A momentous change in the legal industry garnering little attention — from forbes.com by Hendrik Pretorius

Excerpt:

The needed evolution in legal service delivery may receive a big push in the near future. Surprisingly, this issue seems to be flying under the radar for many in the legal industry.

The California Bar, through its Task Force on Access Through Innovation of Legal Services, created in 2018, seeks to “identify possible regulatory changes to enhance the delivery of, and access to, legal services through the use of technology, including artificial intelligence and online legal service delivery models.”

A report commissioned by this task force stated that “[m]odifying the ethics rules to facilitate greater collaboration across law and other disciplines will (1) drive down costs; (2) improve access; (3) increase predictability and transparency of legal services; (4) aid the growth of new businesses; and (5) elevate the reputation of the legal profession.”

 

Herein lies one of the fundamental challenges within the legal industry: viewing the law as the delivery of a legal product, and understanding that this delivery needs to revolve around the user, not the lawyer. There is a real and growing divide between the current model of legal service delivery put forth by a traditional law firm model and what the public wants. Consumers have raised the bar based on what they are experiencing in interacting with other businesses in other industries.

I love what many of these legal tech companies are doing: They are applying standards from outside the entrenched legal industry and changing entire delivery models. This should be a real wake-up call. But how can law firms truly compete and play a role?

 

Reflections on “DIY Mindset Reshaping Education” [Schaffhauser]

DIY Mindset Reshaping Education — from campustechnology.com by Dian Schaffhauser

Excerpt:

A do-it-yourself mindset is changing the face of education worldwide, according to new survey results. Learners are “patching together” their education from a “menu of options,” including self-teaching, short courses and bootcamps, and they believe that self-service instruction will become even more prevalent for lifelong learning. In the United Sates specifically, 84 percent of people said learning would become even more self-service the older they get.

Among those who have needed to reskill in the last two years to continue doing their jobs, 42 percent found information online and taught themselves and 41 percent took a course or training offered by their employers, a professional association or bootcamp, compared to just 28 percent who pursued a professional certification program, 25 percent who enrolled in a university-level degree program or 12 percent who did nothing.

If people had to learn something new for their career quickly, they said they would be more likely turn to a short training program (47 percent), followed by access to a free resource such as YouTube, Lynda.com or Khan Academy (33 percent). A smaller share (20 percent) would head to an accredited university or college.

 

From DSC:
This is why the prediction from Thomas Frey carries weight and why I’ve been tracking a new learning platform for the 21st century. Given:

  • The exponential pace of technological change occurring in many societies throughout the globe

  • That emerging technologies are game-changers in many industries
  • That people will need to learn about those emerging technologies and how to leverage/use them <– if they want to remain marketable/employed
  • That people need to reinvent themselves quickly, efficiently, and cost-effectively
  • That many people can’t afford the time nor the funding necessary these days to acquire a four-year higher ed degree
  • That running new courses, programs, etc. through committees, faculty senates, etc. takes a great deal of time…and time is something we no longer have (given this new pace of change)

…there needs to be a new, up-to-date, highly responsive, inexpensive learning-related platform for the 21st century. I call this learning platform of the future, “Learning from the Living [Class] Room.” And while it requires subject matter experts / humans in significant ways, AI and other technologies will be embedded throughout such a platform.

 



 

“I’ve been predicting that by 2030 the largest company on the internet is going to be an education-based company that we haven’t heard of yet,” Frey, the senior futurist at the DaVinci Institute think tank, tells Business Insider.

source

 

Addendum on 9/18/19:

For $400 per course, students will be able to gain access to course videos that are cinematically filmed and taught by “some of the brightest minds in academia.” Outlier.org students will also have access to problem sets, one-on-one tutoring and assessments proctored through artificial intelligence.

 

 

Artificial Intelligence in Higher Education: Applications, Promise and Perils, and Ethical Questions — from er.educause.edu by Elana Zeide
What are the benefits and challenges of using artificial intelligence to promote student success, improve retention, streamline enrollment, and better manage resources in higher education?

Excerpt:

The promise of AI applications lies partly in their efficiency and partly in their efficacy. AI systems can capture a much wider array of data, at more granularity, than can humans. And these systems can do so in real time. They can also analyze many, many students—whether those students are in a classroom or in a student body or in a pool of applicants. In addition, AI systems offer excellent observations and inferences very quickly and at minimal cost. These efficiencies will lead, we hope, to increased efficacy—to more effective teaching, learning, institutional decisions, and guidance. So this is one promise of AI: that it will show us things we can’t assess or even envision given the limitations of human cognition and the difficulty of dealing with many different variables and a wide array of students.

