Be curious. Embrace trends. Develop skills. Repeat.

Be curious. Embrace trends. Develop skills. Repeat.

Eduardo Felipe Matias

(excerpted from the book "I, a Lawyer? The Future of Law and the Law of the Future")

Deciding which career to pursue is one of the most important moments in life. It is even more challenging in these times when the world is undergoing rapid transformations. New professions will emerge, and traditional ones will take on new meanings. In this context, why choose Law, and especially, to be a lawyer? What can one do to succeed in this field?

The lawyer of the future – recognizing that this is a profession where women are already the majority and increasingly stand out – is someone willing to always learn, follow the main trends of today, and develop new skills.

The Power of Curiosity

Let’s begin with the qualities that can contribute to a lawyer's success. Many could be mentioned, and most of them, of course, apply to various professions. However, if there is one quality that anyone considering a legal career must have, it is curiosity.

Curiosity not only enriches the mind but also, in a field as vast and complex as Law – especially in Brazil, where the legal system is often criticized for its voluminous and intricate legislation – prepares professionals to adapt to inevitable and constant changes.

The law is not static. Being a curious lawyer means always staying ahead, updating oneself, and keeping up with change. Not only do laws change, but judicial interpretations evolve, and new legal issues emerge as society progresses.

Curiosity is a trait to be cultivated. It must be accompanied by a commitment to continuous learning, which leads the lawyer to keep educating themselves throughout life. One must always be learning and, consequently, always growing. In this process, another crucial skill is required: the ability to ask the right questions. Whether in the classroom, during a conversation with a client, or in court, knowing how to ask (and ask oneself) effective questions, challenging conventional wisdom, is often what separates an average lawyer from an extraordinary one.

This is not about seeking superficial knowledge. Curiosity fuels the desire to understand not only what the laws dictate but why they were formulated and how they can be applied. This investigative spirit fosters a broader understanding of legal issues and their nuances, which is essential in a profession grounded in interpretation and argumentation.

Finally, curiosity drives people to engage with different communities, both legal and non-legal, such as discussion groups and professional associations. Interaction with colleagues from other specialties can inspire innovative ideas and approaches, opening the door to creativity in problem-solving.

Being curious, therefore, propels a legal career and contributes significantly to the success of lawyers in a constantly evolving field.

Embracing Trends

Curiosity is the mother of pioneering. Being attentive to social and economic changes and willing to dive into uncharted waters can lead to discoveries that open up career opportunities.

The lawyer of the future (and with a future) is one who is in tune with new trends.

It has always been this way. In my life, I had a good example of this in Prof. Luiz Olavo Baptista, who held the chair of International Trade Law at the University of São Paulo, and with whom I worked for 17 years, first as his intern, later as his partner. LOB, as he was called in the office, was curious and, because of that, he was at the forefront of several movements in Law. He was, for example, one of the first lawyers to use the joint venture instrument in Brazil. He was also one of the leaders, alongside Prof. José Carlos de Magalhães – another exceptional lawyer, whom I was lucky to have as my PhD advisor – in introducing arbitration in the country, when this alternative form of dispute resolution, now widely used, was still little known here.

The law does not operate in a vacuum. It reflects society, its values, conflicts, and aspirations. Issues related to diversity and inclusion have gained prominence in recent years. The push for greater gender and racial equality has been shaping corporate practices. This also applies to movements against sexual harassment in the workplace, such as #MeToo. Lawyers attuned to this can lead the implementation of compliance policies in the companies they serve, defending the rights of historically marginalized groups.

The growing recognition of non-traditional family structures and the rights of LGBT+ communities is leading to the modernization of laws governing marriage, adoption, and parental rights. The demographic trend toward an aging global population creates pressure for reforms in the social security system and may increase the demand for legal services in various areas, from health law to estate planning. The emphasis on mental health in professional environments is affecting labor law. This is also influenced by the rise of the gig economy, which sparks debates about the treatment of workers using platforms like Uber for private transportation or iFood for home deliveries.

After the COVID-19 pandemic, it became clear that online interactions are here to stay. This affects various fields. Again, in labor law, remote work raises questions about teleworking policies. In healthcare, telemedicine raises concerns about patient privacy, data security, and regulatory compliance.

