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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 law firms grew into global enterprises but because of these

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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