How technology and law changes for career development — from lawtechnologytoday.org by Manan Ghadawala

Excerpt:

But things have been changing in technology and law over the years. Let us look at these developments in technology and law and also see how technology already [is] — and will — impact legal careers.

Joni Pirovich from Hall & Wilcox explained, “As technology trends are pervasive across all industries, it’s now incumbent upon law firms to ensure lawyers have a good starting language to interpret technology concepts and how they interact with legal principles.”

The increase in law firm technology did surprise some people. Forbes found out that there was a 713% jump in investments in technology for law firms in 2018—almost 1.63 billion USD—bolstered mostly by the arrival of eDiscovery, which is an electronic method for finding important information specific investigations or suits.

#Automation #MachineLearning #AI #BigData

 

 

Juris announces launch of AI powered software to help people solve their own legal problems — from finance.yahoo.com

Excerpt:

Legal technology company Juris has announced the launch of their service, DepositLetter, an online tool built to recover illegally withheld security deposits on behalf of renters. Customers complete a five-minute online interview and Juris does the rest automatically to show their former landlord that they know their rights under the law, to demand their money back, and even threaten to sue. DepositLetter is the first service built on the Juris Virtual Legal Assistant platform, a law-powered A.I. expert system made to help people solve their own legal problems.

Also see:

Millennial lawyers demand mobility. Are law firms ready to provide it? from law.com by Alex Babin
Like it or not, remote work is coming to the legal world. Even among law firms, the development of policies to accommodate work performed away from the office appears to be a notable trend.

Excerpt:

Like it or not, remote work is coming to the legal world. Even among law firms, where I am repeatedly reminded that the adoption of technology tends to lag behind other workplaces and industries, the development of policies to accommodate work performed away from the office appears to be a notable trend. In part, this is being driven by increasing numbers of millennials in the legal workforce. According to a 2019 Deloitte survey, nearly 75% of millennials think a “work-from-home” or “work remotely” policy is important. But the changing perspective is also very likely a function of a broader transition in the legal industry toward technology-enabled efficiency.

 

Some of the topics/items mentioned include:

  • Technologists join lawyers in creating the legal realm of the future.
  • Future lawyers will need to either have project managers on staff or be able to manage projects themselves.
  • Lifelong learning is now critically important. One doesn’t necessarily need to be able to code, but one needs to be constantly learning.
  • Need to understand legal principles but you will also need to have augmented skills (which will differ from person to person)
  • New business and delivery models. Don’t presuppose that the current model will always be around.
  • There will be fewer traditional roles/practices. Traditional roles are sunsetting; new skillsets are needed.
  • Students: Do your due diligence; read up on the industry and think about whether there’s a good fit. Learn your craft. Get experience. Be who you are. Bring your unique brand to the table.
 

Coming down the pike: A next generation, global learning platform [Christian]

From DSC:
Though we aren’t quite there yet, the pieces continue to come together to build a next generation learning platform that will help people reinvent themselves quickly, efficiently, constantly, and cost-effectively.

Learning from the living class room

 

Learning from the living class room

 

Learning from the living class room

 

Virtual access to legal assistance becoming mainstream is hopefully not far off!

From DSC:
Along these lines, we’ll likely see more bots and virtual legal assistants that we will be able to ask questions of.

#A2J #AccessToJustice #legal #lawyers #society #legaltech #bots #videoconferencing #AI #bots #VirtualAssistants

Along these lines, also see:

Innovative and inspired: How this US law school is improving access to justice — from studyinternational.com

Excerpt:

Though court and other government websites in the US provide legal information, knowing what to search for and understanding legal jargon can be difficult for lay people.

Spot, software that is being developed at the LIT Lab, aims to fix this.

“You know you have a housing problem. But very few people think about their housing problems in terms of something like constructive eviction,” explains David Colarusso, who heads the LIT Lab. “The idea is to have the tool be able to spot those issues based upon people’s own language.”

