Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
1997
Article 16
c
Copyright
1997
by the authors. Fordham International Law Journal is produced by The Berkeley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj
Abstract
Speech given at Session 2: World Communication: Where is Technology Leading Us? In
many ways it does not make much sense if, say, you are setting up a business to go to one source
for your legal guidance, another source for your accounting guidance, and another source for
your financial advice. It will all come together, and lawyers may indeed be the people who bring
that together into multidisciplinary services, bringing together the information that people require
in their real-world circumstances. We will no longer package or present our guidance in the
traditional legal categories, but we will aim them toward the market and we will work with other
professions, combining their expertise as well. If you are a customer or a client of these kinds of
information services, this is a great improvement. You no longer have to go to many individuals
to receive guidance, and it is there in a form that is easy to digest.
450
451
452
FORDHAMINTERNATIONALLAWJOURNAL
[Vol.21:450
1997]
453
Kingdom, people are already used to the idea of looking for information through the window through which they normally focus on entertainment. But these will come together, so the natural place to turn to - and this is one of the themes I will come
to in a second - will be this screen, this window on the world.
Thirdly, we will all be talking to our machines. Voice recognition is coming on by leaps and bounds. Within ten years,
rather than pressing buttons or remote control systems, we will
be directing our machine through its various paces by speaking
to it. And, eventually, through limited natural language processing, we will actually be speaking to our computers as we would
do with one another. No longer will the world of technology
involve the manipulation of mice and keyboards, with which
people are still uncomfortable and fearful of, but, actually, will
be a question of chatting to the machine that will be your window on the world.
Here is the premise that I think is perhaps contrary to what
Steve Weiswasser 1 was saying. I believe, and quite strongly - this
is the future that I want to help create - that the World Wide
Web, that part of the Internet that provides access to information, will over the next five to ten years, become people's natural
source, their first port of call, for information, for guidance, on
almost any conceivable matter. That is a fundamental premise
of what I have to say today.
Whether it be the conduct of your banking business, or
whether or not you want some medical guidance, or whether or
not it is home shopping - the whole range of activities that one
hears being speculated about in relation to the use of technology - I believe the first port of call, the easiest port of call, will
be the wall screen, the window on the world, the machine that
one can talk to quite naturally and say "I'd like to buy a bicycle;
I'd like to do some shopping; I'd like to find out my bank balance;" and so forth.
That is one of the premises I am putting before you, and,
clearly, it is one that is up for discussion. But the discussion, in
many ways, should be "is it desirable?" rather than "is it possible?" We know it is possible, although there are many of us are
trying to drive towards that goal.
1. See Stephen A. Weiswasser, Role of Technology in Communications, 21 FoRDrAM
INT'L L.J. 439 (1997).
454
FORDHAMINTERNATIONALLAWJOURNAL
[Vol.21:450
INT'L
L.J. 422
1997]
455
456
FORDHAMINTERNATIONALLAWJOURNAL
[Vol.21:450
as it comes towards us, in that context, what I put to you as lawyers in the room is "will legal life ever be the same again?" My
answer to that is "probably not." In fact - I vary the adverb
according to the audience - I passionately feel the answer is
"definitely not." It will not be, in my view, that as all other forms
of information - and, indeed,. as many other professions too
are providing information on this global information infrastructure - that lawyers can hope to continue providing service in
the time-honored way.
.My theory is this: legal guidance, legal expertise, and legal
experience will be available across the Internet alongside all
sorts of other information. That is just the natural way by which
one will gradually seek legal guidance.
For those of you who are skeptical - and this is the crucial
point - it is already happening. I can take you to web sites today where legal services are being provided - and it is not, interestingly, just by lawyers. It is by accountants, it is by consultants, and it is by business managers too. Already, a market is
being created for advice on regulation, advice on legislation, and
advice on case law. So this is the world we are moving into, and
it is a world of considerable challenges to the legal profession.
