Looking at Law in the New Tech Era

Editor’s Note: The author of this post is a law professor who studies emerging global networks.

By Kevin P. Lee, Associate Professor of Law at Campbell University, Norman Adrian Wiggins School of Law

There are real reasons for concern in the legal services industry. Due to a combination of globalization and technologicaladvances, the industry is in a state of disruption. The twin causes of this are actually two sides of the same thing — vastly increased computational capacity.

This computation makes communications networks possible. As a result, the world is becoming a small, “flat” place. From surgeons to accountants to lawyers, the market is facing global competition. Also, new technologies are transforming the way in which legal services are being conceived and delivered. Though many practitioners will be slow to accept these changes, there are many reasons to be optimistic. We are still in the very early moments of this new era. Since most lawyers are not literate in the language of data, those who can see and respond to the change have a significant advantage.

As computers rapidly gain cognitive capacity for pattern recognition and machine learning, new opportunities for efficient, low-cost practice areas are developing. This is similar to “big box” stores in the retail business; the idea of mass customization is coming to the legal world. There are now opportunities to provide affordable legal services to the underserved.

Since most lawyers are not literate in the language of data, those who can see and respond to the change have a significant advantage.

Imagine what it might mean if automated systems bring down the cost of providing basic legal services so low that they become freeware? What will it mean to the emerging middle-class around the world if they are given access to legal services to protect human rights and social justice?

The potential for smart contracts (self-executing and self-enforcing agreements that are capable of securely handling complex financial contracts and the smallest micro-transactions) is on the immediate horizon. The “Silverflume” LLC Operating Agreement that was adopted and put in place in Nevada,which aims to make registering a business online into a simple process, illustrates the potential for transforming many areas of commercial law and government regulation.

How do you get ready for this new age? Given the uncertainty that accompanies rapid change, it’s hard to predict exactly where the best opportunities will develop. But it is possible to adopt strategies that make success more likely.

Here are five strategies for thriving in the new tech era:

1. Be vigilant. Since computing power grows exponentially, we can expect substantial advances in legal technology, particularly in areas where cognitive computing can be applied. This might include predicting legal outcomes and regulatory responses to changing economic and political trends. Stay on top of what’s happening because you can’t assume that tomorrow will be the same as yesterday.

• 2. Learn to code. Programming is the new literacy. Popular languages for lawyers are Python and R. Both are open source and have extensive capabilities for handling data. The ability to write custom programs to tailor services for client needs will be a distinguishing mark of the sophisticated legal professional.

• 3. Learn data analytics. Data is everywhere. Law needs to be understood as computation and data. We are awash in an increasingly fine-grained data pool that tracks everything that human beings do or can do. Have some basic understanding of how that data is captured, recorded, and analyzed.

• 4. Think globally. There is a rising global middle class that will present transnational opportunities. Consider how your practice can exploit the low cost of on-line marketing in distant markets. This might mean tailoring your practice to include international perspectives and skills. In this new era, immigration law, for example, has new international marketing opportunities, even for smaller practices.

• 5. Adapt. Realize that we are passing through an unprecedented period that will bring tremendous change to society. Change will bring some pain, and it may come in the form of waking up to realize that your skills are out of date. Be open to retooling and learning new things.