Recently in one of my online lawyers groups, an attorney lamented that her state bar association had made self-help forms available for family law litigants at no cost and in addition, had started conducting free trainings to help users complete the forms. The attorney reported that many family law attorneys are up in arms about this recent development because the forms and training are open not just to indigent clients but also to those who have the money to hire lawyers which would in turn, detract from family law attorneys’ business. Other lawyers seemed more hopeful, anticipating additional work cleaning up the mess that the DIY forms would inevitably cause.

These kinds of attitudes are troubling on many levels.  For example, even if clients can  afford a lawyer, they simply prefer to spend the money on college tuition for their kids or a home remodel.  Here’s an analogy – when I vacation, I can afford to stay at fancy, all-inclusive hotels with meals and other extras included. But I invariably choose cheaper accommodations with facilities to prepare some of my own meals so that I can use the money saved for a second trip.  Indeed, I’m not alone; my proclivities explain the popularity of platforms like Air BNB.

Moreover, why should clients pay pay $350/hour for work that technology now enables them to do on their own? Before technology, DIY forms weren’t realistic or convenient for many clients – requiring them to either purchase forms or trek down to the courthouse during the work day to procure them, and then spending hours and bottles of whiteout to complete them. But online forms are much easier; clients can complete them after hours from the comfort of their home, or on the go via their phones. 

What lawyers simply fail to realize is that times have changed and we can’t stop this train. And worse, as lawyers fritter away time trying to turn back the clock, they lose the opportunity to gain a first mover advantage in the new world that’s emerging.

There are plenty of ways that lawyers can leverage these new tools to capture clients. These include:

1. Holding workshops for clients explaining the forms and potential drawbacks and then charging for attorney review of the forms;
2. Create an assessment test (which can easily be done through a tool like Typeform to identify – based on the lawyers’ experience – those scenarios where forms are like to work well and those where they do not, and explaining the consequences;
3.  Develop a service like Forms + where clients receive personalized attorney advice but complete forms on their own

By entering the market now, lawyers can get a leg up on competitors who may not figure out that their business will decline until the phone stops ringing and it’s too late.

This post, however, isn’t only about the steps lawyers can take to future proof a practice. It’s also about the mindset that we must have to confront the future.  Because the truth of the matter is that no one ever achieved fortune or success by looking backwards. When the Pilgrims sailed to the new world, they faced hardship beyond what they ever imagined – yet when the Mayflower returned to England, none of the Pilgrims went back.  Countless entrepreneurs launch businesses – many of which fail spectacularly – yet few return to the 9 to 5 world where they started out.  By contrast, in popular lore, those who cling to the past – even for a brief glance – are punished by death  (think John Henry who defeated the steam engine with his bare hands only to die of a heart attack) or Lot’s wife who turned into a pillar of salt when she turned to look back while fleeing Sodom.

The bottom line is that nothing good has ever come of looking backwards and longing for a past that was never all that great to begin with and that is crumbling under our feet. Today, we stand on the cusp of making law widely accessible in a manner that was never possible and opportunities abound – so long as we keep our eyes on the open horizon and never ever look back. 

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