{"id":7614,"date":"2007-05-16T14:13:33","date_gmt":"2007-05-16T19:13:33","guid":{"rendered":"http:\/\/blogs.law.harvard.edu\/ethicalesq\/2007\/05\/16\/lawyers-should-fear-more-than-outs"},"modified":"2011-08-05T14:53:48","modified_gmt":"2011-08-05T18:53:48","slug":"lawyers-should-fear-more-than-outsourcing","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/2007\/05\/16\/lawyers-should-fear-more-than-outsourcing\/","title":{"rendered":"lawyers should fear more than outsourcing"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0\u00a0 The article “The Future’s Bright…but Not For Lawyers and Accountants<\/a>,” from the May 9th edition of London’s Daily Telegraph,<\/em> has some law webloggers worrying about the outsourcing of legal jobs to low-cost countries.\u00a0\u00a0Justin Patten of Human Law Mediation <\/em>predicts “Long term some lawyers face the destruction of their jobs<\/a>” (May 8, 2007) and\u00a0Carolyn Elefant at LegalBlogWatch<\/em> asks\u00a0“Which Law Jobs Are Vulnerable in an Electronic Age?<\/a>” (May 15, 2007).\u00a0 In a rather superficial article, the\u00a0Telegraph<\/em> notes:<\/p>\n

\"WolfDudeN\"\u00a0\u00a0 “Lawyers involved in family disputes, and criminal lawyers – they’ve got to stay around. But lawyers that write contracts, and lots of accountants, maybe that kind of education is not such a fabulous idea.”\u00a0\u00a0<\/p><\/blockquote>\n

Patten observes: “Soft skills will come more to the fore. Welcome to the era of the cuddly lawyer. If everything is being automated you have to distinguish yourself somehow from the competition.”\u00a0 I hope someone comes up with a far better notion than being “cuddly” as a way to differentiate one lawyer from another.\u00a0 Most clients would prefer\u00a0a lawyer to be efficient and reasonably-priced rather than touchy-feely.\u00a0\u00a0<\/p>\n

\"checkedBoxS\"<\/em>\u00a0Note<\/em>: It is a little strange that “lawyers involved in family disputes” are singled out as being safe from the effects of outsourcing and digital communication.\u00a0 In this country, as many as 70% of parties to family and domestic relations cases have no lawyer.\u00a0 Courts across the nation are working to accomodate that reality with Self-Help Centers and pro-se<\/em>-friendly procedures and forms.\u00a0 Lawyers should, too.\u00a0 Go here<\/a> to find links to divorce and family-law self-help materials.<\/p><\/blockquote>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 We’ve been talking about outsourcing at this weblog since the days of ethicalEsq<\/em> – -see “Corporate Outsourcing May Bring Trickle-Down Competition and Options in Legal Services<\/a>” (Dec. 9, 2003); also this post<\/a> and follow-ups.\u00a0 I believe, however, that the biggest threat to lawyer livelihood is the growing realization by more and more average citizens (not to mention corporate giants like Cisco<\/a>) that they can competently handle a very large portion of their legal needs with little or no assitance from lawyers, thanks to a great extent to advances in computer\/digital technology.\u00a0 As I said on the About page<\/a> at shlep: the Self-Help Law ExPress:<\/em><\/p>\n

By combining the existence of a literate public with the power of computer technology, with a judiciary that understands that our court system exists for the public (rather than for judges or the bar), and with lawyers willing and able to \u201cunbundle\u201d their services and perform discrete tasks for clients who want to handle their own legal matters, we can now make it possible for self-help to be a viable option for solving most of the legal problems of most Americans.\u00a0\u00a0 Of course, those who want to hire a lawyer, or who have issues that can only be adequately handled by a professional trained in the law, should be able to find reasonably-priced, competent legal assistance.\u00a0<\/p><\/blockquote>\n

Far more than\u00a0adjusting to a\u00a0loss of\u00a0business to outsourcing, the legal profession should be ready to downsize,\u00a0and to\u00a0greatly streamline services and reduce fees, in response to the following trends:<\/p>\n

