Seminar 5 - Future of Legal Practice - Student version 24 3 21 PDF

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LAW IN PRACTICE SPRING SEMESTER 2021 SEMINAR 5 THE FUTURE OF THE LEGAL PROFESSION Background and Learning Objectives The legal profession is undergoing significant change. This seminar looks at various aspects of these changes, and considers what the future might be for the legal profession. This seminar builds on the public policy and “access to justice” elements of Law in Practice that you have already studied, and is relevant to the provision of legal advice to both individuals and business. Technology is an important theme in any study of social, cultural, economic or political change. You are encouraged to consider how legal issues will be dealt with and how legal practitioners will work in the near future. Much of the focus is on the work of Richard Susskind, who is the IT adviser to the Lord Chief Justice. We will look at ways in which the legal profession and the courts are changing, largely as a result of changes in technology but also from changes in client needs and changes in the regulatory environment. We will also examine how global changes, including the Covid 19 pandemic, are changing the way in which the legal profession and the courts operate. By the end of the seminar, you should be able to: 1.

Explain some of the challenges facing the legal profession and courts, and why they need to be able to respond.

2.

Understand the advantages and disadvantages of how new technologies are used in legal proceedings and by legal practitioners.

3.

Understand the different ways in which law firms can differentiate themselves and compete, and the impact that their introduction is having on the legal profession.

4.

Understand how the type of work carried out by lawyers and judges, and the skills that they need, may be different in the future.

5.

Further develop the key skill of the ability to explain complexity in straightforward terms - this is a vital element of Part 4.

Preparation Please come to the seminar having done the reading and thinking set out below and have your answers to all the questions below. You should have with you notes of your thoughts and reasons, and references to any evidence on which you rely.

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Please re-read the seminar sheet and your answers on the day of the seminar so that you have refreshed your memory. Please also make a note of anything of which you are unsure and want to discuss at the seminar. Reading a.

You will need to listen to the lectures on Blackboard and make notes as part of the seminar preparation. This includes the lecture given by Jodie Hosmer from Mills and Reeve.

b.

Read chapters 1 to 5, 13 and 18 of Richard Susskind’s book “Tomorrow’s Lawyers” Available on the Talis reading list It is a short book and very readable so do read the whole thing if you can. However only the chapters above are strictly needed for the seminar.

c.

Reform of the legal profession Read the following article; if you are short of time, you can read the summary only. https://www.legalservicesboard.org.uk/wp-content/uploads/2020/11/The-State-ofLegal-Services-Narrative-Volume_Final.pdf

d.

Online courts i.

Read Chapters 2,5,9,17 and 19-22 of Richard Susskind’s book “Online Courts and the Future of Justice” Available on the Talis reading list

ii.

Listen to the Harvard Law School lecture on “The Future of the Courts” given by Richard Susskind (start at 6 minutes and listen until the end – approximately 24 minutes)

https://www.youtube.com/watch?v=X1oXoTr-aW8 iii.

Read the following article:

https://www.lawgazette.co.uk/features/shock-to-the-system/5104867.article

e.

Covid-19 crisis and the legal profession Read the following articles: https://committees.parliament.uk/publications/2227/documents/26119/default/ Lawyers in lockdown: stories from the frontline | Opinion | Law Gazette

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PART ONE: THE CHANGING FACE OF THE LEGAL PROFESSION 1. What do you think are the main challenges currently facing the legal profession? Whilst of course relevant, you should think beyond the current pandemic. 2. Looking ahead over the next ten years, what opportunities do you see for new areas of work for lawyers, or existing areas of work which might increase and give lawyers opportunities to grow their business? 3. Whilst lawyers have always (and will always) need a wide range of skills to succeed, do you think that we will see changes in terms of the mix of skills which successful lawyers will need? Consider in particular the “new jobs for lawyers” put forward by Susskind. 4. What do you think might be the impact on law firms of the Covid-19 crisis, both in terms of how they operate and the services they are providing?

5. What lessons for the future of the legal profession can be drawn from the way in which the law firms and the courts are responding to the Covid 19 crisis?

PART TWO: HOW LAW FIRMS CAN DIFFERENTIATE THEMSELVES 1.

