The Growing Influence of Technology in the Legal Industry and the Need for Lawyers to Up-skill -By ATER, Solomon Vendaga

Before now, the legal industry was not affected by technological innovation as many traditional ways of doing things were still efficient. However, with modernization and the growth and increase in demand for fast and quality delivery of services by clients, the use of technologies in the industry is no longer just an option but a necessity for the survival and relevance of every forward-thinking stakeholder in the industry. This means law firms and lawyers will have to start adopting modern solutions and approaches to dealing with or handling their client’s matters. Online research databases have replaced law books and traditional research, virtual contracts have replaced physical copies, and countless other advancement has transformed the legal industry. These modern and evolving solutions help make a law firm’s routine tasks easier and more efficient for everyone. While one may look at the challenges this may pose to the traditional legal practice, the power of change must be addressed as this development is not only apt but timely given the increasing demands for the satisfaction of the consumers of legal services. This is why legal and budding practitioners must be abreast with this reality and gear up to meet the demands of the industry in the present times. This work discussed the impact new technologies have on the legal profession and why budding lawyers must sufficiently build themselves to meet the demands of the day as the pioneering attorneys of tomorrow. The work further looked at the prospects of technological innovations in the legal industry and its challenges and proffered valuable recommendations.

1.0 INTRODUCTION

Technology was envisaged as the most significant and enduring field of the future before now but has today remained one of the most significant breakthroughs in human development. The increasing rate of technological innovations raises many concerns about the space between human interaction and enterprises. There is no area of human endeavor where technological innovations have yet to be used or are in use.

More importantly, the rise of profession-specific technological development, like Legal Technology, Financial Technology, and Insurance Technologies, represents an industry-wide trend in the technology terrain. Today, much technological advancement is specially designed to suit the needs of specific professions. Innovators are attempting to explore their expertise to adapt relevant technological developments and breakthroughs to address a unique need within a particular profession. The legal profession is not an exception.

The increase of legally focused technology has caused many lawyers to reflect on their current level of tech-savvy and consider the improvements in their skill set to the ones that the future advancement might hold. Therefore, this research article interrogates the practice of law in today’s world to see what steps legal professionals can take to measure up to expectations.

2.0. DEFINITION OF SOME SPECIFIC TERMS

This emergence of technology in the legal profession has led to the introduction of specific terms into the legal lexicon. Such terms as a technology law and legal technology will be defined below.

Technology, in simple terms, is the use of scientific knowledge to improve the lives of humans.

Technology Law, on the other hand, is the regulatory framework that guides the production and use of technologies.

Legal technology, also known as Legal Tech, refers to the use of technology and software to provide legal services and support the legal industry. Legal Tech companies are often start-ups founded to disrupt the traditionally conservative legal approaches.

This, therefore, means those sets of technologies that-

1. Eases the practice of law for attorneys and legal professionals, and
2. Enables customers to access legal competence or justice.

3.0. IMPLICATION OF TECHNOLOGY IN THE LEGAL INDUSTRY

1. Online Legal research;software like juddylegal, lawpavalion, legalpedia, etc. have helped lawyers handle their legal research with so much ease that only a few visit physical libraries again. Virtual libraries are built to accommodate this.
2. Virtual Law Firms; Covid 19 has shown us the need to go digital and virtual, and many law firms that adopt legal technologies are now offering virtual legal services to their clients. Distance is not a barrier. Everything is done virtually without any problem.
3. Virtual CourtsProceedings; Online Courts proceedings are gaining more relevance today than the traditional way because of the ease, convenience, and faster mode of handling proceedings.
4. E-filing; Litigants can now file their cases electronically

For example, Lagos State Judiciary has adopted this innovative solution. Paragraphs 6-11 of the Draft Practice Direction for Remote Hearing of Cases in Lagos State Judiciary issued by the Chief Judge on 21st April 2020 offers a detailed step-by-step method of electronic filing of processes. This a good swerve into the lane of technology in legal practice.

