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Glass Half Full : Decline And Rebirth Of The Legal Profession

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BOOK REVIEW: GLASS HALF FULL, The Decline and Rebirth of the Legal Profession, by Benjamin H. Barton Given the title of the Professor Benjamin H. Barton’s densely written, statistics laden, and challenging book addressing the history and future of the legal profession in the United States, one would suppose that lawyers would find the overall tenor of the book to be positive and encouraging. One would be wrong. For many lawyers, reading Barton’s book will be as disturbing as reading one’s own autopsy report because it is essentially a forensic study of the death of the legal profession as we know it. But, like a good medical examiner, Barton expertly examines the corpse of the legal profession and prepares a precisely written report of …show more content…

But there is some good news for Big Law. Corporations are immune to sticker shock when it comes to “bet-the-company” transactions and litigation, and will pay top dollar for such highly specialized legal work requiring the best legal talent. According to Barton, “[t]his is consistent with the winner-take-all economy: the most profitable firms and most in-demand lawyers get richer doing truly specialized work, and everyone else falls back toward the pack.” [page 3]. “Death from below” is manifested by low level, bespoke legal services, such as preparation of wills and incorporation documents, which have traditionally been done by solo practitioners and small firms, are now being offered by LegalZoom, Rocket Lawyer and other online providers. Thus far, in-court litigation appears safe from the brave new world of computerization. But Barton points out that Turbo Tax-like online programs are accessible online (e.g. in Tennessee) that will allow pro se litigants seeking an uncontested divorce to generate the required pleadings that can be filed with the district clerk’s office. And there is movement to do an end run around the judicial court system entirely and have disputes resolved through various online forums such as Modria, Cybersettle and other online dispute resolution systems. “Death from the State” comes from the various tort reforms enacted through state and federal legislation. The “first wave of tort reform”

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