Chronique du CTI – Moving from Books to Blockchain : The Need to Expand Legal Technology Education in Law Schools

Par Gregorio Lentini, Student et Katarina Daniels, avocate

By: Gregorio
Lentini, Student, McGill University 

With:
Katarina Daniels, Lawyer, Liaison Librarian at Nahum Gelber Law Library, McGill
University

 

 

            Over the past
decade, the legal industry has rapidly evolved. Law firms are expanding their
use of technology, both in depth and in breadth, within their practices. At no
time has the shift been clearer than during the COVID-19 pandemic, where law
firms across the world successfully
and seamlessly transitioned to a remote work environment, sometimes even
within 24 hours. The pandemic will likely accelerate the “technologization” of the
legal practice: smaller firms may recognize the cost-savings of operating
entirely virtually, and partners in large firms, who were previously skeptical
of new technology, may become accustomed and open to using new platforms. With
certain courts expanding their virtual footprint, and lawyers increasingly
turning to legal tech for assistance, there is a growing need for law schools
to incorporate legal technology into their curricula.

 

Before going further, it is important to distinguish
what is meant by “legal tech.” Definitions vary depending on how broadly one
wishes to define the term. In a very broad sense, “legal
tech” is used to denote any virtual tool that facilitates the practice of law.
Legal tech includes software such as practice management software, document
drafting tools, document review tools, extranets/intranets, legal research
platforms, knowledge management and predictive analytics software, to name a few. Law schools generally
invest in online research platforms for students; however other tools are rarely
introduced to students. Now more than ever, law schools must expand the
education they provide to students regarding all forms of legal tech.

 

The Importance of Introducing
Law Technology in Law School

            There
are several reasons why law schools must expand their introduction of legal
tech to students. Firstly, legal tech is shaping how law is conducted in the
world. To stay abreast of the industry changes, whether or not they choose to
stay in the field of law, students must be made aware of the various legal tech
platforms, as well as the potential of legal technology to improve
efficiency and expand
access to justice. Providing further education about legal tech also better
prepares students for a job in law. Once in a firm, law students are expected
to navigate intranets and document review platforms with little instruction;
however, many students are not even aware of the existence of such platforms. Essentially,
equipping law students with legal tech knowledge allows them to better
integrate into firms, and gives
them an advantage if they wish to build their own practice. Finally,
teaching students about legal tech increases the potential for further legal
tech innovation while introducing them to an alternate career path. Students
may not even be aware that there are career opportunities in law firms as tech
lawyers or legal project managers. They may also not be aware that there are
business opportunities, for instance, in tech start-up environments. For all
these reasons, it is vital for law schools to increase the legal tech education
and exposure they provide to students.

 

Potential Obstacles to
Inclusion

            While law schools
may recognize the importance of educating students on legal tech,
administrators may still be hesitant. Space in the curriculum is the most common
reason provided by law faculties for the lack of courses in this area. With law
schools being challenged not only to include additional material in courses but
also to include additional
courses, such as ones on the philosophical underpinnings of law or various
critiques of law, it is understandable that administrators may not see room for
legal tech in their curricula. Law schools are particularly hesitant to make
space for a subject considered by some – particularly academics – to be merely
a passing trend.

 

Cost is another potential barrier to the introduction
of various legal platforms in law schools. Subscription fees tend to be high
for many of these resources, and administrators may not be convinced that the
value provided to students will outweigh the fees associated with them. Certain
platforms, such as practice management tools, may also be more suitable for law
firms rather than law students. Given the cost of some of these tools, one
solution could be to provide limited licenses to students enrolled in legal
tech classes for certain legal platforms. Often, these limited licenses are granted
by the vendor without cost. However, providing these licenses to certain
students raises concerns surrounding equity, as only the students who are able
to register for such courses will have access to these resources.

            In order to include
more tech-related material into law schools, administrators must be convinced
that these obstacles can be overcome. The following are some options that
attempt to side-step these obstacles.

Possible Methods of
Inclusion

            The most obvious
method of inclusion is to provide students with an entire course, either
optional or mandatory, on legal tech. This course can introduce students to various
tech tools, from simple organizational tools to predictive analytics. For
reasons of cost, schools can begin by introducing students to less costly
platforms, maybe focusing on document review, and expanding their legal
research resources, given that such a significant portion of a student and associate’s
day is spent in one of these two tasks. Eventually, as start-ups
begin to emerge, prices may fall, and schools can purchase further services,
maybe even allowing students to use practice management and document management
software.

 

            Alternatively, instead
of providing a full course on legal tech, law schools can introduce students to
various legal tech products in a catch-all course potentially named
“Fundamentals of Legal Practice.” This is not a new idea: several universities
in the U.S. already provide such a course.
The course introduces students to basic legal skills, such as drafting
contracts, while also incorporating various legal tech products. For example,
students can be taught to use contract review software to complete contract
assignments.

 

            A third method of
inclusion would be to incorporate legal tech concepts into other courses. For
example, in Contracts, students can study the validity and strength of
tech-generated clauses; in Judicial Procedure, students should be made aware of
the emerging online courts, e-Discovery platforms, virtual arbitration options,
and virtual mediation options. While this form of inclusion may not allow
students to familiarize themselves with legal tech platforms, it nevertheless
expands students’ technological vocabulary, making them more “practice aware.”

Conclusion

           

            Whether legal tech is
introduced to students through a new course, or included through additional
course material, law schools must recognize the technological shift occurring
in law and equip students with the proper legal tech knowledge to navigate it.

 

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