Traditionally, towards the end of the calendar year, the American Bar Association (ABA) publishes its annual Legal Technology Report (often referred to as the ABA Tech Report). It combines data from the annual Legal Technology Survey Report with expert analysis, observations, and predictions from leaders in the legal technology field. Noteworthy is that after the ABA publishes its full report, it always publishes a series of articles, focusing on a specific theme. For each of these, it offers a summary and analysis of the findings of the report. Those articles are published over several weeks. At the time of writing, six out of nine have been published. In this article, we’ll have a look at four articles of the ABA Tech Report. Next month, when all the articles will have been published, we’ll have a look at the remaining articles on the ABA Tech Report.
As was to be expected, the number of lawyers that use cloud services is still growing, with 58% of lawyers replying they were doing so, compared to 55% in 2018. As was the case in previous years, solo and small law firms lead the way, with cloud adoption around 60%. But compared to the rest of the business world, lawyers are still slow to move to the cloud.
The most important finding regarding cloud usage by lawyers, however, was the lack of security measures taken by lawyers when working in the cloud. The report warns that the situation is reaching a crisis point, as there were significant drops in the use of very standard cybersecurity practices. “Although lawyers say that confidentiality, security, data control and ownership, ethics, vendor reputation and longevity, and other concerns weigh heavily on their minds, the employment of precautionary security measures is quite low, with no more than 35% (down from 38%) of respondents actually taking any one of the specific standard cautionary cybersecurity measures listed in the 2019 Survey question on the topic.” (Law Technology Today).
Last year’s report concluded that ” All attorneys and law firms should have appropriate comprehensive, risk-based security programs that include appropriate safeguards, training, periodic review and updating, and constant security awareness.” The same still holds true in 2019. In some areas, progress has been made, but as the situation with cloud usage demonstrates, other areas still need a lot of work. Most law firms need to take extra steps in designing and implementing security solutions.
- 26% of law firms reported having experienced a security breach in the last year, while a staggering 19% didn’t know.
- In 2019, 31% of law firms reported having an incident response plan, up from 25% in 2018.
- When it comes to encryption, 44% of lawyers encrypt their files; 38% encrypt their mail, and 22% use full disk encryption.
- 33% of lawyers have cyber liability insurance, compared to 34% in 2018.
Websites and marketing
When it comes to marketing, the report again found there is much room for improvement, especially for solo lawyers and small law firms. The survey revealed that most of them do not have a planned approach to marketing in general, are clueless about online marketing, and may instead be engaging in “random acts of marketing.” For many law firms, it is unclear who oversees marketing, who is making the decisions and why. Law Technology Today summarizes the findings as follows: “The 2019 Survey results show that law firms—and especially solos and small firms—have a long way to go. Unless they begin to develop marketing plans and budgets, establish an online presence and regularly analyze whether their firms are reaching their targets, they will continue to face increasing difficulty competing for business.”
- Only 47% of law firms have a marketing budget, with some considerable discrepancies depending on the size of the firm: 94% of large firms, 61% of medium-sized firms (10 to 49 lawyers), 21 % of small firms (2-9 lawyers), and 17% of solo lawyers.
- 86% of law firms have a website: solo lawyers are again lagging behind, with only 57% of them having one, whereas over 90% of all the others have a website.
- The number of law firms with a blog has remained stable since 2016 at 30%, with solo lawyers again staying behind at only 9%.
- More lawyers than ever – about 80% – are using social media. LinkedIn is still the most used platform at 79%, followed by Facebook (54%), Martindale (38%), and Avvo (23%). Noteworthy is that the reported use of Facebook and Avvo has declined over the past year.
When it comes to demographics, the report found that the majority of respondents, no less than 71%, were male, although the gender gap decreased as age decreased. 33% of respondents was between 60-69, while less than 2% were under 29 years old; 21% were in their 50s.
With the exception of solo lawyers, the vast majority of lawyers still mainly work from a traditional office space. 34% of solo lawyers work from home. Overall, the profession keeps flexible working hours (offered by 77% of law firms) and mobile: roughly 50% of lawyers have telecommuted. 88% of those who telecommute work from home.
The report also found that there is a large and continuing gap between what the larger firms offer in terms of amenities, cyber protection, and training and what smaller firms offer.
Overall, lawyers are still working too hard, and continue to not acknowledge the strain this puts on their mental health.
Next month, we will have a look at the other findings of the report.