Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m A u g u s t 2 0 1 4 19 accounting, and data processing more efficient are also extremely expensive. An investment in these systems coupled with the cost to the organization of the subsequent layoffs they engender is often daunting and not necessarily a sav- ing — especially if the $100,000-a-year licence is replacing the work done by a $50,000-a-year employee. In the absence of a client relationship that will guarantee the firm a fixed level of income over the amortization period, a long-term investment in expensive tech- nology is a gamble (law firms also like budgetary certainty) — especially in an area as fast-paced as technology and where a product is frequently upgraded before the previous version has been amortized. Software companies are no more chari- table organizations than law firms! In addition, many smaller firms I have spoken to often comment they find the off-the-shelf technological offering to be overkill both in terms of cost and services. Another question not satisfactorily addressed in Tomorrow's Lawyers is that of data security and privacy. Here, I believe many lawyers are listening to and serving their clients well by not blindly turning to legal process out- sourcers and cloud solutions. Unless lawyers can guarantee their clients the utmost security, sending their data off- shore may, in fact, be detrimental to the client. There is a peace of mind in know- ing where one's data is and who will bear the risk in the event of a security breach. This peace of mind may cost more but it is a justifiable cost lawyers should not be shy to defend. Additionally, Canada has strict data protection legislation, as do many juris- dictions, and in many instances orga- nizations are not allowed to send infor- mation outside a Canadian jurisdiction unless they can ensure this information will be treated with at least the same degree of confidentiality by the receiving jurisdiction. There is something incon- gruous about lawyers who frequently travel for business to other countries with their portable computers wiped clean so as to avoid the risk of having any information seized through the "long arm" jurisdiction of the country in ques- tion to recommend to clients they store their information on servers to which these countries may have access simply to save money. While thought provoking, the novelty of Susskind's arguments wears off rapidly in Tomorrow's Lawyers. There is no argu- ing the legal profession, as any profes- sion, must make changes and technology is a driver that has always challenged — and continues to challenge — the way we live our lives. But technology is not perfect. Until Susskind scrutinizes the solutions he is proposing as finely as he does their corresponding problems, his rendition of what the future will look like remains incomplete. Danielle Olofsson is a knowledge man- agement lawyer at Dentons Canada LLP in charge of civil law. She has practised law in Montreal, Paris, and Stockholm and is a member of the Quebec and Paris bar associations. She can be reached at danielle.olofsson@dentons.com. Untitled-5 1 14-07-15 1:49 PM

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