Pre-Digital Lawyers' Story

AuthorAdam Newhouse
Pages1-2
1
PART ONE
Pre-Digital Lawyers’ Story
Overview of Part One for the Busy Lawyer
The 1977 U.S. Supreme Court decision in Bates v. State Bar of Arizona
relaxed a former ban on lawyer advertising, steering the profession onto
a dramatically new course. With the new freedom to talk to the press,
we suddenly aspired to Hollywood-like fame and glory. But the law
as a stepping stone to stardom did not sit well with our clients. Soon
the media would write a radically different story about us, a tawdry
tale that put an ominous spin on our long-standing relationships with
clients.
First, the media, with their magnified reach and relish for sensation,
did not stop at reporting on our financial and other private matters. By
defining and spotlighting financial performance categories for lawyers
and their law firms, the media goaded us to compete against each other.
Sadly, we didn’t need much encouragement to join the fray. Piece by
piece, we dismantled former strictures traditionally installed in law firm
management systems—checks and balances that for decades fostered
excellence in the practice of law. With restraints gone (and with them
our former culture of professionalism), we plunged into the tooth-and-
nail game of financial standings.
Second, our chronic aversion to getting involved in clients’ business
affairs made partnership with them an unrealistic proposition. Instead
of anticipating clients’ needs, we created obstacles to prompt and
adequate service. “Business problems” belonged to clients while
“legal problems” belonged to lawyers—a convenient division of
responsibilities that was irksome and useless to businesspeople.
Finally, ensnared in the media’s championship games of financial
performance, we failed to heed the signs of change. Digital technolo-
gies and business management know-how kept advancing, leaving us
stranded on pre-digital legal islands. Our practices became so techno-
logically retarded and inefficient that some commentators concluded
that traditional lawyers were becoming irrelevant to the marketplace.
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