So, I am sitting in room full of very wealthy people. (Note: I am only here for observation), and
we are learning about digital/machine technology that bit-by-bit continues replacing
people in various fields. The very
intelligent speaker (I’d like to come back as this speaker who waxes so
eloquently) tells me, as well as a room of about 200 other people who are, as
previously mentioned, ostensibly very wealthy, about surgeries performed by
robots and sometimes by doctors in remote locations. (Wait, let me put down this pina colada and make the incision). He spoke of other
computers that can do all sorts of functions that humans used to do using this wonderful technology
concept with algorithms and lots of other cool terms that I could throw out in
the blog but, candidly , don’t have a clue how they work. Then he piqued my
interest when he spoke about machines that can help make legal decisions(!)
He spoke of a world where “humans
need not apply.” So true in so many
situations. He even spent some time
talking about the self-driving car (Hey, I thought of this idea probably 45
years ago. However, since I was to be a future lawyer, I fit right into the
mold as an over-ambitious person who sucks at math and science, and missed the
boat on that one.)
As the speaker continued on, I had the urge to stand up and pose an objection (Hey, I am a trial lawyer, after all). Of course, under the circumstances, that would have been rude, so those manners my parents (who are long gone) taught me prevailed, and I just decided to write about my dissent instead.
The
grounds for my objection were (in my head) based on the following: There are just some jobs where humans not
only need apply, but where humans must apply and must perform.
I like
to think that my job as a family law attorney is one such position that cannot be replaced. Why? Because family law transcends so much
more than just the law. Yes, one of those rocket scientists could
probably program a machine to crank out vanilla pleadings that have the barebones
necessities to say what needs to be pled, and to calculate child support Candidly, we already have that. But what about the rest? You see, as one of my favorite law professors
said to my class over 30 years ago, “the facts do make an impact on the case.” So while I continue to use a bunch of unrelated quotes, let me continue with classic rocker Rod Stewart who said “every
picture tells a story.” Almost without exception, each of the over 2000 family law
cases that have made their way through my door, had its own unique story. And I listen to each story, and as I contemplate
the facts, the most important thing I do is I care. The one thing that always shocks me is when a
client says, “I know I don’t have a big case, and you have more important
clients…” I don’t know if I want to
laugh or feel hurt, because without exception, I tell that client, “When you
are here in my office, you are the most important client I have.” And, I really mean this because, as I often
say, I was a person long before I became a lawyer.[1]
So,
notwithstanding that moving lecture I heard the other night, I am pretty
confident that I have job security, and my staff does as well. Because, one of the essential tools in family
law, at least in my practice, is having a heart.[2]
Although there are machine-made artificial hearts, they cannot replace a real heart
needed to practice family law. I know some of my family law colleagues do not
share my view and do not practice with a heart.
But, at the end of the day, I think I sleep a little better at night,
and hopefully so do my clients.
[1]
After so many years in practice, I have now been a lawyer more years than my
pre-lawyer life, but I have not lost touch with the human part as it is the most important part.
[2] One also needs this to land the role of the
Cowardly Lion in the Wizard of Oz).