In addition to exploring new niches in well-established areas, sectors that seemed forgotten may gain renewed importance – such as space law, which has returned to the spotlight as some tech billionaires have begun investing in the launch of rockets and satellites. Of the numerous trends I could point out, I will focus on three that, in almost 30 years of my career, have sparked my curiosity when they crossed my radar. These not only marked the past decades but will certainly continue shaping our future for a long time.

Globalization – Living in an Interconnected World

The first trend to catch my interest was globalization. I began studying this topic right after graduating, when I started my master’s program, and it was the subject of my PhD, which resulted in the book "Humankind and Its Borders: From Sovereign State to Global Society."

The lessons brought by the pandemic and the war in Ukraine have increased the concern of states to reduce their dependence on global value chains, especially regarding essential products. This has led many to speak of “deglobalization,” but the fact is that this process, to a greater or lesser degree, is here to stay.

The internationalization of the economy has transformed the legal field, expanding its horizons far beyond national borders and imposing on lawyers the need to familiarize themselves with a broader range of rules and practices.

With globalization, the importance of international law, which encompasses areas ranging from international trade to human rights, has intensified.

This process has been accompanied by the emergence of various multilateral institutions, such as the World Trade Organization (WTO), and regional blocs, such as Mercosur, along with the need to master the mechanisms that facilitate trade and investment between countries, which must be considered by companies wishing to expand their operations abroad. As commercial transactions cross borders, the demand for resolving disputes in a neutral forum acceptable to all parties has grown, boosting international arbitration. It has become essential to know the arbitration chambers that administer these disputes and their rules.

As companies internationalize, they face a landscape of multiple tax jurisdictions, which increases the demand for specialists in international tax law who can provide efficient planning. To ensure that their clients’ trademarks, patents, and copyrights are protected in a global market, lawyers specializing in this area must also be familiar with international treaties such as the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) of the WTO. In criminal law, the rise in offenses that transcend national borders, such as cyberattacks, human trafficking, and terrorism, requires criminal lawyers to handle complex jurisdictional issues and understand the mechanisms of international cooperation and extradition treaties. Additionally, the proliferation of anti-corruption laws creates opportunities for those qualified to guide the implementation of compliance programs and advise on structuring international business to minimize the risk of violations, avoiding severe sanctions.

This same evolution can be seen in virtually all areas of law, which respond with new rules to the growing interdependence among peoples.

Sustainability – ESG Principles Transforming Companies and Law

My interest in global governance issues led me to pay attention to the second trend I will address here: sustainability.

I had just published my first book when discussions about global warming began to gain momentum, which intensified especially after the release of the 4th Report of the UN Intergovernmental Panel on Climate Change (IPCC) in 2007. This report consolidated the scientific view that global warming was an undeniable reality and was being driven by rising concentrations of human-produced greenhouse gases.

Globalization and sustainability are directly related, as most problems linked to the latter, including climate change, are worldwide and must be addressed as such. This led me to delve into global sustainability governance, which was the subject of my postdoctoral work and gave rise to my second book, “Humankind Against the Ropes: The Global Society’s Fight for Sustainability.” The gradual increase in public awareness of the effects of global warming has had a profound impact, directly influencing international climate negotiations and setting the stage for future conventions, such as the Paris Agreement in 2015 – the result of the 21st Conference of the Parties of the United Nations Framework Convention on Climate Change (COP-21), in which I had the opportunity to participate – which marked a new milestone in the cause of sustainable development.

Today, often under the new guise of Environmental, Social, and Governance (ESG) principles, sustainability is a consolidated trend that permeates all activities and cannot be ignored by the legal profession.

On the contrary, in response to the need to protect the environment, a complex web of national and international regulations, standards, and practices has emerged, along with unique concepts, institutions, and principles. This allows us to affirm that we are witnessing the creation of a new legal field: International Sustainability Law.

This goes beyond traditional environmental law, which, of course, is also on the rise. The idea of sustainability encompasses various areas, including, for example, corporate social responsibility (CSR), where lawyers can advise companies on how to integrate ethical practices into their operations, ensuring that those affected by their activities and decisions – their stakeholders – also benefit.

