Law specialization has become increasingly common — almost a necessity.
Key Takeaways
- Why Law Specialization: Law specialization is a must for law firms and individual lawyers to stand out and add value. Specializing in an area of law allows lawyers to go deeper and benefit both the client and the law firm.
- For Clients and Law Firms: Specialization means better outcomes for clients as specialists can give more tailored and informed advice. For law firms, specialization means more efficiency, confidence and profit through streamlined processes and deeper expertise.
- New Specializations and Technology: New areas of specialization such as AI and law, cybersecurity, ESG law. Technology is also playing a big part in specialization with AI powered research and blockchain changing the legal landscape.
Abraham Lincoln, licensed to practice law in 1837 in Illinois, may be the archetypal general practice attorney. The Lincoln Legal Papers Project identified over 5,600 cases and nearly 100,000 documents related to Lincoln’s law practice. The paper trail revealed scores of cases involving debt collection, business partnerships, estate settlements, divorce and real estate litigation. There are arson cases, a burglary trial, a half-dozen counterfeiting cases, several admiralty claims, a murder and significant work as a railroad attorney. All this, and he did it without a computer!
If he were with us today, it’s likely that Lincoln would not have the time or knowledge to pursue such a broad range of legal cases and clients. Law specialization has become increasingly prevalent — almost a necessity — as firms of all sizes differentiate and add value by focusing on a particular practice type, industry or location.
Specialization is the name of the game across many areas of the economy. Early dating websites have given way to dating apps catering to cat lovers, farmers, vegans and tech geeks. Financial services startups have carved out niche segments for millennials, homeowners, entrepreneurs and bitcoin investors.
Similarly, law firms are finding success by focusing on a particular industry or area of law, such as real estate, environmental law, immigration, civil litigation or a host of other specialties.
Drivers Behind Law Specializations
The business world has increased in complexity over the last 20 years. Technology, regulatory and compliance issues all add to a mix of challenges that vary by industry, location and company size. In legal services, specialization has been spurred by rapid change. Here is a quick look at some key factors to consider. Understanding the legal implications across various law specializations is crucial for navigating these challenges effectively.
Commoditization of Legal Documents
Common legal documents and forms such as wills, real estate agreements, contracts and divorce agreements are now available online. A general practice attorney is not required to establish a new business process with each new client. While it may not be cost-effective for an attorney to simply draft a basic will or contract, that attorney becomes a trusted advisor when reviewing an estate plan or a real estate transaction, giving clients confidence that a particular contract or transaction is in their best interest. This is distinct from criminal law, which governs governmental prosecution of crimes and requires specialized knowledge to navigate the justice system effectively.
Practicing Law on Internet Time
The internet, mobile communications and emerging smart technologies offer firms greater visibility but also bring increased competition and noise in the marketplace. The rate of change has accelerated, increasing the volume of information about a given industry, company or case. In today’s information economy, far more time and attention are required to develop a broad knowledge base.
The upshot: When firms focus on one or a few specialty practice areas, both clients and law firms see benefits.
Increased Expertise
Focusing on a particular area of law can increase your expertise. By doing so you develop a deeper understanding of the legal principles and practices that apply to that area. That depth of knowledge makes you more attractive to employers and clients and gives you an edge in the job market. Law specializations allow you to offer better representation and advocacy for your clients as you bring more to the table.
And increased expertise means more confidence and competence in your practice. Keeping up to date with the latest in your area means you stay at the top of the legal tree. Whether it’s healthcare law, intellectual property or international law, specializing means you become a go to advisor with a solid foundation in your area of expertise.
Ways Clients Win
The reasons to specialize include these benefits to your law firm’s clients.
1. Guidance that relates to a client’s business or situation. A focused practitioner can relate better to clients and offer advice in the context of an individual client’s specific needs. Recognizing the distinctions in fields such as labor law can help prospective lawyers choose a specialization that aligns with their personal strengths and preferences. A family lawyer who has handled hundreds of adoption cases will have a unique empathy for the emotional and practical needs of adoptive parents, for example. A law firm focused on immigration will have a deep understanding of laws regarding immigrant visa petitions, filing requirements and procedures and processing times for applications in the U.S., as well as language skills and cultural understanding of the turbulent immigration climate.
2. Better outcomes. A client who seeks the guidance of an attorney with experience in similar cases reduces the risk of delays or, worst case, costly errors. Advice from a knowledgeable specialist can make the difference between success and failure. When working with a practice specialist, the client does not have to pay for the attorney to “get up to speed.”
