Professional Paradigms New and Old (5): Why change if we don’t have to?

Why change if we don’t have to?

Good question. I Googled it. The most hits were about the hazards of not changing your car’s oil, plus a few along the same lines about furnace filters or the water filter on the fridge. There was one about changing your underwear, and a few about lifestyle changes related to health issues. All of those are maintenance issues — mechanical, hygiene, health — which we would generally consider have to’s.

What about changing to keep up with the competitive pressures of the marketplace? There’s a lot of keep up with the Joneses thinking out there, but in my observation, making yourself afraid of what the competition might do rarely results in anything other than drama. No have to in that.

Recently, at a CLE workshop in South Carolina, a participant  asked, “Aren’t there some things we don’t need to change?” The question brought me up short, reminded me why we were investing a whole day talking about change:  we were there to enhance professionalism, help us do our work better, keep us ethical, and maybe even help us to be happy practicing law — or find the courage to get out. That’s why we needed to talk about things like law school inflicted brain damage, lawyer substance abuse, depression, anxiety, and suicide, and the value of personal happiness in supporting ethical behavior. Some things are broken and need to be fixed, and some things we do to keep our edge — both are necessary maintenance, part of our professional have to’s.

But there was a second part to my answer. Beyond those maintenance issues, I agree:  let’s not change if we don’t want to. I’m not sure it’s even possible. I do know that grudging change never seems to work.

I say that even though I think and write a lot about change — particularly the psychological and neurological dynamics of personal transformation. (You may have noticed.) If I were still in law practice, I would no doubt be incorporating the not-so-futuristic practice developments into my firm, and otherwise actively engaging with the huge paradigm shift happening in our profession.

But that’s not everybody’s choice, and I get that. They’re content to let those developments play out by the process of cultural evolution. If a day comes that threatens obsolescence beyond mere fear-mongering, it will become a shared maintenance issue, and we’ll take care of it together… but probably not before.

All that went into my answer to the question in South Carolina. Which made me ask myself once again what’s behind my own commitment to change. Bottom line is, I have a personal, real-time, vested interest in change because I’ve been on a steep personal transformation learning curve for nearly a decade — for all sorts of reasons I’ve written about in my books, my personal blog, and sometimes in this column. Thinking and writing about it is my way of being proactive about my own best interests.

More next time on why that’s relevant to this blog.

Professional Paradigms New and Old (2): You Had Me At The Creds

I met a friend for a beer last Thursday, and told him about my blog post that day about the future (actually the end) of the professions.

“I’ve got a story for you about that,” he said. “I thought now that I’m retired, I should get my affairs in order.”

I practiced estate planning, so my ears perked up. He told me about all the useful information, forms, and software he’d found online, also about the estate planning seminars he’d attended and the presenting lawyers’ “don’t try this at home” pitches. And his incredulous response to their fee quotes “for things I could do myself.”

He’s newly retired from an illustrious teaching career — an Ivy League grad, six published books, awards and accolades everywhere. He has a huge and healthy respect for the professions and professionalism. And he had more to say.

“In education, it’s gotten to the point where it’s, why even bother to go to school? It’s all available online. You can learn what you want, your own way.”

Then he paused. “But I still wouldn’t go to a surgeon who didn’t have the credentials.”

Ah, the credentials. Is that why people still go to law school, med school, get a CPA, a teaching certificate?

Yes, in part, but the world of professional credentials is changing. I talked about this in a post last March called Strange Bedfellows:  Commercial Law and Legal Ethics. Here’s an excerpt:

“Peer-to-peer is what’s driving the new sharing economy. Consider this from a recent article in Time Magazine:

“The key to [the sharing economy] was the discovery that while we totally distrust strangers, we totally trust people — significantly more than we trust corporations or governments. Many sharing-company founders have one thing in common:  they worked at eBay and, in bits and pieces, recreated that company’s trust and safety division. Rather than rely on insurance and background checks, its innovation was getting both the provider and the user to rate each other, usually with one to five stars. That eliminates the few bad actors who made everyone too nervous to deal with strangers.”

