How lawyers are coming to terms with their own ‘Now and Then’

By Philip Rodney, Senior Adviser, Saxton Bampfylde


Forgive me if you already know the story of The Beatles’ Now and Then, their ‘last-ever’ single. The song was recorded as a demo by John Lennon in 1977 in his apartment at the Dakota in New York City. The tape was gifted to the then remaining Fab Three in 1994 by Yoko Ono.

The take featured Lennon’s vocals and piano mashed together in an unlistenable sonic soup and the recording remained on the shelf gathering dust for decades. Nearly 30 years on, the track topped the singles chart.

This treasure would not have seen the light of day had it not been for artificial intelligence. Breakthrough technology and machine learning was used to separate out the vocals on the original tape and add contributions by the other members of the group (dead and alive) together with orchestration.

The result is a polished gem of a track. While the solution was undoubtedly technology driven, the original creativity was very human – that of Lennon, supplemented decades later by the combined genius of Paul McCartney, Giles Martin and, of course, let’s not forget Ringo.

As we try to anticipate what the impact of regenerative AI will be on legal practice going forward, it’s worth reflecting on the creative relationship between human and machine employed on the record.

There has been a frenzy of speculation as to AI’s likely effect on the legal profession. Will the law firm as we know it cease to exist with everyone instead plugging into all-knowing lawbots? Or, should we just hide under the duvet and hope that all this nightmarish nonsense goes away?

To have any chance of making an accurate prediction, one has to look at the data. Ian Stewart, the chief economist at Deloitte, recently examined the historical impact of technology on the labour market.

The world has changed dramatically since the start of the century as a result of smartphones, cloud computing and AI. Technology has become more capable and pervasive. It may then come as a surprise that the number of people employed in what might be thought to be vulnerable areas has in fact increased.

Between 2008 and 2018, a range of occupations thought to be at risk of replacement by technology actually witnessed strong job growth in the UK.

Among them, the number of legal professionals expanded by 28 per cent compared with an overall national average increase of 17 per cent.  Why so? Technology has seen dramatic changes both in the way lawyers work and the type of work they do.

Much of the drudgery has been removed with processes such as the creation of standard form contracts, document discovery in litigation and due diligence now carried out electronically. Simultaneously, the issues requiring legal input have increased exponentially, both in terms of range and complexity. Lawyers have been liberated from repetitive chores to focus instead on more creative tasks.

There can be no doubt that every law firm will need to embrace AI. The challenge will be knowing not only what to build and what to buy, but also when to do so. There will be the inevitable rush to be first to market. Hindsight has taught us that first is not always best, but that last rarely wins.

And while we will need to learn to live with artificial intelligence, perhaps it will have to learn to live with us too. In her book Robot Souls, Eve Poole observes that “what makes humans distinctive seems to be all the junk code that has been kept away from AI, because we did not want to sully it.” In her view, if we do not equip robots with our own human programming, we may spawn a race of psychopaths.

The delivery of legal advice requires a robust analysis overlaying the law on the facts. Of course, AI will help us to do that. But while machines may be smarter than us, I doubt they will ever be as canny.

At the recent Bletchley Summit, Elon Musk predicted that AI would eventually replace all forms of human labour. While I can’t speak more generally, I am confident that as long as humanity continues to exist, there will always be room for lawyers … and The Beatles.


Philip Rodney is a Senior Advisor at Saxton Bampfylde.

This article was featured in The Business Magazine, for The Sunday Times Scotland, December 2023

Latest

Canterbury Christ Church University appoints Deputy Vice-Chancellor and Provost

Steering the family business forward: Interview with Gouy Hamilton-Fisher, Director Colleagues & Support, Timpson Group

Jewish Museum London appoints Sally Angel as new Chief Executive

Foundling Museum announces new Chair

The White Horse Federation appoints CEO

Social Mobility Day 2024

Concern Worldwide (UK) appoints new Executive Director

Richard Greenhalgh succeeded by Christian Brodie as Chair of United Learning’s Group Board

Royal Botanic Gardens, Kew announces Susan Raikes as Director of Wakehurst

We have moved! Our new London location

Managing Risk in Professional Services: It’s not just about protecting the firm, but enabling it – Interview with Alastair Levy

Crystal Palace Park Trust welcomes Victoria Pinnington as new CEO

Nadia Fall appointed as new Artistic Director of The Young Vic Theatre

Nicola Dudley announced as new Head of Queen Margaret’s School for Girls

Gordon Seabright appointed new Chief Executive of the Horniman Museum and Gardens

The General Pharmaceutical Council appoints new Chief Strategy Officer

A healthy perspective on executive search

Foot Anstey LLP appoints Non-Executive Director

South By Southwest comes to London

Saxton Bampfylde in action with charity Smart Works

Sue Ryder announces new Chief Executive

What will healthcare look like over the coming decade? Interview with Gabrielle Mathews

