"The absurd man is the one who never changes" is a powerful phrase uttered by then-French Prime Minister Georges Clemenceau in the midst of his struggle to sign the Treaty of Versailles, which marked the end of World War I. Despite the numerous changes our society has experienced, the legal profession, particularly in Latin American countries, has remained relatively constant and resistant to change over the years.
Resistance to Change
It seems that the paradigm that law and its procedures are so formal that they cannot mix with technology continues to persist. Let's look at it from the Salvadoran perspective. Currently, in our country, we have had an Electronic Signature Law in place since 2016, but it wasn't until 2021 that the first electronic signature service provider was accredited by the Ministry of Economy.
Electronic invoicing has been a legal mechanism since amendments were made to the Tax Code in 2009. However, as of the beginning of 2022, the implementation of this system remains in a pilot phase by the Ministry of Finance, despite announcements that it would be implemented in the first half of 2020.
A significant step forward for El Salvador was the approval of the Electronic Commerce Law, as it provided a legal framework for contractual relationships conducted through technological means. However, without key tools such as digital signatures and electronic invoicing, the law falls short. Additionally, the country still lacks crucial legislation in the face of the technological evolution we've witnessed, specifically a data protection law. How can Salvadoran society continue to evolve without something as basic as the protection of their data?
A Train Not to Be Missed
The issue of Salvadoran legislation is an important starting point concerning the evolution of the legal profession in the country. If the regulatory frameworks that guide actions within a society do not adapt or new laws are not created to regulate modern and technological scenarios, such as the collection of personal data through electronic platforms, there is very little room for lawyers to operate.
However, while we may not be able to directly change the country's regulatory situation, we can change how we practice our profession. The effort to keep up with the technological revolution should focus on providing our clients with better and more efficient solutions.
Legal Tech, or Law Tech, refers to the implementation of technology in legal services. It may seem "disruptive" because it alters the traditional and conservative way of practicing law, but it is genuinely productive. Think about the vast array of technological tools available that can make lawyers' lives easier: document automation, ERPs, cloud services, electronic records, electronic signatures, Blockchain, among others. Why not use the time saved by automating a vehicle sale to provide a more personalized service to clients? Why not take advantage of the reduced billing errors that can come from using an ERP to handle cases?
Is This the End of Lawyers?
Innovation does not mean the elimination of our profession. While there are more and more tools that can effectively replace the work of a legal drafter, there will always be certain functions or details that we, as lawyers, can handle that software cannot.
Our profession is not solely about drafting documents filled with technicalities or contracts with as many clauses as possible; we are true legal advisors. Humans need that contact, that sense of "personalization," where they are heard. However, they also want quick results and minimal errors.
So, how do we become efficient, productive, and excellent lawyers? It is genuinely necessary to become technologist lawyers who seek new solutions, new ways of resolving issues, or creating new opportunities for clients. The key here is to have a user-centered experience, just like a programmer or designer developing products focused on users.
We must find that balance that keeps our profession useful and necessary but at the forefront. The most direct path to achieving this is by implementing technology, investing in tools that set us apart and make us better.
To become lawyers fit for the Industry 5.0, we must change, evolve, and innovate. We must stop being seen as an outdated or declining profession and become leaders in this new industrial revolution. We can continue to propose and urge legislators to update our legal framework to align with the digital reality we live in. But, making the legal profession evolve is something only we can achieve through a change in the classic paradigm, from the lawyer in a suit who only holds in-person meetings to shedding the traditionalisms that still prevail in our daily lives, such as thousands of paper files and unnecessary printouts.
Conclusion
Industry 5.0 is already a reality, demanding productivity, efficiency, green initiatives, technology, and sustainability. Let's embrace the challenge of positioning the legal industry as a leader in this new industrial revolution and make use of the tools that technological development has created. Let's allow ourselves to change, not to be absurd lawyers, as Clemenceau's phrase suggests, but lawyers who constantly seek innovation to provide efficient, excellent, and satisfactory solutions to our clients. Let's focus on our users and revolutionize the profession.