From DSC:
I received an email the other day re: a TytoCare Exam Kit. It said (with some emphasis added by me):

With a TytoCare Exam Kit connected to Spectrum Health’s 24/7 Virtual Urgent Care, you and your family can have peace of mind and a quick, accurate diagnosis and treatment plan whenever you need it without having to leave your home.

Your TytoCare Exam Kit will allow your provider to listen to your lungs, look inside your ears or throat, check your temperature, and more during a virtual visit.

Why TytoCare?

    • Convenience – With a TytoCare Exam Kit and our 24/7/365 On-Demand Virtual Urgent Care there is no drive, no waiting room, no waiting for an appointment.
    • Peace of Mind – Stop debating about whether symptoms are serious enough to do something about them.
    • Savings – Without the cost of gas or taking off work, you get the reliable exams and diagnosis you need. With a Virtual Urgent Care visit you’ll never pay more than $50. That’s cheaper than an in-person urgent care visit, but the same level of care.

From DSC:
It made me reflect on what #telehealth has morphed into these days. Then it made me wonder (again), what #telelegal might become in the next few years…? Hmmm. I hope the legal field can learn from the healthcare industry. It could likely bring more access to justice (#A2J), increased productivity (for several of the parties involved), as well as convenience, peace of mind, and cost savings.


 

 

The Justice Gap: The Unmet Civil Legal Needs of Low-income Americans — from the Legal Services Corporation

Legal Services Corporation’s 2022 Justice Gap Report provides a comprehensive look at the differences between the civil legal needs of low-income Americans and the resources available to meet those needs. LSC’s study found that low-income Americans do not get the help they need for 92% of their civil legal problems, even though 74% of low-income households face at least one civil legal issue in a single year.

The consequences that result from a lack of appropriate counsel can be life-altering – low-income Americans facing civil legal problems can lose their homes, children and healthcare, among other things. Help can be hard to access, so LSC is working to bridge this “justice gap” by providing pro bono civil legal aid for those in need. Find out more about LSC’s work to ensure equal justice for all by tuning in to the rest of the Justice Gap video series.

For more information on the Justice Gap, visit https://justicegap.lsc.gov/.

Also relevant/see:

.

Legal Services Corporation’s 2022 Justice Gap Report provides a comprehensive look at the differences between the civil legal needs of low-income Americans and the resources available to meet those needs.

 

2022 Winners of the LegalTech Breakthrough Awards — from legaltechbreakthrough.com

Categories include:

  • Case Management
  • Client Relations
  • Data & Analytics
  • Documentation
  • Legal Education
  • Practice Management
  • Legal Entity Management
  • Legal Research
  • Online Dispute Resolution
  • Contract Management
  • eDiscovery
  • Marketplaces
  • RegTech
  • Leadership

Also see:

With the cost of international air travel rising sharply, remote hearings are a practical alternative to in-person proceedings. International travel is expensive, and the virtual option means that it is no longer necessary to count travel as a “cost of doing business” when pursuing an international dispute. The widespread use of technology in global dispute resolution proceedings gives attorneys and their clients the option to participate remotely, which is a compelling cost saver for all parties. 

  • Most debt lawsuits get decided without a fight. Michigan leaders want to change the rules. — from mlive.com by Matthew Miller
    Excerpt:
    Most of the 1.9 million debt collection cases filed in Michigan’s district courts over the past decade or so never went to trial. Usually, the defendants don’t show up to court, and debt collectors win by default, according to data compiled by the Michigan Justice for All Commission. In most cases, the courts end up garnishing defendants’ wages, income tax returns or other assets, sometimes on the basis of complaints that include little more than the name of the creditor, an account number and the balance due.

And both debt lawsuits and garnishment are more common for people living in primarily Black neighborhoods, regardless of their income.

Members of the Commission say Michigan’s rules around debt collection lawsuits don’t do enough to protect regular people, who sometimes don’t find out they’ve been sued until they see money coming out of their paychecks.

They say those rules need to change.

An early participant in the Law Society of BC’s Innovation Sandbox, the Clinic offers the in-person and virtual help of 25 articling students located in 15 different BC communities —from Tofino to Cranbrook— with the support of 15 supervising lawyers, four staff and dozens of local mentors. Together, they provide fixed-fee services in a wide range of areas covering everyday legal problems.

