Technology innovations continue to impact the practice of law with increasing effect and frequency. For lawyers, keeping up with these innovations is not only desirable but also part of our ongoing ethical duties. Indeed, more than a dozen years ago, Comment 8 to Model Rule 1.1 was amended to explicitly discuss the need for attorneys to remain trained on technology developments that impact their work. Senior lawyers are sometimes unfairly assumed to be unable or unwilling to adapt to these changes, but there is much that law firms can do to help core members of our teams succeed when it comes to staying abreast of new technologies. Given the immense value that our most experienced lawyers provide and that they are not readily replaceable, we must think about how our firms can especially help these lawyers succeed in this area. Here are a few of our thoughts.
Most lawyers hate change. Disruption and stress are normal with technology changes, but they are particularly unsettling for many attorneys. In addition to the stress of adapting is the uncertainty of displacement. No one wants to be replaced by a machine. Less experienced lawyers used to earn their keep in document review that is now done or aided by computers. News abounds about the opportunities for artificial intelligence to make certain legal work obsolete. When you combine the stress of adapting with the uncertainty of whether your skills will be replaced by technology, conditions are ripe for some of your most experienced legal talent to judge (or misjudge) that it is time to move on.
Does your technology training and ongoing education consider the ways in which many attorneys learn new skills? We all learn differently. Your team members are usually willing to learn but some may need more live (versus online) training and opportunities for follow-up training that reinforce what they have previously learned. Remember also that the benefits of certain innovations are not obvious to the end user. Explain to team members how adoption of new technologies will directly benefit their practice, the functioning of their team and the firm’s bottom line.
Unlike most aspects of the practice of law, when it comes to technology, expertise and age are most often inversely correlated. This is an opportunity for younger attorneys to give back to their older colleagues who have invested in them through informal mentorship concerning the operation of office technology. Everyone benefits. The production of electronic discovery is an excellent example. Not only is electronic discovery fraught with early technology decisions that impact the entire process, but often unless you are experienced in the subject matter it is easy to be unaware of the decisions needed and their options. A younger attorney who understands the processes and options for collecting, reviewing and producing electronic discovery can help a more seasoned lawyer avoid decisions that drive up the cost of discovery clients and lead to ineffective results. Train your younger lawyers to be alert to circumstances when they can assert themselves to help their senior colleagues. Give them the confidence to offer that assistance. By making themselves valuable to more senior attorneys in this way, younger lawyers open doors for opportunities for their own advancement.
Of course, we all have some things to teach each other about technology. Knowing when to use certain technologies is as important as how to use them. Texting is not good for client communication. There is never enough context, and it is not easily stored on firm servers. Yet email is not always the best or most efficient way to communicate either. Many lawyers default to emails without considering whether they are the right tool for the occasion. Some messages should be delivered in person or by telephone, such as when delivering bad news about a case development. Other messages can be delivered in a two-minute phone call rather than an email that takes 10 minutes to write.
Replacing a key staff member is often more difficult and disruptive than replacing an attorney. Your staff are often the individuals most affected by technology changes. The principles that we have discussed—good communication, adaptive training and mentoring—all equally apply to your staff members. Don’t forget them in your planning and training.
Change is never easy but is often necessary. By helping all team members better adapt to technology innovations, we not only set ourselves up to have more productive lawyers and staff, but we also will help avoid the more disruptive changes that come from frustrated and disaffected team members.
