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About LAWPRO® General News A Special Report: The Litigation Tidal Wave (5 of 6) What accounts for this untenable change in the way lawyers conduct themselves and their relationships with their clients? As noted by Professor Neil Gold, former Dean of Law at the University of Windsor, in his 1997 report to LPIC on the underlying causes of claims, numerous external factors have coloured the practice climate. The forces described on the following pages have made legal practice more complicated, less predictable, and often more risky as rising expectations of the clients and the courts have often outpaced the profession's efforts to adapt. Globalization
Technology
It's no longer unusual to be faced with a judge who operates a computer in the trial or motions court or a counsel who trots his or her laptop around to discoveries and meetings to record or access information about the case. The technology advantage that once accrued to the larger firms is now commonplace, and a real equalizer for the smaller firm practitioner. Everyone - clients, courts, agencies and adversaries alike - expects you to be using technology. And use technology you must, if you're to meet demand for detailed information and the shorter time frames that clients now expect you to work in to meet their expectations. Consumerism
Self-help services
Competition
As well, many clients, especially in the business world, are turning to a more collaborative approach. In fact, their in-house resolution programs and risk management strategies, which focus on a preventative approach, avoid the use of a litigator altogether. Alternative Dispute Resolution
The dollar-drive
Lawyers today, it argues are too often driven by the dollar rather than the dignity of their profession. As a result, they may be hard-pressed to turn down a fee-paying client; collegiality, civility and mutual trust are a rarity in the adversarial environment in which lawyers now practise; and this adversarial approach in which lawyers see themselves as advocates for their client's causes, has spawned a raft of aggressive litigation tactics which further undermine the profession's calling as "counsellor." The end result: A high calling is becoming an "increasingly unprincipled business."*
* ["10 Steps to a Better Profession," by Carl Horn; CBA National, March-April 2000, pp.18-41].
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April 30, 2010
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