Lawyering now, more than ever, demands that the lawyer be at the forefront of what is happening in modern-day culture as it evolves literally before us post-pandemic. Lawyering is now more multidisciplinary in nature, in scope and no longer about being in a silo.

In this article, drawing from my experiences as a practising lawyer, law firm principal, academic, coach, speaker, and legal futurist, I would like to show you through a wide-angle lens what future lawyering may look like.

A bright but different future lies ahead

Why do I say that, especially when most of what we hear and read about the future of the legal profession is tainted with trepidation?

Quite simply, I believe that the time has finally come when the things that were bad and wrong in our profession are not only being challenged but more actively and positively dealt with than ever. Things are, for once, really changing and not just being given tokenistic lip service. I believe this is not a one-off, but the start of a real, constantly changing, positive and progressive movement that will continue into the next generation of lawyering to remedy the things that we all know need changing.

I often hear that lawyers won’t adapt or change their outdated modes of thinking. Sometimes, yes, lawyers can be their own worst enemies, but mostly, they are quite resilient, street smart, and capable of pivoting when they need to. Think of barristers, for instance – think about how many times over the years, their areas of specialisation have been taken away from them by the stroke of a regulatory pen. Do they give up? No, they regroup, scan the horizons, upskill, reskill, and practice in other areas of law. Lawyers can and will change, albeit they sometimes need a bit of a push and a shove, when necessary.

Necessary is here and now. The “do nothing,” “everything will be OK,” and “the world is ending” views of the future of lawyering in this new normal world are quite frankly no longer tenable, sustainable, or viable. The future of lawyering is predicated on the modern legal professional taking ownership of it, “getting” what is going on in society, and taking some remedial and active steps towards future-proofing themselves.

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Navigating the new normal: Legal practice in a post-pandemic culture

Amid the pandemic, what I call a “values revolution” has also been brewing, bringing to light societal issues that were previously brushed aside, given lip service, or just inadequately addressed. Now, these value issues are at the forefront, demanding our attention and action in ways that are unprecedented.

Lawyers are at the heart of this revolution, for a myriad of reasons:

1. Our role as legal advisers necessitates a deep understanding of these evolving issues;
2. The evolution of legal practice is inevitable as societal shifts in values occur; and
3. Lawyers, as humans, must reflect on and challenge their own values and positions regularly to foster personal and professional growth.

This shift has spurred a heightened demand for legal professionals well versed in contemporary societal, ethical, and cultural issues. There’s a burgeoning need for lawyers to be adept at navigating the intricacies of these modern dilemmas, especially as legacy versus future debates ensue.

Lawyers are also now directly involved, personally, with the changes in values occurring around them, and this transformation extends to their interactions with clients, law firms, colleagues, stakeholders, and society. Being attuned to modern culture, changing values, and their ramifications on life and legal practice is more crucial than ever.

The multifaceted role of lawyers – as legal influencers, role models, trusted advisers, crisis managers, and compassionate human beings, holds unparalleled importance in this era of change. By embracing the challenges to evolve, the legal community can not only adapt but also thrive in this new normal, contributing positively to a dynamically evolving society.

Navigating second-order effects: The evolving role of lawyers

Second-order effects is a term often used to describe the consequential and often unintended chain of events triggered by a primary event. They have become increasingly prevalent in our society, especially with the rapid pace of digitalisation and the values revolution mentioned above. These ripple effects also position lawyers at the forefront as indispensable advisers in navigating the complex implications and consequences.

Take digitalisation, for instance; as more facets of life transition online, new challenges emerge, spanning from things like cryptocurrency failings, AI copyright, ethics and regulation implications, data privacy breaches, deepfakes, right through to cyber crime. These all require lawyer involvement, further solidifying their position as the “go-to” trusted adviser in areas that did not exist a decade ago.

The robots are coming for your jobs

I lack a crystal ball to predict the future, but a recurring narrative has irked me over the years. The alarmist cry of “the robots will take our jobs!”. Let’s set the record straight: there is no scenario where lawyers will be completely replaced by technology, whether it’s generative AI or anything else.

The key word here is, of course, “completely”. The reality of generative AI means it will be “stuffed” into everything we do and develop more and more into advanced states over many years to come. It is as transformative as the mobile phone and the internet in nature.

The human touch, however, is irreplaceable. AI and robots currently lack emotional depth, intuition, and empathy comparable to that inherent in intelligent humans, and it’s doubtful they ever will.

In the above context, I am an advocate for familiarising yourself with emerging technology and adopting it to the extent you are comfortable with and as necessity dictates. Technology should be seen largely as a tool, an aid, and an enabler, much like the law itself. Microsoft Copilot, ChatGPT, and Bing will indeed alter the way lawyers work. They will help automate routine tasks, enhance efficiency, manage risk, and provide a smarter element to what lawyers can do. Currently, generative AI in its best form, for most of us, is augmented technology, side by side next to humans, being their hybrid intelligent companion, assisting them with the work they do.