5. Effective and Strategic Decision-Making; One of the major changes in the legal sector is leveraging big datato develop data-driven strategies and to ensure more strategic decision-making. This innovation promises numerous benefits in the long run. Legal professionals are now able to analyze vast quantities of legal data, to extract meaningful and valuable information from it.
6. Automation; It is no secret that automation alone has the potential to replace low-skilled legal jobs, such as administrative and secretarial jobs. Automation places around 114,000 jobs in the legal sector, which is 39% of jobs in the sector. However, AIs development could also potentially replace lawyers and other legal professionals as well. As mentioned before, AI judges and robot lawyers might soon become a standard. Still, while some professionals argue about technologies displacing human workers, others argue that technology will create new opportunities as there will be a need for tech experts to operate the new solutions.
7. AI; AI technology has generated much attention across various industries, the legal sector included. Although still in its early stages of development, technology is already being used by numerous law firms. In addition, there is much talk about Ai’s potential and possible uses in the legal sector.

Gathering from the assessment of the companies that use AI in the legal field, current applications of AI appear to fall into six major categories:

1. Due diligence – Litigators perform due diligence with the help of AI tools to uncover background information.

Kira Systems, for example, claims that its system can complete the task up to 40 percent faster when using it for the first time and up to 90 percent for those with more experience..

1. Prediction technology – AI software generates results that forecast litigation outcomes.
2. Legal analytics – Lawyers can use data points from past case law, win/loss rates and a judge’s history to be used for trends and patterns.
3. Document automation – Law firms use software templates to create filled-out documents based on data input which is more efficient and effective.
4. Intellectual property – AI tools help lawyers analyze large IP portfolios and draw insights from the content.
5. Electronic billing – Lawyers’ billable hours are computed automatically

For example, AI judges and legal robots are being planned for the not-so-distant future. However, as mentioned before, AI technology is still being developed. Hence, robot lawyers are still just a theory. However, AI’s machine and deep learning capabilities, as well as its natural language recognition, are already in use today in one way or another. This is why legal practitioners and budding lawyers must take this very seriously.

8. Online Dispute Resolution; Dispute Resolutions processes like Arbitration, Conciliation, and Mediation can be efficiently conducted virtually and with no ease.

4.0. IMPORTANCE OF LEGAL TECHNOLOGIES

1. Efficiency and productivity; Using technological tools will increase productivity and efficiency in the dispensation of legal services. Imagine using a contract drafting template and traditional drafting, which will be faster and increase your chances of meeting up to demands. The latter, of course, will be the best to handle, especially when you have a lot to do.
2. Optimized workflow: Lawyers need to communicate quickly and easily with colleagues and clients, and they also need to work together to complete complex legal work efficiently. Using software to help manage their legal matters can help them build step-by-step processes, create easy-to-use checklists for routine tasks, and stick to critical deadlines.
3. Client satisfaction; the use of legal technologies will significantly increase the satisfaction of consumers of legal services as their demands will be met accordingly.
4. Time Management and Effective Case Management; the use of technologies helps maximize time and improve cases’ effective management. This will further increase access to justice and bury the culture of delayed justice under the traditional system.

5.0. CHALLENGES

• Poverty; is one of the drawbacks to adopting modern solutions brought by legal technologies and skills needed to navigate them in most of our law firms and lawyers. The cost of these technologies is beyond the reach of many, hence, the difficulties in following the trend.
• Poor internet facilitiesare another challenge.
• Inadequate electricity supply; could be better in this part of our world, and it is one of the hindering factors to fully actualizing this trend.
• Cybersecurity threats; these technologies are prone to the threats of cyber-attacks by hungry and restless cybercriminals. This makes the client’s information to be at risk. Securing them takes lots of resources and time to the rampart and keeps them away from these attacks.
• Lack of investment in technology and basic IT skills; most lawyers and budding professionals do not invest in the skills and resources needed to navigate the new version of our practice, which is sharpened by ideals of technology.
• Illiteracy; some lawyers and budding practitioners have yet to understand the changing reality fully. It is believed that some lawyers do not support the adoption of technology due to a lack of understanding of its benefits.

6.0. CONCLUSION

Technology has become today an indispensable tool for enhancing the performance of every career or profession. The legal profession is not left out. Advancement in the invention and usae of technology present a total revolutionary era that should get all industry players to be concerned about it. This work has called on lawyers and aspirants to the bar to up skill and embrace technology for relevance.

7.0. RECOMMENDATIONS

Lawyers and budding lawyers must know that the legal market has changed. The demands of clients can only be handled efficiently and satisfactorily with the use of modern technology. They must, therefore, move towards fine-tuning their legal practice by acquiring the prerequisite skills needed to stay in touch with this changing reality. This means lawyers and budding professionals must be abreast of the happenings of this world to survive the storm that is coming, if not already here.

