Survey Schmurvey- Virtual Legal Looming
“Your old road is rapidly agin’.” Bob Dylan, 1963
Outsourcing to India; unbundled services; cost pressure; internet-based practice: the profession has entered a roiling period of accelerating change. The decade will see market- and technological forces affect every nook and cranny of the present structure of legal practice.
What does this have to do with a survey about attorney concerns over whether to hire a virtual paralegal? Much, I allege, because this period of change is landing attorneys and paralegals in the same boat. Last year’s discussion about the obvious cost-reduction advantages of hiring virtual paralegal assistance seems to be giving way to a more urgent need to respond to the pressures for change dictated by the legal market. Last year’s convenient choices about whether to “hire virtual” are transforming into next year’s ineluctable necessity. The threat of “legal commodification” is cropping up around the legal blogspace. So we had better be ready to adapt.
In this context, Paralegal Associates’ “survey” results are probably in line with what should be expected. A significant proportion of attorneys are not sure how to use a virtual paralegal because they are not sure how to respond to the changes in practice that implies. The other response categories are a short catalog of fears that grow out of unfamiliarity with a non-traditional work relationship where you and I aren’t in the usual bricks-and-mortar surroundings. My point is that a decision that ought to be pretty easy- let’s do some legal work over the internet to hold down costs- gets stymied by fear of loss of control. From there, I expect that a perceived threat to the business follows readily. Our psychology of fear is a barrier to the rational. Nothing new here; the ancient Greek philosopher Aristotle acutely analyzed this human weakness about 2400 years ago. Inertia seems a species of fear. If I refuse to recognize a threat, maybe it won’t “recognize” me, and I can go on as usual. This response is not helpful to survival.
I agree there are serious practical concerns involved in this transition. They are management concerns: ethical issues, data security needs, client confidentiality maintenance, software/hardware support, liability. These are the stuff of rational management. Valuable work is being done on these concerns right now by legal- and technology professionals. I expect that over the next couple of years, we will see the tools for responding to this emerging network-based legal environment become available in a unified structure that attorneys can readily adopt and use.
What we need to do now, attorneys and paralegals, is come together in a conversation that results in a well-developed approach to supporting the changes in law offices that are needed to adapt successfully to virtual practice, with a minimum of fear and loathing.
It’s true that most practices are “bricks and mortar” at present. What has yet to emerge is a consensus about when that structure will undergo significant change; “when”, not “if”. My sense is that there will be wide agreement that we are in the crucial decade.
We are entering the time when last year’s early adopters and leaders give way to broader acceptance of the value of the new business model. We “virtuals” will soon be pioneers no more.
In this post, I’m offering the view that attorneys need to see transitioning to virtual paralegal support as a necessary response to emerging competitive threats. Paralegals need to see their traditional in-office situation as under pressure for the same reasons.
In upcoming posts, I’ll offer some suggestions that address the specific concerns expressed in the survey response categories.
Please stay tuned, and give us your comments.
This is a great article. I have much the same points. Why outsource to a foreign country when the resources attorneys need are right here in their own backyard? I recently wrote a blog post about “Lawyers are too expensive” and had some of the same thoughts you present. It’s an up-hill battle but one that I know we’re going to win. Keep up the great work. I love your blog and have you on my “reader.”
Ana
Interesting article. This problem of virtualization and outsourcing has been growing for some time, and not only for the paralegal profession. I am actually a technical writer/communicator by profession and we have seen this (and many other jobs related to writing) get outsourced to India and other countries. It is, and will remain, a problem as part of the “global economy” from now on, I suspect.
I don’t see how lawyers themselves will be able to become “virtual” unless the courts also move in that direction. Possible, but not likely. So while much of the work done by paralegals and legal assistants can be communicated and controlled over the Internet, the need for face-to-face communication will never completely go away.
Also, quality of work is a factor. One thing that has driven some technical writing jobs back to the US is the fact that the English, while good, was frequently not as good as needed for a highly technical subject (system administrator guides, SDKs, etc). The same thing may apply here.
I would think that research, an important part of all legal cases may also sometimes be outsourced, but many times the necessary documents may not be available through the Internet, and therefore would require someone locally.
Good luck on this though as it’s definitely going to impact the profession as it has so many others.