The Future of Law (Part 12): Commoditizing the Law (Cont’d.)

If you want to further explore the topics we’ve been considering in this series, here are couple wonderful resources:

Check out 100 Innovations In Law, the ABA Journal’s cover story, just published yesterday. The article begins this way:

“People tend to think of the law as slow-moving, immutable and disconnected from daily life. And lawyers have a reputation of being cautious and resistant to change. But in fact, when technology or sweeping changes are necessary to better serve their clients, improve access to justice or simply make their work easier, lawyers can be pretty progressive.

“While fundamental change can take decades, in the past 100 years legal professionals have eagerly adopted technological innovations, streamlined the law and launched new practice areas that were unimaginable just a century ago. The innovation of written laws dates to 1750 B.C., but many of the most important innovations in the law have come in just the last century. Here is a list of 100 technological, intellectual and practical innovations that have fundamentally changed the way law is practiced.”

For a futurist perspective on the law spanning the past twenty years, Richard Susskind is the mother lode. I’m chagrined to be just discovering him and his work after all these weeks of making my own predictions, but we’ll be hearing more from him. He writes mostly about law practice — less so about the law itself. The link takes you to his website, where all his books are listed. I recommend all of them, although there is some repetition as time goes on.

And now, back to our consideration of the commoditization of the law that we began last time.

In his 2008 book The End of Lawyers, Richard Susskind predicts that, as the law is increasingly presorted and prepackaged for delivery in the commoditized marketplace, the awareness of what is actually legal advice will fade, dissolved into more comprehensive packages of multidisciplinary service and product offerings:

“[T]he compartmentalization of information into legal and other such conventional categories will itself fade away in time. The information products and services available… will be packaged and oriented towards providing practical and directly implementable guidance with little or no distinction between the disciplines from which the final information product has been derived. A user who has a problem which traditionally may have needed, say, accounting and banking expertise as well as legal, may consult a service which provides a synthesis of these three sources of guidance, but there will be no particular need or benefit in the overall guidance being broken down into units which reflect their original structure.”

A key result of this shift in advisory practice will be a narrower field of vision concerning what the law actually is or isn’t:

  • The law in its commoditized form will increasingly be regarded as the law itself, as opposed to what the law theoretically might be. Therefore law changes will occur within this narrower field, not the wider. more theoretical field of possibilities.
  • As a result, legal advice will narrow in scope as well. Historical lawyer-like answers such as “it depends” and “on the one hand this vs. on the other hand that” will be less valued, and legal complexity will fade as a commonly-accepted paradigm.

The lack of distinction between what is legal vs. non-legal advice will have some interesting side effects on law practice, such as:

  • As the legal profession loses its monopolistic grip on legal advice, policing the unlicensed practice of law will become increasingly difficult. As a result, lawyers and legal processes will lose their exclusive franchise as the creators, interpreters, and changers of the law, opening its content to wider influences.
  • Informal collaboration among allied disciplines and practitioners will be increasingly replaced with comprehensive, integrated, ready-to-implement information product offerings. As a result, the current practices of inter-disciplinary networking and referrals will become less important for law practice and career building.

Further, these developments will create a need for a new kind of legal expertise. We’ll talk about that next time.

A collection of Kevin Rhodes’ Legal Connection blog posts for the past three years is now available in print from Amazon. Also available as a Kindle. A promotional free download is available for a limited time from Smashwords, Barnes & Noble, iTunes, and Scribd.

Author: Kevin Rhodes

Kevin Rhodes has been a lawyer for over 30 years. Drawing on insights gathered from science, technology, disruptive innovation, entrepreneurship, neuroscience, and psychology, and also from his personal experiences as a practicing lawyer and a “life athlete,” he’s on a mission to bring wellbeing to the people who learn, teach, and practice the law.

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