Generative AI does put significant legal practice issues squarely on the table. The issues of value selling and pricing, of how you now charge clients for routine legal work that it can now do and that the client expects you to use to minimise their costs and maximise its outcomes, are real. It also beckons how you charge for that extra value the use of generative AI brings to your client in terms of competitive advantage. How do you deal with and price a matter when the client brings you a far more advanced case scenario than ever? Law firms will also need to urgently consider what is the role of early-career lawyers, considering the above. These are all live legal practice issues that require urgent consideration and active reskilling and upskilling considerations within the law firm food chain.

Irrespective of the above, the essence of lawyering – human connection, ethical judgement, and creative problem solving remain steadfast, however, underscoring the enduring relevance of the lawyer as a legal professional. We, as a profession, need to work upon a middle ground out of all the above.

The evolution of the lawyer’s role

The real action as a lawyer and where the future of lawyering ultimately lies is with clients. This means both existing ones and new ones – servicing them in new innovative ways, branding them, and marketing to their needs – known and emerging. It also means ultimately selling value in real and dollar terms to them for things they did not even know they wanted, or needed, or that lawyers could deliver. Bringing in business, servicing clients to their renewed expectations and making sustainable profits still matters.

The lawyer of tomorrow will need to be able to make it “rain” (brand, market, and sell) now more than ever as generative AI redefines the law firm food chain. Lawyers, therefore, need the confidence to leverage both their legal knowledge and commercial experience into their client’s business, like they never have before. This is where the intersection between modern culture, the law, business, and technology really comes into play.

Clients will be calling the shots more and more as they seek better, faster, AI-driven and cheaper legal advice but also for complex, higher stakes, complicated and uncertain legal issues. Lawyers who can add value beyond their existing legal set of skills will be indispensable to their clients in these scenarios.

The lawyer will need to be more focused on the business of their client, whatever that is. They will need to know the issues of the day, understand the culture of the moment and how it is evolving, foresee the changes and trends that will eventuate and then lawyer accordingly in a proactive manner. Lawyers should capitalise on this renewed “trusted adviser” and “legal influencer” role and embed themselves as much as they can as their client’s in-house counsel, especially to assist in emerging areas.

Navigating emerging areas in legal practice

The legal issues surrounding blockchain, cryptocurrencies, and AI serve as prime examples of “established” emerging areas of legal practice that were virtually non-existent merely half a decade ago.

In the face of rapid technological evolution, the legal landscape is constantly venturing into uncharted territories. Pause for a moment and contemplate what the next wave of technological innovation will be, as well as their legal implications. I think they will be advanced AI, autonomous vehicles, neurotechnology, and quantum computing. These technological frontiers will not just reshape existing legal paradigms but carve out entirely new domains for legal practice. The influx of novel legal challenges and opportunities from technological innovation only broadens the horizons for legal professionals.

Upskilling and reskilling: Equipping lawyers for the future

In a complex post-pandemic society, a new paradigm of thinking and working is required of lawyers, especially when addressing contentious and controversial issues within society. These issues, irrespective of one’s stance on the values spectrum, necessitate legal advice from legal professionals.

The gradual integration of generative AI and other emerging technologies also heralds a call for lawyers to embrace upskilling, reskilling, and a commitment to curiosity and lifelong learning. This not only enriches the legal profession in practical, financial, and sustainable senses but also paves the way for a more just and sustainable society steered by positive, pragmatic, and progressive lawyers.

Here’s a deeper dive into the key skills and qualities that I believe future lawyers should cultivate:

1. Broader client focus and empathy: Understanding clients’ needs and perspectives is paramount. An empathetic approach fosters better lawyer-client trust.
2. Simplicity in explaining complexity: The ability to distil complex legal jargon into understandable terms is crucial.
3. Enhanced social, political, and cultural awareness: A well-rounded understanding of societal dynamics.
4. Agility, adaptability, and proactiveness: In a fast-evolving landscape, being able to quickly adapt to new laws, technologies, and societal norms is key.
5. Foresight: Anticipating potential societal, cultural, technological, environmental, and ethical challenges helps in proactive planning and problem-solving.
6. Technological savviness: A good grasp of contemporary technologies enhances efficiency and the ability to engage with tech-driven legal issues.
7. Value-driven practice: The ability to brand, market and sell legal services holistically by their value, not just their cost.
8. Collaborative engagement with other legal and multidisciplinary professionals enriches legal solutions and promotes holistic problem solving.
9. Entrepreneurial thinking promotes innovation in legal practice, fostering growth and new service offerings.
10. Networking skills (online and offline): Building and maintaining professional relationships is essential for career advancement and client acquisition while fostering brand, thought leadership and authenticity.

I encourage all lawyers to seize the opportunities put before them with both hands to create the future they want. The alternative of throwing your hands up in despair is not a viable, healthy, or, quite frankly, realistic alternative. There are multiple futures of law – not just one. A diverse and inclusive society demands this, and rightly so.

Lawyers must continue to strive to become smarter, more diverse, and higher-value professionals capable of navigating the intersections of modern culture, law, business, and technology. This path is the key to securing their place in the evolving, dynamic world we live in.

Paul Ippolito is a futurist, consultant, coach and speaker.