2.1 DE LAS TRAMITACIONES
2.1.2 Documentos necesarios para la tramitación de Permisos y Avisos de Obras .1 Disposiciones generales para la tramitación de Permisos de Obras
3.86 ‘In thinking about the future, discussion will at some stage gravitate towards information technology’ (Susskind, 2012:6). The likelihood that technology will radically change the ways in which at least some legal services are delivered is beyond dispute. Technology, particularly through increasingly sophisticated forms of blended and e-learning also has the potential to
transform41 the delivery of LSET. One of the questions for the LETR is therefore, how might
these technologies connect? In other words, what can those who are planning LSET learn from the use of technology in practice?
3.87 Richard Susskind (2012:6) and the ‘Young Lawyers Forum’ (YLF) convened at the end of the LETR research phase both recognise the continuing relevance of Marshall McLuhan’s insight that ‘the medium’ is indeed ‘the message’, and that technology does not just automate ‘old’ ways of working. When the innovative potential of ICT is harnessed, it actively changes the ways of working, and, often, what is delivered.
3.88 Much of the discussion of ICT in LETR focus groups demonstrated lawyers’ greater familiarity with automation rather than innovation. The capacity of technology to enable things to be done differently rather than just more quickly, easily and/or thoroughly appears to be underestimated by respondents.
41 See Literature Review Chapter 8.
COMPLETEL Y AGREE AGREE SOMEWHA T AGREE NEITHER AGREE NOR DISAGREE SOMEWHA T DISAGREE DISAGREE COMPLETEL Y DISAGREE MISSING Barristers 5.8% 4.5% 12.3% 11.0% 16.8% 18.7% 15.2% 15.8% Solicitors 2.8% 4.0% 12.0% 9.8% 15.7% 18.5% 21.2% 16.0% CILEx members 3.7% 4.3% 12.3% 10.5% 15.4% 17.3% 20.4% 16.0% Weighted Average 3.7% 4.2% 12.2% 10.3% 15.8% 18.1% 19.6% 16.0% All Respondents 4.2% 5.3% 13.4% 10.7% 16.3% 16.9% 18.6% 14.6%
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3.89 In terms of understanding the impact of ICT in practice, focus groups highlighted a number of recent developments that were thought to be significant, including, notably, e-disclosure and the growing use of a range of technologies in and around the courtroom such as telephone hearings and live video links. The need for an awareness of online dispute
resolution was also highlighted as being an important element in future training.42
3.90 In the context of trends and developments in the sector, another relevant aspect of technological transformation is its capacity to change the marketplace and consumer behaviour. Key factors here are likely to include:
The market impact of ICT companies
3.91 Specialist legal ICT firms, and online publishers could have significant impact by investing in creating markets that are grounded on a commitment to technological innovation. Behind these the ICT industry’s continuing capacity for rapid innovation makes technology a relatively high impact and high uncertainty driver. Generic developments which push at existing data and processing capacities, such as cloud computing, and, longer term, quantum computing (which promises to overcome the physical processing limitations of existing digital technologies) mean that the limits of what ICT can achieve are yet to be reached.
Advances in online legal service delivery.
3.92 A high proportion of lower-level legal problems can be resolved by information alone. Technologies that enable legal knowledge and expertise to be made available online, rather than relying on face-to-face (f2f) delivery potentially have a significant role to play in legal service delivery.
3.93 Technology in this sense may be a double-edged sword for legal service providers. On the one hand it can play a critical public legal service function, and may also direct consumers to legal services providers. DAS’s ‘Law on the Web’ illustrates this function: it educates,
provides free resources and acts as a referral mechanism to legal professionals.43 As
Susskind (2010:20) notes, ‘these websites have not displaced lawyers, rather they have offered legal insight and help to many people who otherwise would not generally have sought formal legal help’. This sits fairly well with a presumption, apparent in the LETR research data, that f2f will remain not just the preferred option but the norm across the legal services sector. For example:
The law firms... haven’t seen how technology can help them apart from sending an email with the advice ...I think there’s a lot of work being done by a bunch of lawyers that actually can be digitalised if you like. So that means less (sic) lawyers. ...This sort of need for face to face and advisory will always be there. I think because that’s what people want from us, trusted advice. They’ll only go so far in technology based but it can be so much more efficient.
Solicitor (our emphasis)
The impact of established technologies should not be discounted. The LSCP Tracker study thus indicates that, overall, only about 42% of legal services were delivered f2f in 2011-12, whereas another 40% were supplied by telephone or email/internet (LSCP, 2012).
42 This will be the case in a variety of contexts. See, eg, the proposed EU regulation for ODR in consumer disputes and UNCITRAL proposals. 43 DAS Legal Expenses Insurance Company Limited. See http://www.lawontheweb.co.uk/
3.94 The emergence of new online providers, like LegalZoom and Rocket Lawyer, albeit supported by a human interface, is already indicative of the ways in which the market may be moving. Such online providers may increasingly challenge and substitute for traditional f2f providers, particularly as the technology moves from ‘search engines’ to far more powerful
and intuitive ‘discovery platforms’.44
3.95 It is thus quite possible to foresee, particularly in lower value consumer transactions, that the interplay between cost, technology and accessibility leads to the prevalence of online delivery for some services. Face to face advice may become a luxury for which there would be a premium. As one member of the YLF said:
[S]ome things will benefit from personal service but it will be a two tier market - those who can pay for personal face to face service will get it.
3.96 Technology therefore has longer term implications for the type of legal roles in the
marketplace and may contribute to a reduction in the number of traditional lawyers. Some of this number may be absorbed into the kinds of new roles Susskind (2010, 2012) describes for legal information technologists, knowledge managers and legal process analysts. Such roles would also require new technical skills, and a greater understanding of the potential for ICT to innovate, not just automate.