October 2009

You are currently browsing the monthly archive for October 2009.

Thanks to Jennie Law for pointing out that the new UKSC needs to get its publishing act together.

It’s been in existence for almost four weeks now and has the most advanced court technology in the world. It delivered its first judgment on 14 October, yet no cases yet appear in the Decided Cases section. As Jenny discovers, you can currently find these only under News and Publications by clicking, under Judgements, the Read the full story (sic) link.

And not a nice orange RSS button in sight.

Just goes to show that the best technology in the world is no magic web delivery bullet. A modicum of thought for the end user is required.

A letter

Today I received a letter! Not a love letter*, nor a middle class thank you note, and not an impersonal business letter, but a thank you letter which sought to maintain and progress a business relationship. What a pleasure!

Anyone else remember the days when tweeps and other peeps wrote letters?

* Weren’t the 60s fab! And check out the turn of the next decade cover

Way back in 1999 I wrote a piece on the commoditisation of legal services which still resonates today.

Some lawyers are still arguing that there are so many potential pitfalls in using commoditised online services that the customer should always seek legal advice. For example, Angela Davis of Nottingham law firm Berryman warns that DIY divorce websites could be a false economy (PDF): “In my view, there is no substitute for obtaining good quality legal advice, tailor-made to each individual’s particular requirements.”

At the same time we have Susskind urging law firms to decompose their work and see which parts can’t be done more efficiently using technology. Though he focusses on BigLaw, his entreaty needs to be taken on board by firms of all sizes doing all types of work. It’s fact that standard wills, standard conveyances, standard divorces and many more upmarket legal processes are being delivered more efficiently with commoditised services. The argument is not whether or not these standard processes should be commoditised and sold, it is about how those commoditised processes are sold and how lawyers can best sell them together with their related (and often necessary) bespoke services.

It’s all very well to say that customers should always seek legal advice, but they will be attracted by the cheap and easy option which they find at the top of their Google results. If they are to be aware of the potential pitfalls in using some of those services without legal advice, short of more regulation, it’s up to lawyers to innovate and package and sell their services more effectively.

Having just penned my previous post on BigLaw, I browsed the latest issue of Legal Information Management and was riveted not by my own article therein :=), nor by any of the many other worthy articles, but by the Book Review at the end in which solicitor Gillian Bull rather comprehensively disses Susskind’s The End of Lawyers?

Her main beef is that the arena of legal services from which Susskind draws most of his examples is BigLaw: “Susskind’s book in the main deals with life on Planet Mammon: life on Planet Rumpole (or even Planet Pooter) doesn’t figure much.” Thus, in her view, the book is not relevant to most lawyers and the public at large. Not only that, but City lawyers either won’t need to read it if they’re already on the game, or won’t want to read it if they’re not; and their ICT managers will “need more than the collection of anecdotes and predictions that this book comprises. To make their case for spending money they need lots of hard data, of which there are none here.”

Not content with trashing the book, Gillian puts Susskind down for liberally referring to committees and reports in which he was a participant and to himself generally – and not much to others.

So is all this criticism fair? I too was disappointed that there was disproportionate coverage of and emphasis on BigLaw. It is only in Chapter 7 on Access to Justice that he refers to the types of legal services offered by the majority of lawyers and experienced by the majority of businesses and the general public. But I found myself easily able to read between the lines and to relate the arguments to other types of practice. High Street conveyancing and will writing first kicked off the inevitable evolution of legal services from bespoke to commoditised and it is not difficult to see with Susskind’s help how other mainstream legal services are following. Should he have drawn on examples from these other mid- and lower-market services and explained how they will be affected according to his thesis? Yes, I think so, but that does not make the book irrelevant to those unconcerned with BigLaw issues.

As to the frequent references to himself and his own activities and the paucity of references to others, again Gillian has a point, though that did not stand out to me when I read the book. We cannot expect Susskind not to draw on his own experiences, but we could again expect a bit more balance by reference to the work of others.

Judging from its Amazon.co.uk Sales Rank of 16,304, a lot of people have bought this book; far more than bought books of related interest (selected from “Customers Who Bought This Item Also Bought”):

  • The Law Machine (Paperback) (2000) by Marcel Berlins 19,125
  • Law Firm Strategy: Competitive Advantage and Valuation (Hardcover) (2007) by Stephen Mayson 250,703
  • The Lawyer’s Guide to Collaboration Tools and Technologies (Paperback) (2008) by Kennedy and Mighell 839,256

Big sales do not make this a good book, but they do mean that many people have read it and I’m sure most have benefited and at least taken something away about the future of legal services that they did not have before.

