Front cover
Fuelled by advancing technology, new business models, and altered client expectations, the legal industry faces unprecedented change across its entire value chain. Unfortunately, many legal professionals fear the technology train and the convergence of other fields with law. They see LegalTech, AI, and bots like «lions and tigers and bears oh my.» We (the curators and authors of this book) see opportunity. Although the future may require us to put on «New Suits»—it represents an enormous opportunity for lawyers to reinvent ourselves for our own and our clients’ benefit. Filled with chapters written by experts in the intersection of law, innovation, and technology, this book provides a global perspective on the diverse legal service delivery ecosystem that will be our future. It provides chapter upon chapter (reason upon reason) explaining why lawyers can and should increase their appetite for disruption in the legal world. So, welcome to the jungle and enjoy the ride as we attempt to collaboratively map the uncharted waters of the future legal realm and simultaneously inspire a new future in law.
Praise for «New Suits»
«To lead change, it is critical to engage emotion, find common purpose and build a sense of urgency. With New Suits, two of the brightest, energetic and creative leaders in the world of legal innovation, Guenther Dobrauz and Michele DeStefano, generously provide legal leaders with the frameworks, data and perspectives they need to build the case for change NOW. By engaging a diverse, cutting-edge team of contributors to New Suits, Guenther and Michele practice, too, what they preach—teamwork and a rigorous, interdisciplinary approach to solving problems. I’m now ready for my New Suit!»
«Those of us interested and involved in today’s rapidly changing world of legal services delivery have in recent years had plenty of go-to sources to whet our appetites on the topic. But never before has there been in the «legal world» such an elucidation of the «appetite for disruption» as brought to us by Michele DeStefano and Guenther Dobrauz in their new book. The breadth and depth of the history, in theory and in practice, and the future of legal services transformation one finds in «New Suits» is both welcome and exceptional. It will no doubt be widely referred to by general counsels and outside counsel often and extensively as we all continue this interesting journey into the era of the digital lawyer.»
«Lawyers will likely always be lawyers. But the way they work will change fundamentally—to their own and their clients’ benefit. Also, we expect a fundamental re-definition of what constitutes actual legal and in particular lawyers’ work and what is adjacent and accessory. All of the latter will surely be impacted by technology and other solutions and also the core of our business will face disruption. Michele and Guenther—two recognized legal rebels—have been at the forefront of all of these developments for several years now and have brought together an amazing group of authors to map the current state of the industry and to provide insight into what the future may hold.»
«The «Artist Formerly Known as the Legal Profession» isn’t what it used to be. You think that you know law firms and the challenges that confront lawyers, but you don’t. Legal services providers have spent years resisting change, and now seem determined to pack fifty- or sixty-years of evolution into five. The entire legal services market has been transformed by LegalTech, globalization, and new delivery models—and, until now, there has been no guide to the way that consumers can benefit and providers can profit from the changes. Guenther and Michele have gathered a Who’s Who of thinkers to provide a marvelous range of visions of the way that law is changing. They provide a roadmap for the future of law—if only you’ll follow it.»
«Lawyers have been trained to look backwards, to precedent, to find the solutions to their client’s problems. So it should come as no surprise that the profession is «stuck» when it comes to adapting to technology and the need to understand its transformational impact on the future of legal practice as we know it. This book not only helps the reticent among us better understand why they can no longer stand on the sidelines and hope they finish their careers before being forced to change how they practice, but also gives comfort that client service and satisfaction will improve significantly with its adoption. «New Suits» not only provides the step by step to get to acceptance, adoption and successful implementation of new legal technology, but also helps the reader overcome their fear that the profession’s transformation must be seen in a negative light, rather then a unique opportunity for growth.»
«For a while now, we have been hearing about digitization, disruption and new delivery models in the world of Big Law. «New Suits» both reassures and gives a wake-up call to all of us in the business of providing legal services. Setting out both the opportunities and the threats engendered by the dynamic change in our industry, the book is an invaluable guide to all lawyers and legal business professionals wanting some insight on the challenges facing them in a globalized and accelerating world.»
