change

The blinding of justice: Technology, journalism and the law — from thehill.com by Kristian Hammond and Daniel Rodriguez

Excerpts:

The legal profession is in the early stages of a fundamental transformation driven by an entirely new breed of intelligent technologies and it is a perilous place for the profession to be.

If the needs of the law guide the ways in which the new technologies are put into use they can greatly advance the cause of justice. If not, the result may well be profits for those who design and sell the technologies but a legal system that is significantly less just.
…
We are entering an era of technology that goes well beyond the web. The law is seeing the emergence of systems based on analytics and cognitive computing in areas that until now have been largely immune to the impact of technology. These systems can predict, advise, argue and write and they are entering the world of legal reasoning and decision making.

Unfortunately, while systems built on the foundation of historical data and predictive analytics are powerful, they are also prone to bias and can provide advice that is based on incomplete or imbalanced data.
…
We are not arguing against the development of such technologies. The key question is who will guide them. The transformation of the field is in its early stages. There is still opportunity to ensure that the best intentions of the law are built into these powerful new systems so that they augment and aid rather than simply replace.

From DSC:
This is where we need more collaborations between those who know the law and those who know how to program, as well as other types of technologists.

The rise of the lawyer [Furlong]

On 10/01/2019, in 21st century, Artificial Intelligence/Agents/LLMs/and Related, Blockchain, Canada, change, changing business models, emerging technologies, law schools, legislatures / government / legal, new business models, society, by Daniel Christian

The rise of the lawyer — from law21.ca by Jordan Furlong

Per Jordan:

Earlier this year, I received an invitation to write the epilogue for a book called New Suits: Appetite for Disruption in the Legal World, by Michele DeStefano (founder of the groundbreaking Law Without Walls program based at the University of Miami Law School) and Guenther Dobrauz-Saldapenna (partner and leader of PwC Legal Switzerland and leader of PwC’s global legal tech efforts). New Suits is an enormously ambitious and illuminating exploration of the frontiers of technology-powered legal practice, especially for large enterprise clients and their outside counsel, and I highly recommend that you read it.

Of course, I’m no technology expert, and I felt supremely unqualified to say anything useful about the impact of blockchain, AI, RegTech, and so on. But I thought that lawyers who read New Suits, especially newly called lawyers or law students, might reach the end of the book feeling a little overwhelmed by the scale of change facing them, and wondering whether the legal world of the future would in any way resemble the one they had already entered — and if that world would need, want, or even welcome lawyers.

So I wrote what was essentially a message to those lawyers, to explain what all the forthcoming changes would mean for them, what the new legal world was going to demand of them, and what they should feel both empowered and required to demand in return. With the kind permission of the authors, and with a few small edits, here is that lengthy but heartfelt message.

So here’s what I’d very much like you to remember: What you do matters. Who you are matters. When you speak out, it has an impact. When you fall silent, that has an impact too. Do not let yourself get lost in the noise and complexity of the machine; do not lose sight of the primacy and power of true service; do not lose who you are, and who you could be, amid the upheaval and disruption to come. Out of this chaos, you can forge new meaning and greater purpose. Out of the end of one era in the legal profession’s history, you can launch the start of another.

Also see:

From DSC:
The two postings below show the need for more collaboration and the use of teams:

The future of law and computational technologies: Two sides of the same coin — from legaltechlever.com by Daniel Linna Jr.

Excerpt (emphasis DSC):

An increasing number of lawyers today work with allied professionals to improve processes, better manage projects, embrace data-driven methods, and leverage technology to improve legal services and systems. Legal-services and lawyer regulations are evolving. And basic technologies and AI are slowly making their way into the legal industry, from legal aid organizations and courts to large law firms, corporate legal departments, and governments.

If we are to realize the potential to improve society with computational technologies, law, regulation, and ethical principles must be front and center at every stage, from problem definition, design, data collection, and data cleaning to training, deployment, and monitoring and maintenance of products and systems. To achieve this, technologists and lawyers must collaborate and share a common vocabulary. Lawyers must learn about technology, and technologists must learn about law. Multidisciplinary teams with a shared commitment to law, regulation, and ethics can proactively address today’s AI challenges, and advance our collaborative problem-solving capabilities to address tomorrow’s increasingly complex problems. Lawyers and technologists must work together to create a better future for everyone.