 

Yale and Harvard’s Law Schools Are Ditching the ‘U.S. News’ Rankings. Will Others Follow? — from chronicle.com by Francie Diep

Excerpt:

Yale Law School — long ranked No. 1 by U.S. News & World Report — is quitting the magazine’s rankings, it announced Wednesday. Hours after that announcement, which was first reported by The Wall Street Journal, Harvard Law School said it would do the same.

“U.S. News stands in the way of progress for legal education and the profession,” said Heather Gerken, Yale Law School’s dean. “It’s made it harder for law schools to admit and support low-income students, and it’s undermining efforts to launch a generation to serve. Now is the time to take a step.”

Also related/see:

Some other legal-related items include:

IAALS Releases New Allied Legal Professionals Landscape Report and Resource Center in an Effort to Increase Legal Options for the Public — iaals.du.edu

Excerpt:

IAALS, the Institute for the Advancement of the American Legal System at the University of Denver, announced today that it released its new Allied Legal Professionals landscape report, along with an accompanying online Knowledge Center. With generous support from the Sturm Family Foundation, this project seeks to help standardize a new tier of legal professionals nationally, with the goal of increasing the options for accessible and affordable legal help for the public.

“Today, the majority of Americans are faced with a very serious access to justice problem—not only low-income populations, as many people believe. And the pandemic has only made matters worse in recent years,” says Jim Sandman, chair of IAALS’ board of advisors and President Emeritus of the Legal Services Corporation. “For example, studies show that around 40–60% of the middle class have legal needs that remain unmet. Simply put: people want legal help, and they are not getting the help they need.”

Legal Innovators: An Ecosystem of Change Agents! — from artificiallawyer.com

The expanding role of technology in the law firm business model (338) — from legalevolution.org by Kenneth Jones
Legal technology is slowly becoming core to the legal business. It’s time to commit to a cross-functional team approach.

Excerpt:

The premise of this post is that individual capabilities and excellence (either legal or technical) standing alone are not enough to ensure long-term, sustainable success.  No superstar technologist or lawyer is equipped to do it all, as there are too many specialties and functional roles which need to be filled.  Rather, a better approach is to construct team-based, cross-functional units that offer greater operational efficiency while building in layers of redundancy that reduce the potential for surprises, errors, or disruption.  Cf Post 323 (Patrick McKenna’s “rules of engagement” for high-performing legal teams).

 

From DSC:
I virtually attended the Law 2030 Conference (Nov 3-4, 2022). Jennifer Leonard and staff from the University of Pennsylvania’s Carey Law School put together a super conference! It highlighted the need for change within the legal industry. A major shout out to Jennifer Leonard, Theodore Ruger (Law School Dean), and others!

I really appreciate Jen’s vision here, because she recognizes that the legal industry needs to involve more disciplines, more specialists, and others who don’t have a JD Degree and/or who haven’t passed the Bar. On Day 1 of the conference (in the afternoon), Jen enlisted the help of several others to use Design Thinking to start to get at possible solutions to our entrenched issues.

America, our legal system is being tightly controlled and protected — by lawyers. They are out to protect their turf — no matter the ramifications/consequences of doing so. This is a bad move on many lawyers part. It’s a bad move on many Bar Associations part. Lawyers already have some major PR work to do — but when America finds out what they’ve been doing, their PR problems are going to be that much larger. I’d recommend that they change their ways and really start innovating to address the major access to justice issues that we have in the United States.

One of the highlights for me was listening to the powerful, well-thought-out presentation from Michigan’s Chief Justice Bridget McCormack — it was one of the best I’ve ever heard at a conference! She mentioned the various stakeholders that need to come to the table — which includes law schools/legal education. I also appreciated Jordan Furlong’s efforts to deliver a 15-minute presentation (virtual), which it sounded like he worked on most of the night when he found out he couldn’t be there in person! He nicely outlined the experimentation that’s going on in Canada.

Here’s the recording from Day 1:

 


Jeff Selingo’s comments this week reminded me that those of us who have worked in higher education for much of our careers also have a lot of work to do as well.


 

Addendum on 11/8/22:

 


 

The Technology That Is Revolutionising How Business Gets Done — from artificiallawyer.com

Excerpt:

We are on the cusp of a revolution. Contract negotiation, with all the associated document redlines and email threads, is about to get a whole lot quicker. Today, artificial intelligence has the potential to save lawyers hours of intense editing – but only if they embrace the sector-wide behaviour change this could ignite.

Technology has reached the point that much of the initial legwork of perusing a contract can be done by a piece of software. Precision AI can scan a document and create a list of issues based on how a lawyer typically contracts. It is then up to the lawyer to accept or disregard those issues, but the point is that the initial editing time is greatly reduced.

