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The legal marketplace in experiencing significant change. In this presentation we consider the drivers of this change, why we as lawyers and law firms need to change and why, in this changing marketplace, processes such as Collaborative Practice are thriving for family lawyers.
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1. Change is upon us but what is driving this change?
2. Do we need to change?
3. Why are processes such as Collaborative Practice thriving in this market?
1. Marketplace driven– Clients are
seeking ‘Value’
2. Technology driven– Information age– The rise and rise
of social media
3. Changing of the guard in the Profession
ALPMA study this year- •Almost 50% of clients demanded better value from their lawyers.
•Despite this, only 18% of firms reported a major focus on changing their pricing strategy
What do ourclients want?
Are they buying an ‘experience’ & ‘relationship’ before information?
Tell me about technology!
From this to this….
The rise & rise of social media
It was noted by the President of the Law Council of Australia in February 2013 that technological changes in law & firms were a fundamental shift in our profession. This included the use of social media.
Changes from within!
As the profession changes in age, values & skills we are all having to change!
Better Health
Recent research suggests that
1 in every 3 of us will suffer depression during our career.
2011 paper- ‘The Pace of change in the Australian Legal Industry’ attributed this to poor work life balance & stress associated mostly with meeting billable targets. It was suggested we need to remove the stigma associated with suffering depression.
What do you think is driving change?
Improvement to Psychological health and well-being of legal professionals: In March 2014, the National Attrition and Re-Engagement Study (NARS) found that 50% of women, and 1/3 of men in the legal profession were bullied or intimidated at some point in their legal career.
Shortly following, the Tristan Jepson Memorial Foundation Guidelines were published (May 2014), to promote healthy workplace practices and reduce the rate of depression in the legal profession.
• ALPMA also reports that non-lawyer staff are playing a significant role in driving change within law firms. To use their precise words:
• “Progressive firms identify and respect the skills of the non-lawyers amongst them and ensure they apply the right people to the right situation.”
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Collaborative Practice1. Creates value for clients
beyond what most traditional legal processes are able to provide.
2. Enables practitioners to be creative problem solvers in a team environment that is free of most of the stressors often associated with traditional legal processes.
What is Collaborative Practice?
Perhaps it is really just a fancy name for a
‘structure’?
The 5 stages of a Family Law Matter?
• Diagnose• Gather Information• Educate• Resolve• Document
Collaborative Practice simply ensures that your client & their spouse & even your opponent are moving through each of those stages together and working towards common goals (legal and non-legal).
The common misnomers-
1. I do this everyday! 2. Why would I sign a
contract that ‘gives’ away a client?
A central difference between CP and other legal processes is the focus on the clients interests & values.
The ‘juice’ not ‘the orange’
Thank You!
