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

 

DC: Ouch! Likely a *major game-changer* — esp given the current landscape of #HigherEducation. [Christian]

From DSC:
Readers of this blog will know that I’m a big fan of online learning. That said, I realize it’s not for everyone. Our son, who is studying to become an actor, hates it.

Given:

  • our current technological tools, setups, and  infrastructures
  • the ways that we are used to doing things
  • our past and current educational systems 
  • and folks’ learning preferences

…it’s hard to do some things online. I get it.

That said, I wouldn’t rule out the further significant growth and development of online-based learning experiences by any stretch of the imagination. The Coronavirus will force traditional institutions of higher education (plus many K-12 school systems as well as corporate training programs) to invest much more aggressively in the research and development of online-based learning experiences. And with AI-based tools like Otter.AI, our future virtually/digitally-based learning ecosystems could be very powerful indeed.

As but one example, consider that AI technologies — as unseen but present participants in future videoconferencing calls — will “listen” to the conversation and likely provide us with a constantly updating sidebar that will consist of beneficial resources such as:

  • relevant research
  • websites
  • journal articles
  • blog postings
  • former team conversations
  • etc.

The output from that sidebar will likely be able to be saved /downloaded just like we do with transcripts of chat sessions. The available options for such a service will be customizable, and filtering mechanisms can be turned on, or off, or be adjusted.

Otter dot AI

 

All of that said, it IS time to reduce the investments that are being used to create new athletic facilities and/or other new physical buildings. And it’s time to start reallocating those millions of dollars of investments into creating/developing highly-effective online-based learning experiences. 

Don’t get me wrong. Going to campus is an ideal learning experience, and I hope that for everyone out there. But if the current trends continue — especially the increasing costs of obtaining a degree — that won’t be an option for a growing number of people (especially with the aftermath/ripple effects of the Coronavirus on our society).

#CostOfObtainingADegree #StudentRelated #AI #InstructionalDesign #IntelligentSystems #IntelligentTutoring #FutureOfHigherEducation #Innovation #LearningEcosystems #HigherEducation #Change #NewBusinessModels #Reinvent #StayingRelevant #Surviving

 

Dawn of the Age of Digital Learning [Moe & Rajendran]

Dawn of the Age of Digital Learning — from medium.com by Michael Moe and Vignesh Rajendran
An Acceleration of Trends That Have Been Building for Years

Excerpts:

Some of these new online learners will sink. Some will crawl out of the pool and never go back in. But we believe most will get the hang of it, like it, and will no longer be confined to the shore. Effectively, the genie is not going back in the bottle… digital learning has come of age. We have a B.C. (Before Coronavirus) world transitioning to A.D. (After Disease).

The Coronavirus has brought forth the Dawn of the Age of Digital Learning — a time for builders to create the platforms, tools, and technology to propel society forward.

We now believe Digital Learning will reach 11% of the education market by 2026, representing a ~$1 Trillion market and a 30% CAGR, close to double the rate of growth projected in Before Covid-19

 

From DSC:
So many of the things in this article reminded me of the things, developments, trends, needs, and possibilities that I have been tracking for years in this vision of a next-generation, global learning platform that I have entitled:

We need a next gen learning platform -- I call this vision Learning from the Living Class Room

My guess is that the large, primarily online institutions/organizations will come out of this ordeal in much better shape than the majority of the traditional institutions of higher education. It won’t matter what faculty members at liberal arts institutions think about online learning. And as much as some faculty members won’t like to see or hear about it, students will no longer need for such faculty members to be sold on it. Students will come to realize that it was under those faculty members watch that their own enormous gorillas of debt were created. And they are beginning to witness and hear that it’s taking (or will take) older family members decades to pay down their debt.

So, I think that the market will decide the fate of many traditional institutions of higher education. Lifelong learners will vote with their feet — and fingers actually, by typing in a new URL — and simply move to the SNHU’s, ASU’s, UMass Online’s, WGU’s, and Liberty University’s of the world. After 5-10 years of investments in online learning, there will likely be some pretty amazing learning experiences out there.

 
 

COVID-19 Pandemic Will Propel US Telehealth Market To Grow At A CAGR of Over 29% During 2019-25 — from wearable-technologies.com by Cathy Russey

Telelegal can't be too far behind telehealth

 

Excerpt:

Since the Coronavirus Pandemic in the United States, the telehealth platform has emerged as a major tool to fight and contain the virus. Due to the rise in the COVID-19 pandemic, the US telehealth market is expected to witness over 80% YOY growth in 2020.

The telehealth services segment is growing at the fastest CAGR as the demand for these services is increasing across the US. With the rapid advancement in technology, telehealth is considered as the future of medicine. 

From DSC:
#Telelegal can’t be too far behind this trend in healthcare.

 

For Southern New Hampshire, the future of the campus may be online — from educationdive.com by Hallie Busta
The president of the online giant talked with Education Dive about its decision to move all freshmen online this fall and bigger plans to reshape instruction.

Excerpts:

The university hopes to introduce a variety of online, hybrid and/or project-based programs in the fall of 2021. By that point, it also aims to have reduced tuition for campus programs from $31,000 to $10,000 — a 61% cut that makes the cost equivalent to what online students pay.

LEBLANC: Let’s imagine campuses can’t open for the whole year. To stay on pace, students typically would need to complete 10 courses. For us, if you enroll online, those courses are about $1,000 each. There’s your $10,000. I don’t know what version of taking undergraduates and keeping them fully online justifies me charging them more than I do the 130,000 students who are paying $1,000 a course. It simply reflects what we charge now.