 

From DSC:
Many of the items below are from Laurence Colletti’s posting, Clio Cloud Conference – The Big Return


Clio Cloud 2022: Innovation in the Courts with Judge Schlegel — from legaltalknetwork.com by Laurence Colletti and Judge Scott Schlegel

Episode notes:

The pandemic was a driver for change in justice systems around the globe, but one court’s innovative and inexpensive approach is worth a closer look. Judge Scott Schlegel manages what may be one of the most advanced courts in the United States for delivering justice online. Tune in for his tips on how any jurisdiction in the country can modernize its justice system for under a thousand dollars. Go to https://www.onlinejudge.us/ for all of Judge Schlegel’s recommendations.

Clio Cloud 2022: The Benefits of a Legal Blog — from legaltalknetwork.com by Laurence Colletti and Teresa Matich, Kevin O’Keefe, and Iffy Ibekwe
Legal blog posts are great tools for building relationships with potential clients because they build trust, credibility, and allow you to create a personal connection with your clients.

LawNext Podcast: What Is Justice Tech? A Conversation with Maya Markovich — from lawnext.com by

Excerpt:

An increasing number of startups are defining themselves not as legal tech, but as justice tech. So what, exactly, is justice tech, who are some of the companies that represent it, and what is the business opportunity they present for potential investors? Our guest this week is Maya Markovich, executive director of the Justice Technology Association, an organization formed earlier this year to support companies in the justice tech sector.

Clio Cloud 2022: Insights from Clio’s 2022 Legal Trends Report — from legaltalknetwork.com by Laurence Colletti, Joshua Lenon, and Rio Peterson
Amid Inflation, Rising Interest Rates, and Volatile Employment Markets, Clio takes a look at How Global Trends have Impacted Business and Productivity among law firms.

Clio Cloud 2022: What Lies Ahead for Legal with Jack Newton — from legaltalknetwork.com by Laurence Colletti and Jack Newton

Episode notes:

The world of lawyering has surged in spite of the pandemic, but new adversity looms. Fears over inflation, war, hiring markets, and a recession have left many attorneys wondering how to prepare for the coming months. Jack Newton discusses the concept of anti-fragility and its place as a mental model for law firms as they face an uncertain future. Jack outlines how deliberate preparation can help your law firm thrive in the midst of opposition.

Jack Newton is CEO and co-founder of Clio.

Clio Cloud 2022: How Content Creation Can Grow Your Law Firm — from legaltalknetwork.com by Laurence Colletti

 


Also related, see:

Virtual Courts Are Not Going Away — from news.bloomberglaw.com by Jon David Kelley
As the pandemic winds down, courts are shifting to a hybrid approach that incorporates remote with live proceedings. Jon David Kelley of Kirkland says virtual courts can expand access to justice, but care should be taken to maintain credible representation.


 

 

The Future of Virtual Legal Proceedings Just Became More Certain with the Launch of Calloquy — from businesswire.com by Calloquy
Hundreds gathered in Atlanta to celebrate and hear from leading legal innovation voices about The Next Era of Litigation

Excerpts:

The event celebrated the launch of Calloquy’s new virtual legal proceeding platform, which offers distinct usability benefits on a foundation of world-class security and industry-specific videoconferencing technology, including:

  • The platform’s intuitive design delivers a virtual experience that is akin to conventional legal proceedings, with clearly marked titles for all participants and traditional seating arrangements. The participants in a remote deposition, for example, are organized with plaintiffs on one side and defendants on the other.
  • Robust collaboration tools, combined with role-based security, ensure that only the right people have access to only the right information—and only at the right time. Documents or comments cannot accidentally be passed to an adversary.
  • The platform’s integrated case management tools streamline the complex litigation process by enabling meetings and proceedings to be scheduled, exhibits to be managed and transcripts to be created and archived all in one place.

“My goal in starting Calloquy is to help drive ‘the next era of litigation’, which means improving the way all people experience the legal system, from the most high-profile commercial litigator to the most underserved defendant and the lawyer who works pro bono on their behalf.”

 

Utah’s reforms offer model for serving low-income and indigent people, report suggests — from abajournal.com by Matt Reynolds

Excerpt:

The Utah model of reform allowing nonlawyers to offer legal services could be “critical” to serving people who can’t afford them, according to a Stanford Law School study published Tuesday.

The 59-page report by the school’s Deborah L. Rhode Center on the Legal Profession offers an early look at how regulatory changes in Arizona and Utah have impacted the delivery of legal services. It also examined who is being served by innovations in those states.