Liz Truss was correct. Well, on one fundamental point

General Dental Council announces new Chief Executive and Registrar

Andrew Comben appointed new CEO of Britten Pears Arts

Dr Nicholas Cullinan OBE appointed as new Director of the British Museum

Saxton Bampfylde partners with Family Business UK

Professor Robert Mokaya appointed Provost and DVC at University of Sheffield

30 years on from the first Code: A personal account of the Corporate Governance Revolution

Celebrating International Women’s Day 2024

Steering the family business forward: Interview with Emma Fox, CEO of Berry Bros & Rudd

Leadership in the age of AI: CEO Breakfast with Doug Gurr, Director of the National History Museum

Sustainability Dinner with speaker James Cameron, Chair of Crown Agents

What will healthcare look like over the coming decade? Interview with Nigel Edwards

Middlesex University announces its new Vice-Chancellor

SafeLives appoints new CEO

Do the right thing: ESG in 2024 – Interview with Lisa Hart Shepherd, CEO of Lamp House Strategy

A Healthy Perspective Podcast – Helen Buckingham, Nuffield Trust

New GPhC Council members appointed for 2024 and 2025

RICS senior governance appointments

An Independent Mind: Sharpening the role of a law firm NED

CLCH appoints new Director of Strategy, Partnerships and Integration

Into Film appoints Fiona Evans as new CEO

An evening for current and aspiring non-executives with Kenny Imafidon

V&A announces Director of Collections and Chief Curator

RNLI appoints new leader to take charity into third century of lifesaving

Erika Lewis appointed CEO at Connected Places Catapult

Alex Frazer Announced as the New Head of Bancroft’s

Sue Baillie appointed as Woldingham’s new Head

Royal Hospital School appoints new Head

The University of Manchester appoints Professor Duncan Ivison as next President & Vice-Chancellor

Championing the Mission – Interview with Jonathan Morgan

Quadrant Chambers appoints Sarah Longden as new COO

New Oasis Community Learning Chief Executive Announced

Rachel Kent made Financial Regulators Complaints Commissioner

Steering the family business forward: Interview with Paul Drechsler CBE

Indhu Rubasingham appointed as Director of the National Theatre

Northumbria University, Newcastle appoints new members to Board of Governors

Professor Tom Crick joins DCMS as Chief Scientific Adviser

Norwich Theatre appoints Tom Sleigh as new Chair

MOSL announces Cliff Kamara as new Board member

Saxton Bampfylde welcomes Partner Hannah Scarisbrick back to the firm

Saxton Bampfylde ranked in Financial Times UK’s Leading Recruiters 2024

The Duke of Edinburgh’s International Award Foundation and Association Welcomes Martin Houghton-Brown as Secretary General

Royal British Legion Announces New Director General

English Heritage announces New Blue Plaques Panel Members

Paul Ridd named Director of Edinburgh International Film Festival

City of Birmingham Symphony Orchestra announces Lord Tony Hall as new Chair

Team Consulting appoints new CEO

UK Civil Aviation Authority Appoints Rob Bishton as the new Chief Executive

The Box appoints Rebecca Bridgman as Head of Collections and Programme

English Heritage appoints Dr Nick Merriman as its new Chief Executive

Breadth and depth: leading across the regulatory landscape

Who’s Moving in Healthcare – August-September 2023

Wise counsel: bringing an external perspective to Higher Education

Looking through a different lens: a scientific scope from academia to government

Outside In: Leveraging External Perspectives in Higher Education

Samori Gambrah announced as Chair for New Art Exchange

Chris Auty appointed as new Director at London Film School

Cherian Mathews appointed as new Chief Executive of HelpAge International

Dr Dave Smith takes helm as UK’s National Technology Adviser

Now Teach appoints new CEO

A Healthy Perspective Podcast – David Hare MBE, CEO of Independent Healthcare Providers Network

Dr Paul Thompson appointed as British Council Chair

Appointment of new CEO for GLF Schools

Bas Javid appointed new Director General of Immigration Enforcement

New CEO appointed for the UK’s national synchrotron, Diamond Light Source

University of Nottingham appoints new Pro-Vice-Chancellor for its Faculty of Medicine and Health Sciences

Béatrice Butsana-Sita appointed new CEO of the British Red Cross

Michael Plaut OBE announced as new Chair of Royal Welsh College of Music & Drama

Will Gompertz announced as the Soane’s new Director

Who’s Moving in Healthcare – June-July 2023

Dr Ghazwa Alwani-Starr appointed as new COO at University of Bath

PA Housing announces five new non-executive members to join board

Storyhouse appoints new CEO: Annabel Turpin

Claire Wood Hill announced as new CEO of The National Brain Appeal

OnBoard Programme broadens the horizon for board membership

James Williams announced as the next Director of the Royal College of Music

A Healthy Perspective Podcast – Sam Jones

#7 Road to Recovery: Integration, inclusion and innovation in the Healthcare sector