A second peril in the use of artificial intelligence in higher education consists of the various legal considerations, mostly involving different bodies of privacy and data-protection law. Federal student-privacy legislation is focused on ensuring that institutions (1) get consent to disclose personally identifiable information and (2) give students the ability to access their information and challenge what they think is incorrect.7 The first is not much of an issue if institutions are not sharing the information with outside parties or if they are sharing through the Family Educational Rights and Privacy Act (FERPA), which means an institution does not have to get explicit consent from students. The second requirement—providing students with access to the information that is being used about them—is going to be an increasingly interesting issue.8 I believe that as the decisions being made by artificial intelligence become much more significant and as students become more aware of what is happening, colleges and universities will be pressured to show students this information. People are starting to want to know how algorithmic and AI decisions are impacting their lives.

My short advice about legal considerations? Talk to your lawyers. The circumstances vary considerably from institution to institution.

 

Technology as Part of the Culture for Legal Professionals -- a Q&A with Mary Grush and Daniel Christian

 


Technology as Part of the Culture for Legal Professionals A Q&A with Daniel Christian — from campustechnology.com by Mary Grush and Daniel Christian

Excerpt (emphasis DSC):

Mary Grush: Why should new technologies be part of a legal education?

Daniel Christian: I think it’s a critical point because our society, at least in the United States — and many other countries as well — is being faced with a dramatic influx of emerging technologies. Whether we are talking about artificial intelligence, blockchain, Bitcoin, chatbots, facial recognition, natural language processing, big data, the Internet of Things, advanced robotics — any of dozens of new technologies — this is the environment that we are increasingly living in, and being impacted by, day to day.

It is so important for our nation that legal professionals — lawyers, judges, attorney generals, state representatives, and legislators among them — be up to speed as much as possible on the technologies that surround us: What are the issues their clients and constituents face? It’s important that legal professionals regularly pulse check the relevant landscapes to be sure that they are aware of the technologies that are coming down the pike. To help facilitate this habit, technology should be part of the culture for those who choose a career in law. (And what better time to help people start to build that habit than within the law schools of our nation?)

 

There is a real need for the legal realm to catch up with some of these emerging technologies, because right now, there aren’t many options for people to pursue. If the lawyers, and the legislators, and the judges don’t get up to speed, the “wild wests” out there will continue until they do.

 


 

Podcast: Susan Patrick on Transforming Education Systems for Equitable High-Quality Learning — from gettingsmart.com by Tom Vander Ark & Susan Patrick

Excerpts:

5 Global Trends

  1. Ensuring education systems are fit for purpose.
  2. Modernizing educator workforce and professional learning.
  3. Innovating education for equity, prioritizing diversity, equity and inclusion.
  4. Aligning pathways from early childhood, K-12, college and workforce.
  5. Redesigning schools based on the learning sciences.
    In Fit for Purpose, Patrick and colleagues said, “A school redesign informed by learning sciences puts student success at its center. It incorporates youth development theory, culturally responsive teaching, and evidence-based approaches.” She added, “We must ensure we are designing for equity using research on how students learn best, youth development theory and evidence-based approaches.”


From DSC:

Below are the comments that I relayed back to Tom and Susan on Twitter:

“We need to keep asking– how do we design a system fit for the world we live in?” I thought that this was a great point from Susan. I would just add that not only do we need to look around at the current landscapes, but also what’s coming down the pike (i.e. the world that we will be living in). With the new pace of exponential change, our graduates will need to be able to pivot/adapt frequently and quickly.

Also, watching my wife’s experiences over the last few years, only one of the three school systems offered solid training and development. The other two school systems needed to pay much more attention to their onboarding and training programs. They needed to be far more supportive — working to establish a more team-oriented teaching and learning environment. While the corporate world can learn from the K-12 world often times, this is where the K-12 world could learn a lot to learn from the corporate world.

 

Digital workplaces are the future for the legal industry — from abovethelaw.com by James Lo
The speed of business is accelerating, and digital workplaces are answering the demand for a better way to work, by providing a single platform to manage content, people, and applications. 