From DSC:
As with higher education in general, we need more team-based efforts in the legal realm as well as more TrimTab Groups.

What’s a lawyer now? Law’s shift from practice to skill — from forbes.com by Mark Cohen

Excerpts:

Why does this distinction matter? Because law—like so many industries—is undergoing a tectonic shift. It is morphing from a lawyer dominated, practice-centric, labor-intensive guild to a tech-enabled, process and data-driven, multi-disciplinary global industry. The career paths, skills, and expectations of lawyers are changing. So too are how, when, and on what financial terms they are engaged; with whom and from what delivery models they work; their performance metrics, and the resources—human and machine—they collaborate with. Legal practice is shrinking and the business of delivering legal services is expanding rapidly.

Law is no longer the exclusive province of lawyers. Legal knowledge is not the sole element of legal delivery—business and technological competencies are equally important. It’s a new ballgame—one that most lawyers are unprepared for.
…
How did we get here and are legal careers for most a dead end? Spoiler alert: there’s tremendous opportunity in the legal industry. The caveat: all lawyers must have basic business and technological competency whether they pursue practice careers or leverage their legal knowledge as a skill in legal delivery and/or allied professional careers.

Upskilling the legal profession is already a key issue, a requisite for career success. Lawyers must learn new skills like project management, data analytics, deployment of technology, and process design to leverage their legal knowledge. Simply knowing the law will not cut it anymore.

From DSC:
I really appreciate the work of the above two men whose articles I’m highlighting here. I continue to learn a lot from them and am grateful for their work.

That said, just like it’s a lot to expect a faculty member (in higher ed) who teaches online to not only be a subject matter expert, but also to be skilled in teaching, web design, graphic design, navigation design, information design, audio design, video editing, etc…it’s a lot to expect for a lawyer to be a skilled lawyer, business person, and technician. I realize that Mark was only saying a basic level of competency…but even that can be difficult to achieve at times. Why? Because people have different skillsets, passions, and interests. One might be a good lawyer, but not a solid technician…or vice versa. One might be a solid professor, but isn’t very good with graphic design.

Top jobs in 2040 will involve virtual reality, artificial intelligence & robotics [Williamson]

On 09/25/2019, in 21st century, Artificial Intelligence/Agents/LLMs/and Related, career development, change, emerging technologies, engineering, ethics, future, future of higher education, game-changing environment, robotics, Virtual Reality (VR) / worlds / learning, XR - extended reality, youth, by Daniel Christian

Top jobs in 2040 will involve virtual reality, artificial intelligence & robotics — from themanufacturer.com by Jonny Williamson
Emerging technologies such as virtual reality (VR), artificial intelligence (AI) and robotics will strongly influence the careers we do in the future, according to new research from BAE Systems.

Excerpt:

Almost half of young people (47%) aged between 16-24 believe that one day they will work in a role that doesn’t exist yet, but only one-in-five (18%) think they are equipped with the skills required to future-proof their careers.
.
Three-quarters (74%) also feel that they are not getting enough information about careers that will be available in the future.

To Tweet, or Not to Tweet. That Is the Question (for Law Professors) — Karen Sloan

On 09/23/2019, in adjunct faculty, change, faculty/staff, innovation, law schools, legal technologies, legislatures / government / legal, platforms, productivity / tips and tricks, professional development, social learning / networks, social media, society, universities, workplace, by Daniel Christian

To Tweet, or Not to Tweet. That Is the Question (for Law Professors) — from law.com by Karen Sloan
The number of law professors using Twitter has increased more than 500% since 2012, according to a new census.

Excerpt:

Law professors are trained to share their thoughts in lengthy, exhaustively footnoted journal articles. So it makes sense that the legal academy as a whole was initially reluctant to embrace Twitter, a medium that forces users to be concise and where the conversation can be bare-knuckled.

