Michigan Chief Justice Bridget Mary McCormack on the Transformative Possibilities of this Moment — from law.upenn.edu with Michigan Chief Justice Bridget Mary McCormack

Excerpt:

Bridget Mary McCormack is Chief Justice of the Michigan Supreme Court and is a leading voice on modernizing court systems to expand access to justice and deepen public confidence in legal systems.

On this episode, she joins us to share her thoughts on how courts can learn from the experiences COVID-19 has created to better serve the public in a post-pandemic world. She also shares her views on how regulatory reform can transform legal services and why improving legal systems matters for the entire American experiment.


Addendum on 12/13/21:
Ontario Court Lays Down the Law on Technology Competence and Video Proceedings — from legaltechmonitor.com by Bob Ambrogi

An Ontario judge has laid down the law on technology competence, ruling in no uncertain terms that every lawyer has a duty to keep pace with changing technology, and that a lawyer’s discomfort with new technologies — in this case, video depositions — is no excuse for reverting to pre-pandemic methods.

 

2022 Predictions – The Market View: Part 1 — from artificiallawyer.com

Excerpt:

What do people want to see happen in 2022? And what do they think will really take place next year? These were the two questions Artificial Lawyer asked a range of legal tech experts from across the market. The quality of responses was so good, and the views expressed so detailed, that this year the 2022 Predictions will be published in two instalments.

Here we go…

We would like to see states across the U.S. tear down regulatory barriers to innovation in legal services. We would like to see human-centred design thinking at the heart of every product, process, and service. We would like to see our community – from law schools to tech companies – advance the cause of access to justice.

 
 

EPISODE 91: THE INNOVATION4JUSTICE LAB – CREATING CHANGE THROUGH LEGAL EDUCATION AND MULTIDISCIPLINARY COLLABORATION — from https://www.cli.collaw.com/

We often think about legal innovation and legal education as being separate and distinct but, what if they weren’t? What if students, not just law students, could pursue their passion for change in a way that led to more people, in more places, having access to justice?

That’s the question that the Innovation4Justice (I4J) Lab asked and is answering today.

 

“Bloomberg Law 2022” Releases Today – Explores Future of Legal Industry and Practice Trends — from legaltechmonitor.com by Jean O’Grady

Excerpt:

BLOOMBERG LAW 2022 SERIES EXPLORES KEY LEGAL TRENDS THAT WILL SHAPE THE YEAR TO COME
Arlington, Va. (November 1, 2021) — Bloomberg Law today announced the availability of its Bloomberg Law 2022 series, its exploration of key issues across four major topic areas – Litigation, Transactions & Contracts, Regulatory & Compliance, and The Future of the Legal Industry – that will shape the legal market in the coming year. The full series, which is issued annually and features 25 articles from Bloomberg Law’s team of legal analysts, is available on a complimentary basis at http://onb-law.com/tXw850GAeS4.

Topic area coverage includes:

  • Litigation: Developments that will shape the course of litigation in 2022 are examined, ranging from Covid-related employment and contractual issues to emerging trends in antitrust cases and bankruptcy filings.
  • Regulatory & Compliance: Learn how a heightened enforcement environment will impact everything from return-to-office mandates to privacy and tech industry regulation to potential actions by the SEC and Congress on cryptocurrency.
  • Transactions & Contracts: Take a look at the forces shaping the transactional landscape and key markets of interest, from trends in M&A and IPOs to the nuanced impacts of new data security laws on contract language.
  • The Future of the Legal Industry: Hot topics such as diversity & inclusion and attorney well-being and the rapidly expanding areas of law such as legal operations and litigation finance are analyzed.

Also see:

Moving forward, the pandemic will have lasting implications for our justice system. The immediate focus on keeping the doors of justice open will inevitably shift to growing case backlogs, reduced funding, increased demand for low-cost legal assistance, inequities in access, and deepening concerns regarding public trust and confidence. Our justice system must be ready, but how do we create paths forward to achieve justice for all?

 
 

Americans Need a Bill of Rights for an AI-Powered World — from wired.com by Eric Lander & Alondra Nelson
The White House Office of Science and Technology Policy is developing principles to guard against powerful technologies—with input from the public.

Excerpt (emphasis DSC):

Soon after ratifying our Constitution, Americans adopted a Bill of Rights to guard against the powerful government we had just created—enumerating guarantees such as freedom of expression and assembly, rights to due process and fair trials, and protection against unreasonable search and seizure. Throughout our history we have had to reinterpret, reaffirm, and periodically expand these rights. In the 21st century, we need a “bill of rights” to guard against the powerful technologies we have created.

Our country should clarify the rights and freedoms we expect data-driven technologies to respect. What exactly those are will require discussion, but here are some possibilities: your right to know when and how AI is influencing a decision that affects your civil rights and civil liberties; your freedom from being subjected to AI that hasn’t been carefully audited to ensure that it’s accurate, unbiased, and has been trained on sufficiently representative data sets; your freedom from pervasive or discriminatory surveillance and monitoring in your home, community, and workplace; and your right to meaningful recourse if the use of an algorithm harms you. 

In the coming months, the White House Office of Science and Technology Policy (which we lead) will be developing such a bill of rights, working with partners and experts across the federal government, in academia, civil society, the private sector, and communities all over the country.

Technology can only work for everyone if everyone is included, so we want to hear from and engage with everyone. You can email us directly at ai-equity@ostp.eop.gov

 

Legal Technology: Why the Legal Tech Boom is Just Getting Started — from nasdaq.com by Casey Flaherty and Jae Um of LexFusion; with thanks to Gabe Teninbaum for this resource via his Lawtomatic Newsletter, Issue #136

Excerpt:

In quick succession, legal technology finally saw its first IPOs:

With private money pouring into legal tech startups and based on our own conversations inside the industry, we at LexFusion expect more IPOs on the horizon. Thus, a primer on legal tech as a category to watch. This Part I summarizes the legal market fundamentals driving unprecedented investment in enabling tech—much of which extends beyond the boundaries implied by “legal” as a descriptor.