3. Access to a pool of experts. Practice specialists tend to network with other professionals in their industry. This added benefit provides outreach to a more comprehensive network of specialized advisors. A real estate attorney, for example, may have relationships with mortgage lenders, title companies and inspection services. In the case of a dispute over an easement or chain of title, this person will be able to manage it to resolution.
Ways Law Firms Win
For the attorney or firm that specializes in a certain area of law, the advantages are numerous.
1. Growth in valued expertise. The more of a particular type of matter an attorney handles, the more informed that attorney will be on subsequent cases. Often the attorney or firm has established relationships with opposing counsel, court personnel and judges, which can streamline better case outcomes.
2. Increased confidence. A track record of experience increases clients’ confidence that an attorney is the right person for a matter. Having a solid knowledge base also increases attorney confidence, which can be directed into writing, public speaking and community engagement — all of which attract new clients.
3. Greater efficiency. Legal requirements, documents, workflows and filings become rote knowledge over time, enabling more experienced lawyers and staff to work more efficiently. Now, repetitive document drafting is being replaced by automated tools and templates, saving even more time. Law firms with specialized practices have access to practice management software features designed for their practice areas and jurisdiction. In parallel with increasing law specialization, legal technology is advancing to power these new practices with automated workflows, intake forms, templates, and payment schedules unique to tax law, family law, litigation or countless other practice areas. There is no need to reinvent the wheel with each new case.
4. Increased profitability. A specialty practice focus can be more profitable than general practice firms. The efficiencies brought by knowledge and experience, combined with effective practice management and document automation tools, allow attorneys to handle more clients and boost realization rates.
Practice area specialization has become increasingly important as firms of all sizes differentiate their services by focusing on a client niche or need, industry or location. Concentrating on a particular area of law lets you offer knowledge and experience of high value to clients and grow in your role as a trusted advisor. Understanding the legal implications across various specializations, such as mergers and acquisitions, maritime activities, trusts and estates, and family law, is fundamental to providing comprehensive legal services.
Emerging Specializations for 2024-2025
As the legal landscape changes new areas of specialization are emerging:
1. Artificial Intelligence and Law: With AI advancing so fast lawyers with expertise in AI related legal issues are in high demand. This includes AI ethics, liability for AI decisions and regulatory compliance for AI systems.
2. Cybersecurity and Data Privacy: As data breaches and privacy issues grow lawyers with expertise in cybersecurity law and data protection are becoming more important.
3. Environmental, Social and Governance (ESG) Law: With sustainability and corporate responsibility on the agenda lawyers with ESG expertise are in demand.
Technology’s Impact on Specialization
Technology’s role in law specialization has grown:
1. AI Legal Research: Specialized lawyers are using AI to research more and better, so they can stay ahead of their game.
2. Blockchain and Smart Contracts: Lawyers in FinTech and IP are working with blockchain and smart contracts.
3. Virtual and Augmented Reality: As these technologies roll out across industries, lawyers are developing expertise in related legal issues – virtual property rights and liability in virtual worlds.
Client Expectations in 2024-2025
Client expectations have evolved, further driving the need for specialization:
1. Proactive Risk Management: Clients now expect specialized lawyers to not only solve problems but also anticipate and prevent legal issues before they arise.
2. Industry-Specific Knowledge: Clients are seeking lawyers who not only specialize in a particular area of law but also have deep knowledge of their specific industry or sector.
3. Tech-Savvy Representation: With the increasing integration of technology in various fields, clients expect their legal representatives to be well-versed in relevant technological advancements and their legal implications.
Choosing a Specialization: Advice for Law Students
Choosing a specialization is a big decision that can make or break your career. Consider your interests, skills and career goals. Most law schools have a range of specializations including health law, constitutional law, labor and employment law and tax law. Research these areas and talk to faculty and practitioners to get a better understanding.
Also consider the job market and the demand for lawyers in specific areas. Corporate law, maritime law and environmental law each have their own opportunities and challenges. Think of the type of law you want to practice and how it fits into your long term career goals. By thinking through your options you can choose a specialization that aligns with your goals and interests and sets you up for success in the legal profession.
Illustration ©iStockPhoto.com
Subscribe to Attorney at Work
Get really good ideas every day for your law practice: Subscribe to the Daily Dispatch (it’s free). Follow us on Twitter @attnyatwork.
