An insight into the future by Savvas Skordellis
Looking in the decade ahead everything will change in the legal industry as this crisis forced the industry to innovate overnight. Coronavirus pandemic has affected everyone’s lives. Face-to-face interactions will not disappear, but instead, they will be reduced, and working from home will become even more essential. The rise of automation and the technology-driven process; it will propel the world into the digital age and reshape its landscape. The entire ecosystem will be affected – industries, consumers, providers, academia and the whole judicial system will be challenged.
Technology enables new models and paradigms, as human beings adopt or reject them. Digital transformation is enabled by technology, but its success depends upon the willingness and ability of humans to operate differently. Law has tenaciously clung to traditional ways of doing things. Even after the global financial crisis in 2008, law firms adjusted at the margins—furloughs, reduced rack rates, and internal cost-cutting measures. This time things will be different; the changes will be broad, deep and enduring.
The flexibility of commercial law firms will be tested by this pandemic and technological developments in automation and Artificial Intelligence will disrupt the very foundations of how legal work is practised and delivered. The smart use of new technologies can help law firms address this unmet legal need by reducing costs and helping people find information. In essence, coronavirus will boost digital transformation and reshape the legal sector.
Remote work is nothing new to the business. According to the Office for National Statistics, for the 12-month period from January to December 2019, of the 32.6 million people in employment, around 1.7 million people reported working mainly from home, with around 4.0 million working from home at some point during the week.
There are numerous examples of technologically driven legal transformations:
Case law search has moved from hard copy to closed digital systems such as Westlaw and LexisNexis. We see changes in eDiscovery, privacy, the delivery of (online) legal services and virtual hearings. However, the most fundamental issue for virtual hearings is the preservation of the principle of a fair trial – the cornerstone of civil liberties and human rights. Therefore, coronavirus lockdown shows virtual courts can actually work better. The UK pioneer Richard Susskind has established the remotecourts website to share experiences around the globe of the alternative to traditional court hearings. This is an opportunity to consider which areas of legal services really do benefit from the human touch. Nevertheless, like many case management and commercial hearings, will uncover themselves to have transitioned effectively using remote working technology.
Distance learning has been recognised by online educational companies such as Edx, Coursera and Kahn Academy. These online platforms demonstrate that education is a process, not a place. The lawyer of the future will exist as a “polytechnic” or “multi-skilled” professional, applying his legal expertise to a client’s changing world in an increasingly agile way and within a range of organisational settings. The practice of law has continued to evolve, with perhaps its greatest transformation arising from technological innovation. As technology proficiency is now recognised as a competency for lawyers, future graduates with technical expertise will be in high demand. Students will no longer have to possess a higher degree in law (an LLB, a JD or a GDL) and instead, they will be expected to pass the Solicitors’ Qualifying Exam (SQE) in two-parts, alongside accumulating twenty-four months of work experience; the equivalent of the Training Contract period we know today. The changes are likely to challenge the dominance of the law degree as the main route of entry into the legal profession.
Is it now time for a change? As in every crisis, both challenges and opportunities are met. Therefore, there is hope for growth and the legal industry needs to adapt accordingly.
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