 

Also relevant, see this upcoming webinar:

Upcoming webinar -- licensing legal paraprofessionals

Two neighboring states — Oregon and California — have recently come to different conclusions on whether to license paralegals to provide some legal services.

In July, the Oregon Supreme Court, with the support of the Oregon State Bar’s Board of Governors, approved a proposal to allow licensed paralegals to provide limited legal services in family law and landlord/tenant cases — two areas of law with large numbers of self-represented litigants. In August, the California legislature, after opposition from some lawyers’ groups, prohibited the State Bar of California from implementing, or even proposing, any loosening of existing restrictions on the unauthorized practice of law before 2025, effectively killing a proposal to permit licensing of paraprofessionals to provide limited legal services.

This webinar will explore how and why Oregon and California reached conflicting results and identify lessons learned from both experiences.

Register >>


Also relevant/see:

IAALS Panel Explores Alternative Paths to Legal Licensure — from iaals.du.edu

Redesigning Legal: Redesigning How We License New Lawyers from IAALS on Vimeo.


Also see the following items from Natalie Anne Knowlton (@natalalleycat) on Twitter

 

 
 

The Artificial Lawyer Guide to Legal Tech – Autumn 2022 — from artificiallawyer.com

Excerpt:

It’s been a wild ride the last couple of years, but what should we be looking out for as we move into the Autumn of 2022? Here are some thoughts from Artificial Lawyer.

 

Bridget McCormick, Michigan Chief Justice Who Has Championed Access-to-Justice Initiatives, Named President of AAA — from legaltechmonitor.com by Bob Ambrogi

Excerpt:

Bridget M. McCormack, who, as chief justice of the Michigan Supreme Court, has been a leading voice on modernizing the court and justice systems to expand access to justice, is retiring from the court at the end of this year and in February will become president and chief executive officer of the American Arbitration Association-International Centre for Dispute Resolution (AAA-ICDR).

In recent years, McCormack has become a leading champion of initiatives to enhance access to justice, both within Michigan and nationally.

 

ABA cleans up accreditation rules surrounding distance education for law schools — from highereddive.com by Lilah Burke

Dive Brief (emphasis DSC):

  • Recent amendments to American Bar Association accreditation standards addressed definitions of distance education, but Leo Martinez, immediate past chair of the ABA Council for the Section of Legal Education and Admissions to the Bar, says the resolution won’t change much for law schools without waivers allowing them to conduct extra distance education.
  • The changes, made at the ABA’s annual meeting in August, were meant to clarify language in accreditation standards.
  • The ABA, which serves as the accreditor for 199 law schools and programs, requires waivers for institutions that want to offer more than one-third of J.D. program credits online. But it remains interested in reviewing distance education.

From DSC:
For an industry in the 21st century whose main accreditation/governance body for law schools still won’t let more online learning occur without waivers…

…how can our nation expect future lawyers and law firms to be effective in an increasingly tech-enabled world?

Here’s the pace of change in the world today:

The exponential pace of change is like warp speed for the U.S.S. Enterprise (Star Trek) or the hyperdrive on the Millennium Falcon (Star Wars).

Yet here’s the pace that the American Bar Association (@ABAesq) has been taking — and continues to take — at least in the area of supporting online-based learning as well as in developing sandboxes/new methods of improving access to justice (#A2J):

.

It’s high time the ABA did their research re: online-based learning and majorly picked up their pace. Undergraduate online-based education started back in the late 1990’s for crying out loud! (And the number of students taking one or more of their courses completely online has been increasing ever since that time.)

Plus, many law school students are adults who have jobs as well as families. They often don’t have the time nor the money to travel to campuses in order to take part in something that they could have easily accomplished online.

It’s also appropriate to recognize here that the current learning ecosystems out there continue to move more towards hybrid/blended learning models as well as a hyflex model. 

The ABA is not serving law school students nor our citizenry well at all in this regard.

 

The Finalists of the American Legal Technology Awards Are…! — from artificiallawyer.com

Excerpt:

After receiving 225 submissions across eight categories, the American Legal Technology Awards have today announced the lucky finalists. They include a wide range of companies and individuals, ranging from judges, to law firms, to startups and larger legal tech businesses. So, without further ado, here are the finalists in the table below, with three finalists in each category.