In that post, I made these two predictions (among others):

  • The peer-to-peer dynamic will prevail in significant economic sectors — including the professional service sector of which the legal profession is a part.
  • The resulting consumer satisfaction data will have a curious side effect as a new kind of legal ethics watchdog.

As for the latter, I said this:

“Peer-to-peer is the ultimate in self-policing, which makes its extension to legal ethics unlikely but logical. Rule 8.3 — the duty to report unethical behavior among our peers — has long been a part of the Model Rules of Professional Conduct, but has been more honored in the breach than the observance. The new, democratized marketplace will take this matter into its own hands.”

In other words. the professional paradigm will shift — in fact, is already shifting — to include peer-to-peer review as an alternative form of professional credentialing.

True, the typical consumer still wants law school and bar admittance credentials for the legal equivalent of surgery, but for the rest, we’re seeing a major shift in consumer attitudes toward my friend’s — to the point where the consumer is more likely to buy from someone (lawyer or not, which is its own topic) who gets 20 five-star ratings for estate planning offered at a reasonable price (which my buddy gave as 10% of what the seminar lawyers were charging). They’ve got the creds the consumer wants… just a different kind.

Like it or not, it’s happening out there in the New Economy marketplace, and we’ll see more of it in our house. We’re not all the way to lawyers posting client ratings on a five-star scale yet, but one day… I’ll bet it happens. I also bet that day will come way sooner than most lawyers would care to predict.

For Bill Gates’ take on the value of a college education credentials, check out his post yesterday on LinkedIn Pulse.

And for a toe dip into the New Economy, take a look here and here.

The Legal Times They Are A Changin 4  33%

 

Check out this collection of last year’s Future of Law blog posts. It’s a FREE download. Also included is the Culture of Law series from the second half of 2015. Click this link or the cover for downloading details.

Professional Paradigms Old and New (1): The Future Is Here, And We’re Not In It

 

The first six months of 2015, this blog ran a series on the Future of Law. About halfway through, I discovered the work of law futurist Richard Susskind, and quoted his books several times after that.

The Future of the ProfessionsRichard and his son Daniel recently teamed up to publish The Future of the Professions:  How Technology Will Transform the Work of Human Experts.

The book takes commitment to get through — it is exhaustively (sometimes exhaustingly) researched, and written with the painstaking (sometimes painful in its meticulousness) logic of philosophy (or a legal brief). But if you want to make your own contribution to the future of the profession, it’s an absolute must-read.

Among other things, you’ll find lots of new news about practice models and technologies — not just in law, but the other professions as well — which gives a sense of the vastness of the paradigm shift currently well underway in all the professions.

Here’s how the book summarizes its message:

“[T]he professions are our current solution to a pervasive problem, namely, that none of us has sufficient specialist knowledge to allow us to cope with all the challenges that life throws at us. We have limited understanding, and so we turn to doctors, lawyers, teachers, architects, and other professionals because they have ‘practical expertise’ that we need to bring to bear in our daily lives. In a print-based society, we have interposed the professions, as gatekeepers, between individuals and organizations, and the knowledge and experience to which they need access.

“In the first two parts of the book we describe the changes taking place within the professions, and we develop various theories (largely technological and economic) that lead us to conclude that, in the future–in the fully fledged, technology-based Internet society–increasingly capable machines, autonomously or with non-specialist users, will take on many of the tasks that currently are the exclusive realm of the professions.

While we do not anticipate an overnight, big-bang revolution, equally we do not expect a leisurely evolutionary progression into the post-professional society. Instead, we predict what we call and ‘incremental transformation’ in the way in which we organize and share expertise in society, a displacement of the traditional professions in a staggered series of steps and bounds. Although the change will come in increments, its eventual impact will be radical and pervasive.

“In other words, the professions as we have known them are facing the full implications of a massive paradigm shift from analog to digital in how we create, curate, and communicate wisdom, expertise, and specialized knowledge. The old paradigm relied on manuscripts and human brains; the new is proliferated in digitized forms most of us can barely conceive of.”

The result? Let’s put it this way:  the Susskinds could have called their book not the Future of the Professions, but the End of the Professions.

