7 reasons to get rid of the law degree — from jordanfurlong.substack.com by Jordan Furlong
Requiring a law degree for bar admission imposes unfair burdens on new lawyers and blocks innovation in legal education. Here’s what we can do instead.

Excerpt:

Hey there, legal sector participant! Do you feel that law school is too expensive? That law students graduate too heavily in debt and deeply stressed? That legal education seems impossible to reform? That the whole lawyer development and bar admission system in general is an enormous hot mess?

If so, you’re like thousands of others who’ve grown massively frustrated with the profession’s broken-down approach to developing new lawyers. But I’m here with some good news! There’s a simple and straightforward path to resolving these and many other problems with legal education and bar admission.

We start by getting rid of the law degree.

Now, hold on, let me be clear — I don’t mean kill the law degree itself. That would be crazy.

No, I mean, let’s get rid of the law degree as a mandatory element of the lawyer licensing process. Law schools should continue to offer whatever sort of degree programs they like — but legal regulators and bar admission authorities should no longer require everybody who wants to be a lawyer to get one.

From DSC:
I need to think on this further, but Jordan could be onto something here…

A better pathway to lawyer licensing — from jordanfurlong.substack.com by Jordan Furlong
No law degree; a single knowledge exam; training in legal, business and professional skills; and a term of supervised practice. This is how we do it.

Excerpt:

Previously here at Substack, I provided a pretty comprehensive takedown of the law degree requirement for lawyer licensing. It generated a ton of fascinating and gratifying feedback, here and especially at LinkedIn, with a few objections but mostly a lot of support.

Of course, it’s easy to criticize legal education — fun, too — but look, most people in the legal profession already know all the problems with the law degree, and complaining about it is kind of a vacuous pastime. What I’m really interested in here is a bigger and more important question: How does — how should — someone become a lawyer?

 

Building a bridge to justice from the other side — from jordanfurlong.substack.com by Jordan Furlong
Our professional-centric approach to resolving unmet legal needs hasn’t worked. Maybe it’s time we empowered the people who are already there.

An enormous and intricate bridge with parts of it bending down and part of it bending up -- creating a criss-cross pattern

Excerpts:

Given all that, I think it’s time we tried demand-side approach instead — one that doesn’t require us to licence and deploy more legal services professionals, but instead focuses on and empowers those who are already dealing with people’s unmet and unrecognized legal needs.

So if we’re not looking for legal professionals, who are we looking for? If we take a user-centred, needs-focused approach, we’ll find ourselves looking for someone who’s familiar to and trusted by the vulnerable people with unmet legal needs, who’s walked with them, earned their confidence over time — “someone who looks like them, understands their situation, and are trusted members of their community.”

These individuals are already present in the lives of people with unmet legal needs. They’re community activists, librarians, hospital employees, teachers, social workers, homeless advocates, therapists, food bank employees, members of a religious order, financial counsellors, mental health clinic staffers, juvenile case workers, and many others.

 

Revolutionising Criminal Law with AI — from seotraininglondon.org by Danny Richman
This case study outlines how I helped a law firm use Artificial Intelligence (AI) to streamline new client enquiries, resulting in significant savings of time and money.

Excerpt:

However, this process took up a lot of time and resources, meaning that highly qualified, well-paid individuals had to dedicate their time and energy to processing email enquiries instead of working on client cases.

That’s why I developed an app for Stuart Miller built on OpenAI’s GPT-3 technology. This app receives the content of the client’s email and makes the same determination as the human team of lawyers. It then immediately alerts the relevant lawyer to any enquiries flagged as high-priority, high-value cases. The entire process is automated requiring no human interaction.

From DSC:
Hmmm…something to keep on the radar.


Also relevant/see:

Here’s Why Lawyers Are Paying Attention to ChatGPT — from legallydisrupted.com by Zach Abramowitz
AI Will Continue to Be a Talking Point Throughout the Year

Excerpts:

Ready to get disrupted? Me neither, but let’s take the plunge.

ChatGPT is all anyone in legal wants to talk about right now, and for good reason.

Smash cut to yesterday, and this webinar focusing on ChatGPT is sold out and the sheer number of questions from the audience (which ranged from law students to in-house counsel and law firm partners) was more than 10x a normal webinar.

The point is that I’m not in a bubble this time. Everyone in legal is paying attention to ChatGPT, not just the legaltech nerds. This @#$% is going mainstream.


 

Speaking of technology and the law, also see:

Holding Court Outside the Courtroom — from legaltalknetwork.com

Host: Molly McDonough, Legal Talk Network Podcast Producer and Founder of Molly McDonough Media, LLC.

