Richard Susskind: Electronic path to legal evolution
Legal Week reports
November 01, 2006 at 07:03 PM
3 minute read
In the coming decade, I believe legal practice will be transformed by two related phenomena – commoditisation and online community.
The common understanding of commoditisation recognises that some legal services are becoming highly routine. They are no longer commanding serious fees, becoming demystified and commonplace. And so, they become commodities of sorts.
I have recently analysed this idea in greater depth and concluded that commoditisation is better seen as the fifth and final step in the evolution of legal service, as depicted below.
Travelling along this evolutionary path, highly tailored, bespoke legal service gives way to standardisation when legal work becomes recurrent. In turn, standard ways of working are systematised through IT. The resultant systems can then be made directly available to clients in the form of packages and, when these become widely available and indistinguishable, they evolve into commodities.
However, work on any given matter for a client will rarely map directly onto just one of the five steps. Instead, on particular disputes or deals, work will tend to be spread across a number of the steps. The central issue for any matter is this: what is the optimum balance or distribution of tasks and activities across the five steps?
For most legal services, I contend there is a growing pull by clients to the right towards commoditisation. This is largely for commercial reasons because service towards the right tends to be offered on a fixed-fee basis and most clients welcome this certainty. Also, clients rightly expect cost savings as service becomes standardised, systematised and more.
Regarding online community, innumerable internet trends, techniques and systems (such as wikis, instant messaging, open source, YouTube and MySpace) are pointing in the same direction – towards a world where online collaboration and sharing is pervasive.
What kinds of legal communities will emerge? Vitally, there will be communities of clients. Legal departments will coalesce electronically into groups that use their collective purchasing power to secure better legal services at lower costs.
Clients will even come to share the advice they receive with fellow members of their communities. Legal advice will be recycled among clients, whereas recycling today is confined to the reuse of materials within individual firms (aka knowledge management). Large collections of advice will build up, not simply in arid libraries but interleaved with online commentary and discussion.
Client communities will also encourage law firms to come together and form their own communities, as the Banking Legal Technology Group has done in London – in 2003, nine investment banks asked five major firms to collaborate in providing a single knowledge portal for these clients.
Meanwhile, individual clients will establish virtual legal functions, made up of the law firms in their panels and their own legal departments. Lawyers from different firms will work as closely alongside one another as part of these communities as they do with their own colleagues.
These online communities, like commoditisation, present profound challenges for conventional legal businesses. Imaginative firms will embrace the opportunities they present, while the rest will wither.
Richard Susskind is an author, speaker and independent adviser to professional firms and national governments.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All![ALN Expands into Ghana, Tapping Into Booming Gold Market and West African Growth ALN Expands into Ghana, Tapping Into Booming Gold Market and West African Growth](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/72/07/eae678cf4e4ab6c869fbd52f3bbe/adobestock-168263360-767x633-2.jpg)
ALN Expands into Ghana, Tapping Into Booming Gold Market and West African Growth
3 minute read![Jones Day Names New Practice Leaders in Brussels, Latin America and the US Jones Day Names New Practice Leaders in Brussels, Latin America and the US](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://images.law.com/international-edition/contrib/content/uploads/sites/402/2024/03/Jones-Day-sign-01-767x633.jpg)
Jones Day Names New Practice Leaders in Brussels, Latin America and the US
![Lawyers React To India’s 2025 Budget, Welcome Investment And Tax Reform Lawyers React To India’s 2025 Budget, Welcome Investment And Tax Reform](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://images.law.com/international-edition/contrib/content/uploads/sites/378/2024/08/Indian-Flag-767x633.jpg)
Lawyers React To India’s 2025 Budget, Welcome Investment And Tax Reform
Trending Stories
- 1Eliminating Judicial Exceptions: The Promise of the Patent Eligibility Restoration Act
- 2AI in Legal: Disruptive Potential and Practical Realities
- 3One Court’s Opinion on Successfully Bankruptcy Proofing a Borrower
- 4Making the Case for Workflow Automation
- 5Copyright Infringement by Generative AI Tools Under US and UK Law: Common Threads and Contrasting Approaches
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250