«This book spells massive opportunity… for all those who get excited about change. Legal disruption isn’t coming, it has already been here for some time. Michele and Guenther provide an extremely well researched and thoughtful analysis of how that disruption is going to play out in the mid to long term. No scare-mongering here, but a really useful early-warning system for those wanting to profit from the innovation and efficiencies that market demand is successfully driving into every corner of the global legal sector.»
«This book comes at a time where we see just the beginning of a transformational change on the legal market. While such transformation is seen as a great opportunity for those participants who endorse change and innovations, others seem to be more frightened by potential disruption of their well-established business models. The structure and comprehensive contributor listing for this book encapsulates many disparate challenges faced by almost all players on the market. The lecture of the book should give good guidance to anyone who is interested in how the legal profession is (finally) modernizing, capitalizing on technology trends and becoming more client-centric.»
«New Suits is signaling something different about the staid legal industry—evidence of a sincere appetite to change and potentially switch paradigms. Congrats to DeStefano and Dobrauz for pulling together an important and original work of applied research.»
«‘Nomen est omen’ if you read the book title of ‘New Suits’. It encourages, allows and requests lawyers at all levels to rethink their former and existing ways of doing business in many areas of law. In the same, it outlines great opportunities to a new breed of experts in our profession. Thanks to the various authors, one gets a good understanding of how massive the impact of technology has become—and is going to be—to the legal services market. And the authors provide a distinct view of how a rather traditional profession will have to transform their business models to comply with the fast changes in the marketplace.»
«New Suits provides an excellent overview of how, over the last few years, the legal ecosystem has become increasingly complex and the emergence of new business models has prevailed. From digitalisation to «moreforless» affecting both in-house legal teams and external law firms, New Suits exemplifies what it takes to become a «Modern Legal Services Business». It encapsulates the future of the legal profession through an ensemble of brilliant authors—an educating and thought-provoking read!»
«The relevance of «New Suits» to considered thought on the state of the legal industry is profound. Other books predict a brave new world for the legal world, but glaringly offer no markers to when or at what scale such evolution will occur. DeStefano and Dobrauz bring clarity and energy to an area that has confounded most academic and business leaders. «New Suits» provides a single source of deep and broad understanding that is actually actionable—and is a must read for anyone who is or will be a leader in the field of law.»
Michele DeStefano & Guenther Dobrauz
New Suits
Appetite for Disruption in the Legal World
Staempfli Verlag
Imprint/Legal notice
Imprint/Legal notice
«Blurred Lines» cover artwork created for «New Suits» by Billy Morrison in Los Angeles in the summer of 2018 and used with kind permission.
Overall cover design by Tom Jermann of t42design/Los Angeles.
Photography (of cover art and portrait of Dr Guenther Dobrauz-Saldapenna)
created by Oliver Nanzig in Zurich 2018 and used with kind permission.
Bibliografische Information der Deutschen Nationalbibliothek
Die Deutsche Nationalbibliothek verzeichnet diese Publikation in der Deutschen Nationalbibliografie;
detaillierte bibliografische Daten sind im Internet über http://dnb.d-nb.de abrufbar.
Alle Rechte vorbehalten, insbesondere das Recht der Vervielfältigung, der Verbreitung und der Übersetzung. Das Werk oder Teile davon dürfen ausser in den gesetzlich vorgesehenen Fällen ohne schriftliche Genehmigung des Verlags weder in irgendeiner Form reproduziert (z.B. fotokopiert) noch elektronisch gespeichert, verarbeitet, vervielfältigt oder verbreitet werden.
© Stämpfli Verlag AG Bern 2019
www.staempfliverlag.com
ISBN 978-3-7272-1035-8 (Print version)
ISBN 978-3-7272-1036-5 (E-Book pdf)
ISBN 978-3-7272-1043-3 (E-Book epub)
Table of Contents
Professor Michele DeStefano and Dr Guenther Dobrauz-Saldapenna
Curators’ Foreword
Peter D Lederer
Prologue
Part 1: Why Do Lawyers Need New Suits?
