The New Economy and the Virtual Law Firm
of the Future
Introduction
Change in
Structure of the Legal Profession
Time
Place and Space
Shifting Tasks to
Low Cost Labor
Tangibility
Disintermediation:
Unbundling Legal Services
Targeted Marketing
Examples of Law
Firms With A Presence on the NET
Introduction
One would not use farm models to
manage a factory economy, and one shouldn't use factory
models to manage an information economy. One hallmark of the
new economy is the need to define business in terms of
customers' changing needs. Defining a law firm from the
producers' the lawyer's point of view is simply
no longer workable and will have vast implications for the
practice of law and the structure of law firms. Information
technology enables an organization to differentiate itself
along several critical dimensions: 1) time; 2) space; 3)
matter; 4) substitution of electronically-based information
service for high-priced labor; 5) elimination of
intermediaries through direct contact with the customer; and
6) customization of product or service to the particular
needs of the single individual.
The rise of information technology
within the legal profession will have unanticipated
consequences as the technology shifts from being the servant
of our wishes to master of our destiny. The technology may
soon escape lawyers control, change their routines,
challenge the inefficiencies they enjoy as well as create
opportunities for new forms of law firms and law practice.
Change in
Industry Structure;
There is ample evidence that the legal
industry is ripe for change and restructuring. According to Peter
F. Drucker there are four early indicators that are near-certain
warnings that a major industry is about to undergo major
structural change:
- The most reliable and the most easily
spotted of these indicators is rapid growth of an
industry.
- The way it perceives and services it's
market is likely to have become inappropriate.
- The convergence of technologies that
were previously seen as distinctly separate.
- An industry is ripe for basic
structural change if the way in which it does business is
changing rapidly.
All of these indicators are now present in
the legal profession. Peter Drucker's perceptions about
structural industry change are uncanny:
During the past year,
large law firms continued to contract, hiring of recent law
school graduates continued to decline, and several major law
firms throughout the country failed. These trends continue to
accelerate. This precipitous action is a harbinger of the major
contraction that the profession will soon undergo within its
various sectors.
The emerging
technology now makes possible the creation of a law firm which
offers legal services that exploits the benefits of new
information technology and uses those benefits to create an
explicitly competitive strategy. In the new economy, enterprises
that incorporate the benefits of advanced information technology
will have a major competitive advantage of those that do not.
Time
Consumers need products and services any
time (i.e. in their time frame, not the providers). Producers who
deliver their products and services in real-time relative to
their competitors, will have a decided advantage. Operating in
real-time means no lag time between identification and
fulfillment of the need.
Place and Distance
"Any product that is information
based, whether in the form of sound, image, words, or data, can
probably be adapted to any time, any place delivery. As Stanley
Davis has accurately written:
Low Cost Labor Base
Stanley Davis has also
written:
Tangibility
Increasingly the
intangible component of products and services is increasing at
the expense of the tangible component. What usually gives a
product or service value, is its information content - its
intangible aspect. The higher the knowledge content the more
valuable the product is to the consumer or client.
Intangibility makes
it difficult to locate the producer of the product or service in
time or space. The increasingly important factory of the future
is represented by the software factory. This is only partly
because it is in the central field of the new economy,
information processing. More important, it is "because it
represents the research, design, development, engineering,
manufacturing, distribution, marketing, sales, service, and
administration of intangibles., the increasing economic value of
no-matter." The factory of intangibles, is the more likely
candidate for the organizational model of the future.
Intermediaries:
Unbundling Legal Services
As our economy has become complex, the
number of intermediaries in the chain between the consumer and
the goods or services to be consumed has increased, each
supposedly adding value by their contribution along the way.
Disintermediation consists of any direct transaction or exchange
of goods and services that bypasses a middleman, professional,
specialist, or institution that is normally involved in such a
transaction. The more intermediary a job or business is, the more
vulnerable it is to disintermediation. The lawyer is the classic
intermediary, acting as a broker, between the individual or
corporation and our legal system. In every sector of our economy,
disintermediation is creating major business opportunities by
reducing the value-added chain to its most efficient number.
Mail-order is one of the fastest growing sectors in retailing.
Videocasette recorders are disintermediating television and movie
theaters. HMO's are a disintermediating agent in health care. And
do-it-yourself is disintermediating a host of fields.
Disintermediation is also having an impact
on the professions. Vocationally, intermediation is synonymous
with overspecialization. Disintermediary livelihoods can be
described as activities that cut across the narrowness and
over-specialization of law, medicine, and education. The
paralegal profession is disintermediary because it provides the
option of a less specialized professional which is appropriate to
the problem to be solved. "There are times when you need a
doctor and times when you go to the drugstore and get an
aspirin...It is the same with lawyers." claims Arnold S.
Goldstein, a Boston attorney with Meyers, Goldstein & Kosberg
who has written several self-help law books.
Service economies are reacting and
adjusting to having too many intermediaries. Every intermediation
adds costs that are passed on to the consumer. Eliminating
intermediation is one of the key ways to being the least-cost
producer. The more intermediary a job or business is, the more
vulnerable it is to disintermediation." The lawyer is the
classic intermediary. Eliminate the lawyer in its traditional
form and the cost of the legal product can be reduced
dramatically. Because the lawyer cannot be eliminated from the
legal transaction without major regulatory reform, which is
unlikely, it becomes critical to design law firms where the
lawyer's role is optimized without introducing diseconomies of
scale.