As Gillian says, “There is a book yet to be written concerning the impact of IT … on both lawyers and the public at large. Unfortunately, this book is not it.” But we did not expect that from this book. We expected Susskind to extend and expand on his earlier work, and this he has done in his own way. Someone else will write that other book.

Unfortunately, the review is not publicly available. To read it you need to subscribe to LIM or buy the issue. Maybe the publishers or the author would make an exception for these few hundred words which, refreshingly, do more than praise the book or deny its arguments relate to them.

Jordan Furlong bemoans (on Slaw and Law21) the fact that the legal media focus on BigLaw, because BigLaw makes a lot of money, so they’re attractive both as subscribers and as advertising targets.

It’s not good for smaller practices, which count the majority of all lawyers among their ranks, that they don’t get to hear their stories told, their concerns addressed, their best practices circulated, and their career choices validated in proportion to their presence in the profession.

If there’s a solution here, it’s going to have to emerge from the ranks of these smaller-firm lawyers themselves – waiting for institutional publishers to change their editorial focus is not a good plan. Smaller practices need to find a way to amplify their voice and multiply their narratives within the profession as a whole. Maybe they need to help create their own media channel, pooling resources and enabling advertisers to find and support them. Maybe they need to harness the power of social media in ways that big firms haven’t figured out yet, to create the first truly online legal periodical through some innovative combination of blogs, RSS, Twitter and LinkedIn, and focus it on their issues. Maybe they need to figure out what the small-firm equivalent of Legal OnRamp would look like, and start recruiting their clients to join.

To which I replied:

I do think you’re not seeing the wood for the trees here. Social media do already provide the means for solos and smaller firms to leave a bigger footprint and “amplify their voice and multiply their narratives within the profession as a whole”. As you well know, they are doing it through public blogging and the public SNEs; and the pooling and focussing is done via public group activity on group blogs and special interest groups on the SNEs.

That does not provide a complete solution and third party collaboration and aggregation channels are evolving, but I don’t really see that they need “their own media channel” – will it not be an agglomeration of media channels?

The first step for solos and small firms is to engage with social media and they have only themselves to blame if they don’t.

You suggest that their footprints need to be left “in the places where journalists search for ideas and leads”. Turn that around: how about journalists need to engage better with social media and source their stories from a wider range of media channels? Surely it’s a very lazy hack who relies on the mainstream legal media for their ideas; surely they need to be reading blogs, following Twitter et al? Now I know you do this, so the next question to ask (of an employed journalist) is – It’s all very well for me to source some of my ideas and stories from solos and small firms, but will that sell the rag/will it attract the advertising bucks, will it please my paymaster? I suspect the answer to those questions is No – and that’s probably part of the reason you left your past post to strike out on your own. Good move!

It’s inevitable that the mainstream and derivative (legal) media will focus on BigLaw, just as they focus on power, influence and celebrity in other fields, but smaller voices can now speak louder and engage with a wider audience; it’s already proven that this works for those perceptive enough to do more than sit on the sidelines and observe.

Google Sidewiki has got many excited, not because it is neat or cool, but because it is a bad idea – something that feels instinctively wrong and that, after not much further thought, clearly is wrong.

Sidewiki installs on the Google Toolbar and allows anyone to comment on any web page, displaying ranked comments in a sidebar to the page which is revealed by clicking on the Sidewiki button. The site owner has no say in this. Thus is Google hijacking comments; and it will use them for its own purposes.

By encroaching on content creation and publishing (news, video, books, now comments) Google is departing rapidly from its mission to “organise the world’s information” to controlling the world’s information.

Per John @ amusing ourselves:

Google has a history of riding roughshod over the rights of content owners, Booksearch, YouTube and Google News are notable examples of the company building a network on the back of others’ intellectual property, using its power and wealth to grind down opponents in the courts. And when they were going after the big guys … Google’s libertarian stance seemed justifiable. Even democratic. But now Google has come after everyone who runs a site on the web, with what is, in effect, a global commenting, and potentially adserving, system.

Even prominent Google fan Jeff Jarvis is worried:

Google’s mission is to organize the world’s information and make it accessible – not take it over and centralize it. That’s what so many fear about Google book search: that is it not just linking to books but serving and thus controlling them (I still believe the settlement can cope with that). That is what I fear about Sidewiki: that it is not adding value to the conversation by organizing it but instead trying to hijack it. I’m surprised how tonedead [a happy typo I'm holding onto] Google is in this case. David Sleight called Sidewiki “a failure of empathy.” Or as a father says to a little kid: “What were you thinking?” One more metaphor: Google thinks its Snuffleupagus – big but cuddly and good – and just doesn’t realize that some people see it as a potential bully and so it has to act accordingly. With size comes responsibility.

Power corrupts. “Don’t be evil” is not enough.