Small Law Firms, Solo Practitioners

Can Older Lawyers Catch Up To The Future Of Law?

This time, the revolution is real.

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Carolyn ElefantIt’s 7:15 a.m. Central Time and I’m here at the Filament meeting facility at the TBD Conference in St. Louis, Missouri chasing the Future of Law. Literally.

This morning, one of conference activities was a morning run through the city. We ran past the Arch and the mighty Mississippi River and even the International Shoe Company, where most of our legal education began with the classic civil procedure case establishing a minimum contacts rule that itself may no longer be relevant in a world where we leave virtual footprints all over the globe. At 52 (and never a particularly speedy runner), I couldn’t keep pace with my younger, more fit colleagues, so I ran with a view of their backs when it hit me: this is what the future of law looks like to many other middle aged lawyers — something that’s overtaking us, and leaving us in its wake.

I’ve been around the blogosphere and viewed as forward-looking for a long-time. Heard the warnings that this year (whether it’s 2005 or 2010) is the end of lawyers and collapse of Biglaw, seen the hype and rise of virtual law firms (a portal potty on every corner), been told by myriad consultants that document automation and universal use of the cloud will be mainstream. And each time, I had my heart broken because once the economy stabilized, we all went back to practice as usual.

This time, things are different. Technology has reached a point where it’s not only feasible, but inexpensive to create online form generators. Society has reached a point where most folks are not only more comfortable with online providers but they prefer the convenience and flexibility of those practices. And access to justice remains a greater problem than ever, threatening the integrity of our judicial system and can’t be put on hold any longer. And non-lawyer providers and entrepreneurs see this; they view legal as a juicy little vertical with potential national reach — and they’ll figure out a way to make it happen even if lawyers aren’t on board.

So what does this all mean for lawyers of my generation? First, we need to realize that this time, change is coming. I’ve been through enough fake revolutions to know that this is the real deal. Second, if we don’t jump on this train now, we’ll be left behind, chasing the future after it’s too late to catch up. Maybe we’re too old to drive, but we’ve still got the skills to help navigate and steer through the thicket of regulation and old school thinking that stand as obstacles to a path forward.

Third, though we older lawyers can contribute to change in the law, we can’t wait for an invitation either. Maybe that’s how it worked in the old days when experience and gravitas earned an older lawyer a place on a committee. These days, we’ve got to push our way in or at least join the party without expecting a special invite.

Fourth, even if you are progressive older lawyer — say, an early adopter (as I considered myself) — someone who coded in Fortran or used Slashcode to build your first blog or started a virtual law firm back in 2001 — not relevant now. New technology, new business models and new ways of thinking mean that the tools you once used don’t work any more, and many of the systems that failed because they were before their time may be wildly successful the second time around.

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Finally, older lawyers need to realize that change is never going to come from the bar association and the pallid recommendations from The Commission on Future of Legal Services. Change demands new fora where we can dream and build systems, not make proposals that will suffocate in a grueling death-by-7-year-committee.

TBD Law is one of those platforms. I’ve spent the past two days engaged in discussion with other lawyers and legal technologists about form automation, different tiers of service delivery (fully automated, form completion by paralegals and legal review), development of work flow charts that could be used to create new automated systems, and different law firm models, such as one comprised of new parents working flex time or a co-op for solo start ups who, as part of their package, could have access to associate support and could defray the cost of space by spending hours in a legal clinic or beta testing for legal tech companies. Over the year, other ideas may emerge at TBD, or other fora for discussion may emerge, but at least the conversation is moving forward in places that aren’t (pricey) membership only.

For my colleagues who complain about “what the profession is coming to,” bemoan the deterioration of the practice of law from noble calling to base business opportunity, who criticize document providers like Legal Zoom as a danger and threat to consumers (but sure aren’t willing to draft those contracts for $99) and who don’t believe that good lawyers will ever be replaced, you are missing out. The legal profession has never been a more dynamic and exciting place, where technology and changing public perceptions has transformed the goal of access to justice and faster, better and cheaper service for all clients from asymptotic quests to achievable, albeit still-distant goals. In short, what we dreamed of when we went to law school may become a reality in our lifetimes.

To my older colleagues, I say this: barricade yourself in your fancy law offices guarded by the bar associations, spend the rest of your days in endless committee meetings. As for me, I’m taking to the streets, running as fast as I can to catch the future of law. Who’s in?

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Carolyn Elefant has been blogging about solo and small firm practice at MyShingle.comsince 2002 and operated her firm, the Law Offices of Carolyn Elefant PLLC, even longer than that. She’s also authored a bunch of books on topics like starting a law practice, social media, and 21st century lawyer representation agreements (affiliate links). If you’re really that interested in learning more about Carolyn, just Google her. The Internet never lies, right? You can contact Carolyn by email at elefant@myshingle.comor follow her on Twitter at @carolynelefant.

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