Essential for halting climate change, a growing field of work is renewable energy. Lawyers specializing in this area can contribute to structuring solar and wind energy projects, from the licensing phase. The demand for decarbonization of the economy drives the invention of new types of fuels, such as green hydrogen, and opens up opportunities in sectors like carbon credit trading, greenhouse gas offsetting, and issuing green bonds for financing.

In the real estate sector, green building practices will depend on the guidance of lawyers who can assist companies in obtaining certifications like LEED – Leadership in Energy and Environmental Design, an internationally recognized certification system for sustainable buildings, which evaluates the efficiency and environmental impact of buildings.

Finally, the growing incorporation of sustainability principles into international trade agreements will increase pressure for the adoption of certain practices, such as tracking supply chains to prove that they are not harmful to the environment or do not use child labor. Ignoring this pressure can pose risks to companies, including reputational risks.

By embracing the trend of sustainability, the lawyer of the future is not merely seeking career success but aims to make a positive impact on the world. New generations understand the importance of integrating respect for people and the environment into their daily lives. In addition to pro bono work, directly addressing sustainability-related issues, or considering its principles in every activity, helps provide a sense of purpose, increasing the fulfillment and engagement with the profession.

Technology – The Rise of Artificial Intelligence and Digital Law

The growing impact of technological innovation on our lives is the third trend that is impossible to ignore.

Again, this trend is directly related to globalization. Technologies impacting the economy and society, such as the internet, with its social networks, and artificial intelligence (AI), are global, and therefore require equally global governance. The relationship between technology and law piqued my interest in my final years of university, when the term "IT Law" was in use. Years later, in my book Humankind and Its Borders, I was able to analyze, among other aspects of globalization, how the emergence of cyberspace represented a challenge for the state and institutions. More recently, I delved into different themes related to governance in the digital age during two periods as a visiting scholar in Silicon Valley, the first at the University of California at Berkeley, and the second, for a year, at Stanford University.

If technology is revolutionizing numerous sectors, law is no exception.

This revolution affects lawyers in two ways. First, because adopting advanced technologies like AI is no longer an option, but a necessity if one wants to remain relevant in an increasingly dynamic and competitive profession. Second, because the field of digital law offers promising prospects for lawyers who venture into it.

On the practical side, technological tools can transform a lawyer’s daily work, increasing the efficiency of their tasks. One of the most notable applications occurs in legal research, which was once a process that could involve countless hours in libraries but has been simplified through online databases and search tools. AI-based software can scan thousands of academic articles and rulings to find the desired information in seconds, freeing up the lawyer’s time to focus on what really matters—legal analysis.

AI can also contribute to automating the drafting of certain documents, such as contracts, and play an increasing role in predicting the outcomes of lawsuits. By analyzing data from previous cases, complex algorithms can help lawyers assess the likelihood of success for each strategy, guiding their clients’ decision-making to optimize resources.

Finally, video conferencing tools and cloud-based collaborative platforms allow lawyers to interact with clients and colleagues anywhere in the world, breaking down geographical barriers and expanding their practice.

Without embracing technological innovations, lawyers risk falling behind. Ignoring tools that automate and optimize repetitive tasks causes lawyers to waste time on activities that could be simplified or accelerated, resulting in lower productivity and higher operational costs, which would affect their competitiveness in a market where clients expect fast, accurate, and cost-effective services.

One must also consider that digital law is one of the most promising areas in today’s legal landscape.

The gradual digitalization of various aspects of our social and economic lives leads us to spend much of our time online, allowing for the mass collection of personal data, especially by social media platforms that use their ability to profile users to sell targeted advertising. In this context, the role of lawyers specialized in legislation such as Brazil’s General Data Protection Law (LGPD) becomes critical. These professionals can advise companies on implementing privacy policies and proper data handling practices, as well as handle cases of violations.

Intellectual property law is an obvious beneficiary, not only because of the flood of technological solutions that require patent registration, but also because we live in an era where intangible assets are extremely valuable to companies, and these companies are increasingly vulnerable to digital piracy.

