Alisha Andert recently published
an article in the newsletter of the Bucerius
Center of the Legal Practice on the topic of WHY
MODERN LEGAL SERVICE IS NOT A QUESTION OF THE INDIVIDUAL CASE that is well
worth reading. In it, she calls for a holistic approach to legal advice,
arguing that the traditional view of individual cases falls short in the
digital era. We agree with the result, but only to a limited extent with the
underlying assumption.
The author
assumes that individual case thinking and legal detail determine everyday legal
life and that standardization is therefore rather alien to the legal
profession. Americans defend this approach as "bespoke
lawyering". In many cases, however, the reality is not quite like that:
"I haven't done a new contract in ages," confessed one lawyer during
a recent interview. "The cases are so similar to each other that there are
matching templates in the office for practically everything."
Now, of
course, one can object that this is perhaps an isolated case, and moreover,
everything is different in a large law firm anyway. Maybe, maybe only the
dimensions change.
The point
is this: If the example of the quoter is correct, then it is in fact the law
firm staff who draw up the contract on demand, and from an economic point of
view this process is quite efficient. Then it would also be understandable that
many lawyers vehemently resist digitization and standardization - because in
truth they have already standardized and therefore supposedly have little to
gain.
But, once
again emphasized, this should in no way call into question the author's
conclusion based on her practically chosen example.
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