Acts of meaning: How AI-based interviewing will transform career preparation in higher education — from er.educause.edu by Alan Jones, Suzan Harkness and Nathan Mondragon

Excerpt:

Machines parrot and correlate information. They do not comprehend or synthesize information the way humans do. Factors such as accents in pronunciation, word ambiguity (especially if a word has multiple meanings), deeply coded biases, limited association data sets, narrow and limited network layers used in job screening, and static translations will continue to provide valid ground for caution in placing too much weight or attributing too much confidence in AI in its present form. Nonetheless, AI has crept into job candidate screening, the medical field, business analytics, higher education, and social media. What is currently essential is establishing an understanding of how best to harness and shape the use of AI to ensure it is equitable, valid, and reliable and to understand the shifting paradigm that professional career counselors play on campus as AI becomes more ubiquitous.

There appear to be three points worth considering: the AI interview in general, the predominance of word choice, and expressiveness as read by facial coding.

From DSC:
Until there is a lot more diversity within the fields of computer science and data science, I’m not as hopeful that biases can be rooted out. My niece, who worked for Microsoft for many years, finally left the company. She was tired of fighting the culture there. The large tech companies will need to do a lot better if AI is going to make FAIR and JUST inroads.

Plus, consider how many biases there are!

 

‘Unauthorized Practice Of Law’ Rules Promote Racial Injustice — from law.com by Rohan Pavuluri with thanks to Daniel Rodriguez for his Tweet on this

Excerpts:

A less discussed, yet still pernicious, set of policies that must change are the rules lawyers use to regulate their own profession.

Known as unauthorized practice of law, or UPL, rules, every state in America has policies that grant lawyers a monopoly on providing legal advice, prohibiting professionals who are not lawyers from providing meaningful legal assistance. These policies promote racial inequity and guarantee that black Americans don’t have equal opportunities and equal rights under the law.

“It should come as no surprise that only 5% of lawyers are black.[3]”

To reform UPL doesn’t mean choosing between regulation and no regulation of the legal industry. It’s a choice between maintaining a status quo where black people are disproportionately excluded from both providing and receiving assistance and a system where we re-regulate the legal industry to make it more inclusive, increasing the supply of vetted, qualified helpers available.

Also see:

 

 

Good cop/Bad cop — from LinkedIn.com by Razel Jones, a former colleague at Calvin College (now Calvin University). Razel was a great man and I’m very glad that I got the chance to work with him.

Excerpt:

I usually am very solution-focused and full of ideas for how we can try to make things better… but, these last few days, I’m empty. More than the last few days…I’m threatened. I’m hunted. I’m labeled. I’m vulnerable. I’m unsafe. I’m unprotected. I’m disrespected. I’m undervalued. I’m dehumanized. But, most of all… I’m tired.

 

2020 Wolters Kluwer Future Ready Lawyer: Performance Drivers and Change in the Legal Sector — from globenewswire.com

Excerpt:

Top Trends and Readiness
Lawyers predicted pressure from a series of trends expected to impact their organizations over the next three years and technology topped the list. The top trends expected to have the most impact are:

  • Increasing Importance of Legal Technology – 76%
  • Meeting Changing Client / Leadership Expectations – 74%
  • Emphasis on Improved Efficiency / Productivity – 73%
  • Ability to Acquire and Retain Talent – 73%
  • Coping with Increased Volume and Complexity of Information – 72%
 

litera tv dot com -- Daniel Linna and Bob Ambrogi's conversation on June 3, 2020

WEDNESDAY | 6.3 | Law Insights with Bob Ambrogi and Daniel Linna, Director of Law and Technology Initiatives, Northwestern University Pritzker School of Law

Notes (emphasis DSC):