Looking For Trouble And Finding It: The ABA Resolution To Condemn Non-Lawyer Ownership — from professionalresponsibility.fkks.com by Ron Minkoff

Excerpt:

At the ABA Annual Meeting last week, the Illinois State Bar Association (“ISBA”), the New York State Bar Association (“NYSBA”), and several ABA entities sponsored Local Resolution 402 (hereafter, the “ISBA Resolution”) in an effort to stop the entire ABA – if not the entire American legal profession – from permitting non-lawyer ownership of law firms, in any form.  The ISBA Resolution read as follows:

Teaching (and Pressuring) Law Professors to Teach Technology – Katie Brown (TGIR Ep. 171) — from legaltechmonitor.com by

Excerpt (emphasis DSC):

In her view, law professors “are required to educate people so that they can go out into the practice and successfully do that. And so beyond just, rule 1.1 with legal technology and having that competency, for us as law schools, I think we have an ethical obligation to be teaching legal technology.” This approach needs to be embedded into the Law School’s culture, because it costs money, time, and effort to do correctly.

From DSC:
Agree. I completely agree.

Understanding The Justice Gap — from medium.com by Kevin Golembiewski

Excerpt:

The law is a language. Pleading, cause of action, discovery, hearsay, res judicata, statute of limitations, civil procedure. To understand and protect your legal rights, you must learn this language and the complex rules that govern it. Or you must find an interpreter — that is, a lawyer. No different than if you were in a foreign country without an interpreter, if you have a legal problem but no lawyer, you cannot advocate for yourself.

That is the reality for millions of low-income Americans, according to a recent study by the Legal Services Corporation (LSC). About 50 million Americans have household incomes below 125% of the poverty threshold, and 92% of them do not have any, or enough, legal help for their civil legal issues — issues that range from eviction to domestic violence to disability benefits. Those Americans are stranded in the land of the law without an interpreter.

Litera releases The Changing Lawyer Report 2022 at ILTACON — from legalitprofessionals.com

Key takeaways

The five trends to watch, with some representative data points from the report include:

  1. Allied professionals (process managers, technologists, data analysts, etc.) play a more significant role in supporting law firms and lawyers and enhancing legal service delivery. 83% of lawyers believe that allied professionals make their job easier.
  2. Automation is everywhere, as law firms turn to AI and other technologies to enhance the speed and accuracy of legal processes across all practice areas. 91% of lawyers expect AI-based document review to become a standard part of most M&A due diligence processes.
  3. Technology and data improve client service delivery by providing real-time insights about law firm performance, pricing and budgeting, and work allocation. 78% of lawyers agree that technology helps them offer a better client experience.
  4. Cloud-based solutions are taking over, driven partly by the obvious need for remote and blended workplace access to law firm applications that arose during the pandemic. Leading types of cloud applications that have been moved to the cloud include financial and practice management (64% of firms), document management (53%), portals and intranets (35%), and business intelligence platforms (31%).
  5. Changing work expectations are a significant driver of technology adoption when lawyer recruitment and retention are challenges for law firms. A new generation of lawyers sees technology as a path to better work/life balance. 53% of lawyers ‘strongly agree’ or ‘agree’ with the statement technology makes my job more enjoyable.
 

Increasing Access to Justice — from law.upenn.edu

Excerpt:

By his second year of law school, Willis had created the idea for the Fellowship and, with the support of several key partners, was able to launch the program and begin to pursue the mission of connecting people dedicated to using innovative ideas to expand access to the justice system.

To ensure that the program remained truly inclusive and diverse, Willis has prioritized building relationships with law student affinity groups at different schools across the country. Having personally served on the board for the National Black Law Students Association, Willis knows the value of those personal connections and prioritizes promoting equity within the access to justice technology space.

“The goal really is to try to build community around this group of innovators who will address these structural issues within our legal system to really improve services for the most vulnerable populations and communities,” Willis said. “There’s always more work to be done, but I’m really proud of the changemakers who have come through the program and who are really making a name for themselves and working on important impact work.”

Also relevant/see:

As States Toy With Reform, Legal Tech Cos. Fill Justice Gap — from law360.com by Sarah Martinson; with thanks to Penn Law Future of the Profession Initiative

Excerpt:

More than 100 legal technology companies have formed in the last 10 years to provide legal assistance to millions of Americans who can’t afford an attorney, helping to bridge a gap in access to justice, while less than a handful of states have taken action to expand the practice of law.

According to the Legal Services Corporation’s 2022 Justice Gap Study, low-income Americans do not get adequate legal help for 92% of their substantial civil legal problems and the cost of legal assistance is a barrier.

 
© 2022 | Daniel Christian