Evolving Legal Markets
December 1, 2015 I Tennessee Bar Journal I William L. Harbison
Last month, my wife and I attended our 35th law school reunion. One of our classmates, David Wilkins, is a distinguished professor at Harvard Law School, and he has been working for some time on changes within the legal profession. He spoke to a large crowd of alumni about the “disruptive changes” that are occurring in the delivery of legal services.
David is conducting extensive research into this topic. By “disruptive change,” I believe he means things such as lawyer ratings firms and legal form providers, which are morphing into prepaid legal insurance providers and instant brief service firms. Heavy ($140 million) capital infusions are leading to saturation mass advertising. The ABA is even piloting a program in three states.
Nationally, “big law” saw its business model compromised by the great recession and with the recovery clients have continued to demand more for lower costs. Clients are increasingly turning to legal process outsourcers and bringing routine work in-house. There has been an explosion of online dispute resolution services, with private entities resolving traffic tickets, customer warranty claims, and an ever-expanding list of disputes.
Here in Tennessee, I suspect that most of us have sensed these changes in some ways, but the changes are not well defined. At the ABA level, many leaders want to embrace the changes and prepare the profession to think about different models for delivering legal services, while many others wish to resist the changes with tools such as unauthorized practice and regulation. Some think that there is a large market for legal services that is being missed by traditional law practice and the ways in which legal services are priced.
Where the profession is going seems to be somewhat up in the air.
To plot a course here in our state for how the organized bar can remain relevant to the needs of our justice system and the profession, the TBA is appointing a Special Committee on the Evolving Legal Market. The committee will examine these trends in depth, recommend ways in which the TBA can assist lawyers in adapting, and drive an examination of any regulatory changes needed to protect the public and justice system as these changes occur around us.
I hope that all of you will follow these developments and that the TBA can help lead the way to keeping our profession strong and vibrant in Tennessee.
