After 40 Years of Constant Change, What's Next for the Legal Industry?
Few could have anticipated the dramatic shift in scope and scale the industry has undergone since The American Lawyer's founding 40 years ago. We asked some of the law's brightest thinkers what we can expect over the next 10.
September 03, 2019 at 05:30 AM
14 minute read
The original version of this story was published on The American Lawyer
Predictions are dangerous business. Take the question of how big law firms can get. In 1999, Baker McKenzie, the largest firm in The American Lawyer's Global 100, was home to nearly 2,500 lawyers. In 2009, it continued to employ more lawyers than any other firm in the world, nearly 4,000.
It would have been a fair bet to expect Baker McKenzie to maintain its position in 2019 with steady growth. How could anyone have scaled up quickly enough to displace the firm? And the firm did continue its upward trajectory, growing to 4,700 attorneys in the most recent survey.
Still, that bet would have been sunk by the emergence of a new megafirm, Dentons, whose rapid emergence demonstrates that predicting the terrain of the legal industry 10 years into the future is a fool's errand.
"Change is happening with such rapidity on a far more exponential basis than it did a decade ago," Dentons U.S. Chief Executive Mike McNamara says.
Part of the top brass in a 10,000-attorney firm that didn't even exist 10 years ago, McNamara predicts the next three years will feature as much transformation as the previous 10.
Take this forecast, then, as a rough roadmap of what is likely to transpire in the legal industry, whether these changes take three years, five or even a full decade.
|Technology and Upheaval
While it's easy to conclude that the technological revolution that's already been unleashed will continue to drive transformation over the next 10 years, it's harder to pinpoint how.
Expect more and more tasks to become subject to automation—not just contracts and e-discovery but also areas like trademarks and due diligence for mergers, for starters.
Technology and artificial intelligence on their own are noteworthy, but what's more compelling is the impact they will have on how firms are structured.
"Everything that can be taken out of the hands of subject-matter experts and handed over to the process experts and technologists will be," says Orrick, Herrington & Sutcliffe Chairman and CEO Mitch Zuklie. "There will be far fewer associates sitting in rooms with documents and more strategic partnerships among law firms and legal tech providers."
This transition could help chip away at the supremacy of the billable hour. As work becomes less time-consuming, the imperative of charging based on effort will dissipate. Furthermore, sharper analytical tools can provide a more accurate sense of what's involved in a case and what a good outcome looks like, particularly for litigation.
"That helps you move away from billable hours and toward more of a flat fee," says Stephen Embry, a litigator who publishes the blog TechLaw Crossroads.
Not only will technology move up the value chain for litigation, it will also emerge as a greater player on the deal side. Jae Um, director of pricing strategy at Baker McKenzie, expects to see a much greater focus on compliance and regulatory technology in the next five years.
As AI solutions, which depend upon machine learning, are slowly deployed in the marketplace, their efficacy will inevitably grow.
"As we see more companies develop tools with very special use cases and have to refine their solutions because of the products' market fit, that's going to accelerate the improvement of the tooling itself," Um says.
The fallout from their adoption will prompt a reallocation of labor that should also upset law firms' traditional model, which features an army of associates and a smaller cadre of partners at the top.
Long gone are the days of a client coming into a firm and handing off an entire piece of litigation to be parceled out among associates, including tasks unrelated to the practice of law. If the corporate legal department hasn't already broken apart this work and sent off what it can to alternative providers, the law firm itself will be putting its vastly expanded technical team to work. Zuklie expects firms to reach a 60-40 split between lawyers and other professionals—compliance experts and business development staff along with technologists and process experts. One valuable side effect will be increased cognitive diversity. Individuals with more diverse training, when placed together, will come up with better answers.
"It's a tried-and-true method of problem-solving in the business world," says Cat Moon, director of innovation design for the Program in Law and Innovation at Vanderbilt Law School. "It simply must be the way that law goes."
But what about those JD holders? If associates aren't just fungible but expendable, the same isn't the case for experienced subject-matter experts.
"You will need more gray-haired partners to truly exercise superior judgment," says consultant Bruce MacEwen, founder of Adam Smith Esq.
|The Human Side
The smaller cohorts of associates coming into firms will face a changed reality as well, as the likelihood of most lawyers remaining until their hair turns gray shrinks further. While a growing number of firms will abbreviate the path to partnership, the brass ring will become increasingly elusive, especially for equity partnership, which will require business acumen.
"The only commodity, unless you have really unique expertise, is an ability to generate income," says Jeffrey Lowe, global practice leader of Major, Lindsey & Africa's Law Firm Practice Group. "You can do that by billing hours, which is good, but the unicorns are the ones who have the ability to bill the hours and find the clients."
As long as salaries remain high, Big Law will continue to be a desirable destination for the talented and ambitious.
"There are not a lot of other options out there, other than investment banking, that allow a younger person to make such money right out of the gate," Lowe adds.
Hogan Lovells CEO Stephen Immelt believes that the practice of law, with all its likely changes, will remain an inherently appealing vocation, whether or not partnership is within reach.
"If law firms evolve to continue to be interesting places to work at, with good strong cultures that are giving people a sense of accomplishment and personal growth, people will want to do this, because it's a law-centered enterprise," he says.
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 AllTrending Stories
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