SCARCITY v POST-SCARCITY (ABUNDANT) LAW WITH AI
AI Makes Way for a Whole New Epoch of Law (In History)
If we look at the historical example of how and how much Law is accessed by members of the public, we might expect it to have risen over centuries.
And in fact just the opposite is the case.
In ancient times, the law was life. Even going back to pre-Christian civilization, people designed their very dining, waking, working lives around knowledge of the Law. The Law at that time dictated life circumstance, and ignorance of it was deadly in many cases. Continuing membership in one’s tribe required it. So almost everyone learned (and the unlearned) had knowledge of the Law.
In Roman times, it was similar. In the early days of the Roman Republic, laws were relatively simple and accessible. The Twelve Tables, codified around 450-449 BCE, were a public display of basic legal principles, making the law accessible to citizens. As I have mentioned before, in legal controversies, citizens were ordinarily expected to speak on their own behalf — presuming each citizen was at least basically equipped to do so.
Clicking forward in time to America during the early days of the development of the professional “practice” of law, take Abraham Lincoln.
“Honest Abe” was an auto-didact, completely self-taught in the law. He did not attend law school which was expensive and already “elite.” Instead he learned by reading Blackstone's "Commentaries on the Laws of England" and other legal texts until he was sufficiently studied to petition for an oral examination in 1836 by a panel of Illinois attorneys.
He went on to become a very superlative incomparable attorney.
Yet the gates to entry were closed even to this great mind and orator.
And this trend would continue to accelerate into the 20th century.
Three themes dominated :
(1) cost and inaccessibility of law school
(2) expansion of the law, statutes, government federal state and local codes, and
(3) SPECIALIZATION of lawyers into categoricals of Law in order to master discrete specific complex areas
Each of these forces combined to build the '“priest class” of lawyers who beheld what no layperson possibly could, an “inside the tent” admittant while all others must stay out or be accursed.
Let’s look at specialization. What does Perplexity say about lawyer specialization in the 20th century?
The trend toward legal specialization in America during the 20th century can be characterized as follows:
Early 20th century: Legal practice was more generalized, with lawyers often engaging in a variety of legal work1.
1920s-1930s: The “realist jurisprudence revolution” began to emphasize a more problem-focused approach to law, setting the stage for specialization3.
1950s: Promotion of legal specialization to small firm and solo practice lawyers by the elite of the bar began1.
1960s: Pressure to permit recognition of specialties intensified9.
1970s:
Late 20th century:
Throughout the century, there was a gradual shift from a generalist approach to law practice towards a more specialized model, driven by factors such as increased complexity of legal issues, client demands, and the profession's emphasis on expertise and competence19.
Where has this left us as a society, lawyers and laypersons?
Well, for one thing, instead of one profession of Law we now have 25+ micro-professions of law.
The specialization means that 75-90% of the “other lawyers” will not even touch that “other area” of the law “but I know a guy.”
For consumers it has meant an even greater restriction of access to Law, because well, if it is too hard for me to even tough (and “I AM A LAWYER”) it will all the more be discouraged to clients “in all reasonableness.”
So most people today have but a cursory understanding and access to Law, unless they work in business or tax.
At the same time, unlike Medicine which went largely digital in the 1990s w MedScape then WebMD, Law has not made a similar leap.
Only paid access to caselaw research and legal materials does not help. Sure law libraries are everywhere but where does a layperson begin. Most people sophisticated enough to know that they can access some Law on the Internet are also sophisticated enough to know that they will not know for sure whether what they are looking at is accurate to their situation or not.
Enter the PANDEMIC and enter AI on the heels of the pandemic.
Our old conventions and modalities in law were SHATTERED UTTERLY. Beginning with in person. Many including high brand lawyers make their dough from a show. Tawdry but true.
The psychology of entering a giant beautiful office building, wooden paneled conference room, views atop the city, opulence, (intimidation), validated parking, cappucinos and lunching………these were taken away in an instant with social distancing, just closing places entirely, and the substitute of virtualized everything (including court) which have you noticed did not go away (and won’t — too much savings on commercial real estate backed by overheated debt and interest obligations, and torn down cities!).
This supported a pyramidical structure of associates and partners in law firms based upon the billable hour, the more time spent, the more money made. And the lawyer (the vendor) controlled the time cost entries, not the customer. You don’t have to guess where this goes (most of you know). Harvard Business School called the modern law firm the “greatest profit center in history.”
Well the good news is that AI has ridden the wave of virtualization and come into our lives, including our legal lives, including right to our phones. And wide virtualization + law practice exhaustion + economic realities + effective immediate AI means…
When I get so wild eyed, I promise you, this is a lawyer absolutely gobsmacked by what we are seeing, and what I have the privilege to participate in BUILDING, which is why I am.
A TOTAL REVERSAL OF THE ARC OF HISTORY WHICH TOOK LAW OUT OF THE LIVES OF HUMANS AND IS NOT RAPIDLY (INSTANTLY) BRINGING LAW RIGHT INTO THE LIVES OF HUMANS, OR PUT BETTER BRINGING HUMANS LIVES THROUGH AI INTO THE LAW, RESTORING THE BALANCE OF HISTORY AND OF HUMANITY!
So here is the Old (no, not that old, I mean traditional law practice model) versus what we are on the beginning of the New………….a tale of Post-Scarcity Law. An ABUNDANT LAW FUTURE PRESENT.
I’m writing this to you from the future in the present. Come in the tent with me.
Here are JUST SOME of the changes in our new AI Law Abundance Epoch…