Excerpt:

The consumerisation of enterprise technology has led to an increasing expectation from lawyers, clients, and business users alike that the legal technology they are using in the workplace for collaboration, knowledge management, transaction management, and more should be as useful, intuitive, and user-friendly as what they are already using at home on a day-to-day basis.

Digital workplaces are answering the demand for a better way to work, by providing a single platform to manage content, people, and applications. As law firms review their technology strategy for the next three to five years, there is an opportunity to create digital workplaces that will match how lawyers will want to work in the future. Within a digital workplace, a lawyer will have access to relevant data and content, collaborate with both clients and colleagues, share knowledge, and solve problems, all in real-time, from anywhere.

At the same time, clients are expecting firms to be using data, artificial intelligence and other technologies to predict outcomes, reduce costs, improve transparency and ultimately add value. 

 

After 40 Years of Constant Change, What’s Next for the Legal Industry?  — from law.com by Dan Packel
Few could have anticipated the dramatic shift in scope and scale the industry has undergone since The American Lawyer’s founding 40 years ago. We asked some of the law’s brightest thinkers what we can expect over the next 10.

Excerpts (emphasis DSC):

Technology and Upheaval
While it’s easy to conclude that the technological revolution that’s already been unleashed will continue to drive transformation over the next 10 years, it’s harder to pinpoint how.

Expect more and more tasks to become subject to automation—not just contracts and e-discovery but also areas like trademarks and due diligence for mergers, for starters.

Technology and artificial intelligence on their own are noteworthy, but what’s more compelling is the impact they will have on how firms are structured.

“Everything that can be taken out of the hands of subject-matter experts and handed over to the process experts and technologists will be,” says Orrick, Herrington & Sutcliffe Chairman and CEO Mitch Zuklie. “There will be far fewer associates sitting in rooms with documents and more strategic partnerships among law firms and legal tech providers.”

This transition could help chip away at the supremacy of the billable hour.

Not only will technology move up the value chain for litigation, it will also emerge as a greater player on the deal side. Jae Um, director of pricing strategy at Baker McKenzie, expects to see a much greater focus on compliance and regulatory technology in the next five years.

As AI solutions, which depend upon machine learning, are slowly deployed in the marketplace, their efficacy will inevitably grow.

 

How about a little wild speculation to wrap this up?  With more nonlawyer specialists finding professional homes in law firms, it’s a short leap to hybrids between law firms and professional services operations. Imagine consultants and accountants working together with lawyers and technologists to solve clients’ increasingly complex problems. And what about a high-profile merger between a Big Four firm and a global law firm? I wouldn’t rule it out.

 

 

Samsung’s take on the world of 2069 — from newatlas.com by David Szondy

Excerpt:

Samsung is looking forward to what life might be like in the year 2069. The new report, called Samsung KX50: The Future in Focus, draws on the opinions of six of Britain’s leading academics and futurists to look at a range of new technologies that will affect people’s everyday lives.

 

 

 

From DSC:
After reviewing the item below — and after trying to limit the screen time of our youngest daughter these days — I am again reflecting on how difficult it is to raise kids today. I’m not going to get on the technology bashing train, but I’m just going to say that — at least in this area of life — my parents had it much easier!  🙂  It’s not easy to cut off the kids’ access to the Internet these days…as the article below illustrates!

Teen goes viral for tweeting from LG smart fridge after mom confiscates all electronics — from cbsnews.com by Caitlin O’Kane

Excerpt (emphasis DSC):

Dorothy said she was boiling rice one night and was too preoccupied by her phone, so the stove burst into flames. “So my mom took all my tech so i’d pay more attention to my surroundings,” she said.

Then she explained that both the DS and Wii allow image share, so she could send images from those devices to Twitter, adding messages.

Sometime after finding her DS, it was taken again, so Dorothy started tweeting from yet another connected device: her fridge. “My mom uses it to google recipes for baking so I just googled Twitter,” she told CBS News.

 

5 important artificial intelligence predictions (for 2019) everyone should read — from forbes.com by Bernard Marr

Excerpts:

  1. AI increasingly becomes a matter of international politics
  2. A move towards “transparent AI”
  3. AI and automation drilling deeper into every business
  4. More jobs will be created by AI than will be lost to it (for the next year at least)
  5. AI assistants will become truly useful

 

“…these tensions could compromise the spirit of cooperation between academic and industrial organizations across the world.”

