The End of Lawyers? Rethinking the Nature of Legal Services

 Richard Susskind's new book, The End of Lawyers?: Rethinking the Nature of Legal Services was just published by Oxford University Press, in the United Kingdom. I received a copy from my associates in London today, and US distribution should begin within 10 days.  For law firms thinking about the future of the legal profession, this book should be mandatory reading.

Susskind sees the legal market as “broken.” Access to justice is available only to citizens who are very poor or very rich. The cost of dispute resolution in the courts often exceeds the amount at issue. Small businesses invariably claim that mainstream legal services are beyond their budgets. And even the world's largest companies and financial institutions are seeking radically new ways of meeting their legal needs.

Susskind argues that, in this time of grave economic uncertainty, the market will no longer tolerate traditional, expensive lawyers who handcraft tasks that can be better discharged with the support of modern systems and techniques. He claims that the legal profession will be driven by two forces in the coming decade: by a market pull towards the commoditization of legal services, and by the increase of disruptive, Internet-based technologies. The threat here for lawyers is clear - their jobs may well be eroded or even displaced.

Susskind challenges the legal profession to ask what elements of their current workload could be undertaken more quickly, more cheaply, more efficiently, or to a higher quality using different and new methods of working. Susskind argues that if automation can streamline certain legal tasks and that the market will forces lawyers to adapt to the "digitization"  or they won't survive.

I am still working my way through this important book, so will have more to say in future blog posts when I finish it.

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virtual law firms vs. elawyering

There has been some recent press about the concept of the virtual law firm.  Craig Johnson has started a web-based law firm called Virtual Law Partners, P.C. The idea is to eliminate the overhead of a physical office or offices and to increase client collaboration over the Internet. I think this is a positive trend and indicates that lawyers are beginning to think about new ways of delivering legal services over the Internet. We would not call this firm, however, an instance of eLawyering, in the absence of digital applications that substitute for the labor of a lawyer -- such as web-enabled document automation. While these pioneering virtual law firms, may be saving the cost of a brick and mortar infrastructure resulting in lower fees to clients, their attorneys still work the same old way which is to bill for their time. Web-enabled digital applications on the other hand substitute for the time of an attorney and are truly disruptive as this time saving feature can result in more radical cost savings and translate into dramatically lower legal fees. We can envision that emerging virtual law firms will incorporate digital applications into their business models creating fixed price service packages for less complex legal services. At that time, these firms will morph into true providers of elawyering services.