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Washington Journal of Law, Technology & Arts

Abstract

“Fighting the Hypothetical: Why Law Firms Should Rethink the Billable Hour in the Generative AI Era” analyzes how the emergence and adoption of generative artificial intelligence (GenAI) will fundamentally disrupt the traditional billable hour model that has dominated the industry since the 1960s. Professor Rapoport and Mr. Tiano contend that GenAI’s ability to perform routine legal tasks quickly and accurately will force law firms to shift away from billing structures based primarily on time spent (or inputs) and toward models that better reflect client value (or outputs).

The authors interviewed law firm leaders to gain an “in the trenches” view of emerging trends in this regard. Based on this primary research, there’s no doubt that GenAI is already transforming legal practice by automating tasks traditionally performed by junior associates and paralegals and causing leaders to think about how their firms will make money in the future. The authors discuss how GenAI threatens the pyramid-shaped staffing model that has supported firm profitability and predicts that firms must evolve toward new organizational structures—potentially “rocket,” “diamond,” “starfish,” or “cylinder” models—that rely less on large numbers of junior attorneys and more on technology-enabled senior lawyers providing high-value advice.

Professor Rapoport and Mr. Tiano also discuss how the billable-hour economic model is fraught with inefficiency and poor scalability, talent retention challenges, disincentives to innovate, and ethical concerns around reasonable billing. Despite the shortcomings, the authors observe that law firms haven’t moved away from the billable hour for three primary reasons: (1) there has been no external factor that has had the muscle to catalyze change; (2) clients haven’t had the collective fortitude to effectuate a change; and (3) despite their recognition of the shortcomings, law firms have not changed the model because it is making them wealthy.

The authors predict that this situation will soon change due to the seismic force of GenAI. GenAI will change the legacy economic model as widespread adoption of GenAI as a legal service delivery tool now occurs. When GenAI tools are used to deliver legal services, all frailties in the billable hour economic model are exposed. Most important, when routine work moves from humans to technology, the bottom tier of the pyramid will fail to generate the rich results that law firm partners want.

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