Gov. Jerry Brown signed a bill last month that requires all smartphones sold in California to include a “kill switch.” The purpose of this bill is to enable an owner who loses his/her smart phone to, remotely, make a smartphone worthless to a thief. By flipping a switch remotely, the owner of the phone can “kill” all the data that is on the phone. As one has put it, the phone will become a “brick” and nothing more.
However, the bill also contains a provision that allows the government to flip the kill switch as well. One can only imagine the irony of this technology. As we have become more democratic,, more of an open society, more easily able to communicate with the far reaches of the world,, we now have a provision that will enable our government to shut us down. Can you imagine what would have happened in the Soviet Union had Gorbachev not been able to communicate with the outside world in the 1990s? Can you imagine what would have happened in Ferguson, Missouri had the local citizenry not been able to use their phones, iPads,, twitter accounts and other social media to describe what was happening there? Now, all of a sudden, the state of California is able to close down smartphones that might protest against a given activity.
Although theft of smartphones is a serious issue, curtailing Democratic action is far more serious.. Public protest is an old form of activism. Technology has made such activism more widespread and more easily dispersed. Technology can, should not, be used to curtail active public input.
In a recent Indiana trial court proceeding, the judge held the attorney in contempt of court because he failed to follow a local court rule: where socks. While most of us have heard the mantra of dressing for success, one has to wonder how deep can the client see? Does a client know whether you are wearing a T-shirt, underpants or as in this case, socks? Apparently, the judge saw bare skin next to shoe leather, and was offended. One has to wonder about the sensibilities of the court…
Many writers and “pundits” suggest a doom and gloom forecast for the legal profession, Among those who say, “Wait a minute,” Neil J. Squillante puts a different spin on our world. See Neil J. Squillante. First, he separates the legal business into segments. Not every segment will be impacted in the same manner. And thus the close to 80% of the legal profession who represent the “consumer” market of individual customers are likely not to be affected, at least in the short run.
And yes, while technology will impact every lawyer, the impact will have different ramifications and benefit lawyers and legal consumers differently. First, being more efficient, lawyers can be more profitable … or at the very least, get off the annual rate increase treadmill. Not all consumers will need or understand the effects of technology on a lawyer’s practice. Richard Susskind, a thought leader in our profession, suggests four elements of change that will dramatically alter the profession. I concur with him in only one of his four elements, and that is technology. The others can have their impact traced to earlier times, just as in other industries. But, technology, that is an area where the legal community has lagged far behind in innovation. Today, such innovation is moving ahead at lightning speed. And its impact has been recognized even by the organized Bar which is including technology proficiency as an element of the definition of “competency” to practice law.
Being more efficient and effective in using technology to perform legal services will, for the first time, enable and encourage lawyers to alter their billing modalities and move away from the billable hour should they choose to do so … and this will have a major impact on consumers, both large and small. This will be a game changer. While technology itself will not be the catalyst for major change, the changes wrought from technology’s utilization will. This will not happen overnight, but when we look back in the rear-view mirror, we will ask ourselves “how did that happen so quickly?”
During the Labor Day holiday, we spent some time traveling to several “food spots” in Los Angeles that were highlighted by the food editor of the Los Angeles Times. One of them was Bulgarini Gelato, maker of one of the best gelato delights we have had; another was The Oinkster, serving pulled pork as good as can be found in Kansas City. Hope you had a relaxing and regenerating holiday.
