The legal industry is evolving – and faster than many lawyers realize. From technology to changing client expectations, the forces reshaping the industry are no longer theoretical. The question is no longer whether change is coming – it’s already here.
So what’s driving this transformation, and what does it mean for your practice?
The growing gap between legal needs and access
One of the biggest drivers of change in the legal profession is unmet demand. Despite more than 1.3 million licensed attorneys in the United States, a significant portion of legal needs remain unaddressed. Only a small percentage of legal needs among low- and middle-income individuals are being met, and many people never seek legal help due to cost, uncertainty or lack of awareness.
Now legal leaders, state bar associations, consultants and outside influencers are trying to find ways to meet these needs. In 2014, the American Bar Association developed the Commission on the Future of Legal Services, which has held countless meetings and innovative brainstorming sessions, to look into and develop solutions for this issue, which encompasses not only low income/legal aid needs but also addresses the needs of more moderate-income Americans.
"It has been widely estimated for at least the last generation that all the programs and resources devoted to ensuring access to justice address only 20% of the civil legal needs of low-income people in the United States."
The State Supreme Courts are also addressing the need for change. In August of 2015, Resolution 5 was adopted at the Conference of the Chief Justices of all states. The resolution sets a goal for every state to provide 100% of its citizens, regardless of income, access to legal services. Many states already have commissions and committees looking into the future of the delivery of legal services and some have even made changes to their rules, like Washington, or changes through technology and other innovative advancements.
Why change in the legal profession is happening
Many attorneys read about these changes but still have an "it won't happen to me" mentality. But perhaps the biggest drivers of change come from outside the legal profession and they will affect all of us: consumer demand, technology and money.
Consumer expectations
Consumers, including us lawyers, have changed. We want services how we want them, when we want them. We expect convenient, digital-first experiences, immediate access to information and transparent prices. There is a growing disconnect between how clients communicate and how many law firms operate.
"There is a serious disconnect between the way that lawyers communicate with their clients and the way that clients are communicating with everyone else," says legal industry influencer Stephanie Kimbro.
Technology
If you are still not convinced that change will impact your business, consider technology. Technology has driven a change in almost every other profession – so why not the legal profession? Advancements in artificial intelligence and automation are changing how legal work is performed. These tools – while sometimes flawed and never a complete replacement for legal assistance from an attorney – improve efficiency and reduce costs, handle routine tasks such as research and document review and shift the lawyer’s role toward strategy and client interaction.
Jordan Furlong, a leading consultant and analyst of the legal profession states, "Most law firms are working not much differently today than they did in 1953, despite years of advancements in every other industry in the areas of technology, division of labor and business process."
Richard Susskind, an expert on the future of the legal profession, wrote in his book Tomorrow's Lawyers: "You can call me radical, but it seems to me that if we can see the day when the average desktop machine will have more processing power than all of humanity combined, then it might be time for lawyers to rethink some of their working practices. It is simply inconceivable that information technology will radically alter all corners of our economy and society and yet somehow legal work will be exempt from any change."
New competitors
Non-lawyer providers and technology companies are entering the legal market, offering automated legal documents, online legal platforms and alternative service models. These providers are targeting unmet demand and creating new competition.
Non-lawyer businesses see an area of need that could have significant returns on investment, and many have been very vocal about change and the future of legal services. Furlong believes that "lawyers are not seeing the change we are talking about. The biggest mental block we, as lawyers, have to overcome is that we are no longer the only path to an outcome that is satisfactory to clients in the legal sphere."
Managing future changes
So what should you do about these current and future changes?
- Stay educated – keep informed of what is going on in the legal industry and in other states.
- Adopt new technology in your practice to make your firm more efficient and consumer friendly. Learn what is out there and research whether it will work for your practice.
- Distinguish your firm to consumers. "Lawyers need to think about the real value they can give to their clients, like counsel, empathy and good advice and then talk about themselves differently to share that value," says Furlong.
Change in our profession is real and it will impact your practice. So why not use the change to your firm's advantage?