Guests:

  • Dori Rapaport, Executive Director at Legal Aid Services of Northeastern Minnesota
  • David Estep, Supervising Attorney at Legal Aid of West Virginia
  • Honorable Jeanne M. Robison, Salt Lake City Justice Court Judge
 

From DSC:
I received an email the other day re: a TytoCare Exam Kit. It said (with some emphasis added by me):

With a TytoCare Exam Kit connected to Spectrum Health’s 24/7 Virtual Urgent Care, you and your family can have peace of mind and a quick, accurate diagnosis and treatment plan whenever you need it without having to leave your home.

Your TytoCare Exam Kit will allow your provider to listen to your lungs, look inside your ears or throat, check your temperature, and more during a virtual visit.

Why TytoCare?

    • Convenience – With a TytoCare Exam Kit and our 24/7/365 On-Demand Virtual Urgent Care there is no drive, no waiting room, no waiting for an appointment.
    • Peace of Mind – Stop debating about whether symptoms are serious enough to do something about them.
    • Savings – Without the cost of gas or taking off work, you get the reliable exams and diagnosis you need. With a Virtual Urgent Care visit you’ll never pay more than $50. That’s cheaper than an in-person urgent care visit, but the same level of care.

From DSC:
It made me reflect on what #telehealth has morphed into these days. Then it made me wonder (again), what #telelegal might become in the next few years…? Hmmm. I hope the legal field can learn from the healthcare industry. It could likely bring more access to justice (#A2J), increased productivity (for several of the parties involved), as well as convenience, peace of mind, and cost savings.


 

 

The Artificial Lawyer Guide to Legal Tech – Autumn 2022 — from artificiallawyer.com

Excerpt:

It’s been a wild ride the last couple of years, but what should we be looking out for as we move into the Autumn of 2022? Here are some thoughts from Artificial Lawyer.

 

ABA cleans up accreditation rules surrounding distance education for law schools — from highereddive.com by Lilah Burke

Dive Brief (emphasis DSC):

  • Recent amendments to American Bar Association accreditation standards addressed definitions of distance education, but Leo Martinez, immediate past chair of the ABA Council for the Section of Legal Education and Admissions to the Bar, says the resolution won’t change much for law schools without waivers allowing them to conduct extra distance education.
  • The changes, made at the ABA’s annual meeting in August, were meant to clarify language in accreditation standards.
  • The ABA, which serves as the accreditor for 199 law schools and programs, requires waivers for institutions that want to offer more than one-third of J.D. program credits online. But it remains interested in reviewing distance education.

From DSC:
For an industry in the 21st century whose main accreditation/governance body for law schools still won’t let more online learning occur without waivers…

…how can our nation expect future lawyers and law firms to be effective in an increasingly tech-enabled world?

Here’s the pace of change in the world today:

The exponential pace of change is like warp speed for the U.S.S. Enterprise (Star Trek) or the hyperdrive on the Millennium Falcon (Star Wars).

Yet here’s the pace that the American Bar Association (@ABAesq) has been taking — and continues to take — at least in the area of supporting online-based learning as well as in developing sandboxes/new methods of improving access to justice (#A2J):

.

It’s high time the ABA did their research re: online-based learning and majorly picked up their pace. Undergraduate online-based education started back in the late 1990’s for crying out loud! (And the number of students taking one or more of their courses completely online has been increasing ever since that time.)

Plus, many law school students are adults who have jobs as well as families. They often don’t have the time nor the money to travel to campuses in order to take part in something that they could have easily accomplished online.

It’s also appropriate to recognize here that the current learning ecosystems out there continue to move more towards hybrid/blended learning models as well as a hyflex model. 

The ABA is not serving law school students nor our citizenry well at all in this regard.

 

America’s Lawyerless Courts — from americanbar.org by Anna E. Carpenter, Colleen F. Shanahan, Jessica K. Steinberg, and Alyx Mark

Excerpt:

Our research reveals an unavoidable truth: The civil justice system is broken in state civil courts. There is a massive disconnect between what courts were designed to do—solve legal disputes through lawyer-driven, adversarial litigation—and what these courts are asked to do today—help people without lawyers navigate complex social, economic and interpersonal challenges, most of which are deeply tied to structural inequality. As one judge we observed told a courtroom full of litigants, “This courtroom is like the emergency room.”

