EVOLVING THE BUSINESS

OF LAW
- Expanding Access -
WHAT IS OUR FUTURE?
CURRENT TRENDS ARE NOT PROMISING

Companies Curb Use of Outside Law Firms

Many companies are cutting back on their use of outside law firms, and
having staff attorneys handle midlevel deals or contracts.
ONLINE.WSJ.COM|BY JENNIFER SMITH
THE UNTAPPED LEGAL MARKET
200,000,000 AMERICANS
WE MUST
WHAT
DO
THE
DOIREMOVE
CANNEED
I LAWYER
CONSUMER
NEED THE OBSTACLES
A ADVICE?
LAWYER?
I AFFORDIS PATH
BEST?
IT?

COST? SUCCESS!
WHO?
LAWYER?
ADVICE??
WE MUST EVOLVE TO SERVE CONSUMERS
WE MUST EDUCATE CONSUMERS
WE MUST OFFER MORE CHOICE
 RATINGS AND REVIEWS
ADVERTISING
SPECIALIZATION
WE MUST EMBRACE BRANDING
WE MUST REDUCE COST
THE “SMALLAW” DILEMMA
Junior-level work by senior attorneys
Paralegal and administrative tasks
Unbilled and uncollected hours
Finding and retaining clients
Managing client complaints
Training, technology and process

NOT THE PRACTICE OF LAW

WE MUST BUILD A NEW BUSINESS MODEL
A NEW BUSINESS MODEL EXISTS TODAY
A BRIEF HISTORY

• New South Wales (Australia): 2001

• The “Clementi Report”: 2003 - 2004
Research shows that complaints arise as much from
poor business service as from poor legal advice. If
certain lawyers continue to reject the notion that
they are in business, such complaints will continue
until they are indeed out of business.

• The Legal Services Act: 2012

2007
2011
• ABA 20/20 Commission: 2012
• ABA Resolution 105: 2016
WHAT IS AN ABS?

• It is a law firm
• It has additional regulatory oversight,
compared to other firms
• Filings and review
• Dedicated executive officers (COLP and COFA)
• It may receive investment from non-
lawyers
• It may grant equity to non-lawyers
SO WHAT? WHY SHOULD WE ALLOW THEM?
WHAT DO THESE HAVE IN COMMON?
HOW ABOUT NOW?
SOME BIG COMPANIES
THESE ARE “HEALTHCARE ONLY” COMPANIES
DEEP HEALTHCARE INVESTMENT
HEALTHCARE + DEEP HEALTHCARE INVESTMENT
 HERE IT IS WITHOUT “NON-DOCTORS”

Largest and Best-Known Hospitals

Largest Drug Companies

Millions of lives lost or shortened through eliminating

drugs, hospitals, medical devices, and means of
payment

$2.5T and 5MM jobs – 14% of GDP

WHAT ABOUT ETHICS AND PROTECTION?
CONCERNS ABOUT NON-LAWYER OWNERSHIP
• Erosion of ethical duties

• Compromising attorney-client privilege

• Failure to show the promised outcome

 EROSION OF ETHICAL DUTIES
• Attorneys are specially trained in professional
responsibility

• Attorneys currently in non-lawyer owned

structures

• The big concern: Profits over ethics

 ATTORNEY-CLIENT PRIVILEGE
• Not currently an issue, where attorneys work for
non-attorneys

• Not currently an issue, where attorneys work with

non-attorneys

• Not currently an issue for parallel professions

 WHAT IS THE PROMISED OUTCOME?
• Partnership track: Attract, Retain, Motivate

• ULTIMATELY: Produces partners

• This posture in fact excludes…

THE PROMISED OUTCOME: WHAT CHANGES?
• Marketers: Most A2J problems stem
from failure to recognize the problem

• Operations: Do more, help more

• Logistics: Reach more people where

they live
• Technology: Improve access, metrics,
intelligibility and more
• Specialists: Provide care at an
affordable rate – with supervision
 DON’T BELIEVE ME? JUST WATCH!

• Beaumont is a law firm

headquartered just outside
Leeds
• Primary focus is conveyancing

• Lawyers will practice law,

operations will provide ops,
technology will provide tech
“Can we evolve our profession to
ensure its future?”