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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

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Bellevue Law—Sally Hall

Bellevue Law—Sally Hall

Employment boutique strengthens data protection and privacy offering with senior consultant hire

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
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