I wanted to find articles on either side of this position–whether law promotes or stifles innovation.
This author of this article feels that law firm structure stifles a culture of internal innovation, which in turn prevents law firms from making small changes that they could really benefit with. The author makes an interesting point that innovation is so often associated with major, drastic changes–citing AI robot lawyers– that it overlooks the smaller changes that can be made for much less and with less risk. The result is that small innovations in how the firm is operated do not get implemented. She attributes this even more to the risk averse nature of law firms, stating that desire to adhere to the “gold standard” prevents law firms from encouraging innovation for the fear of failure.
Hi Nathan, interesting article. I read a few months ago that one of the ways in which some law firms are attempting to “internally innovate” is by a more robust use of Big Data. The link below notes some of the same issues that you write about above, namely that when it comes to using data in law firms, many attorneys are not convinced of the value of such an innovation and therefore do not have the proper mindset to allow this new idea to flourish. Despite the facts that the data already exists and can give greater certainty to prospective clients, lawyers are hesitant to adopt new methods for traditional lawyering.
https://abovethelaw.com/2017/04/should-attorneys-care-about-data-analytics/
I think one of the places the innovation in a law firm can take place is in its billing practices. The below article, for example, describes how the alternate billing structures are here to stay, and often mean MORE money for firms, greater client satisfaction, etc. However, many firms are still reluctant to give up the billable hour, despite its many drawbacks.
https://legaltrek.com/blog/2015/09/alternative-fee-arrangements-a-comprehensive-law-firm-guide/
I wonder if the reason for the lack of innovation in law is largely tied to the reasons courts are seen as fundamentally conservative. Additionally, how much of the lack of innovation do you think may be tied to the Rules of Professional Conduct and/or the prospect of malpractice liability.