The 21st Century Lawyer: Utilizing

Technology Competence as a

Marketing Tool

Andrew Perlman

Suffolk University Law School

Casey Flaherty

Cost Control LLC

Technological competence is not

just about marketing.

Model Rule 1.1 on a

Lawyer’s Duty of Competence

Comment [8] To maintain the requisite knowledge

and skill, a lawyer should keep abreast of changes

in the law and its practice, including the benefits

and risks associated with relevant technology,

engage in continuing study and education and

comply with all continuing legal education

requirements to which the lawyer is subject.

What is the typical lawyer reaction?

Why are lawyers slow to adapt?

(And why do adaptable lawyers have

an advantage?)

A long time ago, at a

law school (not) very far away…

Legal Education in the Past

Christopher Columbus Langdell

In law school,

students are trained to look

backwards

– to precedents, past practices –

instead of to

the future of legal services.

Legal Futurist Richard Susskind Quoting

Wayne Gretzky:

“Skate to where the puck’s going,

not where it is.”

Where is the Puck Going?

Key New Competencies

• Cybersecurity

• Internet-Based Marketing

• Internet-Based Investigations

• E-Discovery

• “New Law” (e.g., expert systems/automated

document assembly)

• Effective Use of Established Legal Tech (e.g.,

word processing)

Richard Susskind, The End of Lawyers? (2010)

Why is “new law” important?

Lawyers who can think outside the bespoke box have an advantage

(marketing and otherwise).

New Law Example:

Disclosure Dragon (SeyfarthLean/Neota Logic)

• For companies seeking to raise capital, it automates the creation of a private placement memorandum (PPM) and related disclosures along with supporting exhibits to satisfy U.S. law.

• PPM’s produced by Disclosure Dragon are expected to reduce the time and cost of preparing legal documentation by up to 80%.

Key New Competencies

• Cybersecurity

• Internet-Based Marketing

• Internet-Based Investigations

• E-Discovery

• “New Law” (e.g., expert systems/automated

document assembly)

• Effective Use of Established Legal Tech (e.g.,

word processing)

An Example of Inefficiency with Word

The Better Way

Are lawyers good at this?

The Objection

• Shouldn’t lawyers just delegate this stuff to

staff?

Image courtesy of freedigitalphotos.net & Stuart Miles

Source: 2012 Survey, National Conference of Bar Examiners

Position 2004 2014 +/-

Word Processor 2,992,361 1,735,569 -42%

Secretary 674,833 339,412 -50%

Associate 605,833 1,525,440 +152%

Shareholder 176,595 424,716 +141%

Avg. Word Keystrokes

Position 2004 Share 2014 Share

Word Processor 22,961,895 34% 9,560,211 11%

Secretary 18,078,499 27% 8,091,938 9%

Associate 20,889,044 31% 55,143,104 63%

Shareholder 4,944,671 7% 14,579,620 17%80%

Total Word Keystrokes

Other Responses

• Easier/quicker to do it than delegate it

• Staff might not do it the right way

– Rule 5.3 (duty to supervise non-lawyer assistance)

• Version control; need to keep working

• The need arises after hours

• If staff really do it, audit the staff

Possible Uses

• RFPs

• Rate Negotiations

• Internal Assessments

• Improved Efficiency (especially when using

AFAs)

• Marketing