As I’ve said before, this paradigm shift is way bigger than our individual opinions of it. This series will offer some thoughts on how we reckon with it.

 The Legal Times They Are A Changin 4  33%

For last year’s version of the Future of Law, check out this collection of those blog posts. It’s a FREE download. Also included is the Culture of Law series from the second half of 2015. Click this link or the cover for details.

The Legal Times They Are A-Changin’ (Part Two)

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(The following is taken from the Preface to a just-published collection of my blog posts from the past year. This is the second of a two-part miniseries.)

The Culture of Law

Having followed new practice models and technologies all the way to a new role for the law in human culture, I stumbled across one more stunning realization:  In order for the legal entrepreneurial practice models and technologies to sustain themselves within a context still recognizable as what we consider to be the legal profession today, a new law culture would need to arise with them. Without a new law culture, the new law would be patched onto the old version of the legal profession and the garment would tear, leaving what was left of the profession to degenerate into non-visionary squabbling over issues like non-lawyer ownership of legal services and multi-jurisdictional legal entities. The big picture would be lost in a myopic preoccupation with making new developments fit existing paradigms. Meanwhile the larger legal paradigm would keep shifting, resulting in a haphazard and messy arrival.

That realization led to a follow up series on The Culture of Law, which occupied the second half of 2015. Following Prof. Austin’s lead and my personal interest in neuroscience, I examined how culture is formed from the inside out — beginning literally with how lawyers’ brains are re-wired in law school and entry into legal practice. Among other things, I learned that culture is formed and changed in individual brains, and is transmitted from one brain to another until the Tipping Point is reached and the collective brains of the culture find themselves wondering how it is that the old culture seems so entirely gone and the new one so entirely present. When that day comes, the New Normal will be the only normal some people in the law culture have ever known. Pause for a moment and try to get your head around what that would be like, if that were true of you.

Why this collection?

Dylan album for book coverYou noticed, of course, that its cover and title mimic Bob Dylan’s seminal 60’s album and its anthem “The Times They Are A-Changin’.” Referencing Dylan and the 60’s is not a me-too grab for social revolutionary status, it’s a recognition of the social revolution that is already upon us. Something much, much bigger than new practice technologies and non-lawyer ownership of legal service providers is shaking underfoot. The practice models and cultural dynamics that make up the legal profession’s status quo today simply will not be with us in 50 years. Some won’t be here in 20, maybe not in 5 or 10. Some are gone already. As they disappear — one by one, and in batches — a new world of law will emerge to replace them. And when it does, the law’s role in human society — and thus human society itself — will have changed with it. All of that will happen though a process that is evolutionary, inevitable, and already well underway — begun, literally, in the re-wiring of law student and lawyer brains.

And yet…

In the midst of all of this seismic change, there is yet one essential element waiting to fully play its hand:  us — that is, those of us who inhabit the legal profession, who consider it an essential milieu of our work and our lives, and who care enough to lend a hand in creating its new future and culture, which wait for our participation to bring them fully into existence. The question is not whether the new future and culture of law will arrive, it is whether we’ll lend a hand in bringing it about.

“The best way to predict the future is to create it.”

Suddenly Dylan’s lyric has new relevance:

“Your old road is rapidly fading/
Please get out of the new one if you can’t lend your hand.”

The lyric is both a challenge and an invitation, which brings us back to that question about the legal profession’s curious indifference to its own welfare. As it turns out, our neurological wiring has such an innate allegiance to status quo — even to our own detriment — that most of us simply won’t get the invitation, or won’t open it if we do. But for those who do, and who choose to engage with the massive professional and societal developments already underway, change will become not merely evolutionary, but revolutionary. For them, the times will become a once-in-forever passion and opportunity.

Revolutions spawned in changing times require extraordinary visionary courage, expressed ultimately not merely in ideas but in action. Which is why both the Future of Law and Culture of Law blog series ended the same way, with the same insight:  “The best way to predict the future is to create it.” And why both offer us the same choice:

Will we rise to the challenge and create the future of law
and a new culture of law to support it?

Or will we simply hunker down and go along for the ride,
letting the unpredictable forces of cultural evolution handle it for us,
at the risk of ending up somewhere we never intended to go?

