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Posts Tagged ‘competition’

Imagine when all the Saas and Iaas and Paas needed to practice law are free or almost free.  Aren’t we almost there already??  As a lawyer you no longer need to memorize anything or keep a KM database at your firm.  It’s all available for free or at a minimal cost in the cloud and on your mobile device. Legislation has inflated such that we all consult our mobile devices on every action we take.  Is that legal? Is this legal?  But clients will still need professional legal assistance in resolving disputes, managing contractual relationships, transactions, etc., and navigating all the new laws.  Imagine also the global harmonization of laws and the inevitable competition of lawyers on a global scale.

What then?  What will you do? How will you compete?

Two extreme scenarios could run parallel.

  1. Massive global law firms (GLFs) assisting large corporations and governments will consolidate into proprietary “elite silos” numbering 10,000s of lawyers.  They will be distributed, but centrally controlled, and highly political.  Compensation will be astronomical and highly competitive.
  2. Many solo and small firms (SSFs), in the 100,000s of lawyers, will organize by necessity into “public law firms”: vast, open networks without borders and without jurisdiction.  PLFs will be completely dynamic in size and direction. They are decentralized except that some may share infrastructure and platforms. The members come and go as they please.  PLF members work the hours they want to, from any location and their only limitations on choice of practice coming from peer reviews. PLFs are intimate networks in which members must earn and build trust to be selected to participate in publicly announced projects.  Anyone can announce a project and build a team, from which professional project and team leaders will evolve.  Earning is varied depending upon who wants to play with you and the market value of your contribution.

I’ve only touched upon the infinite variables of a Public Law Firm as an idea.  What do you imagine your future as a lawyer will look like?

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Are you going to sit idly while the waters of commoditization rise? Will you passively observe while outsourcing and technology take over your routine legal work and make you obsolete?

I suppose you could.

After all, there is an undeniably numbing comfort in doing nothing in a crisis and just watching it happen.  You would not be alone: some soldiers in the massive battles of WWII were often so numbed by the cacophony  that they just stood there; not shooting or even trying to protect themselves from harm.  The only way to get these emotionally and mentally “frozen” soldiers to act was to arouse them to the awareness that they were letting their brothers die.

Will you let your colleagues down or would you protect them?

Maybe you perceive that it would be better for you if more lawyers did “die. Cynically, it would take care of the accelerating competition.  I invite you to use your hard-earned logic and deduce the inevitable outcome of a profession in which it becomes all against all. As in chess, there is only one outcome from that move – game over!  We all lose.

How did we become so deluded, so lost in a fog of lies to believe that our own best interest was to destroy the opposition at all costs?

In fact, not theory, I propose a more hopeful, rewarding and financially successful alternative:  a legal community (OBA) wherein we share resources, support each other to succeed, play nice and collaborate.  Most lawyers belong to one or more voluntary bars designed around a particular practice like employment law.  Increasingly, these niche bars are exclusively either for defense counsel or plaintiff’s lawyers.  In these bars you will see legal communities of extraordinary collaboration, support and sharing of resources.  In one bar organization that I belonged to briefly, the lawyers, joined by a shared emotional cause, volunteered to take each other’s depositions and motion hearings throughout the entire country.

Question is can this camaraderie exist across all borders and practices? Can it include non-lawyers supporting the profession?   If only to survive and prosper in law, I propose you’re going to have to. There are hundreds of books clamoring about how business is changing towards just this type of organizations.   We are not immune from this evolution.

OBA is designed as such a legal community.  It’s a “community based knowledge ecosystem” where in participants share knowledge and experience.  Richard Susskind’s takes this topic on in his Chapter 4.7 in The End of Lawyers?  Richard predicts only in house lawyers can collaborate in legal communities.  He goes on to say that “….bearing in mind the current business models of law firms and the intense competition between them, they would not be incentivized to collaborate with one another….around the world”.  In the case of elite and large firms (ELFs), I agree, but not with Small and Solo Firms (SSF).  Why? SSFs have more to gain by joining and sharing resources, and more to lose by intense competition.

That being said, OBA is a social organization (technical term for we like to have fun) maximizing technology’s exponential growth for mutual support and success.  Let technology work for us.  The technology that is only now beginning is that of trusted communities of lawyers.  If you’re interested in becoming a part of this growing movement go to www.theonlinebar.com and join OBA.

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