Changing times

The Global Law Summit (GLS) was a three-day event held in celebration of the 800th anniversary of the sealing of Magna Carta. However, as Kevin Poulter pointed out in his article in last week’s SJ (SJ 159/8), ‘Tomorrow’s lawyers [were] notably absent’, perhaps due to ticket prices of up to £1,500 plus VAT. For an event with sponsors from among the biggest law firms in the world and partners whose objectives include ‘the promotion of the profession’ and ‘protection of the public’, this is not good enough.

In what was described by
some as the highlight of the conference, Richard Susskind OBE led a discussion on the technical evolution of the law from Magna Carta to artificial intelligence. In the long term, Susskind envisages a world of virtual courts, internet-based global legal businesses, and online document production. He has further called on the government to implement a new system of online dispute resolution, HM Online Court, and recommended that a means of ‘automated negotiation’ be instigated to help parties resolve their differences without the intervention of human experts.

The last few years have seen
a well-documented rise in the number of litigants in person, which has had the inevitable consequence of placing additional strain on an already under-funded court system.
The potential advent of HM Online Court could help alleviate the strain placed on courts of all levels. However, as Susskind readily admits, the result of this form of online dispute resolution will almost certainly be fewer lawyers being involved in lower-value cases in future.

It is hard to see how computers present a real alternative to the considered application of legal principles in the context of specialist litigation. However,
it is impossible to ignore the challenges thrown up by litigation today, which are
likely to drive change.

In the aftermath of the financial crisis, even large corporate clients have become concerned with the need for improved efficiency and value, and, most importantly, reduced cost. Technology can, when used effectively, offer law firms and their clients efficiency and enable firms to automate certain processes to reduce costs. Those savings can then be passed on to clients.

It has not gone unnoticed that the summit, promoted by David Cameron as evidence that ‘Britain continues to lead the way in promoting the rule of law around the world’, took place at the same time as concerns over access to justice occupy the political stage. From 9 March 2015, court fees will increase by up to 622 per cent. Most practitioners agree that the widely criticised hike will deter legitimate claims, and that international and domestic court users may be encouraged to look to other jurisdictions. The Law Society has now issued a pre-action protocol letter initiating the first stage of judicial review proceedings to challenge the government’s proposals.

The profession is undoubtedly changing.
The future is uncertain. Young lawyers must be ready to adapt their skills and embrace change, and they must have confidence that their firms are prepared
to invest to respond to the challenges and are committed to involving them in the process. SJ