Jason Coluccio writes frankly about future directions in the legal profession, why law firms are facing huge challenges today and what he did about it.

When I joined the legal profession in 2011 it was not as a fledgling, wide-eyed twenty-something graduate (with minimal life experience), but rather, as a reasonably savvy businessman with a proven track record in sales. It followed then, that the lens through which I viewed the legal profession was perhaps a little unique. It was this lens that had me immediately question what I viewed to be the rather antiquated practices in the legal profession as a whole.

You see my first experience in law was in the corporate world. It was a world which I felt was struggling to maintain a hold on the traditional ideals of ‘what law was’ and ‘what lawyers do’ amidst a tidal wave of change driven by economic and technological factors. It seemed to me that lawyers, in general, were grappling to hold onto a sense of their own autonomy and work practices that were more akin to a pre-industrial age type cottage industry. Where was teamwork? Where was the drive to improve the efficacy of the work that lawyers do? Furthermore, I was deeply concerned by the apparent inability for lawyers, as a whole, to engage with clients (and potential clients) using emerging technologies (and in this I’m speaking of those beyond that of a website).

While there was a handful of visionary lawyers (and firms around), the vast majority were stuck in the past, refusing to move forward and undoubtedly headed for a slow grinding halt. It was at this point that I came across the work of Richard Susskind, author of Tomorrow’s Lawyers: An Introduction to Your Future (2013). Susskind’s book echoed my observations exactly, while taking this a step further and suggesting real solutions for lawyers and law firms wanting to exist (and thrive) well into the millennium.

By the time Greg Welden and I were ready to start our own firm in March 2014, we realised that any business we created must effectively ‘redefine’ what law is, along with ‘reimagining’ the processes for how lawyers work. The old model, which valued autonomy, was unproductive and ineffective. Instead, our strength as a firm would be discovered through collaborative processes and teamwork. We knew that we must become social media experts, constantly alert to new opportunities and methods to engage with our clients. Finally, and of great importance, we understood acutely that Law does not exist behind a partner’s desk in a room lined with leather bound books. Rather, that law, and everything that lawyers do is relational. Our work is one focused on people.

While it was easy to be distracted by office locations, furniture and fancy letterheads, we realised that at the heart of our business would be the articulation of our vision and mission. This statement would be the driving force behind everything that followed. Accordingly, we spent many evenings in our “think-tank” discussing (and sometimes engaged in heated debate) the values we wanted to underpin our business. These sessions culminated in the following document which we live and breathe every day:

What We Do

Welden & Coluccio Lawyers is a small, boutique law firm that brings a unique and fresh approach to the practice of law in all facets of estate planning, administration and litigation.
We work collaboratively and transparently with clients to provide innovative solutions, a broad range of choices, thereby supplying a quality product that is enduring.
We offer real experience and specialist knowledge that is service driven, communicated simply and is economically responsible.
We are committed to our goal that sees us strive to become the most respected, innovative and distinguished estate planning firm in South Australia

Why We Do It

At Welden & Coluccio Lawyers…
+ We believe our primary role is to make Law look easy.
+ We believe People are at the core of our business and authentic relationships are central to everything we do.
+ We celebrate the challenge that emerges from what is difficult and complex.
+ We are passionate about learning and are committed to processes that drive us to evolve dynamically to meet the changing needs of our clients.
+ We believe in saying no to work outside our core practice area of law so that we can shine brightest in those areas we are deeply passionate about.

Did it work? As the saying goes, “the proof is in the pudding”. Our business, while being a tremendous amount of hard work, has grown in strength above and beyond our initial expectations at a rate that is sometimes unfathomable. With two offices, four solicitors, and one supporting staff member, our greatest concern is not will we expand but how best to manage this growth in such a way as to honour our original ideals. Furthermore, the evidence of our success is not something measured only in profits. For us, it is about the real difference we make in the lives of our clients. Law is relational. It is about people and when we remember that it becomes all the more satisfying.

Robert F Kennedy in his 1966 speech that referenced an ancient Chinese curse said, “We live in interesting times.  They are times of danger and uncertainty; but they are also the most creative of any time in the history of mankind.”  While Kennedy was speaking to his generation, his words ring true for 2017 and the Technological Age that is currently unfolding.

Many of us in the legal profession are faced with overwhelming feelings of uncertainty as we decide which of these technologies to embrace, absorbing into our practice, and which to reject.  Indeed, Law, as with many other professions is currently in the grip of the broadest (and fastest) set of changes to the way that we currently do business.  With many people naturally being resistant to change, it is not surprising that quite a few law firms have flatly rejected the change brought about by new technologies.  It seems that some, will flatly refuse to adopt new ways of doing business, until they are literally cornered into making the change.

It is a topic that legal critics such as Richard Susskind have written about for many years now.  These evaluations are often accompanied by a warning that such resistance will inevitably be disastrous in the long term; with those incapable of embracing this new way of doing business being left behind.  For me, I’m not confused as to whether we should be embracing the changes brought by technology.  My dilemma is which of these new technologies should be embraced and which should be discarded for their potential to undermine the quality of the professional service that we, as lawyers, provide.

While Welden & Coluccio Lawyers has demonstrated leadership in harnessing professional software to customise, streamline, and provide a more consistent standard of service to our clients; I have often wondered how far this technology can be pushed before we move into a place where digital technologies replace the nuanced wisdom of a skilled legal practitioner.  In other words, do we really want robots doing the work of lawyers?

I think this is something that, to a degree should be resisted.  Indeed, from our daily practice, it is concerning to see online legal platforms operating under the premise that a Will (for example) can be produced for a set fee, following the clicking of a few drop-down boxes and completion of  given subject fields.

You see, such an approach (perhaps reminiscent of McDonald’s move to streamline the production of hamburgers), while it may lead to a more affordable and accessible product for the consumer (and greater profit to the owner), comes with huge risk.  You see, unlike the hamburger business, the delivery of legal services is fraught with risk.   While it would be wonderful to be able to enter data into a computer and have a solution identified for a pre-determined flat fee, the type of work that lawyers undertake, being based on human emotions, will never make this a viable option.

Quality legal services require an attention to detail that can only be delivered via a face to face engagement.  Lawyers not only read and apply the Law but we are skilled at applying this Law to real people.  It requires judgement, careful evaluation of the circumstances, and always an understanding of the people you are dealing with. This last bit is perhaps the most important.

Quite often during meetings, an answer is provided, whereby the manner of that answer raises concern or further questioning. After a while, the original answer is extrapolated in such a way, that the original answer has completely changed.

This is why trials are so risky and why lawyers always want to cross examine their opponents.

Creating an Estate Plan is not a one way meeting; it relies on the skilled lawyer asking probing questions and not taking answers at face value.

While Welden & Coluccio Lawyers continue to celebrate and embrace the widening options made available to us through new technologies, we remain ever-critical about how these may be applied for the benefit of our clients whilst maintaining the highest quality with regards to the services we provide.