CBA Record February_March 2016
the functions traditionally performed by lawyers. This new class of professional is able to service the public competently at a lower cost. Also, relaxing jurisdictional requirements on the practice of law allows lawyers from one state or country to prac- tice their specialty in another to the benefit of consumers. While these trends appear to threaten the economic well-being of some lawyers, they benefit the consuming public and are already taking place. Closely tied into providing legal services to the public is the revolution created by the Internet. The ability of lawyers cheaply and easily to solicit and communicate with clients has enabled the creation of inde- pendent and small firm practices that can more economically service smaller clients than can the traditional law firm. Further enabling these practices is the easy access of the independent and small firm lawyer to law libraries, legal forms and other sources of information over the Internet. However, the Internet revolution has an even greater effect. Individuals can now purchase many legal forms directly on-line with access to the software to complete them–thereby avoiding contact with a lawyer altogether. This development has had, and will continue to have, an economic impact on some practices. Even further, “technology promises to transform lawyer work that used to be seen as com- plex, unique, and worthy of substantial fees into a series of commodities: simple, repetitive operations that will be sold by clients to the lowest bidder.” The authors see these developments in part as a threat to the economics of the profession, but also as an opportunity to give more people access to justice at a lower cost. The book also discusses other aspects of the technological revolution such as electronic discovery, social media, and the negative impact of e-mail and smart phones on our quality of life. There are also chapters on the sociological changes within the practice of law, including the increase in numbers of women and minorities and the growing cost of legal
SUMMARY JUDGMENTS
REVIEWS, REVIEWS, REVIEWS!
The Relevant Lawyer
this field. The chapters are clearly written, without footnotes, so that both lawyers and laypersons can easily read them. To understand the importance of this book, imagine yourself a lawyer back in 1966 reading a book about the practice of law 50 years in the future (i.e. today). You would be reading of machines that prepare documents with no typos, instant commu- nication with your office and your clients, entire law libraries on your desk at any time, giant multistate and multinational law firms. It would sound like a world of progress and efficiency. However, as we now know, there are drawbacks to these changes. Instant uni- versal communication is often a good thing–yet, once upon a time a lawyer could be out of contact for a time without seeming to abandon clients or partners. Unauthorized practice was not such an issue when your client was just down the street–not two states away. Giant firms are efficient, but lead to a more costly and impersonal practice of law. A book such as The Relevant Lawyer would have warned us of such issues. It is impractical to try and summarize each of the 20 chapters. However, there are two overriding topics that pervade the book: access to justice and technological change. The problem of access to justice is summarized by the statement: “The typical legal services consumer in the U.S. makes approximately $25 per hour, and is priced out of the services lawyers provide even at low attorney rates of $125-$150 an hour.” Not only are individuals being priced out of the legal services market, but even large businesses are balking at the high costs charged by the large firm practices. One of the solutions being tried in some U.S. and foreign jurisdictions is to allow non-lawyers to perform some of
The Relevant Lawyer–Reimagining the Future of the Legal Profession By Paul A. Haskins (Editor) ABA Standing Committee of Professionalism Center for Professional Responsibility (2015)
Reviewed by John Levin T he Relevant Lawyer is a collection of 20 articles that confront the profound changes currently facing the legal profession and propose how we should face this “structural upheaval while standing firmly for principles of justice.” The book was produced by the ABA Stand- ing Committee on Professionalism and the authors are all individuals active in
John Levin is the retired Assis- tant General Counsel of GATX Corporation and a member of the CBARecord Editorial Board.
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52 FEBRUARY/MARCH 2016
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