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13 July 2018 / Bradford C. Brown
Issue: 7801 / Categories: Features , Profession , Technology
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Will ‘Rule of Code’ usurp Rule of Law?

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US lawyer Bradford C. Brown reflects on the decentralisation of law & the rise of the legal services business

  • Building a law business as opposed to a law practice.

For many years, lawyers have benefited from a structure that protects the practice of law from market forces—an ‘artificial moat’ around the practice of law, as described by legal thinker Ken Grady in his article, ‘Our confusion over what is a “lawyer”’ (The Algorithmic Society, 2018). Lawyering is a profession where in the early days, like an artisan, junior lawyers worked as apprentices to learn the craft under a seasoned lawyer, which created the notion of a guild. Inward facing Bar associations formed as fraternities of trades people, that—along with state licensing—limited competition.

Gradually, the law profession began requiring different skill sets as firms globalised into more businesslike structures. Yet law firms are still restricted by the rules that govern the profession of law, for example, those governing how a lawyer or law firm can market or advertise. Major

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MOVERS & SHAKERS

Penningtons Manches Cooper—Gary Walsh

Penningtons Manches Cooper—Gary Walsh

Marine finance partner strengthens Penningtons Manches Cooper's banking and finance practice

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

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The cross-party Justice Select Committee has warned legal aid is now a ‘service in managed decline’ due to ministers’ ‘inadequate’ and ‘disappointing’ response to its concerns
It would not be in the public interest to bring contempt proceedings against MI5 for providing unreliable evidence about its policy of ‘neither confirming nor denying’ someone worked for the intelligence services, the High Court has held
The Civil Justice Council has recommended a practice direction (PD) be drawn up to advise lawyers on the use of artificial intelligence (AI) in court documents
Courts modernisation champion and technology enthusiast Sir Geoffrey Vos has retired after an extraordinary career
Practitioners have welcomed two autumn budget reforms relating to inheritance tax on pensions
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