A pivot point appears to be upon us. Considered unthinkable a decade ago, US states and Canadian provinces—following similar reforms in the UK and Australia that have resulted in the first publicly traded law firms—are rapidly creating regulatory sandboxes to expand current rules limiting (a) who can provide legal services and (b) who can own those businesses.

From DSC:
One can see why #AI will become key. “…the projected CAGR for global data volumes is 26%—to pt where ‘the amount of data created over the next three years will be more than the data created over the past 30 years.’ This data explosion complicates even standard legal matters.”

Gabe also mentioned the following Tweet, which is relevant for this posting:

 
 

The Disruption Of Legal Services Is Here — from forbes.com by John Arsneault

Excerpt:

For the first time in those 12 years, I am now convinced we are on the precipice of the promised disruption in legal. Not because anyone in the law firms are driving toward this — but because venture capital and tech innovators have finally turned their attention to the industry.

Legal services are a much smaller overall market than, say, retail, financial services or biotech. In the world of disruption and the promised gold rush for the companies that do the disrupting, size matters. Legal has just been low on the industry list. Its number is now up.

It’s easy to Monday morning quarterback that industry now. Easy to see how big of a threat Amazon was to those companies. But when you are being rewarded for doing what you have always done and what your predecessors always did, it’s easy to miss what is around the bend. By the time those companies’ executives realized Amazon was a direct competitor with a much better fulfillment model, it was too late.

 

ANALYSIS: Break Down Barriers to Legal Tech Usage With Training — from news.blooberlaw.com by Francis Boustany

Excerpt:

Many law firms and legal departments report barriers to using legal technology, and insufficient training may be a root cause. To help break down these barriers, organizations should consider creating more opportunities for their lawyers and staff to train on legal technology.

When asked to select what barriers to using legal technologies exist at their organizations, respondents to Bloomberg Law’s 2021 Legal Technology Survey indicated that the top obstacles are a lack of tech savvy, a lack of familiarity with available technology, and not enough time to learn the technology.


From DSC:
If it’s not already in place, all law schools should be offering curricula in this area from here on out.

 

Legal Tech’s Predictions for Legal Technology Innovation in 2022 — from legalreader.com by Smith Johnes

Excerpts:

  • By 2024, non-lawyer workers will replace 20% of generalist lawyers in legal departments.
  • Legal departments will have automated half of legal work connected to big corporate transactions by 2024.
  • Legal departments will triple their investment in legal technology by 2025.

From DSC:
What are the ramifications for law schools and legal departments if these legal tech-related predictions come true?

 

[CA] State Bar Proposes Allowing “Paraprofessionals” to Practice Law — from acbanet.org by Tiela Chalmers

Excerpt (emphasis DSC):

The [CA] State Bar currently has committees working on two proposals that would, if approved, have huge impact on the legal profession. Both committees are working on amending the legal regulatory system to address ways to expand the resources available to those needing legal help. One committee is looking particularly at tech solutions, including permitting Artificial Intelligence solutions that would automate answers to legal questions. But this blog post will focus on the one that is farther along in development – permitting “paraprofessionals” to practice some types of law, with various restrictions.

Also see:

California Paraprofessional Program Working Group — from calbar.ca.gov

Excerpt:

The State Bar’s recently published California Justice Gap Study: Measuring the Unmet Civil Legal Needs of Californians, found that 55 percent of Californians experience at least one civil legal problem in their household each year, and Californians received no or inadequate legal help for 85 percent of these problems. A lack of knowledge about what constitutes a legal issue and concerns about legal costs lead many Californians to deal with problems on their own rather than seek legal help. A thoughtfully designed and appropriately regulated paraprofessionals program is an important component of the solution to the access to legal services crisis in California by expanding the pool of available and affordable legal service providers.

 

US Justice Needs Data Reveals No Americans Unaffected by Justice Crisis — from legaltechmonitor.com by Logan Cornett

Excerpt:

It’s no secret that the United States is deeply embroiled in a justice crisis. According to the World Justice Project’s Rule of Law Index, the U.S. ranks 30th out of the world’s 37 high-income countries on the civil justice factor and 22nd on the criminal justice factor. Numerous studies have shone light on aspects of the crisis—some focusing on how it impacts low-income Americans, others homing in on the crisis’s effects in specific geographic regions. Now, with the new report from IAALS’ and HiiL’s joint US Justice Needs project, we have data from more than 10,000 surveyed individuals that illuminates the contours of the justice crisis in this country.

 

New Study Reveals the Full Extent of the Access to Justice Crisis in America — from iaals.du.edu by Kelsey Montague

Excerpt (emphasis DSC):

“The findings of this survey,” says Dr. Martin Gramatikov, Measuring Justice Director at HiiL, “indicate what our research has historically shown—that oftentimes the more developed a nation is, the more justice needs exist in the population, and the greater the challenge of access to justice for all. While it is widely understood that there is an access to justice problem in the United States, the full extent of the justice crisis has been less clear, until now. With the results of this survey, and IAALS’ focus on evidence-based reform, we can begin to truly understand the scope of the problem, and work towards the changes needed to address this justice gap.”

On an annual basis, that translates to 55 million Americans who experience 260 million legal problems. A considerable proportion of these problems—120 million—are not resolved or are concluded in a manner which is perceived as unfair. This study shows that access to justice challenges are significant and pervasive.

 
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