This widely acclaimed legal bestseller has provoked a tidal wave of debate within the legal profession, being hailed as an inspiration by some and as heresy by others. Susskind lays down a challenge to all lawyers, and indeed all those in a professional service environment. He urges them to ask themselves, with their hands on their hearts, what elements of their current workload could be undertaken differently - more quickly, cheaply, efficiently, or to a higher quality - using alternative methods of working. The challenge for legal readers is to identify their distinctive skills and talents, the capabilities that they possess that cannot, crudely, be replaced by advanced systems or by less costly workers supported by technology or standard processes, or by lay people armed with online self-help tools.
In the extended new preface to this revised paperback edition, Richard Susskind updates his views on legal process outsourcing, courtroom technology, access to justice, e-learning for lawyers, and the impact of the recession on the practice of law. He analyzes the four main pressures that lawyers now face (to charge less, to work differently, to embrace technology, and to deregulate), and reveals common fallacies associated with each. And, in an entirely new line of thinking, Susskind argues that law firms and in-house departments will have four business models from which to choose in the future, and he provides some new tools and techniques to help lawyers plan for their future.
Susskind argues that the market is increasingly unlikely to tolerate expensive lawyers for tasks (guiding, advising, drafting, researching, problem-solving, and more) that can equally or better be discharged, directly or indirectly, by smart systems and processes. It follows, the book claims, that the jobs of many traditional lawyers will be substantially eroded and often eliminated.
I’m reminded of Blair’s treacherous mission for Frank Field – “think the unthinkable”. He did and got sacked! Susskind is made of different stuff (I hope) with this rethink on the nature of our legal services.
Academic Susskind has been thinking the unthinkable here, too. It’s worth it after inconclusive attempts by Labour to introduce new packages on legal services, a commission, far too much regulation, and a “push me, pull you” policy on conditional fee agreements so we don’t really know where we are or what direction we are going in- and whether we are even allowed to question the future because it is not the ‘done thing’ and we should just take what is meted out from the government.
However, the next decade should be the decade of change for us as IT takes over and those carbon copies find their final resting place in the ‘V & A’. The author used a novel method to test his theories after his forerunner “The Future of Law”, and was clearly delighted with the responses contained in his selected quotes from nine eminent people on the dust jacket: comments which are both sensible and constructive.
This book does present a scary future, but it’s one we can manage, without Shakespeare’s remedy - ‘first, let’s kill all the lawyers’ - which is what some of Susskind’s imagery may conjure up for less secure lawyers. The thesis is about our continuing structure, how we deliver our services to the client and the state, and it should also be about what rights we have as lawyers fulfilling our functions as a career under continuous professional development policies- and about democracy within the legal profession which, for some, seems missing with our professional bodies.
So where does Susskind take us in his 8 chapters? The answer is along a road driven by 2 forces:
• by a market pull towards the commoditization of legal services; • by the pervasive development and uptake of new and disruptive legal technologies; and • our jobs.
The problem is that everyone else has the same problems just now so there’s a need for a constructive approach by all (in other words, the government). Mixed with this will be the modern needs of lawyers, their physical and psychological profiles and wants, and the way in which business and society has adapted to new conditions so far.
I feel Susskind has made an excellent start by opening up this debate but we have a long way to go as the digital era takes effect. But what happens then? I would suggest that whilst the basics of representation and advice remain even with IT, the prognosis and implications in his conclusion should be read and re-read.
The author talks finally about motive- this is actually the beginning of a new structure for legal services which will always be needed in a civilized society. His parting aspiration that these services should be quicker, better, cheaper and more widely available is right (of course they should), but it hasn’t worked in the past so why should it work in the future just because of IT! Susskind’s rethink must be positive because as a newly famous American has just said “yes, we can”. I think we can, so there is no end of lawyers, just a new beginning so the end is nigh has been postponed…indefinitely.
Reading a 2010 publication at the end of 2020, I'm a little disturbed by how much Richard Susskind's predictions materialized and how much legal practices evolved in just a decade (they didn't have law blogs, law podcasts, automated form contracts...?!). Some of the other predictions do seem to be what you'd find from a non-tech person's wishlist, although the lack of progress there (I suspect) could be due more to a lack of industry attention than technical limitations.
