Bench & Bar March/April 2025

2025 ANNUAL CONVENTION OVERVIEW ON PAGE 4

understand the mission and culture of the business (and law firm) and whose depar ture would mean wholesale disruption. The better way to shift what workers will do is to re-skill the existing workforce to deal with and contribute to the new work real ities. That’s not easy, the panelists agreed, and it first requires an understanding of what skills will be needed. It also involves the creation of training programs to get workers those skills and, perhaps most challenging, convincing workers to buy in and make a change (nobody likes change, especially at work). Like any business, law firms should focus on retraining existing employees to align with the new demands of an AI-driven workplace, leveraging their institutional knowledge and minimizing disruption. WHAT ABOUT LEGAL? At first blush, it would seem the panel’s re-skilling game plan should also work for legal. But there are some obstacles. First, perhaps more than any other business, law firms, lawyers, and legal professionals don’t like change. Getting buy-in from the stakeholders, from partners to associates to paralegals and everyone else in a law firm, won’t be easy. But there’s a more fundamental issue: for many law firms, it’s the billable hour busi ness model. AI can eliminate time spent on certain tasks, which might be considered nonproductive work. But when some of that nonproductive work is billable, it’s hard for law firm management to admit that work is “nonproductive.” Considering change, iden tifying work AI can do, and then re-skilling workers may impact and even threaten the traditional law firm business model. A NEW WAY OF THINKING For law firms to take advantage of AI for themselves and their clients, they may first need to rethink what it means to be success ful. What does it mean to be a good lawyer when AI can be used to better and more economically serve clients? A better base line understanding of what constitutes a “good” lawyer may be needed before a firm can figure out how to best use AI and how to re-skill its workers for that use.

One thing this new way of thinking doesn’t mean is purchasing AI products just because they are trendy, and everyone is talking about them. That approach isn’t going to effectuate the kind of change we will see in most businesses, and which is needed for law firms. Once law firms and lawyers view work as not necessarily valued by the number of hours it will generate, they can begin to understand what tools and skills will be needed. They can better identify what work is appropriate for AI to do. They can begin to determine what skills the legal work force needs to deal with the new workplace. They can set up training programs that will retrain existing workers that understand the law firm’s culture and goals. These programs can include such things as training lawyers to better work with AI tools like litigation analytics platforms, teaching paralegals to effectively use document automation soft ware and equipping marketing teams with AI-driven data analytical skills. Those firms who do these things will gain a competitive advantage over those firms that are hiding their heads in the sand and postponing thinking about the future. especially as their clients evolve and expect more innovative solutions. Businesses are certainly making changes to accommodate the new world of work. These businesses (who may be clients) will have new expec tations for their law firms; for example, they may expect such things as faster turnaround times, more data-driven advice, or transpar ent pricing models. A PIVOTAL MOMENT The legal profession is at a pivotal moment as AI and generative AI reshape how work is done. While these technologies prom ise to automate repetitive tasks, improve efficiency, and unlock new possibilities, they also demand a reimagining of roles within law firms. To remain competitive, law firms will need to proactively re-skill their workforce and equip lawyers and staff with the skills needed to leverage AI effectively. Those that embrace this transfor mation will not only improve their ability to serve clients but will also gain a competitive advantage in an evolving marketplace.

ABOUT THE AUTHOR STEPHEN EMBRY is a frequent speaker, blogger and writer. He is publisher of TechLaw Crossroads, a blog devoted to the exam ination of the tension between

technology, the law and the practice of law. He is also co-author of a book entitled, “Mass Tort Claims Resolution Facilities,” and the 2017 and 2016 editions of the American Bar Association’s “TechReports.” Formerly a member of Frost Brown Todd LLC and the firm's class action, privacy and mass tort groups, he is a national litigator and advisor who is experienced in devel oping solutions to complex litigation and corporate problems. He now practices with his own firm, embryLaw LLC, and serves as co-chair of the Kentucky Bar Association’s Law Practice Committee.

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