A Look At the Latest: Trends, Issues, Challenges in the Legal Profession

Attorneys who work in defense and corporate counsel face many challenges, from client needs to the increasing prevalence of artificial intelligence.

Jennifer E. Johnsen, partner, Gallivan White & Boyd P.A., discussed these challenges, as well as other issues facing the legal community in this Q&A.

What are the current challenges facing defense and corporate counsel in today’s legal landscape?

Defense and corporate counsel are navigating a host of challenges including the rapid integration of artificial technology (AI) into legal practice, the impact of third-party litigation funding (TPLF), shifting client expectations around cost and efficiency, and an increasingly complex regulatory environment. By way of background, TPLF is where an independent entity with no prior connection to a lawsuit provides capital to cover legal expenses. In exchange, the funder receives a share of any financial recovery from a settlement or successful verdict. The lack of transparency regarding the existence of such arrangements prevents courts and litigants from knowing who is actually driving a lawsuit and has a stake in the outcome of litigation. In June, North Carolina became the first state in the country to ban such funding arrangements as being incompatible with its civil justice system. Other states have taken action to make such arrangements more transparent by requiring disclosure of their existence.

There is also increased competition for qualified lawyers, which has caused pressure on firms and companies with respect to compensation and benefits.

How does the Federation support its members in adapting to changes in law and technology?

The FDCC (Federation of Defense & Corporate Counsel) has always been ahead of the curve in anticipating what members need and identifying emerging issues. When substantive or technological changes arise, the organization provides members with cutting-edge, high-quality legal education through in-person conferences and programming, as well as online webinars and podcasts. For example, each year the FDCC hosts an annual winter meeting as well as a Corporate Counsel Symposium. Every other year, it hosts an Insurance Industry Institute. These programs are designed to provide members with the tools they need to address changes in the practice of law, such as the growing use of AI. And, because members in the FDCC are rigorously vetted, members are invaluable resources to each other. The FDCC assists members in building relationships that facilitate the flow of information and encourage the sharing of best practices. In addition, the organization connects its members with trusted vendors/sponsors who have expertise in particular topics.

What initiatives are in place to promote diversity and inclusion within the legal profession?

The FDCC actively works to ensure that our membership, leadership pipeline, and programming reflect the full breadth of the profession. We recognize that a strong defense bar requires diverse perspectives at the table, and as an organization, we are committed to admitting as members qualified attorneys and industry representatives from all backgrounds.

How can members best leverage the resources and networking opportunities provided by the Federation?

The FDCC presents its members with ample opportunities to network and build relationships. It’s not one size fits all – there is something for everyone. Some members prefer to showcase their talents through written papers, others through participation on panels, making presentations, doing podcasts, or engaging in committee work. The FDCC’s greatest resource has always been its people. The members who get the most out of the organization are the ones who regularly engage, especially by attending in-person meetings. Building trusted relationships – whether it’s lawyer to lawyer or lawyer to client – that result in referrals take time – it’s a marathon, not a sprint.

What trends do you foresee impacting the future of defense and corporate counsel practices?

AI will continue to reshape how legal work gets done — from document review to research to case strategy. But I also see the human dimensions of practice becoming more valuable, not less: judgment, relationships, courtroom presence, and the kind of institutional knowledge that only comes from experience will remain critical. Alongside that, the expectations around work flexibility are permanent – at firms and in companies – and institutions/firms that build sustainable cultures will have a real competitive advantage in attracting and retaining talent.

How does the Federation advocate for the interests of its members at the legislative level?

The Federation brings a unified, credible voice to conversations that affect how defense and corporate counsel practice. For example, we regularly submit amicus briefs to state and federal appellate courts which, in turn, increases the visibility of issues legislatively. The Federation also has longstanding relationships with other legal organizations, such as Lawyers for Civil Justice. Those relationships allow it to leverage the collective impact of the work these organizations are engaged in on issues which impact the ability to serve our clients, such as pursuing changes to procedural rules, technology regulation, disclosure of TPLF and the like. The Federation has been in existence for 90 years. Ninety years of institutional credibility means our voice carries weight, and we use it deliberately in service of a fair civil justice system.