From various types of cybercrimes—such as ransomware attacks—to cyberbullying and defamation on social media, which fall under criminal law, to e-commerce, which, as more purchases are made online, draws attention to consumer rights, and even to civil liability issues caused by autonomous vehicles or drones, all branches of law will undergo updates due to the introduction of technology. The use of AI raises ethical concerns that must be addressed by lawyers. The Internet of Things (IoT) raises questions about privacy and data security. Proposals for the development of a more decentralized internet based on blockchain technologies, known as Web 3.0, and solutions such as cryptocurrencies, Decentralized Autonomous Organizations (DAOs), and smart contracts open up a new universe of possibilities for forward-thinking lawyers. And if the Metaverse truly arrives one day, all law will become digital law.

Startups – Globalization, Sustainability, and Technology Put into Practice

It’s likely that we won’t achieve a truly sustainable world without a push from innovation, given that the challenge of promoting radical transformations in our infrastructure and consumption habits in time to, for example, slow down climate change, seems too daunting. For this reason, once again, two trends mentioned here are combined. Sustainability depends on technology.

Startups may be the best link between these two trends, and even between them and globalization. To fulfill their goal of solving problems that are mostly global, startups must adopt scalable business models and tend to internationalize. Since scalability often depends on the application of technological innovations, many of these companies fall under the category of deeptechs.

This led me, a few years ago, to begin working with these companies, particularly those aiming to solve significant social or environmental problems—the so-called impact businesses—and more recently to get involved in discussions about the creation of Brazil’s Legal Framework for Startups. Working with a startup is, for a lawyer, a complete experience.

It begins with the curiosity to understand how the entrepreneurial ecosystem works, getting to know its players—such as accelerators and incubators—and the support mechanisms created to help these companies flourish. It continues with their initial legal structuring, dealing with issues of intellectual property and confidentiality agreements, as well as corporate aspects of the relationship between the founders and between them and their collaborators—such as helping to define stock option plans.

It also requires knowing how their business model is affected by existing regulations—or by the lack of them, since many startups develop disruptive projects without market equivalents. Some will operate in highly regulated sectors, such as healthcare and education, which may create controlled environments to test innovative solutions, known as regulatory sandboxes, which the lawyer of the future will need to be familiar with. There is also an important stage in advising on fundraising from angel investors, venture capital funds, and crowdfunding platforms, among others, without which the desired scalability is unlikely to occur.

Many startups are at the forefront of technological progress and raise new legal issues, transforming the market they participate in. Consider the impact of fintechs, the category of startups that has produced the most unicorns in Brazil, on the traditional financial market.

Thus, working with startups represents an ideal opportunity for legal professionals interested in guiding businesses from their inception to internationalization, with the potential for exponential growth and the ability to change the world as we know it.

And What Else?

The success of the lawyer of the future does not depend solely on their specialized technical knowledge.

It also stems from a series of non-legal skills and competencies.

Some of these will be innate. Others will need to be developed. Some, like leadership and strategic planning, apply to all professions. Others are especially relevant to those who choose law.

Adaptability is one of them. Like startups, lawyers need to know how to “pivot” and adjust their course when they notice that their area of practice and client demands are changing. In a profession where interpersonal dynamics—with clients and colleagues—are especially intense, emotional intelligence is essential. The same goes for negotiation skills, which can ensure positive outcomes for clients, and networking, since expanding one’s connections is vital for career advancement and business origination.

However, at the end of our conversation, I will focus on two skills that seem even more essential than the previous ones.

The first is communication.

The ability to translate complex legal concepts into clear and accessible language, whether in writing or orally—make no mistake, public speaking becomes almost a requirement—is fundamental for good lawyering.

This involves setting aside legal jargon, loaded with archaic expressions and formalities, which intimidates and alienates those without a legal background. It also includes the use of social media, now a tool for those seeking professional exposure. There, communicating well can mean the difference between being heard and speaking into the void.

By demystifying the law, using terms that are easily understood without losing technical precision—and often employing visual law resources—lawyers not only ensure that clients understand what is being conveyed but also create a closer relationship—imagine how your client, a young entrepreneur in a startup, would react to the use of flowery expressions in Portuguese or, worse, in Latin during a meeting. Data venia...

