Megatrends in the Practice of Law
A few observations on some of the big picture changes I perceive in the practice of law as of 2010:
1. More Suburban Law Firms and Home Offices.
It’s easier than ever to work productively from home or remote offices. Working and/or living in large cities imposes serious quality of life problems on attorneys, particularly those with families. Big firms enjoy prestige, in part, from impressive downtown offices, but their corporate clients are finding new ways to organize and streamline their labor forces.
2. Self-Educated Clients.
Forms, research papers, training videos, sample court documents abound on the internet. An intelligent, motivated client can quickly learn about many of the legal issues involved in his or her case. Some will learn just enough to be dangerous, like a homeowner who knows enough to cause serious damage to the home plumbing. Other clients will learn enough to handle some aspects of the case, while seeking limited representation, which leads into the next megatrend.
3. Gigs, Not Clients.
A “gig” is a project, not a ongoing job. Limited representation can be expected to grow in popularity. Firms can be expected to rely more on independent contractors, and perhaps out-sourcing, than regular employees.
4. Electronic Case Management.
Continued technological development is a given, but what will it mean? Already, many courts are using electronic filing. Many firms are making increasing use of off-line technologies as litigation support, particularly programs to produce, manage and search documents. We should expect to see computer technologies play a greater role in managing court dockets with computer programs generating notices, calendars and interacting with parties in pre-defined functions to help courts clear dockets. Expect “the code” to take on new meaning.
5. Attorney Dissatisfaction.
It may remain the great white elephant, but the alarming level of attorney dissatisfaction is too much a driver and result of the other megatrends noted here to avoid serious attention from law schools and the legal profession. When you’re young, smart and really think about it, the increasing precarious rewards of practicing law do not justify such frustration and constant antagonism. The constant motivational speeches one hears from judges or senior attorneys about the nobility of the profession simply do not match how most attorneys really feel about their work. It’s a big problem.
6. A Generation Raised by the Courts.
Although courts do settle disputes among individuals and organizations, nearly all civil disputes are settled without trial. Most trials are for the prosecution of criminals. The bulk of appellate court work also is criminal law and procedure. With courts intervening earlier and more extensively in individuals lives via juvenile, drug and family courts, it appears that courts are not simply deciding right and wrong, but rather are filling a care-taking role for a substantial period of some individuals’ lives. Growing academic literature is devoted to the integration of traditional social, welfare services and the court system. It appears to be a sad, but necessary trend in the United States.
