Lawyers' Fear of Technology

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In 1975, the legal profession was still highly reliant on traditional research methods. Lawyers spent hours in law libraries, poring over extensive volumes of legal texts, digests, and case reporters. The perception of lawyers at that time was that of highly meticulous professionals whose expertise lay in their command of printed legal precedents. Law firms typically maintained vast physical libraries, containing resources such as case law reporters, legal digests, statutes, and academic treatises. The costs associated with maintaining these resources were substantial, contributing to the high expense of legal services. Legal research was painstakingly manual, requiring clerks and associates to cross-reference books and compile relevant cases by hand. The workflow in law firms was slow by today’s standards, as lawyers relied on clerical support to gather information, draft documents, and conduct research. The introduction of tools like Westlaw and LexisNexis represented a radical shift—one that aimed to replace these physical libraries and clerical labor with digital databases that could quickly yield results. However, these changes faced skepticism, as many questioned the reliability of computers in such an information-sensitive field.

During the same period, software and the internet were in their infancy. In 1975, Microsoft had just been founded, and the idea of personal computers was only starting to emerge. The internet, as we know it, was still an experimental project known as ARPANET, used by select universities and research institutions. The concept of using computers for everyday professional work was seen by many as far-fetched and even impractical. Few could foresee a future where digital systems would underpin entire industries, and this skepticism extended to the legal field as well.

The Emergence of Westlaw and LexisNexis

When Westlaw debuted in 1975 and LexisNexis soon after in 1979, many legal professionals were skeptical of these pioneering digital tools, doubting their reliability compared to traditional law libraries, which were seen as more trustworthy due to their extensive, curated collections and the established rigor of physical case law research. Early adopters faced widespread criticism and mistrust, with some claiming that LexisNexis could not provide accurate or trustworthy results, doubting the viability of using computers for legal research. Many argued that digital indexing lacked the thoroughness of traditional case digests, as early digital systems were seen as incapable of capturing nuanced legal categorizations and cross-references that human-curated digests provided. Critics feared that the new technology could lead to oversimplification and missed connections between related cases. Law librarians were particularly vocal, stating that the absence of conventional indexing systems would lead to incomplete or imprecise legal outcomes, and that the cost of such systems could be prohibitively high. According to reports from the 1970s, some felt that relying on computer-based search systems might lead to misleading results, especially with the then-novel full-text search systems being used by LexisNexis.

Despite these doubts, those who embraced digital research systems quickly realized their benefits and gained a competitive edge. One of the earliest prominent adopters of Westlaw was the U.S. Federal Judiciary, including the Supreme Court and all U.S. circuit, district, and bankruptcy courts, through a contract that began in the late 1980s (source: Thomson Reuters). This early adoption demonstrated the benefits of comprehensive digital databases, ultimately encouraging wider acceptance across the legal industry. By 1978, Westlaw had added full-text case capabilities, directly addressing early criticisms, and soon both LexisNexis and Westlaw were in fierce competition to provide more comprehensive and user-friendly services. This rivalry drove rapid improvements, including the addition of new databases, increased speed, and enhanced reliability, which ultimately convinced many skeptics of the system's value. By the 1980s, lawyers proficient with Westlaw’s advanced search methods could harness tools like the KeySearch feature, giving them unparalleled access to legal information at speeds unimaginable with traditional resources.

The Impact of Attitude on Technological Adoption

This divergence in attitude highlights a distinct difference between those who understand and embrace new technology versus those who resist it. Lawyers who approached LexisNexis and Westlaw with an openness to mastering their capabilities were similar to today’s software engineers—quick to adapt, innovate, and problem-solve using emerging technologies, demonstrating a willingness to experiment with new tools to enhance their effectiveness. Engineers tend to welcome new software systems readily, recognizing the potential for improved efficiency, whereas many legal professionals, accustomed to their centuries-old practices, were initially more cautious.

Judge Pregerson's Influence on Legal Writing

U.S. Court of Appeals Judge Harry Pregerson, in his influential work The Seven Sins of Appellate Brief Writing in 1986, discussed the qualities of an effective legal brief, emphasizing precision and conciseness. Among the 'sins' he highlighted were writing briefs that were overly lengthy and disorganized, which made it difficult for judges to discern the key issues. He also criticized briefs that ignored the standard of review, as failing to address this crucial element often weakened the persuasiveness of the argument. These qualities were increasingly supported by digital platforms like Westlaw, which offered users the ability to fine-tune their research through natural language or connectors, allowing for focused retrieval of pertinent legal arguments. Such tools did not just provide access to more data; they shaped the very discipline of legal writing, emphasizing clarity and efficiency. LexisNexis followed a more radical approach by offering full-text legal information, which was a direct affront to traditional digests. Many law librarians were appalled by the new concept of computer-assisted research, fearing it would undermine established methods. However, by the early 1980s, advancements in legal databases began to prove that these fears were largely unfounded, and the systems started to streamline research processes that were once time-consuming and complex.

The Universal Fear of Change

This shift serves as a reminder that every new technology initially encounters resistance, often born out of fear or unfamiliarity. As the ancient Greek philosopher Thales once said, "Nothing is more active than thought, for it travels over the universe, and nothing is stronger than necessity for all must submit to it." The idea that human thought can overcome fear has resonated through centuries. Similarly, Socrates observed, "The greatest way to live with honor in this world is to be what we pretend to be." This quote emphasizes the importance of adopting new behaviors even if they initially feel unfamiliar or uncomfortable, much like the adoption of new technologies. It encourages us to rise above our fears and actively embody the change we want, thereby overcoming initial skepticism and embracing new possibilities. These early insights remind us that resistance to change is not new, and overcoming it requires both courage and adaptability.

Marcus Aurelius, a Roman emperor and Stoic philosopher, once said, "It is not death that a man should fear, but he should fear never beginning to live." This wisdom echoes the necessity of pushing past our initial fears when faced with new challenges, such as technological advancements. Similarly, Epictetus, another Stoic philosopher, stated, "It is not what happens to you, but how you react to it that matters." This quote emphasizes the importance of our response to unfamiliar technology—viewing it not as a threat but as an opportunity for growth and improvement.

Examples of Resistance in Other Industries

A similar pattern was seen in the medical industry during the introduction of electronic health records (EHRs) in the 1990s. Many healthcare providers were reluctant to transition from paper records to digital systems, fearing data loss and increased workloads. However, those who embraced EHRs ultimately experienced improved patient care through better data accessibility and streamlined communication. More recently, a similar resistance has been observed with the rise of generative AI technologies. For instance, artist Jason Allen's AI-generated piece winning first place at the Colorado State Fair in 2022 sparked significant backlash from many artists who felt their creative skills were being undervalued. Additionally, publishers have expressed concerns about copyright infringement, fearing that AI tools trained on their works could lead to unauthorized reproductions. Many publishers, writers, artists, and media professionals have expressed concerns about the impact of AI on their industries, citing fears of job displacement, loss of creative authenticity, and unauthorized use of their work. Despite these concerns, those who have leveraged generative AI have found opportunities for enhanced creativity, productivity, and new forms of content generation.

Embracing Innovation for Future Success

Those willing to learn and adapt become the early winners, capitalizing on the advantages and insights that these new tools provide. The experience of Westlaw and LexisNexis is a testament to the fact that embracing innovation often defines success, especially in fields slow to change.

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