Riding the Technology Wave

The Technology Wave and the Solo Practitioner

Friday’s meeting introduced us to the brave new world of technology changing law firms as we know them. It was both fascinating and a little fear inducing. There certainly seems to be a wave of technological advances pushing out the “old law”. Corporate law is changing. Big law is changing. While it was interesting, the focus on corporate law left me wondering about solo practitioners and small law firms. Much of the software discussed at the meeting was not affordable nor tailored towards solo practitioners. How is technology affecting them? What technology is available to help to them?

I decided to do make a list of a few different programs available out there that might help solo practitioners or smaller firms. They are not all legal based, but then running a law firm is a business as much as it is a law practice.

  1. Accounting software

It’s important to stay on top of your accounting as a small business. You don’t want to be that person making a frantic run to your accountant with a shoe box full of receipts at the year end. Using Cloud-based software such as Toronto’s Wave, or Mint (now owned by intuit), it’s easy to update your records from your laptop, tablet or even your phone when you have some free time. Wave is geared towards companies with 9 or less employees, and it’s free to use. Mint supports all Canadian banks and is user-friendly.

  1. SEO (search engine optimization) software

You’ve made a sleek, modern, professional website for your firm! It cost a pretty penny (okay, a few hundred thousand now obsolete pennies) but it was worth it. Proudly you type your company name into Google. Nothing. You search frantically, page after page, but nope, Google doesn’t seem to know your beautiful website exists. That’s where SEO software comes in.

SEO is a massive industry. So don’t be afraid to hire someone to do this for you (which will also cost many obsolete pennies). However, if you are feeling brave (or cheap), here are some Cloud-based SEO products that may help: Moz.com can give you a simple action plan with steps to help you rank, position, and building your search rating on Google. SEMRush takes a different approach. They let you see what your competitors are spending adwords to help you stay in the top advertising spots.

  1. Clio

Yes, Clio has its own category. This product isn’t just for larger firms. They have packages as cheap as $39/month. Time tracking, billing, and lots of other goodies make Clio a useful product for almost any firm.

  1. Other niche software

There are lots of programs out there for specific legal areas. DivorceMate is a software product aimed at family law. It streamlines child support guidelines and spousal support guidelines, among other things. They have a Cloud-based version as well as a desktop version. You can choose to pay for a $500/subscription or $55 per file option. Do Process Software has several different specialized software for real estate, wills, estates, and others. The costs vary on the product you choose.

 

Hopefully this list helps you think of the different ways technology can help solo practitioners and small firms. The technology wave is coming for everyone, not just big law. We should all learn to ride and embrace the wave.

Ravel, access to justice, and judge manipulation.

Let’s talk about gaming the legal system.

There is a product called Ravel that got me thinking about this issue, and I have been sitting on it for a little while.

These guys specifically work at (they claim) making law more accessible to everyone, by streamlining case decisions, and making it clear what comes out of cases amongst other things. In addition, they seem to have a pretty solid grasp on the ideas of mapping out data in a fairly accessible format – for example, their chart for determining at what levels of court a specific issue has come into dispute is really interesting, as you can see here.

raveldata
Ravel’s system for showing data referenced at different levels of court!

So I think that, at a very basic level, Ravel might be working to improve access to justice for the average person. They have a free version of their subscription plan that you can sign up for, and it includes a 7 day trial for their more premium levels, which have greater case analytics, and more powerful tools. I think that as a free tool, Ravel is pretty cool.

Now let’s talk about their monetisation a little bit, and the problems that I have with their model.

Specifically I take issue with one feature in their program, called judge analytics. The idea with this tool, as you might guess, is to analyze the judge that will be passing judgement on your case. It covers everything from the past judgements they have made, their reasons, what they have cited in the past, the specific language they use, the list goes on and on. Frankly, the only thing I think isn’t on there is probably what the judge will eat for breakfast that morning. But don’t worry, I’m sure that’s coming in 2.0.

My issue with this kind of analysis is that the matter of law before the judge is quickly diluted, and becomes substantially more about playing the judge, than arguing the law. Take a game of poker. In a game of poker, you can play the cards (the “law”) and make decisions based on the hand you’re dealt (the client that hires you and the facts you have). Or, you can choose to play the other player. The analogy falls apart a bit here because the other player should really be the other lawyer, but let’s ignore that for a moment and pretend the other ‘player’ is the judge. When you know everything about the ‘other player’ then that means that you don’t really care much what your cards are. If you say the right word at the right time and cite their favorite authority, maybe your facts don’t matter. The same way that playing a hand of poker perfectly can involve never taking in your cards.

