Ed note: This is the latest installment in a series of posts from the ATL Career Center’s team of expert contributors. Today, Dan Lear explores the role of technology in the future of the legal industry.
“A lot of people have recently jumped in [to the legal tech/startup space] but the fact is that law isn’t any different than any other industry.” Josh Kubicki – Co-founder Lex Redux
In August 2011 Mark Andreessen, co-founder of Netscape and noted venture capitalist, wrote an essay in the Wall Street Journal entitled “Why Software is Eating the World.” In it Andreessen stated that software had already revolutionized many industries: bookselling (think Amazon vs. Borders), video rental (Netflix vs. Blockbuster), and music (iTunes, Spotify, and Pandora) and warned: “Companies in every industry need to assume that a software revolution is coming.” (Emphasis added.)
Fast forward less than three years and Lex Redux may be the sound of the software revolution arriving at the legal industry’s doorstep.
The patent world can at times seem very small. The same firms, representing the same group of technology companies, pursuing the same strategies, both to maximize profits for their firms and to deliver results for their clients. Sure people move around, but the players in the larger sense are pretty static. Most patent cases are of limited importance to everyone but the parties involved as well. Sometimes a case has a broader scope, and becomes of interest to industry competitors or even investors. Every once in a while a patent case captures the public fancy, as Apple v. Samsung undoubtedly has, usually because of the nature of the parties involved or the ubiquity of the technology at issue. When that happens, the patent world can seem very big — global in scope, even.
Sometimes a little case can actually turn into a huge deal. When the Supreme Court gets involved, for example. Especially when the issue in the case has far-reaching economic implications for society at large, and not just for the litigants involved. I have seen a number of “big” patent cases during my career, but none has the disruptive potential of a case that is set for oral argument next week in the Supreme Court. From humble beginnings as a declaratory judgment action filed in an unusual forum for patent cases (District of D.C.,) the dispute between Alice Corp. and CLS Bank has grown into one of the most closely-watched and debated patent cases — ever. And deservedly so, because the viability of software patents is on the line. With major ramifications possible: for technology companies of all sizes, IP firms and lawyers, the courts, and the good old global economy as well….
I have spent this past week at our international software licensing council meeting. I have met many of our licensing experts from around the country and around the globe. Unfortunately, the meeting always takes place on one of our campuses 15 minutes from my home. It would be great if we could move the meeting to Canada or Latin America some years, but for now, I am home. And I am watching the last of the late spring snow melt off of my daughter’s snowman.
While a lot of the terms and technology discussed at the meetings soared far above my head, it has been fascinating to meet with people who are integral to the creation and drafting of our software licenses. On its face, our business sells manufactured products. Inherent in those products, however, are thousands of hard and soft components necessary to make the products run.
Technology has always been a core piece of our business. I have discussed before numerous areas where we have been at the forefront of particular technology advancement. Some technology remained salient to our core business, and some fell by the wayside, only to be successfully utilized by other companies. But meeting with folks who actually create some of the ingredients in our product stew opened my eyes to a world that for me, has thus far existed under the radar….
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: firstname.lastname@example.org.
We at Kinney Asia have made a number of FCPA / White Collar US associate placements in Hong Kong / China thus far in 2014. Most of such placements have been commercial litigation associates from major US markets, fluent in Mandarin, switching to FCPA / White Collar litigation. Some have already had FCPA experience, but those are difficult candidates for firms to find (this will change in coming years as US firms are now promoting FCPA / White Collar to their 2L summers who are fluent in Mandarin and have an interest in transferring to China at some point).
Legal Week quoted Kinney’s Head of Asia, Evan Jowers, extensively in the following relevant article here.
There is a new trend in the market, though, where mid-level transactional US associates, fluent in spoken Mandarin and written Chinese, are interviewing for and in some cases landing junior FCPA / White Collar spots in Hong Kong / China at very top tier US firms.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.