Since 2001, the ABA Legal Technology Survey Report has polled lawyers for their opinions about the legal technology options available to them. The Survey focuses on issues relating to technology use, not issues using specific products. One of the areas the Survey investigates is access to and attitudes toward training for the technology lawyers are using in their practice.
The 2024 Survey questioned attorneys across the spectrum of law firm sizes, as follows:
The average respondent had been a member of the bar 30 years and was 58 years old.
Overall, respondents were 69% male and 30% female. However, the gender gap varies greatly with the age of the respondents. Among respondents admitted to the bar less than 10 years, 52% of respondents were male and 45% female; while for respondents 60 years old and older, 79% of respondents were male 20% female.
The spectrum of technology available for lawyers’ practices expands every year. This includes:
Used effectively, technology can help lawyers provide better client service through the increased efficiencies of cost and time savings.
Eighty-Nine percent of respondents reported feeling comfortable (57% very comfortable; 32% somewhat comfortable) using their firm’s available technology.
Respondents from firms of 100 or more (62%) and firms of 2-9 (61%) were much more likely to report being very comfortable using their firm’s technology than solo respondents (55%) and those from firms of 10-49 attorneys (50%).
Comfort also seems to come with age. Respondents age 40-49 are most likely to feel very comfortable (70%), compared to just 44% of respondents under age 40.
Nearly half of all respondents (47%) indicated that technology-related problems sometimes have a negative impact their productivity.
Among the different firm sizes, the largest percentage who indicate that technology-related problems “often” or “sometimes” negatively impact their productivity are firms of 10-49 attorneys (56%), followed by firms of 100 or more attorneys (55%), solo attorneys (50%), and firms of 2-9 attorneys (47%).
Forty-five percent of respondents indicated that they turn first to internal technical support staff when they have a problem with their firm’s technology. As one might expect, there is a huge disparity here dependent on firm size. The larger the firm, the more likely a respondent was to respond that they turn first to internal technical support.
Ninety-six percent of firms of 100 or more attorneys and 56% from firms of 10-49 attorneys report that they turn first to internal technical support staff. Conversely, only 4% of solo attorneys and 25% from firms of 2-9 attorneys responded this way.
Solo attorney respondents were most likely (28%) to report first turning to Google or some other non-legal specific online resource when there is a problem with their firm’s technology. As expected, respondents from firms of 100 or more attorneys were least likely (4%) to report doing so.
The prevalence of technology-related issues points to the importance of technology training for lawyers. Luckily, the lawyers themselves recognize this.
An overwhelming majority of respondents agreed that it was important to receive training on their firm’s technology – with 41% responding Very Important and 39% responding Somewhat Important.
The perception of receiving training on their firms’ technology as being Very Important directly correlated to firm size. Fifty-four percent of respondent from firms with 100 or more attorneys reported that it was Very Important, followed by 41% from firms of 10-49 attorneys, 39% from firms of 2-9 attorneys, and 33% of solo attorneys.
The perception of receiving training on their firms’ technology as being Somewhat Important did not directly correlate to firm size. Forty-four percent each of respondents from firms of 10-49 attorneys and solo firms reported that receiving training was Somewhat Important, followed by 39% of respondents from firms of 100 or more attorneys, and 35% of respondents from firms with 2-9 attorneys.
The availability of technology training availability varies widely based on firm size. Sixty-seven percent of all respondents report having some type of training available at their firm. This represents an increase over last year (62%) but a decrease when compared to the year before that (75% in 2022).
As expected, attorneys at larger firms are much more likely to have access to formal technology training. Ninety-six percent of respondents from firms of 100 or more attorneys, and 86% from firms of 10-49 reported having training available at their firms. Solos (31%) and respondents from firms of 2-9 attorneys (53%) were much less likely to.
Overall, most respondents (32%) reported that they first turned to Google or another non-legal specific online resource when they need or want to learn about legal/work-related technology. This is especially true of solo respondents, 50% of whom reported doing so. Conversely, only 16% of respondents from firms of 100 or more attorneys reported turning to Google first.
This is followed closely by respondents who reported first turning to their IT departments for information (29%). This result is a bit skewed by the 62% of respondents from firms of 100 or more attorneys who responded this way versus the 6% of solos who did.
Four percent of respondents first turn to a bar association when they need or want to learn about legal/work-related technology. Eight percent of solo respondents first turn to a bar association, followed by 4% from firms of 2-9 attorneys, 2% from firms of 10-49, and 1% from firms of 100 or more attorneys.
Not surprisingly, solo attorneys and respondents from firms of 2-9 attorneys are more likely (14% and 13%, respectively) to first turn to vendors/manufacturers when they need or want to learn about legal/work-related technology than the overall average (10%). Respondents from firms of 10-49 attorneys and firms of more than 100 attorneys are less likely than the overall average to do so (7% and 3%, respectively).
Fewer respondents report first turning to a bar associations when they need or want to learn about legal/work-related technology. Overall, only 4% of respondents reported doing so. This is a significant decrease from previous surveys (7% in 2022 and 2023, and 9% in 2021). As expected, solo respondents were most likely to report doing so (8%) and respondents from firms of 100 or more attorneys were least likely to do so (1%).
When asked if they “have received adequate training on [their] firm’s technology,” 49% Agreed. Not surprisingly, respondents from firms of 100 or more attorneys were most likely to respond this way (60%); followed by 54% from firms of 10-49, 46% from firms of 2-9, and 38% of solo attorneys.
Only 22% of respondents Strongly Agreed with that statement. Surprisingly, it was respondents from firms of 2-9 attorneys (25%) who were most likely to respond this way; followed by 24% from firms of 100 or more attorneys, 21% from solo firms, and 15% from firms of 10-49 attorneys.
Twenty-one percent neither agree nor disagree, 6% disagree, and 1% strongly disagrees.
Respondents were asked how important it is to them to receive training/education on emerging technology (e.g. blockchain, AI). Overall, 28% of respondents indicate that receiving training/education on emerging technology is very important. This represents a slight increase over the previous year, and continues the upward trend of recent years (25% in 2023, 19% in 2022, and 21% in 2021). Forty-five percent report training/education on emerging technology is somewhat important (compared with 43% in 2023, 47% in 2022, and 44% in 2021). Fifteen percent reported it was neither important nor unimportant; 8% reported that it is not very important, and 4% indicated it being not at all important.
The majority of attorneys (71%) understand that they are “required to stay abreast of the benefits and risks of technology as part of their basic competency requirement under your jurisdiction’s enactment of the rules of professional conduct?” This represents a slight decrease in recognition from 2023 (72%), but an increase from 2022 and 2021 (68%).
This requirement is tied the ABA’s 2012 adoption of Comment 8 to Rule 1.1 of the Model Rules of Professional Conduct that states:
To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.
Over the course of the ensuing dozen years, 40 states (80%) have adopted some form of this rule as part of their Rules of Professional Conduct. No state-by-state breakdown of responses is available to explain whether the disparity in affirmative responses (vs. percentage of states that have such a requirement) is a true reflection of the responding attorneys’ ethical duty or shows an ignorance of rules that govern them.
The days when lawyers could avoid using technology in their practices are far in the past. It can no longer be reasonably argued that a lawyer can provide efficient representation to their clients without utilizing technology tools. Using that technology effectively is equally as important.
Thankfully, the majority of attorneys (71%) understand that they are “required to stay abreast of the benefits and risks of technology as part of their basic competency requirement under your jurisdiction’s enactment of the rules of professional conduct,” and appear to be doing so – as more than two-thirds (67%) of respondents indicated they are getting such training.
Overall, survey responses do uncover some areas for improvement:
