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fromAbove the Law
1 day agoWhat Does Competence Mean When Litigation Happens In Real Time? - Above the Law
Competence in law is evolving as technology changes the speed and precision of decision-making in litigation.
The legal profession rewards endurance, precision and control. It also quietly normalizes stress, isolation and overextension. For patent practitioners and other IP lawyers, the pressures are uniquely acute: compressed prosecution deadlines, high-stakes litigation exposure, often unrealistic client-driven budget constraints, regulatory whiplash at the U.S. Patent and Trademark Office (USPTO), and increasingly complex technologies layered with global filing and prosecution strategy.
Effective discovery requires more than compliance - it requires strategy. Litigators can balance expansive discovery rights and privacy concerns without slowing cases down through practical, results-focused approaches that consider proportionality, electronically stored information management, and the specific discovery rules applicable to their jurisdiction.
Our partnership is proud to have stood firm on behalf of its clients. The DOJ's decision to withdraw its appeals makes permanent the rulings of four federal judges that the executive orders targeting law firms were unconstitutional.
They don't drive it. They don't manage it. They don't control it. They let it control them. And then one day, they look up and realize discovery closed last week, the client is asking why nobody has taken the key depo, the adjuster wants a status report "by the end of the day," and the partner is asking the question that makes your stomach drop: "Where are we on this file?"
A year or so ago, most legal departments were still testing. AI pilots. Workflow trials. Small process experiments. Everyone was learning cautiously. The stakes were relatively low, and the work was labeled "innovation," which made imperfection forgivable. Then something shifted. Those same pilots became part of day-to-day delivery, and the business started relying on them. Sometimes intentionally, because early results looked good.