While this announcement got a lot of attention, I know a lot of my colleagues are thinking very hard about how to reinvent their institutions to be meaningful again in a world that looks very different than it did just three months ago.

 

From DSC:
The successful education providers of the future — and by that I mean those organizations who can educate the masses, not the elite — will be those who can significantly reduce the price of obtaining the skills and knowledge that someone needs to remain marketable and relevant in the workplace. For. Sixty. Years.

Learning from the living class room

 

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.

 

 

Shared Responsibilities: What It Will Take to Deliver a True National Lifelong Learning Ecosystem — from evoLLLution.com by Denise Amyot | President and CEO, Colleges and Institutes Canada

Building a more flexible and accessible postsecondary sector will require concerted efforts from postsecondary institutions, governments, and employers, all of whom have a role to play in making the culture of lifelong learning a reality. 

 

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.

 

Excerpts from Living on Curves — from gettingsmart.com by Tom Vander Ark

Almost all of us maintain a normality bias where we assume things will go on about the same as they always have.

Young people are growing up on a jostling set of curves that will bring waves of dislocations to their lives. And even though we don’t fully understand the questions, much less the answers, it’s a good time to start this conversation with our children.

 

 

From DSC:
On the positive side…

What I appreciate about ‘s article is that it’s asking us to think about future scenarios in regards to higher education. Then, it’s proposing some potential action steps to take now to address those potential scenarios if they come to fruition. It isn’t looking at the hood when we’re traveling 180 mph. Rather, it’s looking out into the horizon to see what’s coming down the pike. 

6 Steps to Prepare for an Online Fall Semester — from chronicle.com b

Excerpt (emphasis DSC):

Plan for a multiyear impact. If colleges are forced to maintain online-only instruction in the fall and to defer reopening their campuses to in-person instruction to January 2021, the impact will be felt for years. College leaders should start thinking now about how to manage and potentially adjust spring-2021 (and beyond) course offerings, course sequencing, and degree requirements to avoid saddling students with graduation delays and the accompanying direct and indirect financial costs. In addition, colleges should anticipate a smaller-than-normal entering first-year class in fall 2020 (and thus a larger-than-normal enrollment a year later) and devise strategies to help mitigate the resulting stresses on admission rates and classroom and dorm capacity for first-year students entering in fall 2021 and beyond.

If instruction remains online-only in the fall, colleges won’t be able to afford that sort of inefficiency. College departments should start now to identify opportunities for collaborations that would draw on the collective wisdom and labor of faculty members from multiple institutions who are teaching similar courses. This would lessen the burden of migrating teaching materials and techniques to an online format.

From DSC:
I’ve often wondered about the place of consortiums within higher ed…i.e., pooling resources. Will the impacts of the Coronavirus change this area of higher ed? Not sure. Perhaps.

On the negative side…

I take issue with some of John’s perspectives, which are so common amongst the writers and academics out there. For example:

Conversely, an entire generation of current college students is now learning that it can be pretty boring to be one of several hundred people simultaneously watching a Zoom lecture.

You know what? I did that very same thingover and over again — at Northwestern University (NU), but in a face-to-face format. And quite frankly, it’s a better view on videoconferencing. It’s far more close up, more intimate online. I agree it’s a different experience. But our auditoriums were large and having 100-200+ students in a classroom was common. There was no interaction amongst the students. There were no breakout groups. The faculty members didn’t know most of our names and I highly doubt that the well-paid researchers at Northwestern — who were never taught how to teach in the first place nor did they or NU regard the practice of teaching and learning highly anyway — gave a rat’s ass about body language. Reading the confusion in the auditorium? Really? I highly doubt it. And those TA’s that we paid good money for? Most likely, they were never taught how to teach either. The well-paid researchers often offloaded much of the teaching responsibilities onto the teacher assistants’ backs. 

Bottom line:
Face-to-face learning is getting waaaay more credit than it sometimes deserves — though sometimes it IS warranted. And online-based learning — especially when it’s done right — isn’t getting nearly enough credit. 


Addendum: Another example of practicing futures thinking in higher ed:

 

 

Excerpt:

5. Telemedicine
Have you received the emails from your healthcare professionals that they are open for telemedicine or virtual consultations? To curb traffic at hospitals and other healthcare practitioners’ offices, many are implementing or reminding their patients that consultations can be done through video. Rather than rush to the doctor or healthcare center, remote care enables clinical services without an in-person visit. Some healthcare providers had dabbled in this before COVID-19, but the interest has increased now that social distancing is mandated in many areas.

 

It’s the dawning of a new day in the job market. Here’s what that means for higher ed — from edsurge.com by Sean Gallagher

Excerpts:

As we enter a recession, many experts believe that the unemployment rate will spike well into the double digits—to 15 percent according to Goldman Sachs, or as high as 32 percent according to the Federal Reserve Bank of St. Louis. Whatever the exact figure, we’ve gone quickly from nearly full employment to tens of millions of Americans being out of work in a transformative “100-year flood.” Hopefully, this economic disruption will be as short as possible —but a shift of this magnitude will have both immediate and long-lasting implications for the higher education ecosystem in addition to the world of work itself.

According to past opinion polls we’ve conducted at Northeastern University, American workers recognize that lifelong learning is critical to staying prepared for these ongoing technology-related changes in the job market. Upskilling workers to compete in a more technology-driven job market—and developing human skills to augment or work alongside smart machines—is now even more of an imperative.

What jobs employers will be hiring for—and what professional programs learners will be interested in pursuing—will also inevitably be reshaped.

 

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

 


 

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