Susskind: Are Lawyers Becoming Obsolete?

Law Practice
Posted Oct 23, 2007, 01:40 pm CDT By Martha Neil
A well-known lawyer and information technology expert is publishing a sequel to his decade-old book, The Future of Law, and the future he now foresees for many traditional attorneys isn't a bright one.
"Richard Susskind argues that that lawyers and the legal profession in their present shape face extinction—or at least are 'on the brink of fundamental transformation,' " reports the London Times.
Information technology and outsourcing of specific portions of what used to be a lawyer's job are eroding and will eventually eliminate the practice of law as we now know it, Susskind predicts. Thus clients, he contends, are increasingly unwilling to pay expensive lawyers for advice, research and drafting that “smart systems and processes” can do better.
But even though Susskind's new book, in draft form, is being published online by the London Times in six weekly excerpts (here is the first), it's not too late for those who disagree to have their say.
He is inviting online comments on his work so far, and intends to incorporate them in the final version of the book. It will be published next year by Oxford University Press, the newspaper reports.
“The challenge I lay down is for lawyers to ask themselves, with hands on hearts, what elements of their workload could be undertaken differently—more quickly, cheaply, efficiently or to a higher quality—using different methods of working,” says Susskind. In other words, as the Times puts it, "what are the core indispensable legal skills lawyers have and what can be replaced by less costly workers supported by technology or by lay people armed with online self-help tools?"

One Response to “The End of Lawyers?”
Alonso Sarmiento LLamosas Says: November 15th, 2007 at 6:26 pm
Ladies and Gentlemen:
Certainly some practices of the legal profession may be disappearing while technology is replacing mechanisms and procedures, but the spirit and rationale of the legal profession is more alive than ever and is constantly renewed and also dinamic and grows to apace. The complexity that has reached the modern society requires rely increasingly in specialists in the law and go to them with increasing frequency. Meanwhile, lawyers we can be grateful for the technology that provides us with a growing capacity an increasing ability to act, a wealth of information and networking with almost all parts of the world in real time. I doubt therefore that our profession is coming to an end. On the contrary, I think that we are reaching a point where our involvement is indispensable. Since ancient times, in all cultures, there has been a counselor, an advocate, a prosecutor and a judge. After thousands of years, these characters still exist in many forms and will continue continue to exist forever. (Sarmiento & Du-Pont Law Office in Perú)