Developed by Colarusso and students, Spot uses a machine-based algorithm to understand legal queries posed by lay persons. With Spot, entering a question in plain English like “My apartment is so moldy I can’t stay there anymore. Is there anything I can do?” brings up search results that would direct users to the right legal issue. In this case, the query is highly likely to be related to a housing issue or, more specifically, to the legal term “constructive eviction.”

 

Lastly, here’s an excerpt from INSIGHT: What’s ‘Innovative’ in BigLaw? It’s More Than the Latest Tech Tools — from news.bloomberglaw.com by Ryan Steadman and Mark Brennan

Top Innovation Factors for Success

  • The first step is always to observe and listen.
  • True innovation is about rigorously defining a client problem and then addressing it through a combination of workflow process, technology, and people.
  • Leave aside the goal of wholesale transformation and focus instead on specific client use cases.

Before revving the engines in the innovation process, the safety check comes first. Successful innovation requires a deliberate, holistic approach that takes into consideration people, process, and technology. Firms and vendors that listen and learn before implementing significant change will stand apart from competitors—and help ensure long-term success.

 

The Future Ready Lawyer — from Wolters Kluwer

Excerpts:

Leveraging technology as a strategic advantage is characteristics of high-performing businesses and professionals around the world. The same is true for the legal sector. Technology is a differentiator, and will become even more important as legal professionals recognize and leverage the unprecedented insights, capabilities and efficiencies that technology delivers. In addition, the emerging legal ecosystems will demand it, as tech-empowered players outside of the traditional legal profession continue to enter and disrupt the market.

 

Excerpt from the Future Ready Lawyer

 

 

From DSC:
It’s interesting to note how many times the words “technology” (205 times) and/or the word “technologies” (77 times) appear in that report.

 

 

Big money is betting on legal industry transformation — from forbes.com by Mark Cohen

Excerpts:

Law has been big business for decades, but only recently has significant venture capital, private equity, and entrepreneur money been pumped into the legal sector. Last year saw an eye-popping 718% increase in legal industry investment, and this year’s capital infusion through the third-quarter has already surpassed last year’s $1 billion total and could well double it. Capital is turbocharging customer-centric providers that are leveraging technology, process, new skillsets, and data to transform the legal function and the delivery of legal services.


Teaser alert: what’s to prevent Amazon, Google, or some other tech giant from entering the legal space, creating a global platform, injecting billions into infrastructure and talent, creating a global legal services hub that connects consumers with global legal delivery sources as never before imagined? Short answer: the inclination to do so.

 

Legal delivery has morphed into a three-legged stool supported by legal, technological, and business expertise. 

 

Basic elements of an interactive legal application — from nonprofittechy.com by Quinten Steenhuis

Excerpt:

So, you want to create your first interactive legal application (sometimes also called guided interview or wizard). Congratulations! Whether you are creating the next TurboTax for drafting a will or a blockbuster access to justice app for pro se debtors, there are some standard elements of the application that it will help you to understand, whether you are a developer yourself or managing an outsourced project. This will be the first in a small series of blogs about getting started in interactive app building. As I’ve built these apps both for non-profits and law firms over the last few years, I realized it can help for everyone to share the same vocabulary. This guide applies to one kind of legal app–a linear wizard-like interview that helps a pro se user create a letter, fill out a form, or perhaps complete an intake.

For the most part, these concepts apply whether you are using DocassembleHotDocsA2J AuthorContract Express, or any of a number of different platforms. Of course, they also hold true for platforms built on Docassemble, such as Documate and Community.Lawyer.

 

 

Commentary: Momentum is building to fix our legal system. Let’s seize it. — from sltrib.com by Deno Himonas, Gillian Hadfield and John Lund

Excerpts:

We like to say we are all equal under the law. And in terms of our rights, that may be true, but it’s flat wrong when it comes to access to justice. Each year millions of Americans face a legal world of confusing online privacy policies and employment contracts, painful family or small business disputes, struggles with insurers and service providers, evictions and foreclosures, and more. What unites people, from poor to upper-middle class, is the fact that the vast majority muddle through all of this without any legal help.

Why in a world with so much law do so few have access to affordable legal help? The answer is very simple: lawyers cost too much and yet there’s no good alternative.