I would be delighted if this collection helps us to frame our response.

(The quote “The best way to predict the future is to create it” has been ascribed to a lot of different people, including Peter Drucker and Alan Kay. But according to the Quote Investigator, it appeared first in 1963 in the book Inventing the Future by Dennis Gabor, who was later awarded a Nobel Prize in Physics for his work in holography.)

The Legal Times They Are A Changin 4 33%The Legal Times They Are A-Changin’ is the second collection of Kevin’s blog posts focuses on the future and culture of law, including insights on technology, innovation, neuro-culture, and entrepreneurship. Extensively researched, visionary, and written in a crisp, conversational style by a man on a mission to bring wellbeing to the people who learn, teach, and practice the law.

The Legal Times They Are A-Changin’ (Part One)

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The following is taken from the Preface to a just-published collection of my blog posts from the past year.

Killing Them Softly 

Law enlightenment 2nd edition 33%My book Law, Enlightenment, and Other States of Mind (now available in a revised second edition) collected several years of my blog posts for the Legal Connection. It ended with a series called Killing Them Softly, featuring the work of University of Denver Law professor Debra S. Austin. (See Killing Them Softly: Neuroscience Reveals How Brain Cells Die From Law School Stress And How Neural Self-Hacking Can Optimize Cognitive Performance. See also her article Drink Like a Lawyer.)

Research studies and media stories about lawyer depression, anxiety, substance abuse, and suicide are legion, but Prof. Austin’s Killing Them Softly sounded a new kind of alarm through its application of neuroscience to the chronic stresses of law school and legal practice and its depiction of how law students and lawyers suffer cognitive brain damage that impairs them from doing precisely what their studies and practices require.

How’s that working for you, if you’re a client? Or an educator? Or a spouse? Or any number of other people with vested interests in law student and lawyer health and performance?

The more I blogged about Killing Them Softly, the more I wondered:

If we know we’re hurting ourselves, then why don’t we stop it?

We Are The Borg

Resistance-is-futile-Picard-BorgI’d blogged before about the legal world’s confounding indifference to its own welfare. This time, I broached the topic in a short series called Saving Ourselves From Ourselves, using Star Trek’s bad guys The Borg to lighten the inquiry. I mean, it was the end of the year (2014) and holiday time, after all. My attempt at levity didn’t help. Not really. The topic was too disturbing and the Borg “you will be assimilated” metaphor too appropriate. The law profession’s entrenched willingness to tolerate and continue unhealthy and performance-impairing practices wasn’t going away that easily.

Meanwhile, I’d noticed that an emerging subset of the legal profession seemed to be having a more upbeat experience. These were the new legal entrepreneurs, who seemed to have cornered the market on inspired action and were busy creating a bold new future for law practice. And yet, from what I could tell, the mainstream of lawyers remained unaware of the seismic shift in the legal profession happening right under their feet. They simply didn’t have ears to hear or eyes to see; they didn’t and apparently couldn’t feel the tremors. Once again I wondered:  Why not?

The Future of Law

I had written about trends in law practice before as well, but armed with new research, I launched a new series at the start of the new year (2015) on The Future of Law. And then, for some reason I couldn’t articulate then and still can’t, I decided to play like a futurist and predict where the future of law was going. The predictions flowed easily once I focused on the larger trends driving the entrepreneurial initiatives, such as globalization, commoditization, democratization, and big data. Those trends were mostly finding expression in new legal practice models and technologies, and in hindsight my predictions in that arena frankly weren’t all that remarkable, although they certainly seemed so to me when I wrote them.

No surprise, then, that one week I would predict something, only to discover within short order an example of it. No, I hadn’t developed a new gift of clairvoyance, I was only tapping into what was already happening. In fact, I was fast being left behind:  not only were the legal entrepreneurs busy creating a new future for law practice, but both legal and popular media were equally busy covering it. I had just come late to the party.

