Years studying codes and manuals in order to represent clients' legal interests as faithfully as possible within the limits of the law. This is one of the oldest liberal professions, that of law. So old, in fact, that Pericles, born in 495 BC north of Athens, is considered the first professional lawyer in history. More than two and a half millennia of constant professionalization that, like so many professions, is now facing the immense challenge of coping with the changes brought about by digital transformation and technological innovation.
As a result of these challenges, a report prepared by BRAINTRUST, commissioned by the General Council of Spanish Lawyers (CGAE), and published by Wolters Kluwer, has recently been released under the title "Future Law Practice 2020. Emerging Business Areas." This study provides valuable insight into the developments that this profession must undergo. In an interview with Diario La Ley, José Luis Ruiz, a partner at the consulting firm,outlined some of the points in this report, which we also review in this blog.
What impact can lawyers expect from the wave of technological changes riding on the back of digital transformation? These changes are commonly considered to pose a major threat to many professionals who may be displaced by artificial intelligence and other advances of the digital age. However, in Ruiz's opinion, this does not have to be the case for the legal profession: "Most applications of new technologies are fundamentally an opportunity for the profession rather than a threat," he says.
Of course there are threats, but they mainly concern society and the fundamental rights of citizens. Something that "ultimately is an opportunity for lawyers, who will have to be there, protecting the rights of individuals and society." However, the study of references and the creation of case law will be areas that will be profoundly impacted, since "in a very short time, that work will be done by tools that lawyers will only have to supervise." This is something that law firms specializing in these tasks must take into account, in order to begin a process of transferring their professionals to other activities in which they will not be displaced.
Regarding new opportunities for the profession, the BRAINTRUST partner cites a case that is a clear example: Cambridge Analytica. This is an issue that extends to entities with the technological capacity to "build" and "profile" the tastes of their users to the point of being able to "modify opinion." These are possible scenarios of "misuse" that must be closely monitored and where the lawyers of the future (if not the present) are called upon to play a leading role.
In his opinion, these are areas that need to be legislated, "without closing doors but remaining vigilant in terms of respect for fundamental rights," as should be done in "issues such as accessibility to cutting-edge medical treatments," since there are currently many treatments that already exist but are not accessible to the majority of the public. "In other words," he emphasizes, "there are people dying because they do not have access to a treatment that already exists. This is a serious issue that affects one of the institutional functions of the legal profession."
In addition to these changes, which we can define as "current," there is a whole wave of changes that have been considered in terms of the evolution of the study, although for the moment they have been left out because their impact can still be considered "minimal" or at an immature stage. This is the case with 5G and the Internet of Things (IoT), which directly affect the "truly appropriate dissemination of data," which will be ultra-cheap and will allow, for example, our own clothing to generate data. Where is the professional opportunity for the legal profession in this? Well, in indisputable facts such as the fact that China is currently winning this battle. A commercial battle, but also one of national security.
Ruiz also emphasizes that digital transformation is not a problem exclusive to the legal profession: "Applying innovation in a practical way requires a process of transformation, both of the business and of the individual, of changing what Anglo-Saxons call the 'mindset'; in fact, this is one of the major activities that all large companies are currently involved in, and it will have to reach small businesses as well." This change in mindset is brought about by agile methodologies and even has an impact on the way law firms are organized.
The report itself was a challenge to produce, as it deals with a "very broad and very complex" subject. The methodology began with four researchers gathering references from BRAINTRUST innovation observatories in different countries and sectors. From their analysis, screening, and sorting, detailed work emerged to identify the specific applications of each technology, including some that are still very "green," such as quantum computing. All of this research was coordinated with the CGAE in meetings that led to, among other measures, a methodology of files and indicators that "in addition to being very visual, allows the journey to be organized."
This complex process made it possible to identify "the type of impact that different technologies will have on the legal sector." To do this, it was vital to be "aware that almost any field that has an impact on society automatically has an impact on the legal profession, because the legal profession is a representation of society in that it defends and protects its rights." Ruiz praises the ongoing work of the CGAE members who have promoted the initiative, especially the dean of the Salamanca Bar Association, Eduardo Íscar.
The impact is profound, because big data and its connection to machine learning and artificial intelligence will completely change the way we live. To understand this, Ruiz mentions the case of autonomous vehicles, which leads to scenarios that until now would have seemed unimaginable. For example, could it be that in a few years' time it will be illegal to drive unless you have a "special policy" for manual driving? Apply this to other fields and you will see that the universe of changes is practically immeasurable.
And to defend ourselves against misuse and abuse, among other almost infinite business possibilities, we will always need professionals capable of representing our legal interests. There is certainly plenty of work to be done.
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