The Future of Law (16):  The New Law Masters

 [I wrote last week about open source law. Check out this article on that topic from The Lawyerist  that was posted the same day. Yes, the future of law is already here.]

I Googled “definition of expert” and got this: “a person who has a comprehensive and authoritative knowledge of or skill in a particular area.”

  •  We will still see legal experts in the future, but not as we currently know them.

As we saw earlier in this series, the legal experts of the future will be systems thinkers who can fashion comprehensive, multidisciplinary, mass-appeal, consumer-oriented IT products with legal solutions embedded within them. And, as we saw last time, Law by Algorithm will increasingly provide the “think like a lawyer” artificial intelligence needed to create those products.

On the other hand, in his book Tomorrow’s Lawyers, law futurist Richard Susskind anticipates the ongoing need for lawyers (using human brains, not artificial intelligence) who can fashion legal solutions beyond the “think like a lawyer” work product.

  • Those lawyers will emerge as a new class of legal masters.

Consider this quote from Ken Coleman. host of The Ken Coleman Show and author of One Question, in which Coleman captures the essence of the commoditization we’ve been talking about.

“Society seems to favor mass production from its citizens. We dress alike, behave similarly, and speak with a common vernacular. Thanks to the gifts of the digital age, anyone today can become an ‘expert.’”

In this blog interview with author Daniel Pink — bestselling author of Drive and A Whole New Mind — Coleman and Pink agree that what’s really needed is not expertise but mastery, and share some thoughts about how you get it. Further, check out this blog post on that topic from The Lean Thinker, which ends this way:

“Put another way, the ‘expert’ knows. The ‘master’ knows that there is much to learn.”

Here are this week’s predictions about the new law masters:

  • The legal masters of the future will be valued not as repositories of knowledge, but for their inquiring minds, and especially for the ability to ask important, relevant questions whose answers aren’t already embedded in commoditized legal products.
  • The new legal masters’ key proficiency will lie not in knowing the law (the job of experts), but in knowing how to develop it.
  • The new legal masters will shape the law using innovative new methods not currently part of the law landscape. (What these might be is anybody’s guess.)
  • And the law itself will reward them for this expertise, by continuing to provide plenty of gray areas and unanswered questions, commoditization notwithstanding.

In his book The End of Lawyers?, Richard Susskind notes that disruptive innovation is disruptive to lawyers, not clients. This comment suggests another role for the new legal masters:

  • They will profoundly and skillfully shape the assimilation of disruptive innovation into the law and law practice.
  • For example, they will have the sage ability to understand and guide the law and law practice when the law goes multimedia, as it inevitably will (another topic Richard Susskind takes up in The End of Lawyers?).

As for the latter, just try to imagine what the law will be like when it is detached from its Gutenberg printing press moorings in language and logic.

I can’t either.

Which is precisely why we’ll need the new legal masters to help us out.

The Future of Law (14): The New Legal Experts Cont’d.

In the spirit of the developments we’ve been considering in this series, check out these technological innovations changing trial practice.

The world of commoditized law dispenses legal advice not by lawyers in individual consultations with clients, but instead through IT distribution channels, to a wider market of similarly situated consumers. Legal content is subsumed into the greater context in which the advice is pertinent, so that the consumer (no longer a “client”) gets comprehensive, multidisciplinary advice in one stop shopping, without the need to separately consult a lawyer and other relevant professionals.

The creators of these products must be able to see the entire context in which the legal advice is needed, and then break down the legal aspects into separately implementable steps. In his book Tomorrow’s Lawyers, law futurist Richard Susskind calls this process “decomposing” the law, and provides examples of decomposing litigation and business transactions. The idea is to unbundle the law into its separately applicable components, combine the ones that have similar dynamics, and put them back together into steps that can be taken to completion after collecting relevant data.

Expert lawyers do this already, dispensing advice in the context of one-to-one client relationships. The legal experts of the future will do this on a wider scale, creating more broadly applicable IT products embedded with legal advice.

  • The creators of this new kind of legal advice will be much in demand in the new world of law.
  • The means of entry into the professional will be altered to admit them into practice.
  • As we saw last time, they will follow a career development path not encumbered by the former “training” model which in truth was driven by law firm economics.
  • To help them serve the burgeoning legal commodities market and move more quickly to expert status, legal training in law school and law practice will increasingly promote systems thinking.

As for the law itself:

  • These new experts will have a more direct and substantial impact on shaping the law.
  • They will shape it around from the end-user’s perspective.
  • As a result, the law will be reorganized into practicable modules, replacing historical knowledge/content areas such tort, contracts, real property, etc.

As the future’s expert lawyers conduct their decomposing, embedding, and reorganizing, they will need to deal with an unprecedented challenge:  the sheer bulk of the law. Technology’s speed and storage capacity have resulted in a massive proliferation in the volume and complexity of the law. Although lawyers have access to sophisticated digital repositories of all this law, they typically use analog means to assimilate it.

  • The analog processing of legal developments — i.e., by their assimilation into individual lawyer’s brains via CLE and similar means — is a holdover from the law’s analog past that will end in the future.
  • What will replace it? Law by Algorithm. We’ll look at that next time.

Do these developments signal the end of legal solutions expertly-tailored to individual client needs? The surprising answer is, not at all. In fact, just the opposite:  the law of the future will be more personally-tailored than it is now.

Further, when we agree with Wikipedia co-founder Larry Sanger that the world will still need experts for the foreseeable future, we may actually mean something beyond experts and expertise:  we may be talking instead about a new kind of legal mastery.

  • The future world of law will feature both experts and masters, and we’ll need them both.

We’ll be looking at these issues as well. Stay tuned!