Moving Toward a More Adaptive Legal Profession

We’re living through a time of profound change. We’ve perhaps become more aware of evolving developments around us and of the importance of being an active player for positive change in society, in our communities, and in our own lives. In recognition of this, and in alignment with a pillar of our 2022‒2025 Strategic Plan to Build a Better Society Through Brands, we’ve created “Stories of Change,” a feature article series that brings perspective to change in the global IP community. Read the first article in the series here.

Change is an inevitable part of life, and every profession must adapt to evolving circumstances and advancements. However, one group that has often been associated with resistance to change is lawyers. Despite the legal field undergoing significant transformations in recent years, many lawyers still exhibit a reluctance to embrace change.

Having spoken with many IP lawyers during INTA’s Annual Meeting in Singapore in May, I will explore here some of the reasons why lawyers may resist change and some of the potential strategies for fostering a more adaptive legal profession.

Why Lawyers Find Change Difficult

Tradition and Precedent

Lawyers are trained to uphold the law and navigate complex legal systems, which are deeply rooted in tradition and precedent. The legal profession places great value on stability and consistency, as they form the bedrock of justice. This emphasis on precedent creates resistance to change, as lawyers are often hesitant to deviate from established norms. Lawyers fear that embracing change might undermine the reliability and predictability of legal outcomes, potentially leading to confusion and uncertainty.

Risk Aversion

Lawyers are trained to mitigate risk and anticipate potential problems. They are accustomed to analyzing situations from all angles and minimizing potential liabilities for their clients. Consequently, lawyers may be more risk averse when they are faced with adopting new practices or technologies. They fear that untested changes might introduce unforeseen complications or create vulnerabilities that could harm their clients’ interests. This risk aversion can present a significant barrier to embracing innovation and change within the legal profession.

Time Constraints and Heavy Workloads

Lawyers often face demanding workloads, long hours, and high-pressure environments. Balancing multiple cases and meeting strict deadlines leaves little time for lawyers to explore new methods or technologies. When their responsibilities threaten to overwhelm them, lawyers may be hesitant to invest time and energy into learning and implementing changes. The pressure to deliver quick results can make lawyers resist change, as they perceive it as a potential disruption to their already packed schedules.

Lack of Technological Competence

Although technology has revolutionized various industries, the legal profession has been relatively slow in adopting this kind of innovation. Lawyers typically have not received extensive training in technological tools and so may lack the necessary skills to navigate and utilize them effectively. This lack of technological competence can create resistance to change, as lawyers may feel overwhelmed or intimidated by the prospect of incorporating new digital solutions into their practice. Without a solid understanding of the benefits and practicalities of technology, lawyers may be more inclined to stick to traditional methods.

Ethical Considerations

Lawyers are bound by ethical rules and responsibilities that guide their professional conduct. These rules ensure fairness, confidentiality, and integrity in legal proceedings. When faced with change, lawyers may be cautious due to potential ethical concerns. They may question how new practices or technologies align with their ethical obligations and whether these could compromise the principles that underpin the legal profession. Lawyers’ resistance to change can, therefore, stem from their commitment to upholding ethical standards and ensuring the protection of their clients’ rights.

Existing Profitable Business

One reason lawyers may resist change is because they already have a profitable business. The legal profession, especially for established lawyers with successful practices, can be financially rewarding. These lawyers have likely built a client base, established a reputation, and developed a profitable business model over time.

With a stable and lucrative business, lawyers may hesitate to disrupt their practice and embrace change. They may worry that adopting innovative technologies or methods could potentially jeopardize their existing client relationships or affect their bottom line. They fear that clients may prefer the tried-and-tested approach that has succeeded in the past, and if they deviate from that, dissatisfaction or loss of business could be the result.

Moreover, change often requires investments of time, money, and effort. Lawyers may be reluctant to divert resources away from their already thriving practices to implement new systems or undergo additional training. The potential disruption that comes with change can also create uncertainty and introduce risks that lawyers may prefer to avoid, especially when their business is flourishing.

Lawyers may also perceive their expertise and experience as a competitive advantage, which can further contribute to their resistance to change. They may believe that their tried-and-true methods have been effective in providing quality legal services, and they might be skeptical about the benefits that change can bring. Lawyers who have succeeded through traditional means may be inclined to stick with what has worked for them, rather than venturing into uncharted territory.