    \n
  1. Unbundling (Limited Scope Representation), in which the lawyer and client agree that only a limited number of services will be provided by the lawyer in a particular matter, is allowing consumers to keep better control of their cases and their costs. California and a few other states already allow unbundlng in all civil matters. See this shlep<\/em> posting<\/a> for more information.\u00a0\u00a0\u00a0<\/li>\n
  2. \"LegalZoomLogo\"\u00a0\u00a0Automated Document Creation – intelligent software that uses an interview with the consumer as the basis for creating a sophisticated legal document or pleading — will allow many average Americans to resolve legal problems without using lawyers.\u00a0 See this discussion<\/a> at shlep<\/em> of the National Public ADO<\/a> (Automated Documents Online, or NPADO); and this shlep<\/em> description<\/a> of\u00a0LegalZoom<\/a> and similar online for-profit services.<\/li>\n
  3. Improved and Expanded Self-Help Centers in Courthouses: Across the nation, judiciary systems (and legislatures) are adjusting to the necessity or desire (and the right!) of individuals to appear in court and participate as parties without a lawyer.\u00a0 At the National Center for State Courts, you can use their\u00a0Self-Help\/Information Resources and Centers<\/a> webpage to find out the kinds of services available in your state.\u00a0 You can find much more at the shlep<\/em> website<\/a>.<\/li>\n<\/ol>\n

    \u00a0\u00a0\u00a0\u00a0 As I said here<\/a>, when local politicians become smart enough to see the need for more and better courthouse centers to help the unrepresented litigant, and when they are savvy enough to know that such support can have political advantages, we\u00a0will see much more being done around the country to give the public the kind of accessible court system that they deserve.\u00a0 Consumers and their advocates need to take this message to their legislators.\u00a0 It is a win-win issue for the public and political leaders who join the cause.\u00a0\u00a0It will, however, mean that lawyers will have to make major adjustments in how or whether they offer\u00a0related services.\u00a0\u00a0 Let’s hope<\/em>\u00a0the\u00a0legal profession does not\u00a0respond by attempting to stifle innovation and competition (see guide or guild?<\/a>), but let’s be ready if\/when they do. \u00a0\u00a0\u00a0<\/p>\n

    \"BigSkyRMA2006\"\u00a0\u00a0Outsourced Haiku?<\/em><\/strong>\u00a0 As big<\/em> sky: The Red Moon Anthology 2006<\/em><\/font><\/a>\u00a0(Jim Kacian, Editor in Chief, Red Moon Press<\/font><\/a>, 2007) proves, Japan has outsourced much of the world’s supply of haiku to English-speaking\u00a0countries over the past half decade.\u00a0\u00a0And, quality has not suffered.\u00a0\u00a0Here are a few more\u00a0haiku from big sky<\/em> written by members of the f\/k\/a<\/em> family of Honored Guest Poets:<\/p><\/blockquote>\n

    a bare space
    \nunder the willow
    \noverdue books<\/p>\n

    …………. by DeVar Dahl – big<\/em> sky<\/em><\/font><\/a>;\u00a0rain song<\/em><\/p>\n

    \u00a0<\/p>\n

    northern lights . . .
    \nthe distance between
    \nwords<\/p>\n

    \u00a0<\/p>\n

    ………………………… Laryalee Fraser – big<\/em> sky<\/em><\/font><\/a>;\u00a0Hermitage<\/em> III<\/p><\/blockquote>\n

    \u00a0<\/p>\n

    \u00a0<\/p>\n

    night on the town–
    \nhow beautiful the girl
    \nmy wife finds fault with
    \n………………… by Lee Gurga –     big<\/em> sky<\/em><\/font><\/a>;\u00a0Frogpond<\/em> XXIX: 3<\/p>\n

    among the splashes–\u00a0\u00a0 \"spiltBucket\"
    \na toy bucket of ocean
    \ndumped back in
    \n………………….. by Gary Hotham –     big<\/em> sky<\/em><\/font><\/a>;\u00a0Presence<\/em> 28<\/p><\/blockquote>\n

    \u00a0<\/p>\n

    no ketchup–
    \nI wish things had gone
    \nthe other way
    \n……………………… by Peggy Willis Lyles –     big<\/em> sky<\/em><\/font><\/a>;\u00a0Modern Haiku<\/em> 37:3<\/p>\n