I helped myself liberally to the news as I wrote my blog, but then a more stunning realization about the future of law began to dawn in my awareness. This realization came to me in a series of waves, each amplifying the others:

  • The new practice models and technologies wouldn’t only change how law is practiced, they would invariably re-create lawyers themselves — who they are, and what they do.
  • As a result, a new kind of lawyer would engage in a new kind of law practice, alongside a new kind of legal expert who wouldn’t even qualify to be called a lawyer in today’s regulatory environment.
  • Alongside both of them, consumers (no longer “clients”) would themselves also practice law in a wave of legal DIY aided by artificial intelligence algorithms engineered by cyber geeks and served up online.
  • The combined impetus of all these developments would create a new kind of law— new in both substantive content and in how it is created, shaped, communicated, and applied.
  • In particular, this new kind of law would be created and disseminated, and would grow and change, by processes other than the historical reliance on legislation and appellate precedent and lawyer-to-client communication.
  • Finally, the advent of a new kind of law would transform the law’s role as a foundational institution in the larger cultural context in which it lives and moves and has its being.

Seismic change, indeed.

Continued next time.

The Legal Times They Are A Changin 4 33%The Legal Times They Are A-Changin’ is the second collection of Kevin’s blog posts focuses on the future and culture of law, including insights on technology, innovation, neuro-culture, and entrepreneurship. Extensively researched, visionary, and written in a crisp, conversational style by a man on a mission to bring wellbeing to the people who learn, teach, and practice the law.

 

What’s Up For the New Year

New year party hatThe past couple years, this blog has been mostly about profession-wide trends. When it began a few years ago, it focused on personal development. This year, we’re going back to that beginning, within some blurry lines.

Researching law practice trends in the past year, I’ve discovered great sources such as Above the Law, The Lawyerist, and The Likeable Lawyer. There’s also mindfulness evangelist Jeena Cho, and law futurist par excellence, Richard Susskind. And right in my own backyard there’s the IAALS (The Institute For the Advancement of the American Legal System). There are plenty more where those came from.

Knowing that all those sources are out there, doing such a great job at what they do, I’ve grown reluctant to use this blog to simply recycle their material. I recommend them to you if you want to beef up your list of sources with a finger on the pulse of the paradigm shift that’s happening in the legal world these days.

Beyond those law-specific sources, I read and research a lot about creativity and innovation, health and wellbeing, consciousness and personal growth. I’ve noticed that, in the realm of personal development, the genre lines have gotten blurry. Entrepreneurs talk about mindfulness, humanities profs cite quantum physics, and everybody talks about neuroscience, so that now we have all these hyphenated new disciplines:  neuro-culture, neuro-anthropology, neuro-biology…. I haven’t seen nuero-legal yet, but I’ll bet it’s coming.

The Information Age is serving up a rich cross-fertilization of multi-disciplinary ideas. Entrepreneurial innovation takes cues from artistic creation, business builds itself around social causes, and leadership thought leaders borrow the language of the archetypal inner hero’s journey.

While some groups around the world are darkening into fundamentalist rage, there’s a counter movement that’s waking up moment-by-moment into a bigger, bolder, brighter future that — guess what? — even has lawyers in it.

Imagine that.

No, I mean really. Use your imagination to get your heart and soul around a bigger, bolder, brighter future for lawyers and the law.

Feels pretty good.

That’s where we’re going this year — into that cross-disciplinary brightness. And along the way, because everybody likes a good story, I plan to tell more of them. Many will be my own, and why not? Classic literature has known forever that where we’re most personal we’re also most universal, and I’ve learned to trust that my stories have the same effect. I’ll be honest, I’ve been a reluctant learner on this point, but I think I’m getting it. So we’re going there, too.

That’s what’s up for the new year. But before we go entirely there, I’m going to take the next two weeks to put one final exclamation point on last year’s Future of Law and Culture of Law series, and invite your participation in The Moral of the Story one last time. That’s not entirely a digression, though, because if you accept that invitation, it will become the wildest ride of personal development you could (not) ever imagine.

‘Til then, thanks for reading, and see you next time.

Kevin Rhodes has been a lawyer for over 30 years. Drawing on insights gathered from science, technology, disruptive innovation, entrepreneurship, neuroscience, and psychology, and also from his personal experiences as a practicing lawyer and a “life athlete,” he’s on a mission to bring wellbeing to the people who learn, teach, and practice the law.