01 Professor David B Wilkins and Professor María José Esteban Ferrer
Taking the «Alternative» out of Alternative Legal Service Providers
02 Professor Mari Sako
The Changing Role of General Counsel
03 Professor Michele DeStefano
Innovation
04 Professor John Flood
Legal Professionals of the Future
05 Christoph Küng
Legal Marketplaces and Platforms
06 Karl Koller
PropTech
07 Dr Marc O Morant
Gig Economy Lawyers and the Success of Contingent Workforce Models in Law
08 Dr Eva Maria Baumgartner
Virtual Lawyering—Lawyers In The Cloud
09 Michael Grupp and Micha Manuel Bues
The Status Quo in Legal Automation
10 Karl J Paadam and Priit Martinson
e-Government & e-Justice: Digitizations of Registers, IDs and Justice Procedures
11 Dr Christian Öhner and Dr Silke Graf
Lawyer Bots
Part 2: What New Suits Might Lawyers Need for the Future?
12 Dr Guenther Dobrauz-Saldapenna and Corsin Derungs
Innovation, Disruption, or Evolution in the Legal World
13 Dr Matthias Trummer, Dr Ulf Klebeck and Dr Guenther Dobrauz-Saldapenna
Strategic Mapping of the Legal Value Chain
14 Simon Ahammer
Legal Publishers in Times of Digitization of the Legal Market
15 Professor Rolf H Weber
Smart Contracts and What the Blockchain Has Got to Do With It
16 David Fisher and Pierson Grider
The Blockchain in Action in the Legal World
17 Juan Crosby, Mike Rowden, Craig Mckeown and Sebastian Ahrens
eDiscovery
18 David Bundi
RegTech
19 Dr Marcel Lötscher
SupTech
20 Dr Antonios Koumbarakis
Legal Research in the Second Machine Age
21 Luis Ackermann
Artificial Intelligence and Advanced Legal Systems
22 Dr Christian Öhner and Dr Silke Graf
Automated Legal Documents
Part 3: How Will Lawyers Fit into The New Suits of the Future?
23 Maurus Schreyvogel
Fix What Ain’t Broken (Yet)
24 Jordan Urstadt
Law Firm Strategy for Legal Products
25 Dr Silvia Hodges Silverstein and Dr Lena Campagna
Legal Procurement
26 Tom Braegelmann
Restructuring Law and Technology
27 Philipp Rosenauer and Steve Hafner
From Legal Process and Project Management to Managed Legal Services (MLS)
28 Jameson Dempsey, Lauren Mack, & Phil Weiss
Legal Hackers
29 Noah Waisberg and Will Pangborn
New Jobs in an Old Profession
30 Salvatore Iacangelo
The Law Firm of the Future
31 Professor Michele DeStefano
The Secret Sauce to Teaching Collaboration and Leadership to Lawyers
32 Maria Leistner
The Importance of Diversity
Jordan Furlong
Epilogue
Eva A Kaili
Afterword
Appendix
Acknowledgements
List of Abbreviations
Curators and Authors
The appropriate response to new technology is not to angrily retreat into the corner hissing and gnashing your teeth: it’s to ask «Okay, how should we use this?»
* Caveat Magister, Technology and Immediacy at Burning Man (A slightly less than Socratic dialogue), Burning Man (Aug. 18, 2014), https://journal.burningman.org/2014/08/philosophical-center/tenprinciples/technology-and-immediacy-at-burning-man/ (last visited Apr. 30, 2019).
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-Professor Michele DeStefano and Dr Guenther Dobrauz-Saldapenna- |
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Curators’ Foreword |
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Time to Leave Law-Law Land … and Head Back Into the Jungle |
Technological advancements, globalization, and the recent financial crisis have fuelled unprecedented change in the legal industry. Against the backdrop of new business models, altered client expectations, and the fluidity of legal talent, the legal service delivery ecosystem of today and tomorrow is, in some ways, like that of a jungle i.e., difficult to navigate yet vibrant and flourishing. For that reason, we (the co-curators) designed this book to provide an international, multi-cultural map of the legal jungle. By putting together the voices of legal thought-leaders from around the world, this book is intended to display the changes unfolding across the legal marketplace today, varied outlooks on the future of the legal profession, as well as potential methods which law/legal professionals might employ for future success in a changed legal environment. To that end, the book is divided into three parts.
