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The future of the legal industry & practice trends; CLE is broken; paths of the pandemic courts; + other legal-related resources

On 11/08/2021, in Access to Justice (A2J), game-changing environment, law schools, legal reform, legal technologies, legislatures / government / legal, by Daniel Christian

“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?

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Courts 2021 AWARD WINNER || American Legal Technology Awards 2021 (Access to Justice #A2J)

On 11/04/2021, in 21st century, 24x7x365 access, Access to Justice (A2J), law schools, Legal operations, legal reform, legal technologies, legislatures / government / legal, reinvent, society, telelegal, United States, by Daniel Christian

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Americans Need a Bill of Rights for an AI-Powered World [Lander & Nelson ]

On 10/25/2021, in 21st century, 24x7x365 access, Access to Justice (A2J), analytics, Artificial Intelligence/Agents/LLMs/and Related, bots, corporate / business world, dangers of the status quo, data related items, emerging technologies, future, game-changing environment, generational differences, human-computer interaction (HCI), ideas, internet, law schools, legal reform, legislatures / government / legal, platforms, policy, political science, society, the downsides of how people use tech, United States, vendors, vision/possibilities, by Daniel Christian

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. 

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Legal Technology: Why the Legal Tech Boom is Just Getting Started [Flaherty & Um]

On 10/13/2021, in 21st century, 24x7x365 access, Access to Justice (A2J), Artificial Intelligence/Agents/LLMs/and Related, business, change, changing business models, emerging technologies, Europe, innovation, internet, law schools, legal technologies, marketplaces, new business models, platforms, society, telelegal, tools, UK, United States, vendors, vision/possibilities, web-based collaboration, workplace, by Daniel Christian

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:

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Two items from Forbes’ Billion Dollar Startups 2021 that got me to thinking again about #legaltech [Christian]

On 10/12/2021, in 21st century, 24x7x365 access, Access to Justice (A2J), Daniel S. Christian, entrepreneurship, experimentation, ideas, innovation, law schools, Legal operations, legal reform, legal technologies, legislatures / government / legal, by Daniel Christian

What will the equivalent company look like for telelegal?

 

***

Notarize -- online notarization

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The Disruption Of Legal Services Is Here [Arsneault]

On 10/07/2021, in 21st century, 24x7x365 access, Access to Justice (A2J), change, changing business models, disruption, expectations, innovation, law schools, leadership, Legal operations, legal reform, legal technologies, legislatures / government / legal, new business models, programming, strategy, United States, user experience (UX), workplace, by Daniel Christian

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.

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ANALYSIS: Break Down Barriers to Legal Tech Usage With Training

On 09/28/2021, in 24x7x365 access, Access to Justice (A2J), ideas, innovation, law schools, learning, learning ecosystem, Legal operations, legal reform, legal technologies, legislatures / government / legal, professional development, skills, society, staying relevant, surviving, technology (general), telelegal, tools, training / L&D, United States, vendors, workplace, by Daniel Christian

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.

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DC: What are the ramifications for law schools and legal depts if these legal tech-related predictions come true?

On 09/24/2021, in Access to Justice (A2J), change, Daniel S. Christian, future, game-changing environment, ideas, law schools, legal reform, legal technologies, legislatures / government / legal, policy, by Daniel Christian

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?

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[CA] State Bar Proposes Allowing “Paraprofessionals” to Practice Law [Chalmers]

On 09/24/2021, in Access to Justice (A2J), change, legal reform, legal technologies, legislatures / government / legal, society, sociology, United States, by Daniel Christian

[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.

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US Justice Needs Data Reveals No Americans Unaffected by Justice Crisis [Cornett]

On 09/03/2021, in Access to Justice (A2J), legal reform, legislatures / government / legal, society, sociology, United States, by Daniel Christian

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.