But it seems law professors are finally coming around to Twitter. A recent census of law professors on Twitter found that at least 1,310 are on the platform, which represents an increase of more than 500% from 2012, when just several hundred were tweeting.

More law professors have jumped on the Twitter bandwagon as they have watched early adopters use the platform in a variety of ways: From promoting their own work or offering commentary on the news of the day to connecting with others in their field or even engaging with the general public, said Bridget Crawford, a professor at Elisabeth Haub School of Law at Pace University, who compiled the data.

Also see:

Like It Or Not, Law May Open Its Doors To Nonlawyers — from law.com by Aebra Coe

Law360 has learned that the Chicago Bar Foundation and Chicago Bar Association plan to launch a joint task force Oct. 7 to explore how state attorney regulations could be modified to encourage more innovation in the legal sector and ultimately increase access to justice.

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]

On 09/17/2019, in 21st century, 24x7x365 access, adult learning, analytics, Artificial Intelligence/Agents/LLMs/and Related, career development, change, changing business models, cloud-based computing / apps / other cloud-related, CMS/LMS, collaboration, colleges, communities of practice, community colleges, consortiums, corporate universities / corporate training, cost of getting a degree, Cost of legal services - including access, credentialing, dangers of the status quo, Daniel S. Christian, digital learning, distance education, education, education technology, elearning, emerging technologies, future, future of higher education, game-changing environment, generational differences, global / globalization, heutagogy, higher education, homeschooling/homeschoolers, human-computer interaction (HCI), ideas, innovation, instructional design, intelligent systems, intelligent tutoring, internet, law schools, leadership, learning, learning agents, learning ecosystem, Learning from the Living [Class] Room, learning hubs & pods & microschooling, learning preferences, learning spaces, learning theories, lifelong learning, marketplaces, microlearning, mobile learning, MOOCs -- Massive Open Online Courses, more voice more choice more control, Natural Language Processing (NLP), new business models, new media literacies, online learning, online media, online tutoring, organizational change, pace of change, personalized/customized learning, platforms, reinvent, society, staying relevant, streams of content, student-related, surviving, by Daniel Christian

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:

Education Startup Launches Online Courses for College Credit — from campustechnology.com by Sara Friedman

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 [Grush & Christian]

On 09/09/2019, in 21st century, adult learning, analytics, Artificial Intelligence/Agents/LLMs/and Related, Blockchain, bots, change, cloud-based computing / apps / other cloud-related, collaboration, communities of practice, dangers of the status quo, Daniel S. Christian, education, emerging technologies, engineering, future, game-changing environment, human-computer interaction (HCI), ideas, intelligent systems, law schools, leadership, legal technologies, legislatures / government / legal, lifelong learning, Natural Language Processing (NLP), online learning, pace of change, platforms, political science, professional development, reinvent, society, staying relevant, technologies for your home, technology (general), the downsides of how people use tech, tools, trends, United States, by 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

Ensuring education systems are fit for purpose.
Modernizing educator workforce and professional learning.
Innovating education for equity, prioritizing diversity, equity and inclusion.
Aligning pathways from early childhood, K-12, college and workforce.
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 [Lo]

On 09/06/2019, in 21st century, 24x7x365 access, change, changing business models, collaboration, corporate / business world, future, law schools, legal technologies, legislatures / government / legal, new business models, organizational change, pace of change, platforms, reinvent, society, strategy, vision/possibilities, by Daniel Christian

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.

Not easy being a parent these days…

On 08/19/2019, in change, generational differences, internet, K-12 related, parents/guardians, platforms, relationships, society, student-related, technology (general), tools, Uncategorized, youth, by Daniel Christian

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 AI predictions (for 2019) everyone should read [Marr]

On 08/13/2019, in 21st century, 24x7x365 access, Artificial Intelligence/Agents/LLMs/and Related, career development, change, corporate / business world, emerging technologies, platforms, society, workplace, by Daniel Christian

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

Excerpts:

AI increasingly becomes a matter of international politics
A move towards “transparent AI”
AI and automation drilling deeper into every business
More jobs will be created by AI than will be lost to it (for the next year at least)
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…”

Learning Ecosystems

Digital workplaces are the future for the legal industry [Lo]

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