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Posted by Ronald Burdge - 8 months, 4 weeks, 4 hours, 34 minutes ago
Lawyers could certainly learn a thing or two from more efficient business operations, as long as we bear in mind that we are first a profession and that makes our business model fundamentally different from Macy’s and McDonalds. But that probably won’t happen until big corporations (who are the ones paying the bulk of legal fees to the profession) realize that they shouldn’t pay so much for legal services (just looking at the huge percentage that have cut outside legal services and you see that may be starting to happen). As that happens more and more, lawyers will realize that they can’t keep increasing their billings forever (the profession hasn’t awoken to that one yet). Lawyers need to take a serious look at their business model and find a way of giving better quality service at lower cost or the consumers of that service will do it for them.
Posted by Tom DeCaro - 8 months, 4 weeks, 3 hours, 34 minutes ago
Perhaps we could standardize every transaction. This would go along way towards reducing or eliminating lawyers. While we are at it, we could standardize every human interaction. That would eliminate lawyers completely. For example a husband and wife, if they are involved in interaction 3.2 would be entitled to select transaction 5.3, 7.4 or 10 .7 to resolve their marital difficulties. Short of this, lawyers in some form or another are here to stay. The distinguished colleague who insists on writing everything out longhand and handing it over to someone else for typing and endless revision could completely change his thought process and his method of operation which has served him so well over the years because the noise machine insists on more efficiency. Bottom line, if lawyers are obsolete that means humanity is following a very close second into the obsolescence limbo.
Posted by anonymous - 8 months, 4 weeks, 3 hours, 28 minutes ago
Profession is being destroyed by the unmanageable spider web of unclear, voluminous and frequently contradictory rules of the courts and the court system. Since the courts are a monopoly, there is no incentive to make them customer-friendly. Immense inefficiency in the system makes every litigant and every client a victim and prisoner. I know many people who just surrender their rights to defend a claim or prosecute a claim due to the destruction of their freedom, their time and their wealth. Generally, only large corporations can afford to enforce their rights. A single case could sink an individual or small business. Solution - courts, law firms and legal service providers must allow free competition to do its job instead of hiding behind monopoly power. Start by eliminating restrictions on advertising. Completely destructive and unnecessary. Founded on sound principles but it merely acts to protect valuable information that potential clients can use to make buying decisions. When your competition is advertising prices based on value to the client, many may rethink their billable hour method of valuing their services. Invasive, burdensome, outrageously expensive discovery turns most cases into a nightmare for clients. Someone should analyze the cost-benefit here and determine whether billions of dollars translates to valued results for clients as a whole.
Posted by carter - 8 months, 4 weeks, 3 hours ago
Anonymous,
Good to hear from someone else who advocates liberty. To your comment I would add that the monopoly state bar associations and licensing requirements should be terminated.
Posted by Richard Barron - 8 months, 4 weeks, 2 hours, 44 minutes ago
In my opinion lawyers can quite often better utilize their analytical and advocacy skills for their clients in the context of mediation, a seemingly difficult paradigm shift for many attorneys. This reluctance is explained, in part, by the fact that while mediation normally reduces dispute resolution costs for the client, it normally reduces billable hours for legal counsel. It seems important, thus, to reflect upon the long term benefit to both the public and the profession of clients who see us as professionals who are able to resolve their disputes in a prompt, humane and economical manner. This, alas, is not the prevailing current view.
Posted by Mike Mills - 8 months, 4 weeks, 2 hours, 41 minutes ago
What is the practice of law?? Things lawyers used to do decades ago have been taken over by specialized (and probably more efficient entities, such as title insurance compoanies, tax preparers, insurance adjusters, paralegals, etc) So what is the practice of law? I submit that the trend of non-lawyers taking over the tasks that lawyers traditioally did secades ago will probably continue,. Does that make lawyers obsolete?? I submit that some of the things that lawyers do will become obsolete, and the “practive of law” will become more sharply defined.
Posted by Richard Morley Barron - 8 months, 4 weeks, 2 hours, 39 minutes ago
n my opinion lawyers can quite often better utilize their analytical and advocacy skills for their clients in the context of mediation, a seemingly difficult paradigm shift for many attorneys. This reluctance is explained, in part, by the fact that while mediation normally reduces dispute resolution costs for the client, it normally reduces billable hours for legal counsel. It seems important, thus, to reflect upon the long term benefit to both the public and the profession of clients who see us as professionals who are able to resolve their disputes in a prompt, humane and economical manner. This, alas, is not the prevailing current view.
Posted by Overworked Lawyer - 8 months, 4 weeks, 1 hour, 17 minutes ago
The legal system is designed to provide every protection to someone who could be put to death or someone trying to recover billions in damages. Then, when some client wants to fight tooth and nail “for the principle of it” there are way too many and too expensive tools with which to fight.
The solution is harsh but fair. Almost every dispute with less than 100k in assets should have a mandatory exchange of court ordered discovery, a 1 hour mediation, a 1 hour summary trial before a judge, and a discretionary only appeal. Lawyers would still fight, but the fight could only go 3 rounds.
However, the screaming and moaning over taking away the right to jury trial, the unfairness of it all, etc. will prevent it. For the party in a fight, its the most important thing in the world to them and they just won’t let it go easy. Look at the judge with the million dollar pants. Judge Judy should have taken care of that case in 5 minutes. As it is, everyone outside of the system wants tit cheaper and more efficient. The parties in the system (or at least one of them) just wants to win.
Posted by Page - 8 months, 4 weeks, 38 minutes ago
The suggestion that lawyers are becoming obsolete is ridiculous. For thousands of years, lawyers have been the keepers of the law, and advocates of people who need someone to speak for them, whether in court, negotiations, contracts, or otherwise. While the laws change, technology changes, and the tools we have to work with change, but the basic premise of the practice of law remains the same… People in difficult situations will always want the sage advice of a counselor that they trust, and value the ability of that counselor to help them put their case in the best light possible.
Posted by Jim - 8 months, 4 weeks, 31 minutes ago
Having seen a number of “do-it-yourself” legal documents that lay people have used without any understanding of the content or meaning being conveyed by the document, I am quite certain that the demand for lawyers will remain strong, either to do the job right from the beginning or to sort out the mess created by “do-it-yourselfers.”
Posted by Andy the Lawyer - 8 months, 4 weeks, 4 minutes ago
If Mr. Susskind wants to prove the courage of his convictions, he should pledge that the next time he’s indicted or sued, he will hire a layman with a computer and Internet access to defend him.
Posted by new york 2L - 8 months, 3 weeks, 6 days, 20 hours, 58 minutes ago
I guess the same can be said of most professions - do we really need general internists as doctors - can’t we just go to the myriad medical websites and put in symptoms to get a diagnosis. Yet the doctors are still around.
Posted by Tax Esq - 8 months, 3 weeks, 6 days, 20 hours, 22 minutes ago
Kudos, Tom Decaro, for your insightful post. Couldn’t have said it better myself!
Posted by Pete - 8 months, 3 weeks, 6 days, 20 hours, 15 minutes ago
As a dirt lawyer, I don’t see how I’m going to be replaced. A title company will never opine on the effect of encumbrances upon the title. As commercial lenders become more sophisticated, as commercial loan documents become longer, who is going to understand them other than an experienced dirt lawyer.
Posted by Martin Perlberger - 8 months, 3 weeks, 6 days, 17 hours, 50 minutes ago
It is good lawyers who will never become obsolete as long as the society is free and open. The others have been obsolete for centuries.
Posted by Irwin ironstone - 8 months, 3 weeks, 2 days, 19 hours, 21 minutes ago
Law has already changed. However, it will continue to change and hopefully, allow middle class individuals to afford legal services. One step in that direction is online law schools. these, eventually, will be allowed and reduce the debt associated with going to law school full time. Many other technical innovations will also reduce costs. video conferencing will help to eliminate travel time and the associated costs when arguing motions. The issue of UPL cannot be applied to internet practice when there is limited jurisdiction. the result will be that lawyers in ohter countries will be used to draft papers at far less than American lawyers currently charge. We speak of a civil Gideon, and justice in this country - but in reality both are lacking.
Posted by sounder rajan - 8 months, 3 weeks, 1 day, 23 hours, 34 minutes ago
Liigation lawyers can never become extinct.As long as advocacy skills and court craf are there it gives the winning edge. In a free Society the Profession has to stay despite -Out Sorucing” which can only be back office maneouveres.