Here is my recent Daily Record column. My past Daily Record articles can be accessed here.
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Be curious and adapt–or be left behind
It is not the most intellectual of the species that survives; it is not the strongest that survives; but the species that survives is the one that is able to adapt to and to adjust best to the changing environment in which it finds itself.
–Leon C. Megginson
For many years, legal professionals had the relative luxury of disregarding technology even as it advanced at unprecedented rates. Ignoring it was unwise and arguably a failure of ethical obligations of competence, but it was nevertheless possible. You could remain oblivious without serious ramifications.
In 2012, avoiding technology became a professional liability when the duty of technology competence was added to Comment 8 of ABA Model Rule 1.1 by the ABA House of Delegates. Revised Comment 8 now states: “To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education, and comply with all continuing legal education requirements to which the lawyer is subject.”
Since that time, at least 40 U.S. states, including New York, have formally adopted the duty of technology competence in their versions of Rule 1.1.
Right around that time, the pace of technological advancement began to accelerate. Before 2012, Moore’s Law—which predicted computing power would double roughly every two years—held true. This steady, predictable level of change made it easy to overlook technological progress. However, that period of gradual evolution ended just as Rule 1.1 was updated, ushering in an era of rapid innovation.
At the same time, the demand for computing power to support artificial intelligence (AI) skyrocketed, doubling approximately every 3-4 months—far outpacing Moore’s Law. By 2019-2020, breakthroughs like OpenAI’s GPT-3 pushed AI beyond narrow applications, enabling automation and decision-making at a never-before-seen scale.
Then came 2022. With the launch of ChatGPT and other Generative AI tools, AI became not only more powerful but widely accessible. The rate of change continued to accelerate at a breakneck pace.
The end result is that today, lawyers no longer have the luxury of gradual adaptation. Falling behind means losing ground to those who embrace technology. Or, as is oft-repeated in legal technology circles, “Lawyers won’t be replaced by AI; lawyers who use AI will replace lawyers who don’t.” In other words, failing to adopt AI into your firm will ensure the loss of your competitive advantage.
Why? Because clients expect efficiency. Courts are digitizing. And, AI is impacting law firm workflows, from business processes and law firm management to legal research and contract review. Firms relying on AI tools will significantly increase productivity and reduce the number of new hires, ultimately increasing profitability.
AI-driven efficiency gains will enable firms to price legal services more competitively. In lieu of the billable hour, alternative fee models can be more easily implemented. Generative AI integrated into legal billing or practice management platforms can analyze law firm data and assist in determining competitive, profitable flat fees for matters, offering legal clients the cost predictability they prefer.
The bottom line: the days of gradual technological advancements are long gone. The pace of change won’t slow down, and neither can you. Firmwide technology education and adoption must be a priority, and innovative client service must take precedence.
In 2025, keeping up with technology is no longer optional—it’s a professional survival skill. The question isn’t whether AI will impact your practice but when and whether you’ll be ready when it does.
Nicole Black is a Rochester, New York attorney, author, journalist, and Principal Legal Insight Strategist at MyCase, CASEpeer, Docketwise, and LawPay, practice management and payment processing tools for lawyers (AffiniPay companies). She is the nationally-recognized author of “Cloud Computing for Lawyers” (2012) and co-authors “Social Media for Lawyers: The Next Frontier” (2010), both published by the American Bar Association. She also co-authors “Criminal Law in New York,” a Thomson Reuters treatise. She writes regular columns for Above the Law, ABA Journal, and The Daily Record, has authored hundreds of articles for other publications, and regularly speaks at conferences regarding the intersection of law and emerging technologies. She is an ABA Legal Rebel, and is listed on the Fastcase 50 and ABA LTRC Women in Legal Tech. She can be contacted at niki.black@mycase.com.