Examples of Law
Firms With A Presence on the Net
- Aaron & Aaron, Barristers &
Solicitors,Toronto,
Ontario, Canada
Adams and Reese Law Firm New Orleans, Baton Rouge, Houston,
Mobile and D.C.
(ALeRT) Allied Lawyers Response
Team
- The Alexander Law Firm
Arent, Fox, Kintner, Plotkin, & Kahn
Arthur S. Alexion Law Offices
Law Offices of Lesley Ann Ash
- Bailey, Harring and Peterson
Barron & Stadfeld, P.C.
- Law Office of Richard K. Berger
- Law Offices of Mark Bernsley
- Laura E. Blau
- Law Offices of Bowie & Jensen
Brobeck, Phleger & Harrison's Online
Legal resources
Timothy B. Broderick
Browning and Company
- The Law Firm of Buckley, Montgomery, Le
Chevallier & Lindley P.C.
- The Law Firm of Buschmann, Carr & Shanks
P.C.
- Canadian Immigration
CaseLaw Update , Florida
- Chown, Cairns Barristers and
Solicitors ,St.
Catharine's, Ontario, Canada
Cohen Berke Law Firm - Miami
- Collier & Associates Law Firm
Colson, Hicks, Eidson, Colson, &
Matthews, Miami,
Florida
Connell Foley & Geiser Web Site
- Cooley Godward
- Clifford Chance
W. L. Clyatt Immigration Law
Law Offices of Dennis Spencer
Kahane San Ramon,
California
Divorce, Mediation, and California
Family Law San
Diego, California
Eaton Law Firm
Edge & Ellison U.K.
- Elisha, Ekimoto & Harada
Fenwick & West
Fliesler, Dubb, Meyer & Lovejoy
Foreman Law Firm
- Fox Williams, London, UK
Alan M. Gahtan
- Law Offices of Robin Diane
Goldstein
Law office of Sheldon S. Goodman
Hale and Dorr Information Center
R. Mark Halligan, Esq.
Harbottle & Lewis UK
- Heller, Ehrman, White, &
McAuliffe
Hoskin, Graham & Brannelly
Peter Huber
Ice Miller Donadio & Ryan
Immigration Law for the People
International Lawyers
Investors Arbitration Services
Irell & Manella
- Los Angeles, California
- Christina L. Johnson
Jonathan Taylor Legal Agency
- New Zealand
- Law Office of Kirsten Keith
Kenneth P. Koury, Esq.
- Los Angelese, California
- Kramer Levin
Jeff Kuester's Technology Law
Resource
Lackenbach Siegel Marzullo Aronson
& Greenspan, P.C.
Law Office of Robert J. Larson
- Eugene, Oregon
- Lester & Associates
Charles D. Lienaux
Ralph C. Losey - Attorney at Law
Macdonald Rudder
- Perth, Western Australia
- Roger H. Madon, P.C.
Deepak Malhotra
- Spokane, Washington
- Law Offices of Daniel H. Malvin
McCarthy Tetrault, Canada's National Law
Firm
- Canada
- The Law Offices of Murry A. Marks,
J.D.
McBride Baker & Coles
- Chicago, Illinois
- Meyer, Fluegge & Tenney, P.S.
Meyer, Hendricks, Victor, Osborn
& Maledon
- Jerome P. Mullins
Munsch Hardt Kopf Harr & Dinan,
P.C.
- Dallas, Texas
- Sheela Murthy
James Nelson
Nexsen Pruet Jacobs & Pollard,
LLP
- South and North Carolina:
Columbia, Charleston, Greenville, Charlotte
- Oppedahl & Larson Patent Law Server
James Ostrowski, Attorney at Law
- Buffalo, New York
- Pepper & Corazzini
- Law Offices of A. Peter Rausch, Jr.
- Stockton and San Francisco,
California.
- Reinhart, Boerner, Van Deuren, Norris, &
Rieselbach, s.c.
Reynolds, Mirth, Richards &
Farmer
- Edmonton, Alberta, Canada
- Roderick, Myers and Linton
- Ohio
- Russell McVeagh McKenzie Barleet & Co.
- New Zealand
- Sabo & Zahn
- Chicago, Illinois
- Saul, Ewing, Remick and Saul
- Philadelphia, Harrisburg and
Malvern, PA, Wilmington, DE, Trenton, NJ and New York, NY
- Law Offices of C. Matthew Schulz
Shepstone & Wylie
Peter Sim
Siskind
The Skornia Law Firm
Small, Craig & Werkenthin, P.C.
Smith Debnam Hibbert & Pahl
Sokol & Timmons, P.A.
Squires & Lopez
Sullivan Ave & Holston
- Dallas, Texas
- Thierman Law Group
Tilly & Ward
Thomson & Thomson
Venable, Baetjer, Howard &
Civiletti
- Washington/Baltimore
- Venture Law Group
- Menlo Park, California
- John P. Weil & Co.
Wells, St. John, Roberts, Gregory
& Matkin, P.S.
Wilson, Sonsini, Goodrich & Rosati
Womble Carlyle Sandridge &
Rice, Attorneys at Law
Wyche, Burgess, Freeman &
Parham, P.A.
- Greenville, SC