I wish the author took a little more time addressing the role of the regulatory landscape (e.g., in the US, the 50 states have different requirements) and educational infrastructure (barrier to entry and the associated prestige of the profession). But overall it's still relevant for 2020 (or 2021 for that matter).
This book was interesting and thought provoking. Although not for everyone (even not for people in the law), the ideas and concepts discussed will affect both lawyers and those who use lawyers. While I did not agree with everything the author concluded and proposed, the arguments were persuasively put and were as a result of well measured, considered responses.
Particular mention must be made of the fact that the author posted chapters and ideas of the text online as he was writing it, to receive more immediate feedback that a traditional text timetabling would. I did not know that and it will be interesting to see whether any benefits and detriments of this writing and publishing style attracts other writers. I suspect not, but it wouldn’t be a bad thing if more texts considered, if not did, it.
Overall, a very interesting text that those involved and interested in the future of law should read (push through some of that dense text).
This book just felt very dated to me, a sort of "prediction" mired in obvious observations. I assume that the book was groundbreaking ten years ago, but it felt very flat. I also felt that many of the author's assumptions about technological innovation lacked deeper reflection. What about professionalism? What about maintaining client confidentiality? What about the challenges of maintaining IT staff to support your twelve new platforms? And, the most obvious question to me, how much TIME does all this technology really save? In the example of IM or text answers: wouldn't a lawyer need to review the file, think about it, maybe talk to a colleague before answering? In other words, it's not just the medium of responding that takes time. None of these seemed to be even considered, let alone analyzed.
I agree that this book was a difficult scholarly read, with more reference to application in UK than the US, however, the issues presented are of major importance, and Susskind poses some very interesting queries that all lawyers need to seriously and carefully consider. My view after reading the book - We must not allow dinosaurs to continue to hold us back!
On the lighter side I did note that being from Scotland he had to reference single malt scotch at least once, notably toward the end of the book.
A controversial and thought-provoking read from the UK. The author condenses his 20 years experience into a critique and vision of the modern legal system. For the entrenched, old-school lawyers the future is bleak. For the modern entrepreneurial practitioner, the future holds a bewildering set of challenges and opportunities. Not every section will apply to folks with different experience and backgrounds. Five stars if the book had provided more up to date, American examples. Of course the examples were circa 2010, ages ago!
I strongly agree with the thesis Susskind puts forth in this book; namely, that technology will significantly disrupt the legal industry and that most lawyers are not prepared for this change. However, the book itself is a tough read. It's both unnecessarily abstract and verbose. To be really helpful to its intended audience, I believe the book should be more direct, more anecdotal, and more prescriptive.
Again, love the ideas, but the presentation was lacking.
The book was issued in 2008. I would recommend more actual book from the same author, issued in 2013: Tomorrow's Lawyers: An Introduction to Your Future.
However even the second book is becomming dated with the spread of Qualified Electronic Signatures (look for EIDAS regulation in EU) and (decentralised) smart-contracts.
But the books deal with much more, so it is not straight outdated reading, and the reading is straight-forward.
Though this book was written in 2008, I would say that it is a must read for all practicing lawyers, and anyone interested in the legal profession. Susskind has been one of the foremost thought leaders on the way the legal profession is changing in terms of technology, delivery, service and access to justice. For someone who went to law school over 20 years ago, maintained their license, but pursued entrepreneurship such as myself , it helped open my mind and see the opportunities that exist for those who have not had "traditional career paths".
A great book about the future of legal business. Richard Susskind in 1990s predicted that in the future lawyers will mostly communicate with their clients via e-mail. He was correct. With this book he is going a step forward and some of his predictions are slowly coming true. Although this book is about eight years old it is worth a read for every lawyer or law student.
Sorting through old books. I read this one a few years back, when I was considering law school. Interesting read about technology & opportunities for innovation in the legal services industry. And despite the technical nature, an entertaining read.
The End of Lawyers gives an overview of the possible applications of IT in the legal field. It appears to be exhaustive in those applications at the time of writing (2008).
Susskind strongly argues for a futuristic legal world. Therr is the constant implication of change, backed with mainly personal anecdotes. To me personally this seems to be a way of interacting with reality aimed at a result, rather than a realistic view. Nevertheless he introduces enough nuance.
I think the book gives a great overview of the legal field of then, on the other hand I would not recommend this book if you are looking for more detailed inspiration.