May 2008 Nevada Lawyer

PRESIDENT'S MESSAGE: THE CHANGING FACE OF LAW PRACTICE IN NEVADA

By Nancy Allf, Esq.

“Progress occurs when courageous, skillful leaders seize the opportunity to change things for the better.”

Harry S. Truman

As the State Bar of Nevada celebrates its 80th year, many of us are looking back at where we’ve been, and how far we’ve come.  But this is also a time for looking ahead.  I recently had the privilege of attending the Western States Bar Conference in Tucson, Arizona. There, speakers Tom Lyons and Fred Ury presented a lecture entitled “The Future of the Practice of Law.” There is no doubt that change is on the way – change which will affect everyone in the legal community across the nation. Among the topics of discussion were:

1. Adjusting to an aging demographic of law practitioners

2. Outsourcing of legal services

3. Keeping pace with changing technology

4. Discussing a national bar exam, and

5. Establishing mandatory, formal mentoring programs.

While these issues may well become important to State Bar of Nevada members, I would like to focus on the items which I believe will present the biggest challenges to Nevada lawyers in the coming years.

First is the changing face of Nevada. The population of our state is growing and aging rapidly. There are currently 33 million AARP members in the U.S., and someone else becomes eligible for that membership every seven seconds. As the Nevada demographic ages, our attorneys are going to have to adjust to its needs. Our attorneys are getting older as well, and believe it or not, there are fewer of them. Fifty-five percent of U.S. lawyers are baby boomers, many of whom are approaching the age of retirement. In proactive response to this fact, at its March meeting, the Board of Governors approved a Senior Lawyers Section.  Among other services, this section will provide information and develop programs for senior attorneys. We are also seeking approval for an Emeritus Program, so inactive lawyers can handle pro bono matters.

Globalization and outsourcing are other trends which could, ultimately, have an impact on Nevada lawyers. Currently there are one million lawyers in India who are not only English-speaking and trained in common law, but are also willing to do legal work for only $6 an hour. The Internet makes it convenient for cost-conscious clients to seek and find their services. Due to changes to the rules of multijurisdictional practice and the proposed General Agreement on Trade in Services (GATS), it is now easier than ever for lawyers to practice the law across national boundaries. Forester Research estimates that more than 40,000 lawyers’ jobs will be outsourced to India by the year 2015. Additionally, many firms are shifting support operations overseas in an effort to cut costs. It may be time to consider what these developments will mean for the practice of law in our own state.

Technological advances can be a great asset to the legal practitioner, but if an individual or firm fails to keep on top of these changes, he or she runs the risk of becoming obsolete. Most clients expect their legal counsel to use the most efficient methods at hand, and they are now connected, through the Internet, to more legal service providers than ever. E-law firms are on the rise across the United States. Because running a firm online is less expensive, e-law firms can offer services for very low rates. It will be interesting to see, over the coming years, how Nevada attorneys adapt to newly available technology, and how our bar will regulate them, as well as how technology changes the way attorneys run their businesses.

Ultimately, Nevada’s lawyers, like lawyers across the nation, will have to adapt in order to survive in this sea of change. Lyons and Ury suggested that we begin focusing on things like “value-added” work over “commodity” work, look into outsourcing and homesourcing (with disclosure to clients) as a way to cut costs, be aware of the shifting demographics and the resources available to the consumer and, perhaps most importantly, keep up with the technology necessary to survive in today’s market.

The State Bar of Nevada is looking toward the future of our legal community.  At its regular meetings, the Board of Governors examines many issues which will affect members of the state bar in years to come.  Our next meeting takes place in June, just prior to the state bar’s annual meeting. 

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Please join us in beautiful Santa Barbara for the State Bar of Nevada’s Annual Meeting. This year’s meeting will be held from June 18 to 21 at Fess Parker’s Doubletree Resort, a beach-front luxury hotel. As it does every year, the meeting will afford bar members an excellent opportunity to network, earn all annually required CLE credit and have a good time with family and friends. We look forward to seeing old friends and new faces (there are special rates for first-time attendees), and I hope to see many of you there. Together we can celebrate our first 80 years, and keep laying a solid groundwork for the future of lawyers in Nevada!

For more information on the annual meeting, see the back cover, or go to

http://www.nvbar.org/cle/annmtg/annmtg.htm.