Why you and I still have an important role to play.

By Stephen Mcphee

This issue of BarTalk has technology as its theme. And why not? Few (if any) of us can go through any day without accessing technology in multiple ways.

My first few months as President have seen me log many miles on my iPad, laptop and Blackberry and I am doing as much work out of the office as I am when I am in the office.

My calendar and email are synchronized in real time. I can read and respond to complex questions that come with pages of attachments while waiting for a flight anywhere I have 3G access. While in Kelowna, I can negotiate a settlement with a lawyer in Nanaimo for a client who lives in Calgary.

But what does that mean for us in real terms?

Futurists predict that we will solve all the problems of the world with rapidly evolving technological solutions.

Legal futurists predict a wholesale change to our profession as a result of technological changes to the way we assemble, categorize, store and share data.

What then is the role of the lawyer in this technological environment?

We can turn to film to see variations on a common theme – when people put all their faith in technology to solve their problems, technology can go haywire. Then the underdog human hero destroys the “mainframe” and order is restored when people realize they still have some role to play in the world.

I Robot, 2001: A Space Odyssey and Eagle Eye showed us that super-intelligent machines are no answer to the complex problems facing humans. In the end, Will Smith has to overcome rogue robots, Dave has to unplug Hal and Shia LaBeouf has to destroy the government supercomputer.

But there is no doubt that technology is changing the way we live and work.

Richard Susskind is well known for his futurist legal predictions. At the CBA conference in Niagara, he spoke about the evolution of certain practice areas and how legal services are being commoditized. This is particularly relevant to the handling of vast numbers of documents or transactions that are or can be standardized.

He highlighted that the role of a lawyer, in his view, is to become the strategist, the manager, the expert and the risk manager. That is what the real value of our training and experience is to our clients. Right?

Richard does not see technology replacing lawyers, and likewise it is important for us to realize the limitations of technology. Technology will not solve our access to justice challenges nor will it replace the lawyer who provides guidance to clients in an increasingly complex world.

I attended a number of hearings for the Public Commission on Legal Aid. At those hearings, the recurring theme was that people who have legal problems are not equipped to navigate a technological portal to access advice and help. They desperately need a “trusted stranger” who has the expertise and training to assist them.

Technology can help us be more flexible in how we structure our offices and working life. It can also help us deal with masses of data in a more efficient way. Then there is the ability to search those files electronically, which is truly magical.

I don’t want to criticize measures and programs that are in place and in development to use technology in a more effective way in our justice system. Those measures are necessary. I just want us all to remember the role of people – the important role of lawyers in our justice system, and be pragmatic about the real benefits of technological changes.

This article was published in the December 2010 issue of BarTalk. © 2010 The Canadian Bar Association. All rights reserved.