Embracing New Approaches

While resistance to change is a natural human tendency, the legal profession must evolve and embrace new approaches. Florian Traub, a partner at Pinsent Masons LLP in London, UK, told me during the Annual Meeting:

Change will necessarily have to come step-by-step. “It is important to balance the need to change with the need to maintain ethical and regulatory standards,” Mr. Traub added.

Strategies that can help lawyers overcome their resistance to change include the following:

• Education and Training: Providing lawyers with comprehensive education and training on emerging technologies, alternative ways of protecting and enforcing their clients’ IP rights, and new legal practices can empower them to embrace change. This training should focus on demonstrating the benefits and practicality of these innovations.
• Gradual Implementation: Instead of implementing sweeping changes all at once, a gradual approach can help lawyers become more comfortable with new technologies and tools. Small-scale pilot projects can demonstrate the efficacy of new tools and processes and alleviate concerns before wider adoption.
• Collaboration and Knowledge Sharing: Encouraging lawyers to collaborate and share experiences can create a supportive environment for embracing change. Platforms for exchanging ideas, best practices, and success stories can help lawyers understand the positive impact that change can bring to their profession.
• Addressing Concerns and Providing Support: Recognizing and addressing the specific concerns that lawyers have about change is crucial. Providing support systems, such as mentorship programs or access to experts in the field, can help alleviate fears and provide guidance during the transition process.
• Highlighting Benefits and Opportunities: Emphasizing the potential benefits and opportunities that come with embracing change can motivate lawyers to overcome their resistance to change. Lawyers who embrace change can look forward to the following benefits:
  • Streamlined processes;
  • Improved efficiency; and
  • Enhanced client experience.

6. Opening Communication Channels: Establishing open communication channels within the legal profession is essential for fostering a culture of adaptability. Lawyers should feel comfortable sharing their concerns, ideas, and experiences regarding change. Creating forums for dialogue and feedback can promote a more inclusive and collaborative environment.
7. Leadership and Role Models: Strong leadership within the legal profession can play a pivotal role in driving change. Leaders who support and advocate innovative practices can inspire others to follow suit. Identifying and showcasing role models who have embraced change successfully can serve as powerful examples for lawyers who hesitate to adapt.
8. Monitoring and Evaluation: Regularly monitoring and evaluating the impact of changes within the legal profession is crucial. Gathering data, soliciting feedback, and measuring outcomes can provide valuable insights into the effectiveness of new practices. This information can be used to refine and improve approaches to change and address any concerns or challenges that arise.

Change Will Come, Eventually

Change is a necessary aspect of any profession, including law. The legal landscape is constantly evolving, and embracing change can offer opportunities for growth, efficiency, and improved client experience. While one can understand why lawyers may be cautious about disrupting their profitable businesses, they must recognize the long-term benefits of adapting to a changing world. A recent Thomson Reuters Institute survey illustrates that the legal profession is awake to these calls: Most law firms surveyed (82%) said they believe that ChatGPT and generative artificial intelligence could be applied to legal work. A much smaller proportion (51%), but still a majority, expressed their opinion that ChatGPT and generative artificial intelligence should be applied to legal work.

Tech-savvy lawyers have an advantage in today’s digital age as they can take advantage of technology to streamline their work processes and improve their efficiency. “Understanding tech helps me in my day-to-day practice,” Julius Berg Kaasin, a partner at Braekhus in Oslo, Norway, said. “It also helps me to better understand and utilize emerging technologies in the legal field, such as artificial intelligence and blockchain,” he added.

By embracing change, lawyers can:

• Enhance their practices;
• Stay ahead of the competition; and
• Cater to the evolving needs of their clients.

It is crucial for lawyers to find a balance between maintaining successful business models and being open to innovative approaches. By carefully assessing the potential benefits, minimizing risks, and gradually incorporating change, lawyers can ensure the sustainability and continued success of their practice while adapting to the demands of a dynamic legal landscape.

One can put lawyers’ resistance to change down to various factors, including tradition, risk aversion, time constraints, technological competence, ethics, and prosperous existing business model considerations. However, the legal profession must adapt and embrace change to keep pace with a rapidly evolving world. Embracing change can lead to:

• Improved efficiency;
• Enhanced client experience;
• Higher profits;
• Happier clients; and
• A legal system that is better equipped to meet the needs of a changing society.

By providing education and training, implementing changes gradually, fostering collaboration, addressing concerns, highlighting benefits, promoting open communication, showcasing leadership, and monitoring outcomes, the legal profession can overcome resistance and move toward a more adaptive future.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

© 2023 International Trademark Association