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
© 2024 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 AllBig Four Japanese Firm Mori Hamada Launches Foreign Joint Law Enterprise, Joins Rebrand Drive
Cox & Palmer to Merge with Benson Buffett in St. John’s, Canada’s Easternmost City
2 minute readTrending Stories
- 1Blake Lively's claims that movie co-star launched smear campaign gets support in publicist's suit
- 2Middle District of Pennsylvania's U.S. Attorney Announces Resignation
- 3Vinson & Elkins: Traditional Energy Practice Meets Energy Transition
- 4After 2024's Regulatory Tsunami, Financial Services Firms Hope Storm Clouds Break
- 5Trailblazing Pennsylvania Judge Sylvia Rambo Dies at 88
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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