Ride the Lightning

Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.

The Future of the Legal Profession: Technology

May 12, 2011

On April 2, 2011, the New York State Bar Association released the "Report of the Task Force on the Future of the Legal Profession." At 112 pages, it takes some time to read it. The Task Force was charged with evaluating the changing legal environment, identifying the risks and opportunities presented, seeking a course that fulfills the professional reponsibilities of lawyers to their clients as well as one that promotes personal well-being. A daunting task.

One of the key areas of study was the implications of technology on the practice of law. That one key area is almost overwhelming – in just three decades technology has revolutionized the practice of law. The lawyer without a computer is almost non-existent. The lawyer without a smartphone is very much in the minority. The lawyer who doesn't practice law remotely exists, but not for long. Lawyers have invaded social media in droves and are finding ways to reach potential clients there.

The Task Force recommends:

  • That law schools and firms increase educational and training opportunities in practical ways to use technologies
  • That firms consider the adoption of system-based approaches
  • That NYSBA's Committee on Standards of Attorney Conduct should study and make recommendations concerning the ethical and risk management considerations associated with new technologies such as social networking, third-party hosted solutions and virtual law firms
  • That the NYSBA's law  Practice Management Committee create model policies concerning the use of mobile technoloy, including security issues
  • That NYSBA encourage legal employers to use technology to support a healthier work-life balance by facilitating flexible work arrangesw
  • That NYSBA consider whether and how it can leverage its resources to assist smaller firms with technology-related issues

These are sound recommendations and I would hope that e-discovery would find a place in many of these efforts.There are few arenas in which lawyers need more education. The tsunami of technological changes that has washed over the legal profession has left many lawyers and firms reeling and uncertain. Those who "get" technology and how it can make lawyers and firms more productive and attractive to clients are those who are destined to survive and prosper.

As has oft been said, change is inevitable, but it's how you adapt to change that sets you apart.

Hat tip to friend and colleague Alan Goldberg, who stressed the importance of reading this report.

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