The Culture of Law (1): Peace of Mind

“The best way to predict the future is to create it.”

Dennis Gabor, Nobel Prize Winner in Physics

Since the first of the year, we’ve been talking about the future of law. We’ve seen how the practice of law is undergoing a massive paradigm shift, mostly driven by technology, entrepreneurship, and worldwide trends such as democratization and commoditization. We’ve looked at how these forces are changing law practice and lawyers, and we’ve speculated about how all this will ultimately change the law itself.

We’ve seen that the future of law isn’t out there somewhere, waiting to descend on us, but that paradigms shift if and when we embrace them, and that the new normal of the future is ours to shape and own to the extent we choose to engage with it. We can make the future happen, or we can let it happen to us. The former is challenging but rewarding; the latter is a quick trip to curmudgeon status.

I.e., we’ve seen the future, and it is us. Which is why it’s time to talk about the culture of law. The law of the future requires the law culture of the future. Culture is the context in which the future will occur. If we understand what culture is and where it comes from, we can most effectively shape both the law and its future — again, if we choose to do so.

Why would we want to? For our own peace of mind, for one thing. Quite literally. As we’ll see, culture is a brain thing. Culture takes shape in our brains, our brains then shape our minds, our minds shape our behavior, and — voilà! — culture happens. When we’re out of sync with this process, the result is disruption and dissonance in our brains. We become cognitively impaired in a profession that requires all the cognition we can give it.

Peace of mind isn’t a luxury, it’s enlightened self-interest. Cognitive wellness thrives on it. We need it to think, learn, analyze, decide, make sound judgments. We need it to be ethically competent. Successfully engaging with change instead of avoiding and resisting it brings emotional clearing and cognitive clarity, provides a still point from which to view a world apparently spinning out of control. It’s an essential trait of “supersurvivors” — something I’ll talk about in a short series later this summer.

We’ll tend to our peace of mind if we know what’s good for us, and we  usually do.

Before we go on, we need a working definition of “culture.” We’re familiar with the notion of company or firm culture. This is from Simon D’Arcy, founder of Next Level Culture:

“Think of a culture code as the DNA of an organization, carrying within it a code that defines the character and proficiency of the entire organism. Instead of physical traits, tendencies and aptitudes, it influences how people behave with each other, shaping how they work together as well as the results they produce.”

He’s speaking of organizational culture, which we find in individual firms. Expand that idea to the collective, over-arching culture of the profession within which all those individual firms operate, and now you’re at the level of culture we’re talking about in this series.

Culture on this level isn’t just for BigBox and BigLaw, and it’s not about firm outings and casual Fridays. It’s The X Factor — the difference between creating and sustaining the future we envision vs. waking up one day to just another unfulfilling status quo.

Starting next time, we’ll look at how culture is created from the inside out.

The Future of Law (24): The Future Couldn’t Wait (Finale)

Question:  What do mindfulness and meditation, hackers, crowdfunding, a law school offering masters degrees for non-lawyers, and techno-speak all have in common?

Answer #!:  They’re all the future of law.

Answer #2:  And that future is already here.

Mindfulness and Meditation must be all the rage when The Wall Street Journal features Lawyers Go Zen, With Few Objections. Check this trend out for yourself next week at the Better Lawyering Through Mindfulness Workshop with bankruptcy lawyer Jeena Cho, who’s quoted in the WSJ article and is on a national tour promoting her book The Anxious Lawyer:  An 8-Week Guide to a Happier, Saner Law Practice Using Meditation.

Hacker Law.  Legalhackers.org proclaims, “We are explorers. We are doers. We are Legal Hackers.” Legal hacking, it says, is “a global movement of lawyers, policymakers, technologists, and academics who… spot issues and opportunities where technology can improve and inform the practice of law.” Here’s how one legal hacker pursues justice. And, in the interests of equal time, here’s a skeptic’s take on the topic.

