I'm becoming more and more aware of how quickly the world is changing. The increasing speed of transformation is astounding, much like how pebbles accelerate when they slide down a hill. According to professor and author Mauro Guillen, disruptions will likely require people starting their professions today to make many professional changes over the course of their work lives. If they wish to continue to be productive over their working years, they will need to learn to adapt to a continuously changing professional environment. Darwin’s evolutionary theory of survival was based upon adaptability rather than raw power.
While not “in your face” like it is now, evolving practices have been noticeable during my 38 years in the law. The economics, technology, and culture have all crept forward. As one small example, the speed of communication and client expectations of their attorneys have turbo-charged from the technological horse and buggy days of the 1980s. Fax machines were bleeding edge then; today they are on the shelf alongside the VHS player. At the rate we’re going, future clients will demand we sync our minds to them, so they can know our thoughts and case developments in real time.
The key to surviving in an environment of hyper-change is anticipation, acceptance, and adaptability. In the 1990s, I converted to an all-digital practice years ahead of most of my peers. While that was revolutionary at the time, it seems relatively quaint considering the radical speed of the world today.
How will AI change family law practice? Will it dramatically alter how family law cases are resolved or simply be a fancy tool to handle them more efficiently? Will judgments be rendered by algorithm? This already seems to be happening in a rudimentary way.
I’ve observed increasing trends in favor of legislative guidelines and formulas. Today, Illinois child support cannot even be calculated without a computer. Both judges and legislatures seem to like the certainty of formulas, and with technology providing the muscle, it’s unlikely it will abate. Not to go all sci-fi, but HAL 9000 (Google it, kids) may be wearing the black dress in the not-too-distant future.
How AI will affect our day-to-day practice is guesswork, but a firm grasp of technology will become as important as knowing how to research the law. Incidentally, will we even research the law? Or will AI become our co-counsel anticipating, sans query, what precedents we need as the case unfolds? I suspect our technological co-counsel will organize our discovery, automatically update our clients, notify co-counsel, produce pleadings and the like; and we will convert into the role of editors. Maybe that’s a good thing—avoiding the ministerial tasks that needlessly increase costs and consumption of attorney time. But maybe not. I think if we lose touch with the humanity of our clients, we will lose our edge. Like a minister or rabbi, can we tend to our flock digitally? I doubt it.
Will a greater dependence on technology and mathematics help our hinder efforts to achieve better results in family court? Will a formulaic approach to justice produce more unhappy litigants or fairer, quicker outcomes? Only time will tell.
Likewise economic disruption seems inevitable. Will technology replace lawyers with paralegal programmers or courthouse kiosks processing divorces? This seems inevitable for simple cases with no children. But what about child custody or complex valuation cases that require analysis and subjective judgment? Those cases require the degree of expertise that only skilled lawyers can provide.
Job security depends upon acquiring a growth mindset and high-level expertise. Professor Carol Dwieck defines growth mindset, “In a growth mindset, people believe that their most basic abilities can be developed through dedication and hard work—brains and talent are just the starting point. This view creates a love of learning and a resilience that is essential for great accomplishment.” Those who have it will thrive. Those without it won’t be able to manage the ongoing changes in the profession. And one’s job will demand lifelong learning and skill development. Those which such a mindset will be rewarded with steady business and remain relevant. Those without it will be looking for new careers.
The ability to navigate in an environment of change and uncertainty will be critical. And being responsive to the marketplace will be as well. Some lawyers consider themselves rocks the market must go around. Or alternatively they are the mountains that clients must visit as part of their pilgrimage. I disagree. It’s not about us, it’s about them. We’re in a service business, like it or not. The market will demand ever increasing levels of service and access. Those who continue to improve their systems and commitment to world class service will undoubtedly stay busy.
According to the Buddha, impermanence and flux are the nature of the world. Change is inevitable and one must become secure in their insecurity. Rather than rejecting it, learn to love it. And according to the great philosopher, Alan Watts, “The only way to make sense out of change is to plunge into it, move with it and join the dance.”
See you on the dance floor
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