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{{quote|“I don’t think it works like that at all. You see an electric drill in a shop and decide you want it. Then you take it home and wander around your house looking for excuses to drill holes in things.” | {{quote|“I don’t think it works like that at all. You see an electric drill in a shop and decide you want it. Then you take it home and wander around your house looking for excuses to drill holes in things.” | ||
:—Llewelyn Thomas, quoted in {{author|Rory Sutherland}}’s {{br|Alchemy}}}} | :—Llewelyn Thomas, quoted in {{author|Rory Sutherland}}’s {{br|Alchemy}}}} | ||
{{quote|“To a man with a hammer, everything looks like a nail.” | |||
:—{{author|Mark Twain}} | |||
The customer wanting a hole, not a drill, is a favourite trope of legal futurologist Professor Richard Susskind.<ref>See {{br|The Future of Law}} (1996; now out of print)</ref> The message for those involved in the legal profession is this: it is unlikely that users of the legal system are irreversibly tied to how the law currently works. Clients want outcomes — how the machinery by which these outcomes are delivered ''works'' is of little interest to them; what matters is (i) that the outcome works; (ii) that it is cost-effective; (iii) that it is quick. All this nonsense with law reports, dusty legal opinions, horsehair wigs and so on is just so much bunk. No-one wants it. Susskind intones: heed this warning, or you will be driven out of business. | The customer wanting a hole, not a drill, is a favourite trope of legal futurologist Professor Richard Susskind.<ref>See {{br|The Future of Law}} (1996; now out of print)</ref> The message for those involved in the legal profession is this: it is unlikely that users of the legal system are irreversibly tied to how the law currently works. Clients want outcomes — how the machinery by which these outcomes are delivered ''works'' is of little interest to them; what matters is (i) that the outcome works; (ii) that it is cost-effective; (iii) that it is quick. All this nonsense with law reports, dusty legal opinions, horsehair wigs and so on is just so much bunk. No-one wants it. Susskind intones: heed this warning, or you will be driven out of business. | ||
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There is nothing about the information revolution that makes possible alternative legal process outsourcing where it was not possible before. Some forms of legal process outsourcing — typing and secretarial work, proof-reading, couriers, mailrooms, prospectus printing services, even media and marketing services — have actually vanished. Lawyers type their own stuff now. They send their own email. They manage their own branding and do their own webcasts of the same dreary [[continuing professional development|seminars]]. All of these changes have happened iteratively, by the effluxion of time and the gradual change of behaviours, not by revolution. | There is nothing about the information revolution that makes possible alternative legal process outsourcing where it was not possible before. Some forms of legal process outsourcing — typing and secretarial work, proof-reading, couriers, mailrooms, prospectus printing services, even media and marketing services — have actually vanished. Lawyers type their own stuff now. They send their own email. They manage their own branding and do their own webcasts of the same dreary [[continuing professional development|seminars]]. All of these changes have happened iteratively, by the effluxion of time and the gradual change of behaviours, not by revolution. | ||
This is not to say a great deal of the legal work product is not preposterous. It is. Most of it. It is demonstrably more preposterous than it was thirty years ago: there are more lawyers, legal agreements are longer, prose | This is not to say a great deal of the legal work product is not preposterous. It is. Most of it. It is demonstrably more preposterous than it was thirty years ago: there are more lawyers, legal agreements are longer, legal prose ever more tortured — the profession has used the enabling tools of the [[information revolution]] to ''further complicate'' everything. | ||
There is the challenge that faces Professor Susskind, legal industry thought-leaders and smug self-publishing wiki-writers alike: how do we change the institutions to make them more effective, more efficient, less of a gravy train, less ''preposterous''? | There is the challenge that faces Professor Susskind, legal industry thought-leaders and smug self-publishing wiki-writers alike: how do we change the institutions to make them more effective, more efficient, less of a gravy train, less ''preposterous''? |