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Modern Law Magazine Issue 66

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INDEPTH<br />

INDEPTH<br />

“I encourage all lawyers to seize the opportunities put before<br />

them with both hands to create the future they want.”<br />

We are living through a values revolution with societal issues such as<br />

climate change & sustainable energy, diversity, equity and inclusion<br />

and environmental, social responsibility and governance at the fore.<br />

I spend a fair bit of time convincing people<br />

that there is indeed a future for lawyers.<br />

This includes the next generation of them.<br />

I do this through a few different lens – as<br />

a practising lawyer, law firm principal,<br />

lecturer in law, business coach, speaker<br />

and as a futurist.<br />

I want to share with you my views<br />

regarding what future may hold for the<br />

next generation for lawyers, the culture<br />

that lawyers will need to create, thrive in<br />

and embrace, the skills they will need to<br />

have and what their career expectations<br />

might be expected to be.<br />

Starting straight off the bat, I believe the<br />

future of lawyering for the next generation<br />

is a bright one.<br />

This is of course a qualified view, one<br />

being contingent upon lawyers continuing<br />

to be as resilient, smart, and pivoting<br />

when they need to be, as the successful<br />

ones have done for decades now.<br />

The “do nothing,” “everything will be<br />

right” and “the world is ending” view<br />

of the future of lawyering is no longer a<br />

viable one.<br />

In essence what I am saying here, is that<br />

you are responsible for your own future<br />

of law.<br />

The Culture of the Future<br />

Generation of <strong>Law</strong>yering.<br />

Let’s start off with legal services culture.<br />

There is little doubt that lawyers will<br />

need to continue to successfully navigate<br />

what I call the cultural battle between<br />

legacy and future, old versus new, push<br />

versus pull in respect to the vast societal<br />

changes that have and are occurring as<br />

we speak post pandemic.<br />

Nothing will return to the same as 2019,<br />

everything else is up for grabs and capable<br />

of transformation – legal practice included.<br />

Look at the way that hybrid work and service<br />

delivery is being redefined as we speak.<br />

We are clearly different post pandemic and<br />

have undergone and continue to undergo<br />

a values revolution with respect to all<br />

aspects of our lives. <strong>Law</strong>yers are left and<br />

centre of this – themselves personally and<br />

through the impact on their clients and<br />

the firms they operate within. Diversity,<br />

equity and inclusion and environmental,<br />

social responsibility and governance are no<br />

longer trendy buzz words of the moment.<br />

These are no simple issues but ones that<br />

will play out over the next 3-5-10 years,<br />

then determining how legal services are<br />

delivered into the future.<br />

“I believe the future of lawyering for<br />

the next generation is a bright one.”<br />

The Next Generation<br />

Legal Market<br />

Everything post pandemic takes longer,<br />

is more complicated, more contentious,<br />

difficult, and a lot of times has no simple<br />

answers attached to its solutions. These may<br />

be challenges but they are also opportunities<br />

for lawyers to be front and centre.<br />

The lawyer is the “go to person”, the trusted<br />

advisor and the ethical legal influencer of<br />

the modern post pandemic client – again<br />

providing more opportunities for lawyers<br />

who know how to market, brand and sell<br />

their services as well as provide these better,<br />

quicker and for more bang for dollar.<br />

The Myth of Technology<br />

Supplanting <strong>Law</strong>yers<br />

It has annoyed me over many years now<br />

when I hear hype such as “the robots<br />

are coming...and they will replace all<br />

the lawyers!”. There is no chance that<br />

lawyers will ever be completely replaced<br />

by technology – be it Generative AI or<br />

otherwise.<br />

The key word here, is of course<br />

“completely”.<br />

Will there be substantial changes along<br />

the way? The answer is invariably yes.<br />

These changes will invariably continue to<br />

affect all lawyers and parts of all lawyers’<br />

jobs, whether they like it or not.<br />

I ask you to look at the second order<br />

effects that are occurring in society for<br />

