NW Lawyer - February 2013

on their own successfully? It is precise-
ly this dynamic that has led to the rise
in online services such as LegalZoom.
How do we harness this ability of the
consuming public as a way to enhance
the services we provide rather than
view it as an encroachment on our pro-
fession? As I discussed in my column
last month, clients are resorting to a
“Home Depot” mentality of doing it
themselves anyway, so it seems there
is greater strength for the profession
in understanding that fact and work-
ing to determine what portions of our
work can be commoditized through
technology and other means while re-
taining the pieces that are essential to
having representation by a lawyer.

There Is More Control in Letting Go The reality is this: technology and other drivers will continue to move legal work out the side door in response to a public that demands more affordable legal services and a system that is more easily accessed. To me, there is more control in letting go. Letting go, for example, of the pieces that don’t require the training that

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we received in law school.

To (admittedly) oversimplify legal services, think of a grid with four boxes (see illustration above). The top two boxes represent what I believe to be the special training that I received in law school; the bottom two boxes capture the work that can be, and already is being, commoditized. Does it make sense to let go and think of ways to allow the consuming public to access those bottom two boxes more easily and affordably?

What’s at Stake?

The cornerstone of our system is based on the rule of law. As I wrote about in my column in March 2012 (“Lawyer Volunteers: Preserving our Democracy and Enhancing our Profession”), the foundation of our system requires that the judiciary be fair and impartial and free from undue influence by the other branches of government; a fair and impartial judiciary relies on an independent legal profession free of similar pressures from outside influences in order to preserve its independence. That is why lawyers have been given self-regulation independent of the legislative and executive branches. That is why we must preserve the system we have by meeting the needs of the public.

It is imperative that we seize the moment and innovate. While many of these trends and implications are overwhelming, I think this time for our profession presents exciting opportunity. And what excites and motivates lawyers more than a challenging problem? I say, let’s get to solving! NWL