What is an Alternative Business Structure? What does it allow that a traditional law firm does not allow, and why is this important?

2.

Research two law firms online to see how they differentiate themselves, looking at their online presence, including their websites and (if you use it) social media presence. Be ready to discuss them in the seminar.

PART THREE: TECHNOLOGY AND LEGAL PROCEEDINGS 1.

What do you think are the pros and cons of the use of new technology in the courts (both in the courtroom and also where proceedings are held remotely).

2.

How has the current crisis impacted the ways in which the courts are working?

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PART FOUR: CLIENT NEEDS: A CASE STUDY You are a junior lawyer in the litigation department of our fictitious law firm Fry Gurney. Roman Chelski has been in touch with the head of your department as he is planning to appoint a law firm to act for him in relation to the following matter. Roman is a business tycoon from Fotbalstan (a country in Eastern Europe) although he lives in the UK. He has a substantial business portfolio of media companies, a well-known football team, and natural resource utility providers. For a long time, he worked with his then friend Morat Sagdiyev who was employed by the Fotbalstan government as a diplomat. Morat informally acted as a political ‘fixer’ in order to help Roman procure lucrative commercial contracts and take over several rival companies. Roman and Morat are currently embroiled in a bitter court battle over drilling rights held by the Gazneft Oil Company, formerly owned by the Fotbalstan government, in which Roman now owns a controlling stake and in which Morat claims he was previously a significant shareholder. They both acquired shares in Gazneft following a serie s of failed exploratory efforts by Gazneft across the world, resulting in it facing crippling debts. Following Roman and Morat’s acquisition of Gazneft shares, Roman acquired the stake held by Morat in Gazneft thus granting Roman overall control of the company when its share price was at rock-bottom. Seeking to help secure the future of Gazneft, Roman also came to an ‘arrangement’ with a private sector geological survey company which would inform him of any potential new oil fields before the findings would become public. The drilling rights which are the subject of the current dispute relate to the tiny country of Astanaz, that sits above Tengiz oil field and which has a potential yield of between 26-40 billion barrels. The government of Astanaz offered for sale, by way of auction, drilling rights in the Tengiz oil field. Gazneft was successful in the auction and bought the drilling rights. The Fotbalstan government provided Gazneft with much of the money needed to pay for the drilling rights, and Morat had played a key role in lobbying the government securing this crucial financial support. As a result, the share price in Gazneft has soared. With extraction due to begin in the coming months, Morat now claims that he was deceived by Roman and was forced to sell his shares in Gazneft for a price well below their true value (given value of the rights to drill in the Tengiz Field). Morat is seeking to sue Roman for up to £3bn in damages for breaches of trust and contract. Roman, however, denies that Morat was ever a business partner or contracted employee, and was only paid for his services on a ‘freelance’ basis. Since these accusations have come to light, Gazneft’s competitors are also making allegations of impropriety against Roman. Roman is now seeking legal representation to defend his position in the pending litigation. He has already invested the majority of his own, and the company’s, remaining capital in the drilling infrastructure established in Astanaz, and is keen to keep his legal fees as streamlined

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as possible. However, he is equally determined to defend his position robustly, and with as much legal expertise as possible. Roman is going to ask two or three different law firms (including Fry Gurney) to deliver a “pitch” to him (a “pitch” is a way in which firms can explain to prospective clients why their firm is best-placed to do the legal work required, allowing the client (in this case Roman) to decide which firm they will instruct when they have seen each of the pitches). The partner is extremely busy dealing with urgent matters and has asked you to prepare him a briefing note covering the following: 1. Summarise briefly what the dispute is about. This is a complex scenario and you should work out who the parties to the dispute and how the various elements fit together. You might find it useful to draw a sketch plan of how it works. 2. Outline what Roman’s key needs will be from the law firm he appoints so that the partner can put together a “pitch” to Roman. You should consider issues such as: a. IT needs; b. what specific areas of legal expertise are required; c. whether there are any transnational issues and if so what needs to be done to address these; d. any other issues that could help Fry Gurney win the business. Come to the seminar prepared to deal with the points raised above. Ellen Sweet-Escot February 2021

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