April 8, 2026

For decades, the blueprint for a skilled lawyer was clear: know the law, understand the procedures, and prepare meticulously for cases. Until recently, technology was a mere accessory in the legal profession, enhancing speed and ease without altering the essence of legal practice. However, this static landscape of litigation is undergoing a profound transformation.
As we delve into the dynamic realm of real-time litigation, as discussed with Dean Whalen, Chief Legal Officer at Readback, we witness a pivotal shift in what defines legal competence. In the high-stakes environment of a deposition, the role of technology has shifted from peripheral to central. Real-time transcription, live annotations, and AI-assisted analysis are not just enhancing legal practices; they are redefining them.
Gone are the days when attorneys had to wait for the stenographer's transcript to analyze the deposition's outcomes. Now, testimony is visible and amendable on the spot, allowing for immediate adjustments and precise record-keeping. This new immediacy in litigation propels a shift from the traditional "act first, analyze later" approach to a more proactive and dynamic process.
However, integrating technology into legal practice extends beyond just convenience—it influences the very standards of competence. As Dean Whalen pointed out, lawyers are now expected to be adept not only in law but also in the technologies that enhance their practice. This expectation is reshaping ethical obligations and redefining what it means to be a competent legal professional.
In-house counsel, in particular, stands to gain significantly from this evolution. They are not just consumers of legal services but also managers of risk and outcomes. The shift to real-time depositions offers them new tools for oversight and decision-making, enhancing their ability to manage litigation effectively.
Despite the advantages, the transition to technology-enhanced litigation is not devoid of skepticism. Some practitioners worry that these tools might distract from the human elements crucial to litigation, such as establishing rapport and reading behavioral cues from witnesses. Acknowledging this concern, Whalen suggests a balanced approach—using technology as a safety net rather than a distraction during depositions.
The infusion of technology in legal processes also raises important questions about trust and security. The admissibility of transcripts, the protection of data, and the necessity of human oversight remain paramount. As we increasingly rely on digital tools, understanding and mitigating the risks associated with them becomes a critical component of legal competence.
In conclusion, the definition of competence in the legal field is evolving. It is no longer static but is rapidly adapting to incorporate technological advancements that redefine the parameters of effective legal practice. Lawyers who embrace this shift early will not only transform their approach to litigation but will also set new benchmarks for success in the legal profession. As technology continues to advance, so too must our understanding of what it means to be competent in law.