Could the Growing Trust in Technology Support Rule 5.4 Reform?

As AI and automation tools handle more legal tasks, the definition of what constitutes the “practice of law” evolves. Many lawyers who automate routine legal tasks quickly discover they can trust technology to execute established workflows as directed. Meanwhile, a new wave of legal professionals – licensed allied legal professionals (ALPs) – is emerging and is supported by the same technologies.?

Could a newfound trust in technology be the push we need to finally reform Rule 5.4 reform?

Reliable control and consistency??

Lawyers are finally embracing technology as a valuable tool to help them deliver consistent, high-quality legal services.

• 73% of law firm respondents reported increases in technology use. (American Bar Association, 2023)?
• 85% of law firms and 84% of legal departments expect to make greater use of technology to improve productivity. (Wolters Kluwer, 2024)
• 89% of law firm respondents acknowledge the efficiency enhancement brought about by legal tech, with 82% attributing the same to AI tools. Nearly 8 in 10 (77%) anticipate substantial investments in AI-based solutions to improve firm efficiency, profitability, and overall value creation. (Litera)
• 90% of legal executives surveyed expect their investments in generative AI technologies to increase over the next five years, with 70% believing these solutions will enable new value-added work product for clients. (LexisNexis, 2024)

Automated workflows enforce the consistent application of rules, guidelines, and precedents. Incorporating the use of preset templates and checklists and enforcing strict routing and approval rules aids in keeping ALPs on track to deliver high levels of consistency in legal services such as:

• drafting basic wills, contracts, and court filings?
• handling simple estate planning needs and uncontested divorces,?
• assisting with bankruptcy and immigration filings.?

Top lawyers in each practice area can establish precise workflows for automating how the firm creates, assembles, and handles these legal documents. Then, guided by the firm's document automation system, ALPs can prepare documents just as a lawyer would.?

Having ALPs take over these time-consuming activities frees up lawyers to focus on more complex legal matters and client counseling.?

Guided decision-making for optimal outcomes?

Law firms use AI-driven document analysis to extract more accurate data and insights faster than manual review. Lawyers can rely on these tools to identify a new matter’s specific issues and analyze the legal options to address them. Other tools can help predict potential matter resource needs based on historical data from similar cases.??

Decision-makers gain clearer, more specific insights into whether an ALP or a lawyer would handle a matter most effectively and efficiently. Matter intake tools can quickly assess specific criteria to determine whether to assign a new matter to an ALP or a lawyer to ensure the appropriate people handle each matter and speed its resolution. This is just one, small step among many automated processes that support ALPs’ abilities to help firms ultimately serve more clients overall.?

Monitoring and auditing tools ensure oversight

ALPs must and can adhere to the same ethical standards as the licensed attorneys whose supervision they work under. And now, AI can provide an extra layer of assurance through quality control mechanisms and oversight of the work ALPs produce. Legal software generates digital trails that document how ALPs complete their work. Supervising lawyers can oversee every process via real-time dashboards and perform audits to determine how outcomes were reached.

There are also good arguments against requiring lawyers to supervise ALPs directly. They include rigorous training and testing prior to licensing ALPs and the fact that ALPs can develop more in-depth knowledge in certain practice areas than lawyers do.

Regardless of the supervisory practices established, part of ensuring ALPs follow legal and ethical standards includes relying on AI and automation to ensure the integrity of the work produced. With an assist from modern technology, lawyers can trust that ALPs can complete tasks as directed and work products are as reliable as when they create them themselves.

Law firms are already moving forward with new technologies, assisted by Amicus Capital, a group of consultants who have been Transforming the Business of Law? for over 25 years. Call 1-877-926-4287 today to discuss how to meet your technology needs so your firm delivers consistent and reliable client services for decades to come.