The quarterly publication of the International Legal Technology Association
Issue link: http://read.uberflip.com/i/43128
"It has been up to individual law clerks to pave the way in the creation of a new model of engagement." lawyer review. In an industry where time really is money, the ability to click a button and instantly access key documents has been both a mechanism for and an obligation to change. As a result of their expanding knowledge base, law clerks are able to provide greater value to the firm's clients and are generating quality deliverables that demonstrate their unique value. In the future, law clerks will increasingly work directly with clients to develop strategies and processes to manage electronic evidence in a more cost effective manner, meet court-imposed timelines and organize information in a way that is meaningful for the lawyers. A significant part of this shift involves the influence of technology on the legal profession — both in the form and volume of evidence and as a tool to deal with that evidence. Technology can be the bane of a law clerk's existence or her best friend. Louise James, Senior Law Clerk at Blake, Cassels & Graydon LLP, recalls the early days of law clerking when laying your hands on a typewriter might label you as "just a typist." Today, some law clerks may advise their junior counterparts not to be seen creating an index in Word. Over the past decade, a law clerk's mastery of the workstation — both from an operations and an architectural perspective — has become critical to her evolving role. The law clerk's ability to apply technology to the management of the indexing process, and evidence management as a whole, has catapulted her into a world of new possibilities and challenges. Many firms are starting to invest in and harness a largely untapped resource of competent, detail-oriented professionals who possess an evolving vision for their own contribution — and the dynamic of legal teams. According to James, "the future for law clerks is wide open in all areas of law, largely due to docketed hourly rates being prohibitively high for many tasks. Lawyers still face the highly regimented partner track, but law clerks are encouraged to become more specialized in their field, thereby enhancing their value to firms and clients." Law clerk roles now include that of database administrator, technician, trainer, consultant, litigation support coordinator, 80 www.iltanet.org Peer to Peer project manager and director — often in combination, and sometimes without a differentiating title or job description. Nor are there formal educational programs in place to support their development and performance standards in these roles. A New Species of Law Clerk There is currently a lack of vision and leadership around this evolving role, and it has been up to individual law clerks to pave the way in the creation of a new model of engagement on the front lines of their cases. Those embracing the electronic age often find themselves filling a project management function as legal teams make decisions on how to maximize productivity while minimizing costs. As the central contact for vendors, IT, clients and lawyers, law clerks are often acting as "case managers" as they coordinate resources, administer database deliverables, perform early case assessment and prioritize key documents for lawyer review. In fact, they increasingly delegate to third-party consultants and vendors such core functions as interviewing clients onsite and collecting and inventorying evidence. Rather than collecting the data themselves, they are now tasked with ensuring its defensibility; rather than performing the objective coding of indexes, they are now more likely to lead on the assessment of that data. Lawyers generally prefer to remain specialists in the practice of law, not in how e-discovery works; their main concern is that they get what they need — and that their case is not put at risk. The increasingly critical nature of processing paper into electronic formats in a timely and effective manner demands that law clerks play an instrumental role in improving document management practices in firms. Historically, one of the key aptitudes of law clerks has been their ability to work under the radar or behind the scenes to get things done in a timely manner. However, in this day and age, not only does this dynamic contribute to a diminished profile on the legal team, but it has the potential to put the case at risk by applying unauthorized procedures. Law clerks intuitively understand that when they make their lawyers look good and give them a strategic edge by using technology, they, too, will reap the