Finally, a few states are taking steps to change this.

How bad is the problem? A 2010 study in New York found that 98% of people in court facing eviction, 99% of borrowers in consumer credit matters, and 95% of parents in child support cases were in court without a lawyer.

Lawyers don’t cost too much because they’re greedy. They cost too much because a set of rules that courts and bar associations came up with about a hundred years ago—originally intended to ensure lawyers behaved ethically—forces them to operate in a highly inefficient business model and without the capacity to embed their expertise in technologies that could drive down the cost of legal advice.

 

 

 

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.

 

 

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. 

 

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.

 

 

Justice for Some — from theatlantic.com and the American Bar Association (ABA)

Excerpts:

Today in the United States, millions of people like Carol lack access to basic legal resources for a variety of reasons. They forgo legal action because they find the system too overwhelming, for example, or because they perceive it to be too expensive. Many simply do not know when they qualify for legal services in the first place. And it isn’t an issue that affects only the elderly. Middle-class Americans, recent college graduates, first-generation immigrants, and new parents can all experience barriers to accessing the legal resources they need.

This issue affects lawyers, too.

DEFENDANTS FACING JAIL TIME in criminal cases have a constitutional right to be provided an attorney, but many people are surprised to learn there is no equivalent guarantee for individuals in civil cases. Typically, defendants in such cases—including divorces, domestic violence orders, home foreclosures, evictions, wills, and immigration applications—are responsible for attaining their own legal representation. And therein lies the gap.

By one estimate from the Legal Services Corporation1, 86 percent of low-income people with civil legal problems received inadequate or no legal help in the past year. Between 2015 and 2018, roughly 80 percent to 90 percent of domestic relations cases in Philadelphia involved at least one self-represented party. In 2016, 75 percent of low-income rural households experienced a civil legal problem, but only 22 percent sought professional legal help. And in 2017, 90 percent of evicted tenants in New York City never made an appearance in court.

 

“Search results have a huge influence on what people trust,” Hagan says. “If Google tells someone that an answer to their legal question is the number-one hit, people assume that it’s correct, unaware that it may be based on laws in another state. We have seen people click on Australian legal advice even if they’re in California.”

 

“We know the most successful technological solutions to the access-to-justice gap involve collaboration with lawyers, with technologists, with entrepreneurs and, hopefully to an increasing extent, with consumers,” Rodriguez says. “The object of what we’re doing is to improve the ability of lawyers to provide representation, not to supplant their businesses.”

 

The Age of AI: How Will In-house Law Departments Run in 10 Years? — from accdocket.com by Elizabeth Colombo

Excerpt:

2029 may feel far away right now, but all of this makes me wonder what in-house law might look like in 10 years. What will in-house law be like in an age of artificial intelligence (AI)? This article will look at how in-house law may be different in 10 years, focusing largely on anticipated changes to contract review and negotiation, and the workplace.

 

Also see:
A Primer on Using Artificial Intelligence in the Legal Profession — from jolt.law.harvard.edu by Lauri Donahue (2018)

Excerpt (emphasis DSC):

How Are Lawyers Using AI?
Lawyers are already using AI to do things like reviewing documents during litigation and due diligence, analyzing contracts to determine whether they meet pre-determined criteria, performing legal research, and predicting case outcomes.


Document Review

Analyzing Contracts

Legal Research

Predicting Results
Lawyers are often called upon to predict the future: If I bring this case, how likely is it that I’ll win — and how much will it cost me? Should I settle this case (or take a plea), or take my chances at trial? More experienced lawyers are often better at making accurate predictions, because they have more years of data to work with.

However, no lawyer has complete knowledge of all the relevant data.

Because AI can access more of the relevant data, it can be better than lawyers at predicting the outcomes of legal disputes and proceedings, and thus helping clients make decisions. For example, a London law firm used data on the outcomes of 600 cases over 12 months to create a model for the viability of personal injury cases. Indeed, trained on 200 years of Supreme Court records, an AI is already better than many human experts at predicting SCOTUS decisions.

 

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.

 

 
© 2024 | Daniel Christian