We have carefully read the column published Thursday September 7 in Le Monde du Droit et le Village de la Justice and entitled: “Legaltechs and Lawyers: behind the scenes”. We understand that legaltechs which connect lawyers and clients should be subject to a label issued by the Bar Association.
Do legaltechs legally need to be regulated?
This question raises many thorny points:
- What is legaltech? Jarvis Legal is a legaltech, like Clio or MyCase in the United States. Doctrine.fr is also a legaltech. Should we be regulated by the Bar Association?
- How to distinguish start-ups bringing business to lawyers? Between those considered “just” and those “unjust”?
- Is the Order competent to regulate this activity? Many companies sell legal document templates without being lawyers. Will they also be banned?
If this idea were to continue, we would be very interested in participating in the reflections and decisions that would be taken.
Should legaltechs morally be managed by lawyers?
The question posed here is interesting: do you have to be a lawyer to respect ethics? And do you even have to be a lawyer to behave ethically in business?
It seems to us that the answer in both cases is: no.
Some lawyers do not respect professional ethics; indeed, it is the role of the bar association to verify this. Some entrepreneurs do not respect the law: it is the role of the courts to put an end to these practices.
Thus, from our point of view, the vast majority of lawyers and entrepreneurs respect the law, professional conduct and ethics, or in any case strive to do so.
Are lawyers also more legitimate on technological matters? In any case no more than engineers or any other profession.
Legaltechs bring much more value than they destroy
For our part, we have written several articles attempting to explain how #legaltechs bring value to lawyers, not against them. For example, we challenge the term "uberization of law" in [link to article] . In concrete terms, we believe that #legaltechs, regardless of their positioning, primarily work for lawyers, not against them. In any case, none of them claim to replace lawyers.
Thus, if we look at the situation in the United States, we see that the future of the profession in France is optimistic. The increase in the number of lawyers and their average income occurs in parallel with the increase in investment in technology and a rapprochement between colleagues.
This is why, beyond the anxieties raised by these changes in the market, the most difficult and most contested revolution remains the cultural revolution: moving from the artisan lawyer to the entrepreneurial lawyer. And for this, #legaltechs, whether they are signatories to this forum or not, bring a lot of value!