Lisa S. Brook 2021-01-22 05:50:30
Four Trends That Will Shape Legal Practice in 2021 and Beyond
The onslaught of the COVID-19 pandemic forced us to retreat, regroup, and rethink in 2020. These challenges also created unparalleled opportunities for change in 2021. These four trends inform our expectations in 2021 and beyond:
The drastic changes of the past year forced law firms to become nimble—reducing nonessential costs and overhead, while designing systems to increase client engagement.
Many lawyers have strengthened client relationships through sharing personal experiences and lessons learned. Virtual meetings are the norm, not the exception. Without the expense and trouble associated with travel and traffic, lawyers and clients who meet face-toface virtually find increases in productivity and efficiency.1
Clients have also come to expect the revolutionary full service that technology allows. Paperless workflows keep a clear and consistent record of communications. Chatbots automate customer interactions to provide immediate, personalized responses with a human touch. Artificial intelligence performs an increasing number of legal tasks for clients, from legal research, document review, billing, and litigation support, to contract drafting, due diligence, and even jury screening.2
As client expectations shift, changes in communication and efficiency in the legal industry appear to be permanent.
With the rapid changes in technology and shifts in staff demographics, we have entered the age of the distributed workforce. Many law firms have come to rely on temporary, contract, and freelance roles to supplement the existing workforce.
With law firms focusing on the client experience, back-office functions are moving to the cloud. Virtual assistants provide instantaneous responses, and remote employees increase the efficiency of growing firms.
The gig economy has redefined every aspect of society from grocery shopping to accounting, and the modern law firm is no different. The legal workforce is rapidly changing to support clients, both virtually and in-person. Temporary, contract, and freelance employees allow firms to efficiently scale up or down.3
Adapting to these changes will require firms to remain vigilant to maintain client confidence and security while embracing the opportunity to create better client experiences.
Issues surrounding the historic struggle for racial justice and equity came to the fore in 2020. Surveys showed that 72 percent of legal professionals believe the U.S. judicial system suffers from systemic racism, 65 percent believe that the race or ethnic background of a person significantly affects their ability to receive fair outcomes for their legal issues, and 60 percent believe the race or ethnic background of a person significantly affects their opportunity to pursue a career in the legal profession.4 This past year, businesses, individuals, lawyers, and courts made unprecedented antiracism statements. They pledged to promote diversity and inclusion in all aspects of their practices, spotlighting a shared vision for change and growth in the future.
Women continue to make progress toward full and equal participation in the Bar. But the numbers of women, and especially women of color, in leadership and management positions, show that women are underrepresented. The future holds great promise for change. Legal professionals are committed to looking at their internal structures and historical data to come to an understanding of barriers that have been created for women and women of color.5
If these commitments remain strong, the trend will likely see higher levels of engagement with recruitment, retention, training, and opportunities for lawyers and law students who have been historically marginalized.
The record-breaking unemployment rates, housing crisis, and reduced court services have increased the barriers to legal services for many in need. Innovative solutions may begin to bridge the gap. Researchers with the American Bar Foundation are using data science to understand how people seek legal help on the Internet. They his own name. Matson maintained that he disbursed the $2,500,000 as “discretionary bonuses” and that the additional $341,000 was being held in escrow in his name. The $2,800,000 that Matson disbursed to himself and the other attorney were ultimately returned to the trust account.
What can we do as a profession to address these cases? Be vigilant.
We are a self-policing profession. “Every lawyer is responsible for observance of the Rules of Professional Conduct. A lawyer should also aid in securing their observance by other lawyers. Neglect of these responsibilities compromises the independence of the profession and the public interest which it serves.”10
The mission of the Virginia State Bar is to protect the public. The Bar cannot effectively protect the public, nor can it ensure consistent discipline, if lawyers fail to report substantial misconduct for fear of damaging another lawyer’s reputation, or in hopes that someone else will report the misconduct.
Rule 8.3(a) requires a lawyer to report misconduct if they have “reliable information” that another lawyer has committed a violation of the Rules of Professional Conduct that raises a “substantial question” as to that lawyer’s honesty, trustworthiness, or fitness to practice law. Per Comment 3 to Rule 8.3, the term “substantial” refers to the seriousness of the possible offense and not the quantum of evidence of which the lawyer is aware.
Not every report has to be formal— when in doubt, call the Bar. Once reported, the VSB will thoroughly assess the concerns or complaint, and if necessary, investigate; not every report will result in discipline. Early reporting may prevent further harm. The Bar’s disciplinary procedure allows one-way, confidential reporting of concerns of depression, substance abuse, or cognitive impairment to Virginia’s Judges and Lawyers’ Assistance Program (Virginia JLAP). The Bar strives to be proactive.
The stakes are particularly high — and the obligation to report is critical— in cases where a lawyer misappropriates funds that he or she has been entrusted to safeguard. We must act to protect the integrity of the profession, for without the trust of the public and our clients, what do we have?
Lisa S. Brook practices with the Personal Injury Group of MichieHamlett in Charlottesville. In addition to representing plaintiffs in federal and state courts, Brook is the content editor for the American Association for Justice Section on Toxic, Environmental, and Pharmaceutical Torts Blog, and chair of the VTLA Women’s Caucus. Brook may be reached at LBrook@michiehamlett.com.
Published by Virginia State Bar. View All Articles.
This page can be found at http://virginialawyer.vsb.org/article/Technology+And+The+Future+Practice+Of+Law/3863370/690953/article.html.