Navigating the Future

The Private Legal Practice Landscape

Since the release of the Queensland Law Society Job Readiness of Law Graduates and Entry-Level Solicitors report¹ in 2023, technological developments have continued to shape legal practice in ways unimaginable before the introduction of generative artificial intelligence (GAI) platforms.

While it is early days in the rollout and adoption of this technology, it is anticipated that over time technological developments in legal practice will result in increased efficiency and accuracy as well as reductions in legal costs² and enhanced access to justice³.

Still, the requirement for traditional practice-based skills remains at the forefront for most employers.

The QLS Report – Insights and Observations

The QLS Report – the result of a pioneering collaboration between the QLS and the Bond University research team⁴ – highlighted empirical insights collected from 1300 Queensland legal professionals in private practice on the competence and job readiness of newly admitted solicitors. It revealed significant differences between employers’ expectations of law graduate skills levels, and the graduates’ understanding of their skills and competency levels following admission. The research also revealed disparities between wage expectations by employers linked to the value of graduates to the firm, and vice versa.  

One of the profession’s concerns – the reluctance of some graduates to make phone calls to clients – was reflected in a recent article (where the phenomenon was labelled ‘telephobia’), suggesting the lack of this basic skill is potentially harming their careers.⁵ Other commentators have emphasised the crucial nature of effective face-to-face communication skills as well as maintaining connections and building relationships in workplaces, which can be challenging in the new world of flexible work practices post COVID.⁶ 

Through their survey responses and participation in focus groups, practitioners identified several key skills and competencies essential for graduates and early career lawyers, including: 

• effective verbal communication skills – with colleagues and in particular, the ability to make telephone calls;
• the importance of basic grammar and spelling skills;
• the need to be able to draft clear and concise letters, documents, and other communications appropriate for a legal office;
• strong dispute resolution, advocacy, and court skills; 
• higher-level skills such as the ability to think strategically, think creatively and use problem-solving strategies;  
• an understanding of work management, time management, legal business skills as well as an understanding of clients’ commercial and business realities;  
• the ability to seek out and take on board constructive feedback.

Suggestions by the profession about ways to improve the current legal education framework included: 

• a stronger emphasis on practical skills and practical assessments throughout the law degree;
• raising academic standards by increasing academic entry levels to the degree and increasing the rigor of assessment; 
• fully reviewing the law curriculum and Priestley 11⁷ subjects;
• changing the length of the law degree and/or the length of practical legal training (PLT);
• a review of PLT Competency Standards⁸; 
• the introduction of more substantial periods of practical work experience prior to admission;
• longer supervision periods post admission;
• creating an environment where graduates can thrive.

Moving Forward – The Impact of AI

The emergence of AI compels us to consider the importance of developing new legal technology skills including prompt engineering, risk management for AI implications, higher level critical thinking skills, ways of managing ethical and privacy considerations as well as accuracy and fact checking. 

Closer to home Australian expert Nick Abrahams has taken a more positive approach about using GAI in the legal profession, saying: ‘I absolutely see it as a wonderful tool to augment the skills that we can offer to our clients. And at the end of the day, clients come to lawyers because they want the lawyers’ judgement – people don’t like DIY.’⁹

Abrahams also noted that now was a good time for lawyers ‘to upskill and understand how the technology can support the solutions they provide,’ as well as being aware of megatrends and changing demographics, and making sure the services they offer are fit for purpose.¹⁰ 

AI concerns in the workplace are also supported by international research. In 2023, Goldman Sachs undertook economic research in the USA which found the legal profession has high exposure to automation of tasks by AI, estimating that 44 per cent of current legal work could be automated by AI in contrast with other industries’ average which was only 25 per cent.¹¹ 

There are, however, many skills and competencies that AI cannot replace (yet). These include some of the particularly crucial human skills in legal practice, such as the ability to keep up with the ever-changing and evolving law landscape within the context of society, applying legal expertise tailored to client needs, exercising empathy and judgment when interacting with clients, building relationships, negotiating, strategising and appearing in court. Humans are still needed to oversee AI, particularly given the shortcomings and risks associated in these early days of this technology. 

In future, interpersonal skills will be the cornerstone of a successful legal career and law graduates will need to continually refine these abilities to stand out in a competitive market. The rise of AI will free up time for lawyers to focus on higher-value work, necessitating a strong foundation in people skills. One potential advantage may be enhanced lawyer well-being through a shift towards more creative roles. By automating routine tasks, especially for law graduates, AI can alleviate the burden of repetitive work. This means that lawyers may experience improved job satisfaction as AI takes on mundane tasks, allowing them to focus on higher-level, creative problem-solving. This will be particularly beneficial for law graduates starting their careers.

Striking a balance between technological innovation and the core human aspects of legal practice is essential. We must carefully consider how technology can be integrated to improve legal services without compromising quality. The AI-driven legal landscape is evolving rapidly and can only become more sophisticated over time. We will need to embrace the qualities which distinguish us from machines, particularly our judgment and ability to connect with others and enhance the client experience, which are core to our profession.

About the Authors: Dr Francina Cantatore, Ms Tanya Atwill and Professor Rachael Field are the chief investigators and authors of the Queensland Law Society Report:  The job readiness of law graduates and entry-level solicitors in private practice, available at https://www.qls.com.au/About-us/Current-Initiatives/Market-research-Job-readiness-of-law-graduates-and.

Footnotes
¹ Francina Cantatore, Tanya Atwill & Rachael Field, The job readiness of law graduates and entry-level solicitors in private practice, <https://www.qls.com.au/About-us/Current-Initiatives/Market-research-Job-readiness-of-law-graduates-and>.
² Joseph Briggs & Devesh Kodnani, 26 March 2023, <The Potentially Large Effects of Artificial Intelligence on Economic Growth (Briggs/Kodnani) (gspublishing.com)>.
³ Joel Tito, Centre for Public Impact, <https://www.centreforpublicimpact.org/insights/joel-tito-ai-justice>.
⁴ Francina Cantatore, Tanya Atwill & Rachael Field, The job readiness of law graduates and entry-level solicitors in private practice, <https://research.bond.edu.au/en/publications/the-job-readiness-of-law-graduates-and-entry-level-solicito>.
⁵ Narelle Hopkin, 28 June 2024, Young people hate making phone calls – could it be hurting their careers?,<https://www.thenewdaily.com.au/preview?p=1835349&ahe=761c21f3d95c95b77144d001f8adefb88636b5382375ca721a06a46a16b93d20&acid=4199596&utm_campaign=Morning%20News%20-%2020240628&utm_medium=email&utm_source=Adestra&lr_hash=8f44b6f9d076ca89aa59e018a569415c>.
⁶ Grace Robbie, 27 June 2024, “Why relationship building is more important than ever”, Lawyers Weekly <https://www.lawyersweekly.com.au/biglaw/39979-why-relationship-building-is-more-important-than-ever>.
⁷ The 11 law subjects required to be successfully completed for candidate status for admission into practice as a legal practitioner in Australia, See <https://web.archive.org/web/20140205080146/http://www1.lawcouncil.asn.au/LACC/images/pdfs/212390818_1_LACCUniformAdmissionRules2008.pdf>.
⁸ APLEC, <https://aplec.asn.au/resources/>.
⁹ Cayla Marchant, 27 January 2023, <Lawyers ‘augmented’, not made obsolete by AI – Proctor (qlsproctor.com.au)>.
¹⁰ Ibid.
¹¹ Ibid 2.