eLawyering: Apps for Justice

A new course at The Colleges of Law called eLawyering introduces students to the growing uses of technology in the practice of law to benefit both attorneys and clients.

eLawyering: A New Course for the Future of Law

According to The Santa Barbara & Ventura Colleges of Law Professor Jeannette Eicks, J.D., in roughly 70% of civil cases in the United States at least one party proceeds pro se, meaning they represent themselves in legal proceedings. This startling reality helped to inspire Professor Eicks to create a new elective course that offers law students insights into ways to improve the delivery of, and access to, legal services for a broader segment of the population through the use of technology. Called eLawyering, the course focuses on the intersection of the legal profession and technology in three areas: innovation, automation (including AI), and data.

For Professor Eicks, who is The Colleges of Law’s subject matter expert on technology and the law, the digital realm is an essential part of her background. “I started programming with my mother when I was 10,” she says, adding that she became a computer science professor after she graduated law school before moving back into the law field. Since then, she has blended the two disciplines. Eicks’ goal is not to introduce technology for its own sake. “My interest is in creating legal efficiency, enhancing legal services, and expanding access to justice,” she says.

Making the Case to the Change-averse

In a profession grounded in centuries of tradition and practice, pushback against innovation was inevitable. “There can be a lot of market pressure against lawyer efficiency because that means fewer billable hours,” Eicks explains. Also, the unauthorized practice of law is a challenge. For example, if an attorney only barred to practice in California creates an app, then only residents of California are authorized to use it.

“On the flip side,” Eicks says, “pressures from customers are driving lawyers toward efficiency.” And while some e-lawyering products, such as LegalZoom and Rocket Lawyer, are quite popular, there is a consensus that the profession is behind the curve. A recent study by the McKinsey Global Institute estimates that 23% of tasks currently performed by lawyers can be automated with current technology.

In order to illustrate the broader principles covered in the course, Eicks asked each student to create an app that accomplished a task they would perform as lawyers. “An important part of what we’re doing is learning to provide access to legal services and to drive down the cost of legal services,” Eicks says. Among the 38 students in the class, there was a range of proficiency in the development of their projects, though some were quite successful.

Teaching Legal Tech Through Apps

The students used a program called Afterpattern to develop their apps. Many students chose to design apps that perform what is commonly called “pre-law,” meaning that they help clients in advance of a filing or a court appearance to ensure they have all the necessary documentation. “Usually, there’s a lot of back and forth over missing documents,” Eicks says. “Whereas, if a client completes a form ahead of time with the assistance of an app and attach all the necessary documents, they’re ready to go when they walk into a law office.”

Student Brooke Darnall developed an app that walks users through advanced directives and durable health care power of attorney procedures. Darnall, a 3L, says, “I’ve never pictured myself in a traditional attorney role, but I entered law school knowing that I wanted to learn complex laws and policies in order to help translate them to the average person.” Having heard about the role of “legal knowledge engineer” for the first time in class, she now says, “Perhaps I can help to build AI systems that fulfill my goal of translating complex laws to average people and increase access to justice.”

Preparing Students to Practice

While Eicks understands that some lawyers have concerns about the effect of the broader adoption of technology, she hopes that the key takeaway from the eLawyering course is that law students understand that technology can be used to expand their legal practices, not reduce them. “I focus on preparing students for the practice of law in the future,” she says.

Eicks adds that Dean Jackie Gardena has been forward thinking when it comes to the promise of technology for the legal profession. Eicks credits The Colleges of Law for leading the way by bringing technology into the J.D. program.

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