.
Consolidated leadership
Thanks to its dynamic practice and accumulated experience, DMK Abogados is recognized for advising national and multinational companies and Dominican and foreign investors in the most productive sectors of the national economy, such as tourism and hospitality, free zones, energy and gas, mining, pharmaceuticals, franchises, among others,
Source:
Revista Mercado