 

“AI solutions for managing compliance and legal issues are also likely to be increasingly adopted. As these tools will often be fit-for-purpose across a number of organizations, they will increasingly be offered as-a-service…”

 

 

A Snapshot of Instructional Design: Talking Points for a Field in Transition — from er.educause.edu by Whitney Kilgore, Patrice Torcivia and Laura Gogia

Excerpt:

The resurgence of learning engineering as a concept and professional role in higher education has exacerbated tensions within the field of instructional design related to job titles, responsibilities, and position within academic institutions.

 

“World-class instructional designers can help one institution differentiate itself from others in the online learning market. I think that realization is driving the conversation on instructional design in many institutions.”

“Today, we need instructional designers who are equally fluent in learning design, faculty professional development, research methods, and technology,” Bowen elaborated. “They must be able to partner with faculty to create, experiment, and publish innovative approaches to teaching and learning. Unfortunately, this looks a lot different than what we have in many instructional design units right now.”

Kyle Bowen, director of innovation at Penn State

 

China has started a grand experiment in AI education. It could reshape how the world learns. — from technologyreview.com by Karen Hao
In recent years, the country has rushed to pursue “intelligent education.” Now its billion-dollar ed-tech companies are planning to export their vision overseas.

Excerpt:

Zhou Yi was terrible at math. He risked never getting into college. Then a company called Squirrel AI came to his middle school in Hangzhou, China, promising personalized tutoring. He had tried tutoring services before, but this one was different: instead of a human teacher, an AI algorithm would curate his lessons. The 13-year-old decided to give it a try. By the end of the semester, his test scores had risen from 50% to 62.5%. Two years later, he scored an 85% on his final middle school exam.

“I used to think math was terrifying,” he says. “But through tutoring, I realized it really isn’t that hard. It helped me take the first step down a different path.”

 

The strategy has fueled mind-boggling growth. In the five years since it was founded, the company has opened 2,000 learning centers in 200 cities and registered over a million students—equal to New York City’s entire public school system. It plans to expand to 2,000 more centers domestically within a year. To date, the company has also raised over $180 million in funding. At the end of last year, it gained unicorn status, surpassing $1 billion in valuation.

 

Dallas County Community College District Students Receive “GreenLight”? Toward Ownership, Lifelong Access of Academic Records — from linkedin.com by Timothy Marshall; with thanks to Mike Mathews for this resource out on LinkedIn

Excerpt:

(DALLAS) — Gone are the days of a lengthy and sometimes costly process to request educational records for job or college applications. Through its investments in groundbreaking technology, DCCCD is allowing students unprecedented access to their educational transcripts. This places students in the unique position to maintain lifelong digital ownership of their complete academic credentials, with the flexibility to use those records to propel them toward academic and career success.

DCCCD is pleased to announce a new partnership with Dallas-based GreenLight Credentials, a new secure digital locker. With GreenLight, DCCCD students will have wide-ranging access to their academic records anytime, anyplace, by simply clicking a button.

 

A New Way Forward: CAEL Association Update (August 2019) –from evolllution.com by Marie Cini | President, CAEL
As the labor market continues to evolve, CAEL will play a critical role in establishing a collaborative ecosystem linking learners, employers and postsecondary institutions.

Excerpt:

I’m delighted to announce a new partnership between CAEL and The EvoLLLution to deliver timely information on the latest advances related to serving adult working learners. When you consider the rapidly changing nature of the work our members face, it’s hard to imagine a more aptly named organization to collaborate with!

This partnership will provide CAEL members with fresh thinking twice a month in the form of a brief digital newsletter. The focus will be on lifelong learning and transforming traditional structures to better meet the needs of today’s working learners in communities, across industries, inside all postsecondary institutions.

 

Stanford profs: U.S. income inequality is only getting worse. Now what? — from fastcompany.com by
An economist and a business adviser discuss what might happen if the gap between rich and poor continues to grow.

Excerpt:

The U.S. economy hit a historic high in 2018, and today unemployment is at its lowest rate in five decades. Yet wage growth for the vast majority of Americans has stalled, and more people are struggling to afford housing, healthcare, education, and other basics.

 

From DSC:
If this trend continues, it will present more heat in higher education’s kitchen. It will further the need for an online-based, lifelong learning, next generation learning platform.

 

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