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.