  • Trying to build community, collaborate, work together
  • How do you manage a team remotely? How build community online?
  • Spontaneous interactions still needed
  • In what ways does the online ecosystem ADD to what we are doing?
  • Jury trial – online; equalizer for those involved in trial; “all in same space on the screen”
  • Start with some basic/smaller things – landlord/tenant
  • Racism going on heavily this week – a second pandemic
  • Developing a quality movement in law (Linna)
  • We need quality metrics and we need to measure the value being provided. What makes something effective, high-quality, and valuable? Now apply that thinking to the delivery of legal services.
  • Project mgmt / quality movement – less defects, etc. in 1980’s / lean thinking / 6 sigma in GE / but haven’t seen this in the area of law
  • Empiricism in law – 100 years ago medicine and law were in the same spot; since then medicine started more testing, empirical work, data-driven practices; but law didn’t
  • Daniel Linna’s blog – https://www.legaltechlever.com/
  • Can we come up with metrics?
  • Dan worked with a lawyer-assisted program in Lansing, MI – what happened? What was duration of cases? Data-driven thinking; measure; make it more of a science
  • Bob asked isn’t law less scientific and perhaps more art than a science?
  • What kinds of metrics are we talking about in litigation?
  • Contracts – can we figure out what adds value and what makes a contract “better?” (Insert from DSC: Better for whom though?)
  • What actually matters to the client? Clauses that lawyers think that are important, businesspeople don’t think are important. Risk mitigation is not all the client thinks about.
  • Incomprehensible contracts – too hard to understand
  • Natural language generation – what inputs do we need? We don’t want many contracts to be the dataset that an algorithm gets trained on.
  • (Insert from DSC: Daniel relayed some information that reminded me of Clayton Christensen’s disruptive thinking: 80% of impoverished folks get NOTHING. Totally disconnected. Perhaps we don’t need perfection, but even something is much better than nothing. For example, provide an online legal aid booklet to those who are trying to represent themselves.)
  • Go for low-hanging fruit for more empirical
  • Ambrogi: How does the work you are doing impact access to justice (#A2J)? How could quality movement impact police procedures? Is there applicability in terms of what you are writing about?
  • Human-Centered Design – uncovering biases. Why would people TRUST the criminal system if they can’t trust the CIVIL system? Perhaps if landlords thought differently. Disconnected.
  • Innovate, improve, project management;
  • Way decisions are made vary greatly; need more open data from our courts; lack of transparency from courts.
  • Leadership – commitment to resolve issues. Lacking vision. What do we want our legal systems to look like/act like?

Call to action:

  • Have or develop a quality mindset
  • Leadership needs to paint a vision for what the future looks like
  • Training around legal operations
  • How to measure quality and value – be more data-driven

We need disruption AND continuous improvement – not one or the other.
–Daniel Linna

 

ABA President Judy Perry Martinez on the ABA and the Profession in a Pandemic [Ambrogi]

ABA President Judy Perry Martinez on the ABA and the Profession in a Pandemic — from lawsitesblog.com by Robert Ambrogi

Excerpt:

We talked about how she and the ABA have responded to the pandemic, including with her appointment of the Task Force on Legal Needs Arising Out of the 2020 Pandemic and, just last week, the Coordinating Group on Practice Forward. We also discussed her thoughts on the pandemic’s impacts on the profession, the justice system, and access to justice.

 

From DSC:
When reading the article below…Wayne Gretzky’s quote comes to mind here:

The legal industry needs to skate to where the puck is going to be.

ANALYSIS: The New Normal—Law Firms May Never Be the Same — from news.bloomberglaw.comby Sara Lord

Excerpt:

In our recent 2020 Legal Operations Survey, Bloomberg Law asked organizations including law firms, corporations, non-profit organizations, and academic institutions, a number of questions relating to their use of data and metrics. Included in our survey were questions relating to whether law firms measure the value of legal operations and legal technology. Responses indicated that two-thirds of law firms measure legal operations value and nearly one-quarter of law firms using legal technologies measure the value of that legal technology.

Firms think clients expect increased use of legal tech for efficiency

 

Law 2030 podcast with Jennifer Leonard, Jordan Furlong, and Cat Moon -- April 2020

 


 

Jennifer Leonard, Jordan Long, and Cat Moon
Part I — 4/10/20

Law 2030 Podcast: The future of legal services -- Part 1 of 2 -- Leonard, Furlong, & Long

This episode is the first of two episodes that discuss the future of the profession in the wake of the COVID19 crisis. Guests Jordan Furlong and Cat Moon discuss:

  • How COVID 19 exposes the access to justice crisis the profession has created
  • Why the crisis offers the opportunity to leverage technology in new ways
  • Why the structures and systems that have defined the profession have been so durable
  • Whether lawyers view the crisis as a blip or a transformation
  • How leaders can pivot toward innovation

From DSC:
At several points in the conversation, when Cat and Jordan were both referring to the importance of experimentation within the legal realm, I was reminded of this graphic that I did back in 2013:

I was reminded of it as well because Jennifer Leonard rightly (in my perspective), brought in higher education into the discussion at several points. There are some similarities — especially concerning power and privilege. Well, it’s now true in the legal realm as well (and probably has been true for a while…I’m just behind).

Experimentation. Experimentation. Experimentation. <– so key in the legal realm right now!

