The impact of technology on law is not a topic I’m a stranger to. As someone who frequently writes on the topic of modern law firm technology, sometimes I have to stop and marvel at how much the industry has changed since I came out of law school in 1999.
Of course, back then, we were all convinced that the cyberworld was going to crumble at the stroke of midnight on January 1, 2000. Email was a relatively new phenomenon, and the older attorneys in my firm all seemed convinced that nothing good could come of it.
My law firm offered car-sized desktop computers that operated in blue-screen DOS mode. The fastest way to exchange missives with opposing counsel was via fax machines that spewed out glossy paper smeared from top to bottom. And when contracts had to be signed by multiple parties – get this – we had to snail-mail the documents back and forth to one another to collect signatures.
While Lexis and Westlaw were offering brand new online research tools, most of my time as a young associate was spent in the firm’s large law library that housed thousands upon thousands of legal tomes. We even Shepardized case law by hand back then, chasing down precedents one shelf at a time. I can still smell that musty old-book scent today.
Court filings were picked up by an actual human – often on a bike – who you prayed would deliver them to the courthouse before the filing deadline. They would call you from a payphone to let you know if they made it.
When we met with clients, we actually met with clients in mahogany-lined conference rooms where key documents were collectively viewed via clunky overhead projectors.
The stacks of yellow, legal notepads on my desk alone were probably responsible for the death of a million trees. Legal memos were printed out for partners who would hand them back with an ungodly amount of red ink illustrating the errors of your ways.
In twenty-five years, nearly all of what I just mentioned has become obsolete. Sigh…
In this post, we’ll take a look at the impact of technology on today’s law firms, including a discussion of the ethical challenges these new tools present. From there, we’ll take a look at technologies on the horizon and I’ll continue to marvel at how advanced the legal industry has become.
We’ve come a long way, baby. Let’s discuss.
The impact of technology on law today
These days, technology permeates every aspect of the legal profession. Tech tools have fundamentally changed how law is practiced and delivered.
Let’s take a look at some of the biggest advancements with the most buy-in by firms:
Artificial intelligence
Artificial intelligence (AI) has become a game-changer in legal research and document review. AI-powered tools can analyze vast amounts of legal data, identify relevant case law, and even predict case outcomes with remarkable accuracy.
These tools save lawyers countless hours of manual work, allowing them to focus on more complex and strategic aspects of their cases. In fact, with all of this legal work happening at the speed of light, I sometimes wonder how today’s young associates manage to meet their minimum billing requirements at all.
Blockchain
Blockchain technology is another transformative force in the legal industry. By providing a secure and transparent method for recording transactions, blockchain is revolutionizing practice areas such as contracts, intellectual property, and digital identity verification.
Smart contracts – self-executing contracts with the terms of the agreement directly written into code – are one of the most promising applications of blockchain in law because they offer efficiency and security that traditional contracts cannot match (remember those snail-mailed contracts I mentioned earlier?).
Legal research tools
Modern legal research tools have continued to enhance the capabilities of legal professionals. Today, these tools offer advanced search functionalities, real-time updates, and access to a comprehensive range of legal resources.
Sadly, this means that most of those dusty old law libraries are a thing of the past.
eDiscovery
The advent of eDiscovery has revolutionized the discovery process – allowing for the efficient handling of astronomical volumes of digital evidence. These tools can quickly sift through millions of emails, documents, and other digital files to identify relevant information, flag privileged documents, and summarize the contents.
Again, how are today’s young associates meeting their billable hour requirements?
Cloud computing
Cloud computing has transformed how law firms store, manage, and access data. By using cloud-based systems, firms can provide their employees and clients with remote access to files and collaboration tools from anywhere, at any time.
This technology proved to be critical during the pandemic, as it allowed immediate work-from-home arrangements. Importantly, today’s cloud computing offers stringent security measures, such as encryption and regular backups, which help protect sensitive client information.
Virtual law practices
The rise of virtual law practices is another significant development driven by technology. Virtual consultations and telecommuting have become exceptionally common and allow lawyers to serve clients without the constraints of geographical location.
This has made legal services more accessible, especially for clients in remote or underserved areas. Virtual law practices also reduce overhead costs, as firms can operate without the need for extensive office space.
Ethical considerations and challenges
While technology has brought numerous benefits to the legal field, it also presents several ethical considerations and challenges that lawyers must navigate.
Confidentiality and data security
One of the primary concerns with the impact of technology on law is maintaining client confidentiality and data security.
As firms increasingly rely on digital communication and cloud storage, they must implement powerful security measures to protect sensitive information from breaches and cyberattacks.
Ensuring compliance with data protection regulations, such as the California Consumer Privacy Act (CCPA), is crucial to maintaining client trust and avoiding legal repercussions.
Competence and diligence
The rapid pace of technological advancements means that lawyers must continually update their skills and knowledge to remain competent in their practice – in fact, the ethical rules on diligence demand that these efforts include staying abreast of the latest technologies.
Lawyers also have an ethical duty to provide competent representation to their clients, which likewise encompasses being adept with the technology that can enhance their practice.
Unauthorized practice of law
The rise of AI and automated legal services poses the risk of unauthorized practice of law (UPL). As these technologies become more sophisticated, they run the risk of encroaching on tasks traditionally performed by licensed attorneys.
Lawyers have to be very careful that the use of such tools does not constitute UPL and that they maintain oversight and control over all legal work conducted using AI.
Future predictions
Given that we’re currently operating in a technological fantasy-land, what could possibly lie ahead?
Let’s take a look:
Virtual and augmented reality
The integration of virtual and augmented reality into the legal field holds exciting potential. Virtual courtrooms and client consultations could become more common, offering immersive and interactive experiences.
Additionally, these technologies can be used for training and simulations, providing realistic scenarios for legal education and professional development.
Quantum computing
Quantum computing is an emerging technology that promises to even further revolutionize data processing and encryption. For the legal industry, the implications of quantum computing are vast.
With its ability to solve complex problems at unprecedented speeds, quantum computing could transform areas such as legal research, cryptography, discovery analysis, and data security. All of these functions will become exponentially faster (again begging the question: how will future lawyers meet their billable hour requirements?).
Global collaboration tools
The trend towards globalization in legal services is very likely to continue, supported by advanced collaboration tools. These tools will focus on international legal collaboration, making it easier for law firms to manage cases across different jurisdictions.
Technologies like secure document sharing platforms, real-time translation services, and international video conferencing will help bridge gaps and facilitate seamless cooperation between global legal teams.
Ethical AI
As AI tools become more integrated into legal practice, the development of ethical AI will be crucial. This involves creating AI systems that are transparent, accountable, and free from bias.
Legal professionals will need to advocate for and adopt ethical standards in AI usage to ensure that these tools uphold the principles of justice and fairness. The legal industry will also play a key role in shaping the regulatory frameworks that govern AI deployment.
Sustainability and corporate responsibility
The legal industry is increasingly recognizing the importance of sustainability and corporate social responsibility (CSR). Future technologies will likely support these initiatives by reducing the environmental impact of legal practices.
For instance, digital transformation can minimize paper usage, and energy-efficient cloud services can reduce the carbon footprint. Additionally, technologies that facilitate pro bono work and access to justice can enhance a firm’s CSR profile.
What a ride
The impact of technology on law is mind-blowing and shows no signs of slowing down any time soon. The truth is, all law firms will need to invest in ongoing education and training programs to keep their teams up-to-date with the latest tools and technologies.
The good news is – and I say it because I lived it – lawyers are highly adaptable human beings and we tend to embrace technologies that make our lives easier. I can’t wait to see what’s next.