guidance regarding change and growth.<br />

Take digitalisation as an example, as<br />

more aspects of life move online, new<br />

challenges have arisen out of things<br />

such as data privacy to cybersecurity<br />

to cybercrime. This has led to a surge<br />

in demand for lawyers in these areas,<br />

creating whole new niches. It has also<br />

changed fundamentally the way we<br />

practise law digitally and online each day.<br />

There is a myriad of megatrends that<br />

will enact second order effects that<br />

lawyers will be the “go to” person for.<br />

Watch this space.<br />

AI’s Role in Future Generation<br />

Legal Practice<br />

The elephant in the room is AI.<br />

My view is that yes, Generative AI is<br />

and will continue to take “some” parts<br />

of lawyers’ jobs, parts that lawyer will<br />

quite possibly welcome them taking –<br />

being some of the routine, repetitive,<br />

mundane and the unfulfilling. It assists<br />

with the better, faster and cheaper client<br />

expectation of lawyers.<br />

Apart from that, Generative AI currently<br />

is at best augmented side by side<br />

technology, which will get better and<br />

better as it is “stuffed” into everything<br />

lawyers do.<br />

The Evolution of the Future<br />

Generation <strong>Law</strong>yer’s Role<br />

The action for lawyers and where the future<br />

of lawyering ultimately lies, is with clients.<br />

Both existing and new ones, known and<br />

emerging. Servicing them in new innovative<br />

ways, branding to them, and marketing to<br />

their needs, and ultimately selling value in<br />

real and dollar terms for things they did not<br />

even know they wanted or needed or that<br />

lawyers could deliver.<br />

The lawyer of tomorrow will need to be<br />

able to make it “rain” more than ever as<br />

Generative AI will redefine the law firm<br />

food chain.<br />

<strong>Law</strong>yers need the confidence to<br />

leverage both their legal knowledge and<br />

experience into their client’s business<br />

and those who can add value beyond<br />

their existing legal set of skills will be<br />

indispensable to their clients.<br />

The trusted advisor, ethic legal influencer<br />

and “go to” person roles that lawyers<br />

have become post pandemic should be<br />

capitalised upon.<br />

Emerging Areas in Next<br />

Generation Legal Practice<br />

New areas of legal practice will continue<br />

to open at scale along with an increasingly<br />

complex society.<br />

Blockchain, cryptocurrencies and AI are<br />

“established” emerging areas of legal<br />

practice that were almost non-existent five<br />

or six years ago.<br />

Watch autonomous vehicles, the<br />

metaverse, green technology and<br />

neurotechnology to name a few.<br />

Looking at technology compliance and<br />

accountability, we can already see the<br />

scale of legal advice (and litigation)<br />

increasing with the ever-increasing<br />

regulatory and societal scrutiny.<br />

This also does not deviate from the<br />

enormous amount of technology that is<br />

also already implicit within each area of<br />

existing legal practice (and that the lawyer<br />

needs to be au fait with).<br />

All of these are creating more legal work<br />

and scope for lawyers.<br />

Essential Skills for Next<br />

Generation <strong>Law</strong>yers<br />

We are living through a values revolution<br />

with societal issues such as climate change<br />

& sustainable energy, diversity, equity<br />

and inclusion and environmental, social<br />

responsibility and governance at the fore.<br />

All these are firstly complex issues, that<br />

society will require legal advice and<br />

secondly require different skills and<br />

mindsets to navigate in legal practice.<br />

The lawyer of the next generation<br />

therefore needs more:<br />

• emotional intelligence<br />

• social awareness<br />

• commercial awareness<br />

• of an agile mindset<br />

• curiosity<br />

• future thinking focus.<br />

• to be more collaborative.<br />

• network better than ever.<br />

Conclusion<br />

I encourage all lawyers to seize the<br />

opportunities put before them with both<br />

hands to create the future they want.<br />

The alternative of throwing your hands<br />

up in despair, is not a viable, healthy, or<br />

quite frankly realistic alternative.<br />

Paul Ippolito can be contacted<br />

through the website<br />

www.paulippolito.com.au.<br />

Paul Ippolito,<br />

Futurist and <strong>Law</strong>yer, Ippolito <strong>Law</strong>yers.<br />

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