Legal IT: A brave new world

In 1985, the Cray-2 super computer was the pinnacle of computing technology. It was liquid cooled, filled a room, and cost the equivalent of $32m. In 2010, Apple released the iPhone 4 which beat the power of the Cray-2. We had a super computer in our pockets. This is just one demonstration of how the exponential growth of computing moves us to a more technology-driven world. It means that we can communicate wherever we are, have immediate access to all of the world's information, as well as photograph and share our lives. It has also changed the way we work - but not always for the better. We are now moving beyond the information age to one of connected 'things' - from fitness bands to cars. Significantly, we have intelligent computing that can join these things together, performing near-human actions. It's disruptive. How will this impact on professional services, and legal IT?

Disruptive technology

Whilst technology is growing exponentially, we, as humans, struggle to understand that growth. On a societal level, we are relatively fast to adopt new technology or channels. Just think about how smartphones have become ubiquitous or about our willingness to spend hours a day using social media. Businesses tend to lag behind people.

The 'bring your own device' (BYOD) trend is one that has challenged many professional services. With super computers in our pockets, it has changed the way we work and blurred the lines with our personal lives. In some sectors, changing consumption patterns have created big challenges - the music industry, for example, has struggled to keep up with change. Governments also struggle with technology. Inevitably, legislative structures are slow and often complex, and tend to regard technology as a problem. By the time laws or regulations are in place the technology and the users have moved on, making the law irrelevant and even draconian. In the end, however, technology is simply a tool that is neither good nor bad - it is agnostic. It is important, though, to understand what these tools are and how they can be used to benefit the sector.

A connected world

One trend that we are witnessing is the growth of wearable and connected devices. Smartphones will remain the primary computing device for some time, but the new devices bring an opportunity to help us work smarter. Tesla is a company that understands the 'Internet of Things'. All their cars include a 4G Sim card. When they had a bug with the in-car software they were able to make an over-the-air update seamlessly.

Fitness bands are a popular consumer device at the moment, yet only 50 per cent of owners still use them regularly. That's because, like many new devices, they are solutions looking for a problem. Contrast that with another wearable device such as Disney's Magic Band. This is a $1bn investment for a wristband that offers a seamless way around Disney Parks. Users simply touch in to get the bus from the airport, enter the park, book their rides, and even use them to order and pay for their meals.

We might not see a Magic Band used in the legal profession, but the lesson is that technology is best used where it clearly addresses a problem. Wearables can certainly bring opportunities for lawyers to work smarter. Smart glasses demonstrate this potential. They are able to augment reality by layering on additional information. Google found that their prototype, 'Glass', was most helpful not as a replacement for a smartphone, but to manage specific tasks. At the simplest level, it can be used to scan boxes in a warehouse just by looking at them. Surgeons also found smart glasses helpful to provide additional information whilst carrying out operations. As an information-rich sector, there are many applications for the legal profession that can be used to support lawyers in meetings. The problem with many of these wearables is that they are conspicuous (and, occasionally, rather silly looking). The next stage of technology will see this kind of technology naturally embedded into clothing and objects. Google (again) for example, are working with Levis on Project Jacquard. Will we see the connected wig or gown? Think of it this way, the smartphone of the future will not be in your pocket, it will simply be part of your trousers.

Robo-lawyers?

An interesting trend that might impact on the legal profession is the development of telepresence. Holographic, or virtual holographic projection, has been used to resurrect deceased pop stars such as Tupac and Michael Jackson. It can also be used to project people remotely onto a stage or into a room.

An enhancement to this is physical telepresence, enabled by haptics. One technique is to use ultra sound that adds feelings to gestures or even to move light-weight objects, such as paper. It has obvious application to improve the video link, but it could also be helpful for anonymity. The technology would allow the use of avatars that could alter a witness' facial features and voice, yet it could still show the full expression or emotion for cross-examination. Although that might be some way off in courts, telepresence can be another tool for working smarter by reducing the need to be physically at meetings.

Can machines actually do the job of lawyers? Artificial intelligence (AI) is already here. It is being used by companies such as IBM to review scientific papers, looking at old data for any missed findings. And then there's Google. They have a raft of AI projects that are becoming integral to their search engine.

Elsewhere, AI companies are creating machines that are journalists. So far, they have been able to write convincing sports and city reports, and even poetry. So, perhaps the robo-lawyer is not inconceivable.

However, AI is a long way from offering the full cognitive functions of a human brain. In the legal sector it offers the opportunity to help sift through vast amounts of information. In some specialist areas, such as patent law, specifically scientific patents, AI will be able to create a greater understanding for lawyers and help teams to prepare better.

Disruptive business models

All of these trends add up to a brave new world that has led to significant change in many industries. Alibaba is the world's biggest retail platform yet it owns no inventory. Facebook is the biggest media company, but it does not make any content. AirBnB is the biggest hotelier but owns no rooms, and Uber is the world's biggest taxi firm but has no cars. They are all typified by using technology (mostly smartphones) to connect consumers to goods and services that disrupt the existing models. Uber is the best of example of the benefits and the challenges of this.

Although it has enabled consumers to quickly find cheap taxis, it has reduced earnings for drivers and pushed out many established companies. There have been numerous legal challenges that have seen the business banned in a number of cities. What if the same practices were applied to the legal sector? Could smartphone apps connect consumers to robo-lawyers offering legal advice at a low fixed rate?

It highlights the danger that some disruptive business models are simply a race to the bottom. There is no question that technology will challenge the sector, so legal businesses need to understand the real value of what they do. Is it about offering advice, information, or analysis? Perhaps the real value comes from the human interaction that a lawyer offers.

The best way to consider the impact of IT in the legal sector is to think in terms of risk and reward. Technological change will happen surprisingly fast, so there is a serious risk in ignoring it.

However, legal professionals can think about the real value that they offer, and engaging with the opportunities from technology will allow the sector to manage that change. Ultimately, think of it as a tool you can use. Focus on the problem, and be prepared to test and learn.

By Mark Brill, senior lecturer in future media, Birmingham City University and director, Formation