Embracing technology effectively requires balancing efficiency with client connection
This article was produced in partnership with Howie Sacks & Henry
For Howie Sacks & Henry, innovation is the ongoing quest to leverage the most efficient and client-centred ways of working. The post-COVID world was a great example: with the resulting rise of virtual options in the legal process, what did advocacy look like? How must it be redefined to adapt to a new reality?
“That’s an innovation question,” explains Meghan Hull Jacquin, partner at the firm. She’s resolute in her stance that true innovation is not any one tool or a singular approach.
“Personal injury law is about helping people at some of the most vulnerable moments of their lives. Innovation is getting away from the ‘this is how we’ve always done it’ mentality and taking advantage of whatever allows us to better support our clients.”
Technology cannot supplant the personal touch
Technology plays a significant role in Howie Sacks & Henry’s case management process. If something meets the bar of improving the lawyers’ ability to do their job — while keeping client information private and secure — the firm doesn’t shy away from implementing it. Complete firm engagement is critical. There cannot be some people using it and others opting not to, because eventually “you’re not speaking the same language,” Hull Jacquin notes.
It’s never just a “let’s roll out this product and see what it does,” she adds, it’s a firm-wide buy-in rooted in extensive initial training along with regular updated sessions to keep pace with the evolution of the tool.
One of the first firms to use artificial intelligence (AI) extensively in practice, Howie Sacks & Henry’s current systems are in place because they strengthen client’s positions. AI helps distill thousands of pages of medical records into precise summaries and chronologies and the ability to add hard data to arguments — such as how many times a plaintiff took hydromorphone, for example, or how the dose changed since the accident — is invaluable.
“It disarms the other side and gives us a step up,” Hull Jacquin explains. “I can say, my client reported these symptoms 83 times since the accident — don’t tell me she’s not reporting post-concussive headaches. I can give them all the references; the defence can’t argue with data.”
Hull Jacquin cautions that the human element cannot be lost in the capabilities of technology, whether it’s reviewing output or a personal touch with clients. It’s a dangerous possibility, but at least at Howie Sacks & Henry, that’s not how the firm was built.
“It doesn’t alleviate the need for lawyers to review records and foundational documents, to have our eyes on the information,” Hull Jacquin says, adding this is especially a concern with younger lawyers who are experiencing a far more virtual practice. They are not in the office every day or attending court in person, and mediations and pre-trials are largely held over Zoom.
“We ensure that they understand that innovation serves our clients, but it does not replace their judgment. We simply cannot let it replace the building of that important relationship. That is the risk for them.”
Effective advocacy hinges on trauma-informed lawyering
As the firm embraces new tools, it underscores that effective advocacy can’t subsist on technology alone: lawyers must master the art of trauma-informed lawyering. A buzzword over the past few years, it’s another example of what must not fall to the wayside as the practice of law becomes increasingly digitized.
Personal injury is deeply personal to the individual. The life that has been dramatically altered should always be at the centre, “and not losing sight of that requires more effort as we get into a world of fast-developing technology supports in our practices,” Hull Jacquin says.
Lawyers working with such a vulnerable group need to recognize signs of trauma and respond to them, as well as reduce re-traumatization. The person should only have to tell their story once, for example. Each client should also be given as much control as possible over their case, to whatever extent they’re comfortable with, to empower them in the process. Communication must be consistent since many clients are wary of the legal system. Even a small commitment not being met, while seemingly inconsequential, could damage the trust that is so foundational in every case.
Hull Jacquin recalls a young woman who had a serious psychological response to the accident she’d been involved in. The stress of litigation made her anxiety unmanageable, especially in formal or adversarial settings such as a discovery or mediation. While all clients are encouraged to focus on recovery and let the firm handle tactical legal arguments, the young woman still wanted to be involved.
Hull Jacquin pushed the case ahead but paced interactions with the client. She set up regular, predictable meetings even if there was no substantial update, communicating that the firm was there for questions, that the lawyers could be relied upon to follow through.
When the more contested parts of the process came up, trust was strong: the client was confident that Hull Jacquin cared and would fight for her. The relief the young woman felt in knowing she wasn’t just a file number was palpable, and it was an experience that stayed with Hull Jacquin.
“Our entire team is trained to maintain that very client-centred approach, meeting each person with compassion, empathy, and patience — and in a way that’s adaptive to their particular needs,” she says. “Trauma-informed practice isn’t an option; it’s absolutely crucial. We as lawyers must keep learning, keep growing in that way.”
Innovation not limited to technology
Innovation is also new ways of thinking, planning, or approaching a problem. For example, reimagining trial strategy using focus groups. By inviting members of the community to provide feedback on a case, the firm gains invaluable outside perspectives that help refine arguments and anticipate challenges.
Does the closing argument ring true? Is the plaintiff credible? Would a layman’s terms explanation provided by an expert work better? An important investment in trial preparation that’s become more popular, Hull Jacquin says the feedback can sometimes surprise her. She’ll believe her client won’t be found at fault, for example, only for the focus group to suggest partial responsibility. These insights can significantly influence which witnesses are called, their order, and the questions posed at trial.
“It helps us refine the theme of the case and can have a profound impact on what we ultimately present to the jury at trial,” she sums up.
A dramatic change that’s not done yet
While the last few years have brought dramatic technological change, it’s expected to ramp up exponentially going forward.
Whether it’s leveraging cutting-edge digital tools or rethinking advocacy, true innovation can’t be lost in the process. It’s about being open to any process or idea that improves outcomes for clients.
“I keep coming back to that, but it’s going to be even more important as we have ever-increasing access to new technologies,” Hull Jacquin says. “As we look ahead, Howie Sacks & Henry will maintain the innovation mindset: welcoming exciting new ways to better serve our clients.”