Five key findings from our work highlight the scope and nature of the crisis: State civil courts are primarily lawyerless, traditional adversary litigation has largely disappeared, the judicial role is not working, the law is not developing, and people’s court experiences amplify inequality and human suffering.

 

I think we’ve run out of time to effectively practice law in the United States of America [Christian]


From DSC:
Given:

  • the accelerating pace of change that’s been occurring over the last decade or more
  • the current setup of the legal field within the U.S. — and who can practice law
  • the number of emerging technologies now on the landscapes out there

…I think we’ve run out of time to effectively practice law in the U.S. — at least in terms of dealing with emerging technologies. Consider the following items/reflections.


Inside one of the nation’s few hybrid J.D. programs — from highereddive.com by Natalie Schwartz
Shannon Gardner, Syracuse law school’s associate dean for online education, talks about the program’s inaugural graduates and how it has evolved.

Excerpt (emphasis DSC):

In May, Syracuse University’s law school graduated its first class of students earning a Juris Doctor degree through a hybrid program, called JDinteractive, or JDi. The 45 class members were part of almost 200 Syracuse students who received a J.D. this year, according to a university announcement.

The private nonprofit, located in upstate New York, won approval from the American Bar Association in 2018 to offer the three-year hybrid program.

The ABA strictly limits distance education, requiring a waiver for colleges that wish to offer more than one-third of their credits online. To date, the ABA has only approved distance education J.D. programs at about a dozen schools, including Syracuse.

Many folks realize this is the future of legal education — not that it will replace traditional programs. It is one route to pursue a legal education that is here to stay. I did not see it as pressure, and I think, by all accounts, we have definitely proven that it is and can be a success.

Shannon Gardner, associate dean for online education  


From DSC:
It was March 2018. I just started working as a Director of Instructional Services at a law school. I had been involved with online-based learning since 2001.

I was absolutely shocked at how far behind law schools were in terms of offering 100% online-based programs. I was dismayed to find out that 20+ years after such undergraduate programs were made available — and whose effectiveness had been proven time and again — that there were no 100%-online based Juris Doctor (JD) programs in the U.S. (The JD degree is what you have to have to practice law in the U.S. Some folks go on to take further courses after obtaining that degree — that’s when Masters of Law programs like LLM programs kick in.)

Why was this I asked? Much of the answer lies with the extremely tight control that is exercised by the American Bar Association (ABA). They essentially lay down the rules for how much of a law student’s training can be online (normally not more than a third of one’s credit hours, by the way).

Did I say it’s 2022? And let me say the name of that organization again — the American Bar Association (ABA).

Graphic by Daniel S. Christian

Not to scare you (too much), but this is the organization that is supposed to be in charge of developing lawyers who are already having to deal with issues and legal concerns arising from the following technologies:

  • Artificial Intelligence (AI) — Machine Learning (ML), Natural Language Processing (NLP), algorithms, bots, and the like
  • The Internet of Things (IoT) and/or the Internet of Everything (IoE)
  • Extended Reality (XR) — Augmented Reality (AR), Mixed Reality (MR), Virtual Reality (VR)
  • Holographic communications
  • Big data
  • High-end robotics
  • The Metaverse
  • Cryptocurrencies
  • NFTs
  • Web3
  • Blockchain
  • …and the like

I don’t think there’s enough time for the ABA — and then law schools — to reinvent themselves. We no longer have that luxury. (And most existing/practicing lawyers don’t have the time to get up the steep learning curves involved here — in addition to their current responsibilities.)

The other option is to use teams of specialists, That’s our best hope. If the use of what’s called nonlawyers* doesn’t increase greatly, the U.S. has little hope of dealing with legal matters that are already arising from such emerging technologies. 

So let’s hope the legal field catches up with the pace of change that’s been accelerating for years now. If not, we’re in trouble.

* Nonlawyers — not a very complimentary term…
I hope they come up with something else.
Some use the term Paralegals.
I’m sure there are other terms as well. 


From DSC:
There is hope though. As Gabe Teninbaum just posted the resource below (out on Twitter). I just think the lack of responsiveness from the ABA has caught up with us. We’ve run out of time for doing “business as usual.”

Law students want more distance education classes, according to ABA findings — from abajournal.com by Stephanie Francis Ward

Excerpt:

A recent survey of 1,394 students in their third year of law school found that 68.65% wanted the ability to earn more distance education credits than what their schools offered.


 

Looking Forward and Backward at Legal Technology – 2021 and 2022 — from legaltechmonitor.com by Dennis Kennedy, Tom Mighell, Debbie Foster

Excerpt:

Tom Mighell and I, with help from Debbie Foster, continued our annual tradition of looking backward and forward at #legaltech at the end/beginning of each year on our podcast. Of course, we do that in our own way.