The 21st Century Lawyer must equip himself with all available knowledge and skills. He must be ready and willing to learn, unlearn and re-learn with so much ease. This is necessary because their Lordships, in the case of FIRST BANK OF NIGERIA PLC V. NAMOL PAVERPAC NIGERIA LTD remind us that:

A Counsel who desires to succeed in Legal Practice must constantly update his knowledge about current legislation, which can only be achieved by hard work and perseverance.

These technologies are still evolving, and many experts have forecasted that there is likely to be a displacement of many jobs. Some of the administrative work we do will be handled by robots. However, AI is in the process, and the looming effect is quite drastic. The good news is that these technologies will only partially replace humans. Of course, humans will handle them, which is why the job of today and the nearer future depends on your acquired skills. We will have job roles like legal technology engineers, legal data scientists, and other vital experts handling legal start-ups.

Our justice system is gradually accommodating the realities of this invention. We now hear of electronic filing, online dispute resolution, and online court proceedings. This must be reciprocated by other jurisdictions that are yet to adapt to the trend. Lawyers, who are still thinking of traditional ways of doing this business, must pause and take a new dimension. As is observed above, the courts, too, are abreast of these changing situations, for instance, in the case of NATIONAL ECONOMIC RESEARCH ASSOCIATES INC. et al. v. EVANS et al., their Lordships ruled that:

 A man who used a Web-based e-mail service to communicate with his lawyer did not forfeit attorney-client privilege in those messages just because they were automatically copied to his company-owned laptop computer when he viewed them.

Our law schools must fine-tune and tailor their curriculum in line with the practice direction. Students should be protected from this knowledge but should be allowed to explore and acquire the skills needed. This is the only way to secure a future with seamless access to justice. Like in the words of the law Lord, Lord Dennings MR,

This new outlook is needed more in equity than in any other branch of the law. But where is it to be found? It is, I think, to be found in the new spirit which is alive in our universities. The law schools there do not content themselves with recording the law as it is. They are more concerning themselves with the law, as it should be. They are exposing the fallacies and failings of the past and are beginning to point the way to a new age and a new equity. When the present generation ‘of ‘students comes to take their place amongst the judges and practitioners of the future. There will, I trust, be found among them many with a new outlook, which will give us the new equity we so badly need.

Law firms must begin to invest in legal technologies to be able to stand out. Kudos to those who have started already. Research conducted in London Law Firms revealed that 48% are already using AI, and a further 41% will start doing the same shortly. This shows us that people in other jurisdictions have begun the migration. We must toe the line as well.

Professional bodies that influence legal practice must create platforms that will enable their members to acquire the desired skills and sharpen the spirit of the profession in these modern times.

Finally, legislation on using these modern solutions will go a long way in helping those in the field of operation. It is an appeal to relevant authorities to see to this.

1. ATER, Solomon Vendaga is a penultimate Law Undergraduate at the University of Abuja, Nigeria who has keen interest in Taxation Law, IP Law, Tech Law, and Public Policy. He can be reached via; +234(0)08025263078, [email protected]

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4. Ibid

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6. Big Data for Law available at available from <https://www.legislation.gov.uk/projects/big-data-for-law >accessed February 2023

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9. AI in Law and Legal Practice – Emerj Artificial Intelligence Research. https://emerj.com/ai-sector-overviews/ai-in-law-legal-practice-current-applications/ accessed 16^th February 2023

10. Ibid

11. Ibid

12. Zach A, Do Robots Make Better Lawyers? A Conversation About Law and Artificial Intelligence. How AI can give your business and/or clients an edge? (2016) available from <https://abovethelaw.com/2016/06/do-robots-make-better-lawyers-a-conversation-about-law-and-artificial-intelligence/> accessed 16^th February 2023

13. Thomson Reuters, Technology in law is the new norm (Aug 2021) available from <https://legal.thomsonreuters.com/blog/technology-in-law-is-the-new-norm/> accessed 16^th February 2023

14. (2007)ALL FWLR (PT. 396) P. 763 @769

15. No. 04-2618-BLS2, 2006

16. O. Fabunmi., Equity and Trust in Nigeria (University of Ife Press Ltd. Ile-Ife, Nigeria, 1986) pp 7