 

Other notes I took:

  • Triage: Need to deal with essentials to keep afloat. Yourself, staff, clients, cash flow. Put out the fire.
  • Reconstruction: In parallel, create “field hospitals.” Recession is going to have massive impacts on old systems. Need new systems. Start building institutions that work. Build as many of these as you can. Experiments.  House isn’t going to be inhabitable after the fire. Need a new shelter — maybe start w/ a tent, then a cabin, then a house. Build on something small.  Start building what’s going to replace the old systems.
  • Power and privilege imbalance is why people haven’t been able to change things.  “I can make you do something for me. You come here so I can dispense justice to you.” But not just judges…throughout the system.
  • Public legal awareness and legal education. In high schools, universities, colleges, churches, mosques, synagogues, etc.
  • Higher ed and legal services? Anything we can learn from each other?
  • Systems created by people who rule the systems. Power imbalance exists in higher ed, but hubris is completely indefensible within the legal realm. Need much better access to legal information and legal understanding.
  • OS on the Mac. Don’t have another OS for legal system to move to. We need to redesign our legal OS to serve more people.
  • Law is society’s OS.  Law is DOS-based…need Windows or Mac type of leap.
  • Self protectionism. Hubris. Power imbalance. Power hungry.
  • Yet many who enter legal profession come in wanting to make the world a better place. Why the move away from these ideals? Need more focus on developing professional identity. Structure, framework for how to be a lawyer. Students become more cynical as time goes by. Also, there’s “ladder pulling.” Pay your dues. Get hazed. I had to do it…now you have to do it. Bar Exam good example of this. Confirmation bias. It’s the way we’ve always done it.

Today, the following things ARE happening — so it CAN be done!  The people in charge just didn’ want to do these things.

  • lawyers working from home
  • e-filing of documents to courts
  • video hearings in court
  • faster, cheaper, more convenient

 


Jennifer Leonard, Jordan Long, and Cat Moon
Part II – 4/14/20

Law 2030 Podcast: The future of legal services -- Part 2 of 2 -- Leonard, Furlong, & Long

On this second part of a two-part series, Professor Cat Moon and Jordan Furlong discuss COVID 19’s impact on legal education and law firms. The conversation explores:

  • The “knock out effect” the crisis has on the various parts of the lawyer formation system
  • Who might take ownership of coordinating the new landscape of lawyer accreditation
  • The opportunities lifelong learning creates for law schools to be involved in the ongoing development of legal professionals
  • How human-centered design and project-based learning offer ways to integrate the three sides of the Delta model of lawyer competency
  • How small and solo law firms might be impacted by the crisis

Notes I took:

  • The knock-out effect.
  • How can we coordinate amongst the players in the system? Will be hard, because of the existing fiefdoms. Power and authority move back up the chain to those who did the delegating in the first place. If the power has been delegated to you, you are at a disadvantage. Jordan sees an assertion of authority from a central entity — legislatures most likely; possibly courts.
  • This moment offers us an opportunity to experiment and to redesign our systems. Can find new ways to fulfill missions.
  • Have no choice but to embrace the ambiguity of the moment.
  • Triage, then try to build something better than what we had before.
  • We have to build something different. “And look, the sky’s not falling!” Think big. Act boldly in these experiments. Expand what we think is possible.
  • The repercussions of the Coronavirus will be with us for much longer than many think it will
  • Legal principles/concepts/rules. Areas of practice. Professional formation (ethics, integrity, operational aspects, & more). Know the law, but also WHY we have the law and lawyers.
  • Can learn “black letter law” asynchronously and via videoconferencing.
  • Need to expand curriculum: Project/time management, customer service, financial and tech literacy
  • Delta Model — a framework for developing lawyer competencies; starts in law schools; what are the skills and competencies; the foundation is the practice of law; research, issue spotting, PM, data analysis, understanding business; understanding people; wholistic approach. A lifelong journey of growth. 
  • Law schools — 3 years, then done. Not a productive way to do things. We need to keep people on top of their game throughout a career. Is legal education a place or a system/process that you enter and re-enter again and again throughout one’s career? Wouldn’t it be great if I could access ___ modules along the way?
  • How are we going to create/design highly engaging online-based learning experiences? #1 on Cat’s priority list now. Got moved up the priority list.
  • There are pros and cons for both F2F and online-based learning. Humanizing impact when your professors are teaching from their homes.
  • Reframing legal education just as we are reframing courts as a service, not a place.
  • Blended approach can be very effective/powerful.
  • Need to collect data on what’s working and what’s not working.
  • Fundamental business model of corporate side is likely at the end of its course; law firms will need a new model for generating profit. For smaller firms, prospects are more dire as their clients are going through major negative changes. Potential unsustainability of many practices.
  • How can we provide different models that expand access to justice? That help develop happier and healthier lawyers?
  • Per legalproblemsolving.org, human-centered design is:
    • …a fluid framework for discovering problems, ideating solutions, and iterating to continuously improve solutions. HCD provides a methodology for considering both legal service delivery challenges, as well as clients’ legal problems. The HCD method also serves as a tool individual law students can use to craft a rewarding, successful legal career.