    \u00a0<\/p>\n

    deep woods
    \na sapling with one leaf
    \nchanges color<\/p>\n

    ……………………… by paul m.- big<\/em> sky<\/em><\/font><\/a>;\u00a0The Heron’s Nest<\/em> VIII:4<\/p><\/blockquote>\n

    \u00a0<\/p>\n

    \u00a0\"GhostProf\"\u00a0 Who You Gonna Call? The Ghost Cabinet<\/a><\/em><\/strong>: From The Barrister Blog<\/em><\/a>‘s Tim Kevan<\/a> comes news of a group weblog being launched tomorrow (May 17) in the UK — The Ghost Cabinet<\/a><\/em>, which promises to be scarier than a Shadow Cabinet.\u00a0 Organized like\u00a0the British\u00a0Cabinet, the team has appointed\u00a0popular bloggers with a strong interest or expertise in the given policy area to be Ghost Ministers.\u00a0 Each Ghost “vows to haunt the relevant government minister on a regular basis”\u00a0and will “eschew normal political conventions by presenting ideas that will actually improve the country.”\u00a0 Tim says that he is “delighted to have been asked to be the Ghost Attorney General and will take on the name of the Ghost of the Common Law<\/em>!”\u00a0\u00a0 Our Prof. Yabut has offered to haunt the Ghost AG to\u00a0make sure he lives up to his spectral vows. \u00a0\u00a0<\/p>\n

    \nday at the zoo \u2014
    \nthe elephant\u2019s shadow
    \nin a small place<\/p><\/blockquote>\n

    \u00a0<\/p>\n

    more darkness
    \nmore fireflies–
    \nmore darkness than butterflies<\/p>\n

    \u00a0…….. by\u00a0Gary Hotham<\/a>\u00a0
    \n\u00a0“day at the zoo –” –\u00a0 The Heron’s Nest<\/em> (March 2005)
    \n“more darkness” –     breathmarks: haiku to read in the dark<\/em><\/a><\/p><\/blockquote>\n

    autumn light–
    \nthe smell of tomato vines
    \non my fingers<\/p>\n

    \u00a0<\/p>\n

    frozen pumpkin-
    \nthe little ghost’s
    \nparka and mitts<\/p><\/blockquote>\n

    \u00a0<\/p>\n

    ……….. by DeVar Dahl<\/a>\u00a0\u00a0 \"ghostSm\"\u00a0
    \n“autumn light” – 1st Place Tie, Shiki Kukai (Nov. 2006)
    \n“frozen pumpkin” – Shiki Kukai Halloween contest (2001)<\/p>\n

    \ntourist motel
    \nthe pattern of the bedspread
    \non your cheek<\/p><\/blockquote>\n

    \u00a0<\/p>\n

    summer sunset\u2014
    \nbaby finds his shadow
    \non the kitchen wall
    \n………. by     Lee Gurga<\/a>\u00a0 – Fresh Scent<\/em><\/a>: Selected Haiku of Lee Gurga<\/em><\/p>\n

    \u00a0<\/p>\n","protected":false},"excerpt":{"rendered":"

    \u00a0\u00a0\u00a0\u00a0\u00a0 The article “The Future’s Bright…but Not For Lawyers and Accountants,” from the May 9th edition of London’s Daily Telegraph, has some law webloggers worrying about the outsourcing of legal jobs to low-cost countries.\u00a0\u00a0Justin Patten of Human Law Mediation predicts “Long term some lawyers face the destruction of their jobs” (May 8, 2007) and\u00a0Carolyn Elefant […]<\/p>\n","protected":false},"author":94,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[555,3513],"tags":[],"class_list":["post-7614","post","type-post","status-publish","format-standard","hentry","category-haiku-or-senryu","category-lawyer-news-or-ethics"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6kP1R-1YO","_links":{"self":[{"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/posts\/7614","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/users\/94"}],"replies":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/comments?post=7614"}],"version-history":[{"count":1,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/posts\/7614\/revisions"}],"predecessor-version":[{"id":12540,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/posts\/7614\/revisions\/12540"}],"wp:attachment":[{"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/media?parent=7614"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/categories?post=7614"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/wp-json\/wp\/v2\/tags?post=7614"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}