Robots, Markets, and the Evolving Role of Deal Lawyers in an Automated Age
In an era where artificial intelligence drafts contracts and blockchain-based platforms execute transactions without human input, the value of deal lawyers faces a profound test. Historically, business lawyers added worth by expertly navigating complex legal ambiguities—such as the nuanced “true sale” doctrine in securitization—and by ensuring that financial markets remained tethered to sound legal principles and fairness. Now, automated “smart contracts” and tokenized assets threaten to eliminate the intervention points where human judgment could challenge questionable assumptions or re-characterize deals that fail. Rather than becoming obsolete, deal lawyers have an opportunity to assert a new kind of leadership: shaping automated compliance, embedding ethical constraints into code, and preserving the role of human discretion. In doing so, they can ensure that even as financial transactions speed toward “driverless” execution, markets remain grounded in law, equity, and responsible stewardship.