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April 11, 2011
STATE BAR ADOPTS REPORT ON FUTURE OF THE LEGAL
PROFESSION
Law firm practices, training, technology and
work-life balance focus of study
New York State Bar Association President Stephen P. Younger today
released a thought-provoking report addressing the “sea
change” taking place within the profession. The report
offers innovative recommendations on restructuring law firm operations,
implementing new billing practices, improving training of new
lawyers, enhancing work-life balance for attorneys dealing with the 24/7
work environment and using technology to deal with changes in the
profession.
The "Report on the Task Force on the Future of the Legal
Profession” was approved by the Association’s House of
Delegates at its recent meeting in Albany.
“After weathering some of the worst years in recent memory due
to the economic downturn, bar leaders across New York and around the
world are cognizant of the need to change fundamentally the way we as
attorneys do business,” said Younger of New York (Patterson
Belknap Webb & Tyler). “Last June, we began exploring
the future of the practice of law by bringing together some of the
foremost thought leaders in our profession. The Task Force
included managing partners, law school professors and deans, general
counsel, technology experts and work-life balance
consultants.”
Younger added, “I am confident this report will be of
broad interest throughout the legal profession as attorneys grapple with
new challenges in the practice of law that are brought on by a rapidly
changing environment.”
Linda Addison of New York (Fulbright & Jaworski) and T. Andrew
Brown of Rochester (Brown & Hutchinson) co-chaired the Task
Force. It focused on four general topics: law firm structure
(including alternative billing methods); training new lawyers; work-life
balance; and technology.
Law Firm Structure
To stay competitive, law firms should engage in long-term examination
of their structures and should consider expanding their use of
alternative fee arrangements, according to the report.
“Clients are seeking more efficient services, predictable fees,
and increased responsiveness to their needs,” it says.
Developments in technology have created the opportunity to form new
kinds of law firms and legal enterprises. Brick-and-mortar law offices
are competing with small “virtual” firms that exist and work
almost exclusively online. Multi-jurisdictional virtual law firms are
representing clients across a broad range of practice areas, including
transactional services, intellectual property, tax, commercial law,
energy and employment. Compliance with different states’
laws will be an important issue for these entities.
“In the area of billing for legal services, the hourly billing
model has been strongly criticized by clients and commentators, leading
to a shift away from hourly billing to alternative fee arrangements
(AFAs),” the report notes. “The Task Force believes
that AFAs will continue to expand over the course of the next decade, as
a model for compensating lawyers and providing value to
clients.”
Noting that responding to clients’ needs may require new and
different ways to deliver services, the report recommends that the
Association offer continuing legal education programs, publications, and
web-based services to help members provide quality legal services in
ways that maximize value to the consumers of legal services. It also
recommends further exploration of how lawyers can best work with clients
who are able to access an increasing amount of legal information in
print or from online media.
Training New Lawyers
“Increasingly, clients do not want to pay for the work of new
lawyers, many of whom have never interviewed a client or drafted a
contract,” Younger said. “To meet the demands of the
modern client and law firm, new lawyers need to receive more
skills-based training.”
With that in mind, the Task Force recommends rethinking the way that
new lawyers are educated to develop more “practice-ready”
law school graduates.
It also calls for skills-based licensure requirements and urges the
New York State Board of Bar Examiners to re-assess the professional
skills needed to practice law. It notes that law schools already
have done much of the groundwork for developing this assessment
tool.
The Task Force recommends that the State Bar Association examine
potential licensing reforms, such as adoption of the Uniform Bar Exam, a
format that would promote efficiency and reciprocity; sequential
licensing, which would permit limited practice for new attorneys pending
further training and examination; adjusting an applicant’s score
on the bar exam to reflect the successful completion of skills courses;
and permitting licensure after a period of closely supervised public
service work.
Work-Life Balance
Many attorneys, especially those caring for both young children and
aging parents, are seeking a better integration of their work and
personal lives. Mobile devices, such as BlackBerries and cell phones,
create expectations that lawyers are on call around the clock and on
weekends, cutting into their personal lives. Work-life balance is a
gender neutral issue that affects both men and women.
The report says helping employees “detach from office
demands” can reduce stress-related illnesses, burn-out and
workforce attrition. “The benefits are likely to include
enhanced performance and a more satisfying personal life. Law firms
should institute a written policy recognizing the importance of
vacations and make other attorneys within a firm available to handle
client matters while an attorney is on vacation.”
Small and solo firms should notify clients in advance of attorney
vacation schedules and provide names of other attorneys who can handle
issues in their absence.
The report recommends that employers consider policies encouraging
flexible work arrangements and, if possible, paid or unpaid
sabbaticals.
Technology
“Emerging technologies are perhaps the glue that holds together
all of the issues covered in this comprehensive study of the
profession,” noted Younger.
More and more lawyers are using new social media technologies to
connect with clients. Developments such as cloud computing are
changing the technological landscape. The report therefore recommends
that the Association study the ethical and risk management concerns
associated with social networking, third party hosted solutions, virtual
law firms and other new technologies.
In addition, the Task Force suggests that law firms employ
systems-based analyses when considering potential new technologies and
that they invest in increased technology training for their
lawyers.
Finally, it also recommends that the State Bar Association study how
to use its resources to assist smaller firms with technology-related
issues. For example, the Association might develop services that benefit
practitioners for whom individual investment in technological solutions
is not economically feasible.
The report concludes, “As the economy recovers, it is apparent
to many observers that the legal profession will not return to business
as usual. Competition for legal work will be intense. Law
firms that do not understand and address these changes will have
difficulty competing in the emerging marketplace.”
The complete “Report of the Task Force on the Future of the
Legal Profession” can be viewed at www.nysba.org/futurereport.
The 77,000-member New York State Bar Association is the largest
voluntary state bar association in the nation. Its programs and
activities have served the public and improved the justice system since
1876.
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