Here are some interesting bits and pieces for L21C partners.
This blog post by Mark Cohen makes a distinction between legal practice and legal delivery. Cohen says the practice of law (what lawyers actually do) hasn’t changed that much, but the way legal services are delivered is changing profoundly:
The traditional law firm structure, designed for profit-per-partner but not conducive to competitive pricing for such repetitive work, has fueled the growth of “alternative providers”. Many of those service providers perform legal functions but operate from a corporate rather than a partnership model. Plus, service providers can-and do-often engage in inter-disciplinary practice with technologists, engineers, accountants, and project managers working side-by-side with lawyers. My take: this is the present mimicking the future.
I’ve never really thought about this distinction before, but it makes a lot of sense to me.
The observation has implications for legal education, too. Cohen argues that law schools are good at preparing law students for the practice of law in the sense that they provide the basic skills a lawyer needs to do legal work. But:
The bad news is that most law schools, like practicing lawyers, do not seem to appreciate the difference between the practice of law and the delivery of legal services. And that distinction is crucially important to legal education because it affects curriculum and the preparedness (vel non) of graduates to enter a new and different legal marketplace. Law schools continue to prepare students for the traditional law firm model-one with high salaries to help defray education costs and partnership opportunities that have all but vanished– that is rapidly being replaced.
Cohen says that law schools “must be more sensitive to the changes in legal delivery and skills students must have to avail themselves of marketplace opportunities.” I’m convinced! It is a real challenge for law schools, because we’re (reasonably) good at doing what we’ve always done, and finding a way to rise to these new challenges is a lot harder, but I think essential.
One more thing: check out the twitter hashtag #cbaleadership15. Lots of great stuff here! For example: “This is the best time to practice the law, but only if you’re open to these new innovative opportunities.” Congratulations – you are entering the profession at the best time to practice the law! Even if it is a bit scary.
2 Comments
I really like this distinction. It’s a very positive way to look at how the legal practice is changing. As a comparison, I enjoy the flexibility on how filing your taxes is done. I can sit at home go through all my forms and then submit it online to the CRA, and then a few weeks later my return is deposited into my bank account. As a busy person this provides me with flexibility. Plus I don’t have to find an envelope and stamp, and I don’t have to go to the bank to deposit a cheque. Really a win-win. The CRA and accounting firms have found a way to deliver their services in a way that meets clients demands. The basic task isn’t changing but how it is delivered to the client needs to change to meet with society’s shifting norms.
I agree with you, Olivia and Katie. Understanding that it is not so much the practice but the delivery changes the perspective. I think that for many lawyers, the delivery traditionally employed is understood and well-known, making any change daunting. As law students, I think that sometimes we become enveloped in the traditional model and that may largely be due to the financial pressures from student loans for school. But I think that for those willing to take the plunge and embrace a new perspective, it will be possible to make a living while helping those access affordable legal services.
Providing new methods for delivering the service will not only provide greater access but I think will also bring an interesting new challenge to the profession. As young lawyers, we are able to bring a fresh perspective, one not so driven by partner profit shares but one that understands the increasing gap in legal service availability, should we choose to embrace the change.