The Impact of Computers on the Legal Profession: Evolution or Revolution?

"When the first personal computer appeared in a law office, the practice of law underwent a profound change. "* "The professional lives of lawyers (not to mention their personal lives) have been fundamentally and forever altered by the introduction of a new medium - the Internet. "% "For many, it is difficult to imagine practicing law for even one day without using the Internet in some form. "n "[MJy expectations of IT and the Internet are that they will fundamentally, irreversibly, and comprehensively change legal practice, the administration of justice, and the way in which non-lawyers handle their legal and quasilegal affairs. . . . I anticipate, in the somewhat regrettable jargon, a complete shift in legal paradigm. "n I. Introduction 1828 II. A Prefatory Note: What Doesn't Depend on Computers Nowadays? .... 1 830 III. Ways in Which the Computer Affects the Legal Profession 1830 A. Law School 1830 B. Law Office Operations 1833 C. Computers and Court Operations 1835 D. Electronic Discovery 1843 E. A New Criminal Procedure? 1848 IV. Contrasting "Revolutionary" Developments 1851 A. A Different Legal Profession Metamorphosis: A Revolution in Law Firm Operations? 1851 B. A Different Technology: A Revolution Due to the Telephone ? 1855 C. A Different Profession: A Revolution for Doctors? 1858 V. Conclusion: The Semantics of Change 1864 I. INTRODUCTION Computer enthusiasts like to claim that they have changed the world, and it is hard to deny that computers have had a significant impact. Take some examples from the recent popular press, which tell us that: computerbased matchmaking can replace hit-or-miss human dating;1 events in Estonia suggest that "cyberwar" may be a new threat;2 energy shortages may be accelerated by the growing consumption of electricity by computers;3 technology allows people to move to resort cities and maintain their big-city professional lives, leading to a "transformation of rural communities";4 restaurant reservations have moved to a new level because of computerization;5 and cell phones are used for musical performances.6 As a singularly information-dependent profession, the field of law could hardly escape the impact of the Information Age. As they do with so many other things, the computer enthusiasts regard this impact as revolutionary. My focus in this Essay is on how to evaluate that claim. To do so, one must be both selective and somewhat general. "The analysis of society and technology has been a central issue in sociology since its beginning,"7 and it is beyond the scope of this Essay to revisit or recreate such a longstanding undertaking. Thus, examining the range of impacts of computer technology on the legal profession necessarily requires selectivity, which prevents deep examination of many topics. Subject to these constraints, I survey an array of topics and consider the impact computers have had on them. I begin with a brief reflection on how one decides what aspects of activity computers affect and also recognize that computers' impact on human behavior in America is pervasive. As a result, it is necessary to focus on certain impacts, principally those dealing with communication and information storage and retrieval. …