Law is complicated, in particular contract law, IT law and litigation. Much too complicated to allow non-lawyers to handle it. Only lawyers understand that the design of agreements requires knowledge of many sources of law; especially if there is no explicit applicable legislation. Contract law and litigation are unconditional linked. Only very experienced lawyers understand complicated law and only lawyers who are very experienced in litigation & arbitration can design good deals; thus only the lawyers who can design good deals are the ones who are skilled enough to do high-end litigation & arbitration. Litigation & arbitration requires; very good legal knowledge of substantive law and litigation, long experience of procedural craftsmanship, pedagogic talent, an ability to communicate with the client, witnesses, counter party as well as with the court. It is not enough to master most of these areas. To be an expert in litigation the attorney needs to master all areas. Experience and a good track record overcomes everything else. It may sound excessive, but that’s the truth. However, even more important than the litigation experience, is the ability to negotiate, relate and mediate in reaching out-of-court solutions of disputes. In fact, it is always only the lawyers who benefits from litigation or arbitration. The challenge for every experienced lawyer must therefore be to settle disputes before court proceedings.
Another challenge for all lawyers should be to simplify the law. Especially contracts. Contracts are usually designed in such a way that only other lawyers, such as judges, will understand them. Therefore, special legal and latin terms are used. Very rarely, agreements are drawn up for those who would need to understand the content, such as buyers, sellers and other employees affected by the contract. Over the next five years, the traditional perception of how contracts are best designed will undergo a revolutionary change. The contracts will be designed digitally in a comprehensible language use with images, illustrations, graphs and films. Lawyers need to adapt and must use their expertise to help non-lawyers understand the law.