Crowdfunding Lawsuits.  It’s not just about raising money to hire a lawyer, it’s about equal justice for all. CrowdJustice is on a mission to “make justice accessible.” “Sometimes petitions are not enough,” its website declares, “The law should be available to everyone, big and small. CrowdJustice gives you the tools to raise funds, mobilise your community and publicise your issue.” (Yes, they’re British.) LexShares is “revolutionizing access to the justice system” while giving you the chance to do well by doing good:  you can “earn a return from litigation finance” by taking a piece of the judgment/settlement.

Legal Mastery for Non-Lawyers.  This Los Angeles Times article from last month describes a new masters degree program:

“’Everyday business and regulatory transactions are becoming increasingly complex,” said Sean M. Scott, senior associate dean at Loyola Law School, Los Angeles. “That is particularly true in Los Angeles, where the areas of technology, entertainment, healthcare and policing face new legal challenges.’

“The new Master of Science in Legal Studies (MLS) is designed for those who want to improve their legal fluency in areas related to industry regulations, compliance, deal making and more without committing to three or four years of law school. ‘The goal is to provide legal literacy,’ Scott said.

“Loyola is uniquely poised to pivot its JD offerings to a new audience because of its nimble culture. Students may design their own program, pursuing a course of study such as healthcare law or fashion law with classes selected from a wide array of law school course offerings.”

Pivoting and nimbleness are key entrepreneurial concepts, and Loyola takes them to heart:  i.e., students can benefit from the kind of narrow mylaw.com focus they’ll be able to give their business clients of choice. And the best part is, they’ll learn without suffering the brain-numbing stresses of law school.

Techno-Speak:  “Our technology infrastructure … features multi-homed, fully redundant connectivity and power management controls, providing superior physical and electronic security for your data. Our scalable compute power, architected by industry technology experts, is built on high-performance, high-availability systems. Fully redundant servers, enterprise-class storage, and market-leading infrastructure monitoring and management solutions ensure the integrity, security, and responsiveness of your data.”

Um… that’s a good thing, right?

That bit of garble is from this ediscovery company’s website. Let new lawyers learn the litigation ropes by grinding through discovery? No. Call in the data pros instead. They have an office right here in Denver, as some of you know already.

Okay, we get the point:  anything we can possibly imagine about the future of law is already happening. Can we move on? Yes, of course. Our next series will take a fresh look at the culture of law.

The Future of Law (23):  The Future Couldn’t Wait III

I tried to end this series three weeks ago, but the future keeps arriving, and I keep wanting to tell you about it. I realize that just because it’s news to me doesn’t mean it’s news, and this week’s topic is a case in point:  it was analyzed in this law journal article three years ago.

“This article is dedicated to highlighting the coming age of Quantitative Legal Prediction with hopes that practicing lawyers, law students and law schools will take heed and prepare to survive (thrive) in this new ordering. Simply put, most lawyers, law schools and law students are going to have to do more to prepare for the data driven future of this industry. In other words, welcome to Law’s Information Revolution and yeah – there is going to be math on the exam.”

“Quantitative Legal Prediction” is noteworthy because it encompasses several developments we’ve been talking about:

The above all come together in Ravel Law, as described a couple weeks ago in The Lawyerist:

“We hear a lot of talk about “big data” and how it will drive law practice in the future. In theory, someday you will have every bit of relevant practice data at your fingertips and you will be able to use that to predict how a judge will rule on a case, have computers crunch through discovery, and realistically predict the cost of litigation. That someday is getting closer and closer, particularly with tools like Ravel.

“At its most advanced, Ravel also offers judge analytics, where you can see patterns about how judges rule and what ideas and people influence those judges. That type of analysis could be incredibly helpful in making decisions about settlement, deciding who should argue a case, whether to strike a judge, and how to approach your pretrial motion practice.”

The National Law Review said this about Ravel Law last winter:

“Data analytics and technology has been used in many different fields to predict successful results.

“Having conducted metrics-based research and advocacy while at the Bipartisan Policy Center, and observing how data-driven decision making was being used in areas like baseball and politics, [Ravel Law founder Daniel Lewis] was curious why the legal industry had fallen so far behind. Even though the legal field is often considered to be slow moving, there are currently over 11 million opinions in the U.S. judicial system with more than 350,000 new opinions issued per year. There is also a glut of secondary material that has appeared on the scene in the form of legal news sources, white papers, law blogs and more. Inspired by technology’s ability to harness and utilize vast amounts of information, Daniel founded Ravel Law to accommodate the dramatically growing world of legal information.