In addition to correct and straightforward Portuguese, mastering other languages will always be a differentiator. First, because it opens up a world of learning by allowing access to texts and courses in foreign languages—a treasure trove for the curious lawyer. Second, because in an interconnected world, language proficiency opens doors, expanding the lawyer’s scope of action and employability. It also allows for immersion in different cultures, understanding their nuances, which helps in negotiations and promotes empathy with clients and lawyers from other countries.

This is particularly true for English, which is now indispensable. Without it, the unparalleled repository of academic and professional knowledge produced in this language remains out of reach—a gap that becomes more pronounced in the various advanced fields of law mentioned here. And, as English is the language of globalization, not mastering it hampers the ability to perform several activities involving international contacts.

The second skill to highlight is multidisciplinary or interdisciplinary knowledge. If curiosity will always be the lawyer’s greatest superpower, one of its derivatives—the ability to accumulate and integrate knowledge from other disciplines—is indispensable for the lawyer of the future.

Focusing on the three main trends analyzed here, lawyers with knowledge of economics and international relations will be better equipped to establish internationalization strategies for their clients. Those who want to work in the sustainability field will be more effective if they understand the scientific basis of climate change, pollution’s harmful effects, and the risks of biodiversity loss. Those who want to advise on cutting-edge topics in the digital age, such as biotechnology and AI, benefit from understanding how these technologies work, their limitations, and ethical implications.

This skill extends to understanding their clients’ businesses. It is not enough to master the laws applicable to the sector in which they operate. One must understand the culture, market dynamics, and competitive pressures of the environment in which they work. Going beyond simply solving legal issues and proactively proposing solutions that broadly promote the client’s objectives helps to establish a long-term relationship, making the lawyer an essential strategic partner.

***

Globalization, sustainability, and technology will continue shaping the 21st century. In response to these trends, the process of building global governance mechanisms involving national, transnational, and international rules will persist.

Keeping up with this evolution depends on engaging in a process of continuous learning, which begins with choosing a law school that does not overlook these trends and contributes to the education of people capable of thinking globally, keeping sustainability in mind, and skillfully navigating the digital age.

But it doesn’t end there. To be successful in their profession, the lawyer of the future will need to keep their curiosity alive and continue developing new skills. Endlessly. For life.

Eduardo Felipe Matias

With 30 years of experience in corporate law, Eduardo Felipe Matias is a two-time winner of Prêmio Jabuti, Brazil’s most traditional literary prize, for the books " A Humanidade e suas Fronteiras: do Estado soberano à sociedade global" and " A Humanidade contra as Cordas: a luta da sociedade global pela sustentabilidade". He is co-author of the study "Sharing Good Practices on Innovation" and coordinated the book " Marco Legal das Startups: Lei Complementar 182/2021 e o fomento ao empreendedorismo inovador no Brasil." A columnist for Época Negócios magazine and for the Estadão/Broadcast, he has published more than a hundred articles in the main media outlets in the country. He holds a PhD in International Law from the University of São Paulo (USP), where he also earned his law degree. He completed his postdoctoral work at IESE Business School in Spain, holds a master's degree in International Law from the University of Paris II Panthéon-Assas, and was a visiting scholar at Columbia University in New York and at the Universities of Berkeley and Stanford in California. He is a Guest Professor at Fundação Dom Cabral and a Lecturer at the Institute of Advanced Studies of USP (IEA-USP). He is the leader of the Startups Committee of the Brazilian Software Companies Association (ABES) and a partner at the law firm Elias, Matias Advogados.

Article originally published in Portuguese in the book "Eu, advogado? O Futuro do Direito e o Direito do Futuro", published by ESPM, which features a foreword by former President of Brazil Michel Temer and brings together 21 renowned legal experts, including Ives Gandra Martins, José Eduardo Cardozo, Alberto Zacharias Toron, and Thomas Felsberg. Examining transformations in the legal field amid the digital revolution, the book serves as a guide for aspiring young lawyers, offering an innovative and up-to-date perspective on future trends in the profession.

For the original article in Portuguese and more information about the book, click here: Publicações | Elias, Matias Advogados

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