 

 

LawNext Episode 71: Legal Futurist Richard Susskind on Coronavirus, Courts and the Legal Profession — from .lawsitesblog.com by Robert Ambrogi

Excerpt:

Ever since the publication of his seminal 1996 book, The Future of LawRichard Susskind has remained the world’s most-recognized and most-respected speaker and author on the future of legal services. But even he could not have foreseen the sudden relevance of his latest book, Online Courts and the Future of Justice.

On this episode of LawNext, Susskind joins host Bob Ambrogi for a conversation about the legal profession and the judicial system in a time of global pandemic. Will the pandemic fast-forward law’s leap into the future? Will there be fundamental change in legal services delivery? Will courts move online more quickly than even he had thought? Susskind shares his thoughts on these questions and more.

Also see:

remotecourts dot org worldwide

 

CodeX FutureLaw 2020 -- a conference in March 2020 that provided an in-depth exploration of the ways that technology is transforming the law

Welcome to FutureLaw 2020, hosted by CodeX – The Stanford Center for Legal Informatics. Typically held live on the Stanford campus, the FutureLaw conference focuses on the way technology is transforming the law, and redefining the methods in which individuals interact with legal systems and institutions.

Due to the current health emergency, CodeX FutureLaw 2020 has been turned into an online event to provide an opportunity for our legal tech community to connect and learn about legal tech innovations from around the world. On this webpage, you can access podcasts and videos featuring the academics, entrepreneurs, lawyers, investors, policymakers, and engineers spearheading the tech-driven transformation of our legal systems.

 

Pandemic II: Justice system down — from law21.ca by Jordan Furlong

Excerpt:

We need to recognize a couple of things about our justice system, in order to fully appreciate the fate that awaits it in the COVID-19 era and the tasks that now lie in front of us.

The first is that the system has nowhere near the capacity or resilience required to handle an emergency of this magnitude. Like our hospitals, which are about to be overrun with virus patients, our courts are perpetually underfundedtechnologically handicapped, and already overloaded.

Case backlogs are common, hearings are routinely adjourned, and even straightforward cases stretch out over months and years. There is an entire body of constitutional law that addresses how long you can delay a person’s trial before their rights are violated, and it should tell us something that we don’t even find that remarkable anymore.

What this crisis has revealed is the central operating assumption of our justice institutions, which has now become our stumbling block: Everybody comes to the courthouse.

Richard Susskind has made many insightful observations over the course of his career, but I suspect one will outlast all the others: “We have to decide if court is a place or a service.” For hundreds of years — right up until last month, in fact — court has been a place. By the time this pandemic has truly run its course, court will be a service.

 

Trial by video conference? Not yet, but coronavirus forces Bay Area courts to embrace more virtual proceedings — from sfchronicle.com by Bob Egelko

Trial by court? Almost there.

Also see:

8 technologies you should be using in your depositions and trials in 2020 — from jdsupra.com
From virtual proceedings and paperless depositions to real-time technologies and mobile capabilities, technology has become an integral part of practicing law today.

Excerpt:

As legal technology continues to advance and evolve, trials and depositions bear little resemblance to the paper-centric proceedings they used to be in decades past. The days when litigation meant being buried in boxes and boxes of documents and exhibits are long gone.

From virtual proceedings and paperless depositions to real-time technologies and mobile capabilities, technology has become an integral part of practicing law today. If you want to get the most out of your next deposition or trial, you need to be familiar with the top technologies that are changing the game in 2020.

 

FCC enacts $200M telehealth initiative to ease COVID-19 burden on hospitals — from techcrunch.com by Devin Coldewey

Excerpt:

The FCC has developed and approved a $200 million program to fund telehealth services and devices for medical providers, just a week or so after the funding was announced. Hospitals and other health centers will be able to apply for up to $1 million to cover the cost of new devices, services and personnel.

The unprecedented $2 trillion CARES Act includes heavy spending on all kinds of things, from direct payments to out-of-work citizens to bailouts for airlines and other big businesses. Among the many, many funding items was a $200 million earmarked for the FCC with which it was instructed to improve and subsidize telehealth services around the country.

 


Also see:

#telehealth#telemedicine#telelegal

 


 

Law by Design — a book by Margaret HaganLaw by Design -- a book by Margaret Hagan

Excerpt:

Why combine law with design? Even if these two fields have traditionally not intersected, I see three main points of value in bringing them together.

  1. Experimental Culture: To be more forward-thinking in how we as legal professionals generate solutions for problems in the legal sector;
  2. User Centered Innovation: To put greater focus on the client and the lay person who has to use legal systems, to deliver them better services tailored their function and their experiential needs;
  3. New Paths for Legal Work & Serving Justice: To build a new set of professional paths and opportunities for people who want to work in law — and especially those who see that traditional ways of being law students and lawyers do not enable them to make the positive changes in society that originally drove them into law.

Also see:

Design and the law with Margaret Hagan -- a podcast out at the Legal Talk Network

 

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