To add a little flesh to the bones, I want to give you three
short case studies.
My first case study involves will drafting on the Internet. In
the United Kingdom already you can get your will drafted across
the Internet. A system asks a series of questions; the document
comes through. It is intuitively obvious that this should be possible. Those of you who do will drafting for a living will no doubt
say "in complex cases it won't work." There is a debate we could
have about that. The point I am making to you right now is that
this is the kind of service that is already up and running,
whatever you might think of it.
My second case study involves a car crash my wife had because I think, for me, it was in many ways a defining moment.
My wife had a rather complicated car crash, complicated in the
set of facts involved, the evidential questions, and so forth. I had
the feeling that this was going to be a difficult legal issue. I
thought at that stage "maybe I should seek legal advice," but I
suppose, like most clients, the thought of paying several hundreds of pounds for some preliminary legal guidance rather put
1997]
457
458
FORDHAMINTERNATIONAL LAWJOURNAL
[Vol.21:450
1997]
459
more reliable employment contracts. Now, I was thinking of polishing the drill at first; I've made the drill a bit faster, a bit
lighter, and so forth. But she was saying, "we don't want you to
draft in the traditional way. There's another way you can deliver
this service." She was asking for an information service. That
was her hole in the wall.
That, I think, in many ways, is what we are going to see more
of in the future. We will be asked to model and systematize our
knowledge and make it generally available, perhaps on a one-toone basis, for clients, so that they can re-use it; or perhaps we will
make it workable across the global information infrastructure as
well.
Let me conclude by broadening this out a bit. I have given
just three case studies to give you a flavor of what might be possible.
The fundamental distinction in technology - no matter
what industry, no matter what aspect of IT you are talking about
is between automation on the one hand and innovation on
the other. In fact, the reference earlier to Porter and his theories of the transformation of business reflects this exactly.
Automation is an essential that many of us for many years
have expected of technology. It is about computerizing, automating, routinizing, systematizing, and motorizing - all these
kinds of words - essentially speeding up what already goes on
not changing the process, but using technology to make it a
bit quicker and cheaper. That is one use of technology.
The other use of technology is innovating, where we say,
"no, actually we're going to do things entirely differently." Technology enables us to deliver a business, a product, or a service in
an entirely different way.
Now let me give you just a brief illustration of this. Think of
one of the most successful information technologies in the
world, cash dispensing technology, ATMs. Now, what did that
automate? It was not the case that thirty years ago in the middle
of the night you went down to the local bank and there was a
hole in the wall and you said "$30 please" and they said "here
you are." It was not the case that that process existed and technology came along and sped it up a bit - of course not. But, if
you are thinking of automation, that is the kind of model you
would have in mind.
460
FORDHAMINTERNATIONALLAWJOURNAL
[Vol.21:450
1997]
461
Now, if the general theory is accepted, if the premise is accepted that all manner of information and guidance will be available on the Internet, on the World Wide Web, and that this will
be people's first port of call for that guidance, then, I think you
can expect people to benefit from Web-based legal guidance as
well, in a less expensive and in a less-forbidding way than in the
past.
And finally - and this is a crucial point, I think - this will
not simply be legal guidance, because in many ways it does not
make much sense if, say, you are setting up a business to go to
one source for your legal guidance, another source for your accounting guidance, and another source for your financial advice.
It will all come together, and lawyers may indeed be the people
who bring that together into multidisciplinary services, bringing
together the information that people require in their real-world
circumstances. We will no longer package or present our guidance in the traditional legal categories, but we will aim them
toward the market and we will work with other professions, combining their expertise as well. If you are a customer or a client of
these kinds of information services, this is a great improvement.
You no longer have to go to many individuals to receive guidance, and it is there in a form that is easy to digest.
So when asked what I think about the future of law, I think
the future of law is actually exceptionally rosy for the users of
law. I think the future for lawyers is very much in your own
hands.
Thank you.