Here are the two episodes of The Kennedy-Mighell Report podcast:

  • Pardon the Interruption: 2021 Edition
  • Dennis & Tom’s 2022 Tech Resolutions

Also see:

Also see:

Check out this year's ABA Tech Show

 

American Bar Association (ABA) calls on lawyers to join push to tackle the student debt crisis — from abajournal.com by Reginald Turner

Excerpts:

Graduating from law school and starting a legal career should be an exciting and hopeful time. But for far too many, student debt causes apprehension and struggle.

A 2020 ABA survey found the average debt for law school graduates has increased to more than $150,000—a staggering amount that affects their personal and professional lives and adversely impacts the economy.

The survey found 95% of respondents borrowed money for their JD degrees. Of those who borrowed, more than 80% indicated student debt has disrupted the trajectory of their career or personal life, causing them to weigh salary more heavily in their job selection or put off home purchases, marriage, children or vacations.

While some law school graduates land high-paying jobs at big firms, that is not the reality for the majority. Many new lawyers work at lower-paying public sector jobs—at nonprofits serving disadvantaged individuals; in prosecutors’ and public defenders’ offices; and at local, state and federal government agencies.

 

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.

 

 

 

AI and the Future of Lawyering & Law Firms – Northwestern Law and Technology Initiative — from youtube.com by Northwestern Law & Technology Initiative as moderated by Dan Linna; with thanks to Gabe Teninbaum for this resource.

Artificial Intelligence is transforming the future of work. AI has the potential to automate and augment many tasks. This transformation is leading to the creation of new roles and jobs to be done. How will AI impact the work of lawyers, legal professionals, and law firms? Our panelists will discuss the future of work, the work of lawyers and structure of law firms, and current uses of AI for legal services today.

Speakers:

  • Hyejin Youn, Assistant Professor of Management & Organizations, Kellogg School of Management, Northwestern University
  • Mari Sako, Professor of Management Studies, Saïd Business School, University of Oxford
  • Stephen Poor, Partner and chair emeritus, Seyfarth

Moderator:

  • Daniel W. Linna Jr., Senior Lecturer & Director of Law and Technology Initiatives, Northwestern Pritzker School of Law & McCormick School of Engineering
 

Could 2021 Be The Year Of Civil Justice Reform? — from law360.com by Cara Bayles

Excerpt:

Now, any tenant in Boulder, regardless of means, can get an attorney to represent them in housing court for free. While a handful of other cities like New York and San Francisco offer similar programs, there is no universal right to an attorney in eviction cases.

Justice advocates are hoping that could change. COVID-19, they say, has drawn attention to access to justice issues that have plagued civil proceedings for years. They hope the tragedies of 2020 can fuel reform in 2021.

Six months into the pandemic, millions of Americans had fallen behind on rent. One statistic that civil justice advocates have known for years became apparent — that while 90% of landlords have legal counsel in eviction proceedings, only 10% of tenants do.

 

 

From DSC:
Reading through the article below, I can’t help but wonder…how might the eviction crisis impact higher education?


 

Losing a Home Because of the Pandemic Is Hard Enough. How Long Should It Haunt You? — from nytimes.com by Barbara Kiviat (professor of sociology) and Sara Sternberg Greene (law professor)
Americans who default on their rent may find it hard to escape lasting effects on their financial future.

Excerpts:

Millions of Americans have fallen behind on rent during the Covid-19 pandemic, prompting the passage of eviction moratoriums and rental assistance plans. But as policymakers have struggled to meet the needs of tenants and landlords, they’ve largely overlooked a crucial fact: The looming eviction crisis isn’t just about falling behind on rent and losing one’s home to eviction. It’s also about the records of those events, captured in court documents and credit reports, that will haunt millions of Americans for years to come.

Just as criminal records carry collateral consequences — preventing people from getting jobs, renting apartments and so on — blemishes on a person’s financial history can have far-ranging effects. Records of evictions can prevent Americans from renting new places to live, and debts and lawsuits related to unpaid rent can follow people as they apply for jobs, take out insurance policies, apply for mortgages and more. The process starts when landlords report late payments directly, file for eviction, sue in small claims court and hire debt collectors to pursue back rent. Those paper trails of unpaid rent and eviction get sucked into the digital warehouses of credit bureaus and data brokers.

 

 

 
© 2024 | Daniel Christian