I think that when we get to the point where the judge’s every move can be foreseen and predicted by technology like this it threatens the rule of law. The idea is that judge’s are intended to be these arbiters of justice, above the rest of society, yet influenced by it; removed from it to make their decisions in an unbiased manner, but conscious of the biases that they have inherently. When you lay out these biases plain to see, it removes a chunk of what makes judges and the law special. It becomes more about knowledge, and less about what the law really is. It doesn’t matter how good a lawyer you are. It doesn’t matter how innocent your client is of the accusation. If the other lawyer knows how to charm the judge just right, the guilt or innocence of your client doesn’t matter.

That being said, clearly there are avenues of recourse for losing a case that should justly have been won. You can appeal, you can go for judicial review, you can rail and scream at the top of your lungs and cause a ruckus in the press. But at the end of the day, this kind of response merely bogs down the process of justice. Your client goes away unhappy. Your case goes unresolved.

Justice falls by the wayside.

litigationstrat

As an aside, this is obviously an excellent tool for litigators, and has the potential to really transform the way that litigators act in the courtroom. In fact, Ravel even states something very similar on their marketing page.

Overall, I think that Ravel is likely a good thing. This kind of increased and simplified access to case law is a huge boon to society. I think that the drawbacks come from their monetization model, which I think will make them a lot of money, but in a way that I think has the potential to take away from real justice.

“Ars, Lex Iuvenesque Inventores: hinc Futurum”

Transitions

Let me give you an image of me as a starting-out lawyer.  I’m on the phone with a client – a terrifying proposition in itself.  Client is talking about something incomprehensible (some Wall Street acronym or something) and assuming I not only know what it is but have an informed and expert opinion about the thing as it relates to the client.  I am googling this thing while on the phone, hoping the client can’t hear me typing.

Transitioning to law school to practice was like that.

One of the reasons L21C exists is that I wanted to try to fill what I think is a gap in legal education in preparing students for this transition, from law student to professional.  Law school does not provide students with much understanding of or information about the practicalities of practice, or about what the ecosystem of the legal services world is like.  It’s a big chasm indeed from pondering the significance of peppercorns to billing, spreadsheets, attempting to tame clients, navigating the internal politics and ego-bruises of working in multiple teams, and googling financial jargon as quietly as possible.

I often hear that it’s not an appropriate goal for law school to prepare students to be “practice-ready,” that there is no substitute for real-world experience and hands-on training.   As far as it goes, I think this is true, even just obvious.  It doesn’t follow, though, that law school can’t do more to prepare students for the transition to practice.  We can, and we should.

That’s the aspiration of L21C: to make students, if not “practice-ready,” at least a bit more ready for the challenges, surprises and mysteries of the coming transition to practice.  To demystify the mysteries, make at least some of the surprises less surprising, and, I hope, stir up some excitement about the challenges.

L21C is also transitioning this year.  Last year it was a completely brand-new course, still a prototype really, and I really was not sure what to expect.  This year is … well, honestly not that different, but it’s no longer completely brand new and I have a little bit more idea what to expect.  Last year’s class was a fantastic group who did some truly inspirational work.  Therefore, my expectations are very high.  I’m looking forward to equally great things from this year’s group, possibly even greater.  Go on, challenge yourselves!

The design of the course is substantially the same as it was last year, but there are some modifications.  The first few weeks are more structured, with fewer guest speakers and more lectures and activities that I planned.  In the later weeks we have many really amazing guest speakers, a panel, a field trip to Kamloops Innovation Centre, and plenty of time built in for teams to work on their LawHacks projects.  The idea is that in the first part of the semester students will get a solid understanding, from the lectures, readings and class activities, of the themes we are covering, and in the later part of the semester the group will be very well equipped to engage with the wonderful leaders and thinkers who are joining us as guests.

Of course I can’t end a post about transitions without mentioning the central focus of this course, the Big Transition: what’s happening to the profession itself.

Richard and Daniel Susskind, the authors of one of our course books (The Future of the Professions), say that the legal world “will change more radically over the next two decades than over the last two centuries” and the legal profession is “on the brink of unprecedented upheaval” (pp. 66-67, internal citations omitted).

Jordan Furlong, writing in the Canadian Bar Association Legal Futures Initiative publication Do Law Differently: Futures for Young Lawyers – another of our course texts – says “[a]lmost everything about career choices and employment options for new lawyers is in flux,” and that the generation of lawyers entering practice now “has both an obligation and an opportunity that its predecessors never experienced.”

David Scott, the co-chair of Borden Ladner Gervais, has said that the lack of access to justice for ordinary people is the legal profession’s equivalent of global warming.

These are the big, systemic transitions that we are going to learn, think and share ideas about in the course.  I hope that the discussion will carry on outside class – and will engage the wider community.  That’s what the blog is for, and I’m really excited to read posts and comments by our new class of L21C partners, as well as everyone else who wants to join the conversation.

This time of year people often say that September, not January is the real new year.  It’s a time of transitions.  Here we go!