The Downside of Disruption: The Risks Associated with Transformational Change in the Delivery of Legal Services

Abstract

Change is coming to the legal profession. New forms of communicating, researching, advertising, finding clients, serving clients, and preparing documents are transforming the way legal services are delivered in the 21st century. The advent of new technologies, like the internet, machine learning, and mobile communications have put the legal profession on the cusp of what business theorist Clayton Christensen calls “disruptive innovation”: transformative shifts in a market for a product or service that threaten the business models, and even the very existence, of incumbent actors within that market. In the legal profession, these technology-enabled changes are streamlining all aspects of the delivery of legal services and changing the ways that lawyers identify, market to, and secure clients; conduct legal research; prepare court documents; compile and review discovery; collaborate with other lawyers, clients and experts; and prepare contracts, patent applications and other legal documents. These changes are not without their risks. This Article explores some of the risks associated with the disruption in the legal industry and identifies some of the potential downsides of this disruption.