"I Object!" (WK4)

In this blog, I consider the concept of "convergence" and think ten years in the future. How will the legal field be different and what role will convergence play, if any, in this work?

Let’s face it; we humans are pretty lazy when it comes to doing anything. We will always choose the option which requires the least amount of effort, time and brain cell stimulation. This applies doubly when it comes to our technologies. With the increasing demand that we humans have for our technological equipment to be efficient, cheap and compact, is it any wonder that the current trend in the development of technology is toward convergence (Zetie, 2004).



As the above video shows, contemporary convergence tends to lean toward the small and compact. But just what is convergence? Put simply, convergence is where different types of information technologies, communication channels and media are fused expediently together into one device (Flew, 2008; Wind & Mahajan, 2002). In response to the common desire of consumers to have one single platform which can perform a variety of functions that separate multiple devices can do, technology driven by success is inclined to convenience in size, price and use.

As Sinrod (2010) humorously explains, “When I first started writing on tech issues, in the late-1990s, I was much like ‘Inspector Gadget’ – I had a different device for every conceivable function, because I wanted it all...I dreamed of the day when all of this technology would come together, and it has beyond expectation. Now, our PDAs do it all.”


But what implications does this have on lawyers around the world? Well, as an interesting article by Richard Granat from 1998 explained, lawyers tend to be slow in adapting and adopting new technology trends. It is arguable whether much has changed in over 10 years. Why this article is so interesting is because it was written before the Internet had yet taken off for common use in legal practice. In 1998, extensive databases for legal cases and articles were something of the future, yet Granat predicted their huge implications on the practice of lawyers; even on the value of lawyers themselves.

The law has traditionally been based in print media, and as such, lawyers had the exclusive role of being highly skilled navigators of this large storage of information. This kept the average person on the street from being able to access this legal information. In other words, it contributed to the need for lawyers. But in the current age where all this information is converged with digital media, this legal information is readily available digitally (and for FREE!) to anyone with a computer and Internet access. What this means is that with one easy search and click, lawyers, Granat predicted, will need to adapt to this breakdown of professional barriers otherwise they may become something of the past.

Granat (1998) further predicted that if lawyers do not adapt, they may very well become a victim of disintermediation within the next 10 years. This basically means that the involvement of lawyers, who have been the mediators so to speak between the laity and the law, will no longer be needed in this transaction due to the digitalisation of the law. Whilst this will remove legal services that are replaceable, conversely and potentially beneficial, it will give those legal services which are irreplaceable more consumers (Granat, 1998).

In respect to the convergence of other technologies, Granat (1998) makes a rather intriguing prediction about its effect on legal practice. I say intriguing because, as a law student, I have not yet seen, read or heard about this sort of convergence of technologies being used currently in the field of law. But its probable future use within the next 10 years excites me. Granat (1998) explains that with the convergence of video, Internet, text and audio, legal documents have the potential to become fully interactive multimedia documents. These “smart” documents would be able to customise themselves to the reader, generating different forms and documents based on the user’s decisions. It will also incorporate multimedia files such as audio and video to teach the user about the law and record their scenarios as potential evidence, generating appropriate forms in response. Granat (1998) notes the small-scale use in small kiosks back then, and one can only anticipate the growth.

That said, part of the reason why this convergence has not caught on yet may be explained by users themselves. As Wind and Mahajan (2002) argue, convergence can mean much more than merely the synthesis of different technologies; it also has very much to do with the consumer themselves. As they argue from quite a volunteeristic paradigm, consumers and users of technologies shape the ways that technologies converge, finding and learning new ways to use the combined technologies which can now interact with each other (Wind & Mahajan, 2002). As Zetie (2004) observes, “Despite the rush to write obituaries for one format or another, I remain convinced that the market still needs diversity, not homogeneity. I believe that different variants will appeal to different people according to their needs.” The success of a convergence of technologies depends largely on the needs of consumers, thus one of the reasons these multimedia legal documents have been slow to catch on is that the legal clientele do not need them or are satisfied with the status quo. Nonetheless, I think it is only a matter of time before this changes.


Granat (1998) concludes by encouraging lawyers, who are in the business of communication, to learn new skills in converging electronic communication. As a law student, I can say that at least at my law school, this is fortunately being implemented for future lawyers. We as students are constantly encouraged, taught and instructed to use electronic legal resources. This will no doubt come in very handy later on.

References

Flew, T. (2008). New Media: An Introduction (3rd ed.). Oxford University Press: UK.

Granat, R.S. (1998). Re-Training Lawyers for A Digital Age. Retrieved 7 February, 2010, from:

Sinrod, E. (2010). The Decade of Technology Convergence. Retrieved 7 February, 2010, from:

Wind, Y. & Mahajan, V. (Spring 2002). Convergence Marketing. Journal of Interactive Marketing, 6(2), pp.64-79.

Zetie, C. (2004). Convergence or Divergence: What’s Next for Mobile Devices? Retrieved 8 February, 2010, from: