Legal Technology, Nailing Jell-O to the Wall, and Lawyer Luddites

Technology has become an integral part of modern legal practice, offering numerous benefits and opportunities for lawyers to enhance their efficiency, communication, and client service. Technology is often baffling to lawyers, many of whom did not grow up exposed to the kinds of computing technology we have today. Even those of us who grew up with computers, high speed internet connections, and Facebook still find it difficult to keep up with the ever-changing technological landscape.

 A great deal must be learned—by all of us.

But we can all learn more, and the term “technology” is limiting because it is such a vast area that no one could understand all of it. We are all trying to “nail Jell-o to the wall,” as the saying goes. It means we must continue to work to learn as much as we can so that we can continue (or become in some instances) to be technologically competent.

Some may feel this is a lost cause. If you want to continue as a lawyer, you cannot think that way. You must embrace technology, or you will be a Luddite.

Opportunities exist for lawyers who embrace technology, learn about it, and utilize it in their practices. I firmly believe this, and it is what I’m trying to do as well. It is the central practice management issue of our time.

 As legal professionals embrace these advancements, it is crucial to maintain ethical underpinnings and uphold professional responsibilities. In this blog post, I  will explore the ethical considerations of technology in legal practice, the importance of technological competence, current trends in legal technology, and various aspects of technology that can enhance legal workflows.

 Ethical Underpinnings of Legal Technology:

Duty of Competence: Technological competence is now an essential aspect of competence as a lawyer. Understanding the technological tools relevant to one's practice area and maintaining proficiency is crucial for providing competent legal representation.

Duty of Confidentiality and Attorney-Client Privilege: Technology poses unique challenges to maintaining client confidentiality. Lawyers must utilize secure communication channels and employ encryption, two-factor authentication, and virtual private networks (VPNs) to protect sensitive client information. A blurb at the bottom of an email with statutes people don’t understand or even read is not sufficient.

Communication with Clients: Technology enables efficient and timely communication with clients. However, lawyers must ensure that client communications are secure and protected from unauthorized access.

Importance of Technological Competence and Keeping Up with Technology:

Technological competence is not only necessary for effective legal practice but also a professional obligation. Lawyers should continually educate themselves about relevant technologies and stay updated with emerging tools and trends.

Utilizing technology in legal practice can significantly improve efficiency, streamline processes, and enhance client service. However, it is important not to view technology as a panacea but rather as a tool that needs to be employed judiciously and ethically.

Law Schools and Technological Training:

Most law schools recognize the importance of technological competence and are integrating technology-focused courses into their curriculum. Examples include courses like "Law and Technology" at UVA, "Law and Entrepreneurship" at Duke, "Technology and Legal Innovation" at Vanderbilt, and "Technology in the Law Office" at Wake Forest.

Current Trends in Legal Technology:

Cloud Computing: Cloud-based solutions offer secure storage, easy access, and collaboration for legal professionals. They enable lawyers to store and find documents, maintain client confidentiality, and manage calendars efficiently. They are not perfect, and they must be combined with other technologies and cybersecurity processes.

Practice Software: Dedicated practice management software like Clio, TABS, Salesforce, and Microsoft Word products provide comprehensive solutions for document management, client communication, billing, trust account management, and more.

Practice software must make documents secure, findable, and clearly organized. This means it needs to be straightforward, and files (and their folders) must be named clearly and with the goal of clarity and findability behind them. Likewise, once created, lawyers and others must be told which files are created, what is in the files, and where they are located.

 Let me give you a ridiculous example of poor naming conventions. I won’t say where this was or where I heard it, but once a discovery file was named “Folder XYZ.” That was really its name. And all of the discovery documents (interrogatories, requests for production of documents, and requests for admission) were there, in a Word folder. Because of course it would be in Folder XYZ...duh. Come on! 

Can you imagine that? It's true. I promise that I’m not making it up.

Artificial Intelligence Systems: AI-powered legal research tools like Westlaw, Lexis, and Findlaw enable lawyers to conduct thorough research, analyze large volumes of data, and gain insights more efficiently. AI has been in use for quite a long time, but we are hearing more about it due to the ChatGPT. Yes, it can write, but it is clunky (for now). It can help produce a workable first draft, which can streamline the process. It will allow lawyers to do more work, in my opinion, but it will NOT do the work for them. Ethically and legally, it can’t. We all remember the lawyer in New York, who used AI to write his brief. The AI cited cases that didn’t exist.  

Mobile Lawyering and Remote Work: Technology empowers lawyers to work remotely, access case files, communicate with clients, and attend virtual court proceedings from anywhere, enhancing flexibility and work-life balance. But…cell phones contain loads of data—client data—and are often filled with lots of personal data as well. iPhones tend to be more secure whereas other kinds of phones are not.

Cybersecurity and Information Security: Lawyers must prioritize cybersecurity measures such as encryption, two-factor authentication, VPNs, and secure data storage to protect sensitive client information from unauthorized access. This is not enough. There must be procedures in place. Procedures are essential as technology always changes. People are the biggest threat as 91% of all cyberattacks come from clicking on phishing emails.

Conclusion:

As technology continues to advance, it transforms the legal profession in significant ways. Legal professionals have a duty to embrace technological competence, understand ethical obligations, and utilize technology responsibly. By staying informed about current trends, leveraging practice software, conducting efficient legal research, adopting secure communication methods, and safeguarding client confidentiality, lawyers can enhance their workflows and provide better service to their clients. The integration of technology in legal practice must always be balanced with the preservation of ethical values and the protection of client interests.