“Ravel’s team of PhDs and technical advisors from Google, LinkedIn, and Facebook, has coded advanced search algorithms to determine what is relevant, thereby enhancing legal research’s effectiveness and efficiency.

“Ravel provides insights, rather than simply lists of related materials, by using big data technologies such as machine learning, data visualization, advanced statistics and natural language processing.”

Not surprisingly, Ravel Law has worked closely with law students to develop and market itself:

“We work with schools because students are always the latest generation and have the highest expectations about how technology should work for them.” Students have given the Ravel team excellent feedback and have grown into a loyal user base over the past few years. Once these students graduate, they introduce Ravel to their firms.”

Ravel Law offers data visualization/mapping. For an article on why you should care, see this Above the Law article from a couple days ago.

The Future of Law (21):  The Future Couldn’t Wait  

I intended this series to be over with last week’s signoff. Apparently the future couldn’t wait. Several developments came to my attention this past week that were just too good to pass up. We’ll look at a couple this week, and a couple more next week. And maybe more, and maybe longer… depending on how fast the future keeps arriving.

Part 15 of this series, Law by Algorithm, said this:

“Welcome to law by algorithm:  artificial Intelligence at work, serving up the customized law you need personally and for your work and business.”

Then it made two predictions. Here’s the first:

  • Law by algorithm will enable consumers to self-diagnose legal issues and access legal “remedies” for what ails them.

Check out this article from two days ago in Above the Law, about LawGeex  which will do exactly that:

“The fact is many people could use the help of a lawyer to review everyday documents but either lack the means or simply do not want to deal with the pain of finding a lawyer.

“One Israeli lawyer, Noory Bechor, thinks software is the solution and has raised $700K to build LawGeex, an artificial intelligence to analyze your documents against the documents in their database and flag provisions that are “not market.” So now, for no cost, ordinary people can negotiate agreements with their landlord, employer or investor just as well as a trained lawyer. The service has already generated buzz with early adopters and, after having LawGeex analyze my new apartment lease, I was ready to learn more.”

I went to the LawGeex website, where I was guaranteed my results within 24 hours, for FREE. Nothing personal, but try getting that from your local law firm.

The second prediction from Part 15 was this:

  • We’ll also see online diagnostic networks geared for legal professionals only — similar to those that already exist for physicians.

Check out Foxwordy — a private social network for lawyers, as described in this article in The National Law Review,

“[Monica Zent, Foxwordy’s founder] is an experienced entrepreneur and had already been running a successful alternative law firm practice when she founded Foxwordy. Foxwordy is a private social network that is exclusively for lawyers. Monica reminded the audience that we are, remarkably, ten years into the social media experience and all attorneys should consider a well rounded social media toolkit that includes Foxwordy, Twitter, and LinkedIn.

“However, as Monica elaborated in a post-conference interview, LinkedIn, for example, “falls short of the needs of professionals like lawyers who are in a space that is regulated; where there’s privacy, [and] professional ethics standards.” As an experienced attorney and social seller, Monica understands that lawyers’ needs are different from other professionals that use the more mainstream and very public social networks, which is why she set out to create Foxwordy.

“Foxwordy is currently available to licensed attorneys, those who are licensed but not currently practicing but regularly involved in the business of law, certified paralegals, and will eventually open up to law students. Anyone who fits the above criteria can request membership by going to the homepage, and all potential members go through a vetting process to ensure that they are a member of the legal community.

“Membership includes all the core social features such as a profile page, connecting with others, the ability to ask questions and engage anonymously, exchange referrals, and exchange other information and resources.”

I went to the Foxwordy website and signed up. I got an email back thanking me for my interest and reminding me that Foxwordy is by invitation only, that they’re looking for the best and brightest, and that they’ll let me know if my invite has been accepted.

Apparently membership does have its privileges.