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Right to Disconnect: Feasible or fantasy for lawyers?

The “Right to Disconnect” law throws a curveball at law firms, forcing them to rethink how they operate. But it’s also a huge opportunity, writes Evana Diep.

user iconEvana Diep 24 September 2024 Corporate Counsel
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The legal profession must quickly adapt to the big change recently introduced in late August: the introduction of the federal government’s “Right to Disconnect” legislation.

Designed to shield employees from after-hours work-related communication, the new law challenges the deeply ingrained expectation in law firms that lawyers are always on call, but its implementation in a profession like law is anything but straightforward.

 
 

Lawyers typically work beyond the standard 40- to 50-hour week, often driven by urgent client demands or last-minute filings. Defining what counts as “unreasonable” after-hours communication in such a fast-moving field? That’s tricky.

Additionally, the longstanding culture of overwork – where staying late and working weekends has long been viewed as a rite of passage for junior lawyers – still exerts pressure on many legal professionals despite a gradual shift towards better work/life balance.

And this isn’t contained to junior lawyers in Australia, with the New Zealand Law Society reporting that a staggering 57 per cent of lawyers describe their job as very stressful. The reasons? They’re not hard to spot: long hours, difficult and intricate cases, relentless schedules, and, of course, challenging clients.

But this new law opens the door for law firms to address the broader issue of overwork, though it’ll take more than a culture shift for it to be a viable upheaval. Legal professionals need a turnover of the systems, processes, and data that dictate their workflows.

Data is everything. The ability to collect, analyse, and act on it separates thriving firms from the rest. And for many law firms, overwork comes from inefficiencies – such as trying to piece together incomplete or scattered client data.

Take contract management. Hunting down the right information can eat up hours. Now, imagine clawing back that time if AI systems were doing the heavy lifting. But AI only works well, and safely, if it’s fed clean, coordinated data.

Here’s where things fall apart: law firms and in-house teams, like many businesses, struggle with data silos. Critical information often sits in separate systems that don’t talk to each other. This can lead to duplicated tasks and process slowdowns. The inefficiencies pile onto already stretched teams.

But what if those silos were broken down? What if data flowed seamlessly? The potential is massive. Fewer errors. Faster processes. And more time for the work that really matters, and less overtime spent on the work that doesn’t.

It’s not just about smoothing out the daily grind, either. Integrated data systems are crucial if AI tools are going to make any real impact. Right now, many firms are already dipping their toes into AI to handle routine tasks such as document management, contract reviews, and responding to client queries. If done right, it could slash admin time.

Major regulatory bodies are also showing their interest. In New Zealand, the judiciary is taking a firm stance on AI in legal practice, introducing the Guidelines for the Use of Generative Artificial Intelligence in Courts and Tribunals. The aim is to ensure that while AI tools can streamline processes, they don’t disrupt the integrity of the legal system.

Transparency is key. Data security? Essential. Human oversight? Absolutely critical. Sure, AI can boost efficiency, but it can’t replace the need for fairness and accuracy in court proceedings.

And the stakes are high. Look at the 2023 US case, Mata v Avianca. Lawyers submitted a brief with fake extracts and case citations to a New York court – all because of bad data. It’s a stark reminder: law firms simply can’t afford these kinds of mistakes in high-stakes environments.

Instances like Mata v Avianca show us that AI can step in – but only if the data’s clean and only if it’s complementing rather than replacing the human elements crucial to legal practice. Picture AI scanning for errors, cross-checking citations, and flagging issues before they explode. It’s not just about saving hours – it’s about sharper precision, fewer mistakes, and levelling up the quality of legal work.

The “Right to Disconnect” law throws a curveball at law firms, forcing them to rethink how they operate. But it’s also a huge opportunity. With AI and connected data systems, firms can streamline their work, cut inefficiencies, and finally balance the tug-of-war between client needs and employee wellbeing. It’s not just about trimming after-hours emails – it’s a full-blown chance to reinvent legal workflows, paving the way for better, more sustainable work.

Evana Diep is the associate general counsel for Asia-Pacific and Japan at Boomi.