As I circle back to a career in law (this time as an attorney), it is astounding that so many changes have occurred since my twelve years as a litigation and bankruptcy paralegal in New York City from 1986 until 1998. Since that time, the practice of law has undergone significant changes with advancements in technology over the past few decades. In 1988, the use of technology in the legal profession was limited to basic word processing and research tools. In fact, I remember shepardizing briefs using the reporters in the firm’s law library. To clarify, my experience was with large, white glove law firms in Manhattan, where working 90 hours a week was the norm for attorneys and paralegals alike. Looking back on it now, it seems that everything just took longer to do without the advanced technology many of us take for granted.
In class last week, Professor Bassett mentioned how WordPerfect was the word processing program used many years ago, and yes, I remember it well. Back then, the challenges presented by technology were minimal since there really was not much available, even at big firms with deep pockets. In contrast, today, the challenges of adjusting to using technology in the practice of law have become more complex and demanding.
I believe that one of the key
challenges of adjusting to technology in the practice of law today is the rapid
pace of technological advancements. In 1988, legal professionals were primarily
using desktop computers with limited capabilities. Today, lawyers are faced
with a myriad of technological tools and platforms, from e-discovery and
digital case management systems to virtual court hearings and cloud-based legal
research databases. Keeping up with these advancements and understanding how to
effectively integrate them into their practice can be daunting for many legal
professionals. Regardless of size, law firms should invest in comprehensive
cybersecurity training programs for all staff, including lawyers, paralegals,
and administrative personnel. These programs should cover topics such as identifying
phishing attempts, creating strong passwords, recognizing social engineering
tactics, and understanding the importance of data encryption and secure file
sharing.
Another challenge is the increasing importance of data security and privacy. In 1988, concerns about data breaches and hacking were relatively unheard of in the legal profession. Today, law firms and lawyers must navigate complex data protection regulations and implement robust cybersecurity measures to safeguard their clients' sensitive information. This requires a significant investment in time, resources, and ongoing training to stay ahead of potential security threats. Cybersecurity training and protocols are critical components of mitigating data security risks in the digital age, especially in the legal profession where protecting sensitive client information is paramount.
Additionally, the shift towards remote work and virtual collaboration has presented new challenges for legal professionals. In 1988, the idea of working from home or conducting virtual meetings with clients and colleagues was virtually non-existent and meetings were sometimes conducted via conference calls. Today, lawyers must adapt to new ways of communicating and collaborating, while also ensuring the confidentiality and security of client communications.
Helen,
ReplyDeleteI agree that data security has become more important for law firms. As technology advances, cybercriminals are becoming savvier in their efforts to steal information. I have personally received emails and text messages that looked legitimate the first time I read them, but after reading them a second time I noticed that they were scams. An employee may see a phishing email that, at first glance, seems innocent, but then realize that it is malicious when it is too late. I would imagine many law firms require new employees to undergo cybersecurity training but then not require continuing training, causing many problems as employees forget what they learned or are not aware of new scamming techniques.
I also think that, in general, it is easy for many lawyers to practice remotely or hybrid. Many mediations, negotiations, court hearings, and depositions are conducted via Zoom or Teams, and document analysis and drafting can be conducted anywhere. Challenges will arise if the employee does not have a strong Wi-Fi connection or professional background to use when on camera, but those issues are not difficult to resolve. I think law firms should be a bit more flexible regarding working from home for these reasons.
Hi Helen,
ReplyDeleteI absolutely agree that the willingness to adjust to these technological advances in the law can vary between generations of attorneys. When I was in college, I worked summers as a legal assistant at a small, primarily family law practice. They were still committed to paper files, meaning that they had enormous bins of physical client files each with hundreds (sometimes over a thousand) of papers of documents, including printed out emails. Having to spend time organizing those files would be tremendously monotonous and time consuming, it makes me think how much more efficient law firms would become if they embraced digitization that is taking over the legal profession.
I previously worked at another firm as a law clerk and they were fully digitized, and the contrast even took me a while to adjust but it was definitely more efficient in the handling of huge amounts of paperwork.
Helen,
ReplyDeleteI totally agree. The need for all attorneys to adapt to the technology is paramount to the ethical practice of law. As you mentioned, data and cybersecurity is something that attorneys need to understand fully if they are to protect client confidentiality. I think it is great that Florida requires attorneys to take CLE's on the matter, and it is a great step to adapting to the evolving times. The legal field is much more fast paced than ever, and attorneys need to be fluent in order to carry out the duties owed to their clients.