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New Study Reveals the Full Extent of the Access to Justice Crisis in America [Montague]

On 08/25/2021, in Access to Justice (A2J), law schools, legal reform, legislatures / government / legal, society, sociology, United States, by Daniel Christian

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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Jeremiah 9:23-24

On 08/17/2021, in Access to Justice (A2J), faith, global / globalization, hearts -- matters of the heart, law schools, Legal operations, legal reform, legal technologies, legislatures / government / legal, relationships, religion, society, by Daniel Christian

Jeremiah 9:23-24 New International Version — from biblegateway.com

23 This is what the Lord says:

“Let not the wise boast of their wisdom
or the strong boast of their strength
or the rich boast of their riches,
24 but let the one who boasts boast about this:
that they have the understanding to know me,
that I am the Lord, who exercises kindness,
justice and righteousness on earth,
for in these I delight,” declares the Lord.

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NLADA Welcomes DOJ’s Advice to Chief Justices to Ensure Fair Process to Keep Families in Their Homes [nlada.org]

On 06/28/2021, in Access to Justice (A2J), Cost of legal services - including access, law schools, legal reform, legislatures / government / legal, policy, society, sociology, United States, by Daniel Christian

NLADA Welcomes DOJ’s Advice to Chief Justices to Ensure Fair Process to Keep Families in Their Homes — from nlada.org

Excerpts:

NLADA welcomes the Associate Attorney General’s letter urging Chief Justices and State Court Administrators to consider eviction diversion strategies that can help families avoid the disruption and damage that evictions cause. Together with the Centers for Disease Control and Prevention’s decision to extend the eviction moratorium and the additional steps announced by the White House, this letter is an important tool in a package of federal resources to help our country and courts navigate this crisis.

The housing crisis, exacerbated by the pandemic, disproportionally affects women and communities of color. More than 80 percent of people facing eviction are Black. We know that when families have access to counsel provided by civil legal aid attorneys, approximately 80 percent of families stay in their homes, and that rates of homelessness have had a direct correlation to coronavirus rates. These numbers represent men, women and children who are integral to communities across the country, and we are pleased by today’s actions to help families and communities struggling in our nation.

 

 

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Career Tracker: Virtual firms hit an industry milestone as hires continue [Merken & Mclymore]

On 05/24/2021, in 21st century, 24x7x365 access, Access to Justice (A2J), career development, change, law schools, Legal operations, legal reform, legal technologies, legislatures / government / legal, pace of change, telecommunications, telelegal, United States, vendors, videoconferencing, Virtual courts and law firms, by Daniel Christian

Career Tracker: Virtual firms hit an industry milestone as hires continue — from reuters.com by Sara Merken & Arriana Mclymore

Virtual law firm FisherBroyles announced Tuesday that it has cracked the Am Law 200, saying it’s the first non-traditional, so-called distributed law firm to rank among the top 200 highest-grossing U.S. firms.

The 300-partner firm said its annual gross revenue reached $113 million in 2020, adding that in the last year alone it added 51 new partners “almost entirely from Am Law 100 and 200 ranked firms.” It cited the role of the pandemic, which upended expectations about remote work, in spurring its growth and accelerating the adoption of its mostly cloud-based approach to legal services.

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Articles of the month from “Future of the Profession Initiative” May 2021 Newsletter [Penn Carey Law School]

On 05/06/2021, in Access to Justice (A2J), experimentation, future, innovation, law schools, leadership, Legal operations, legal reform, legal technologies, legislatures / government / legal, by Daniel Christian

Penn Law -- Law 2030 graphic

Articles of the month — from the Penn Carey Law School (specifically their “Future of the Profession Initiative’s Monthly Newsletter, May 2021)

  1. International Group Forms Think Tank To Propel Change In the Legal Business Model
  2. Less than a Year Later Utah’s Regulatory Reform is Making Positive Change
  3. Will Top Next-Gen Talent Choose to Practice with Law Firms? (Subscription Required)
  4. Permitting Alternative Business Structures Could Spur Tech Innovation, Arizona Justice Says (Subscription Required)
  5. Legal Tech CEOs Urge Lawyers to Keep Innovating Beyond the COVID-19 Pandemic
  6. Clio Named to Fast Company’s List of the World’s Most Innovative Companies for Broadening Access to Justice Amidst the COVID-19 Pandemic
  7. The Next (Foreseeable) Disruption for the Legal Industry
  8. Law on Call Will Launch the First Nonlawyer-Owned US Law Firm
  9. What is Essential: Legal Design and Client Stories
  10. Automated Legal Reasoning Could Shape Future of Digital Services

Addendum on 5/6/21:

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