Part 1, Why Do Lawyers Need New Suits?, contains chapters that focus on the changing legal marketplace and its challenges; it provides various authors’ perspectives as to why lawyers need to don New Suits. For example, in chapter 1, Professors David B Wilkins and Maria José Esteban Ferrer demonstrate that what we call alternative legal services today is a misnomer and will be the norm in the legal market tomorrow. To meet clients’ changing expectations, lawyers need New Suits that are customizable and agile and which integrate law into broader business solutions. In chapter 2, Professor Mari Sako makes a parallel point about general counsels. In describing their evolving roles around the globe, Sako explains why general counsels will need to wear New Suits in an even more transient, international, and interwoven marketplace. Professor Michele DeStefano, Professor John Flood, and Karl Koller, in each of their respective chapters (chapter 3, 4, and 6), demonstrate why the wearers of these New Suits will need to hone new mindsets, skillsets, and behaviours to thrive.
In Part 2, What New Suits Might Lawyers Need for the Future?, the focus turns to predictions; herein, the authors attempt to foresee the impact, risks, and opportunities that technological advancements might have on the legal marketplace overall and, more specifically, on the jobs, roles, and careers of lawyers and law/legal professionals. For example, in chapter 12, Dr Guenther Dobrauz-Saldapenna and Corsin Derungs share their predictions of how the law marketplace will need to adapt and evolve to survive. In chapters 15, 16, 21, and 22, the authors focus more specifically on the technology they believe will help create the New Suits lawyers will wear in the future: e.g., blockchain, automated legal documents, and artificial intelligence. In other chapters, authors including David Bundi, Juan Crosby, Mike Rowden, Craig McKeown, and Sebastian Ahrens question and sketch the future needs and roles of legal teams and legal functions and what New Suits will be required as a result.
In Part 3, How Will Lawyers Fit into the New Suits of the Future?, the book turns to chapters that suggest methods and models professionals might leverage to not only meet but to exceed the needs and expectations of the critical stakeholders in the future legal marketplace (e.g., business clients, general counsels, and the public at large). In other words, this part is focused on how lawyers will fit into (or fill in) the New Suits identified by the other parts of the book. This part begins with a chapter by Maurus Schreyvogel (chapter 23). He utilizes the Novartis Journey to describe a model that can be employed by lawyer leaders to drive operational excellence in legal service delivery. Salvatore Icangelo outlines the law firm of the future (chapter 30), Professor Michele DeStefano, provides a methodology to teach leadership, collaboration, and innovation to law/legal professionals (chapter 31) while Maria Leistner, concludes our book fittingly by outlining how the new generations will wear New Suits to make more meaningful contributions to the world of law (chapter 32).
To remain authentic to the voices, cultures, views, and scholarly preferences of the authors, we did not edit these articles as traditional editors might; nor did we weave them together so that they read as one contiguous thread. Instead, each author’s chapter can be read on its own and represents his/her own research, citation style, and view point. We, the co-curators, analogize the compiling of this book to a quilting bee,1 a social gathering of legal thought leaders from around the world who have come together to tell stories about our time now (the dynamic state of the current legal marketplace) and to envision a viable future for the legal profession: a future in which we deliver not only more efficient but more effective and comprehensive services and solutions that help our clients and, at the same time, increase access to justice for all. This book, like a quilt, is designed to commemorate where we have been, where we are headed, and the why and how of both. This is because the future, unlike a jungle, is not formidable. The future is filled with fascinating and unfolding opportunities for the law/legal professionals who rise as leaders to hone and own their New Suits.
1 To understand the heritage of quilts and quilting bees see https://www.wonderopolis.org/wonder/how-do-quilts-tell-stories.
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-Peter D Lederer- |
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Prologue |
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Thoughts on the Past and the Future of the Legal Profession |