CEO Roundtable With Ari Kaplan: Legal services and legal tech CEOs reflect on 2022 and offer perspectives for 2023 — from abajournal.com by Ari Kaplan

CEO Roundtable With Ari Kaplan: Legal services and legal tech CEOs reflect on 2022 and offer perspectives for 2023

Also see:

Legal Services Corporation Awards $4.6 Million in Technology Grants to 29 Legal Aid Organizations — from lsc.gov

Excerpt:

WASHINGTON—The Legal Services Corporation (LSC) announced today that it is awarding 33 Technology Initiative Grants (TIG) to 29 legal services providers totaling $4,679,135. These organizations will use the funds to leverage technology in delivering high-quality legal assistance to low-income Americans.

Grant recipients have used this funding to enhance cybersecurity, build educational platforms, strengthen program capacity and support the work of pro bono attorneys. Successful TIG projects are often replicated by organizations around the country, creating wide-reaching impacts.

A Debate on Nonlawyer Participation Part II: Ralph Baxter Explores the State Bar Obligation to Improve Access to Justice — from legaltechmonitor.com by Natalie Anne Knowlton

Excerpt:

Stephen Younger argues against nonlawyer ownership on the grounds that it would threaten the independence of the legal profession and would not solve the access to justice crisis. In contrast, Ralph Baxter offers a pro-reform perspective, arguing that reforms are necessary to meaningfully address the access to justice crisis—and that state bar association inaction on these issues constitutes a dereliction of duty.

In part one of this two-part IAALS blog series, we explored Younger’s argument in “The Pitfalls and False Promises of Nonlawyer Ownership of Law Firms.” This piece details Baxter’s opposing perspective as set out in “Dereliction of Duty: State-Bar Inaction in Response to America’s Access-to-Justice Crisis.”

Top 4 legal technology news stories of 2022 — from abajournal.com by Nicole Black

In the meantime, looking back on the top legal technology news stories is a great way to identify key trends that hint at what’s to come for lawyers and their clients in 2023 and beyond.

The Top 10 Law & Tech Stories of 2022 Countdown – 1. The Next Era of Litigation — from jdsupra.com

Attorneys and their client are looking for a more secure, more familiar, more intuitive, more efficient virtual environment than the mass-market videoconference platforms that were hastily deployed during the pandemic. 

ABA Lawyers Broadly Support Remote Depositions — from lexology.com

Excerpt:

Eighty-eight percent of lawyers responding to a recent American Bar Association survey said they prefer the use of remote depositions in their practices. Another 93% supported the use of remote technologies for all pretrial hearings.

The survey results are further evidence of the rapid and profound transition toward wider use of remote technologies in the legal profession.
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NextGen Justice Tech: What regulatory reform could mean for justice tech — from thomsonreuters.com Kristen Sonday

Excerpts (emphasis DSC):

One year in, the Utah Supreme Court had approved 30 companies, including those that created initiatives to provide individuals help completing court forms and receiving legal advice via chatbot.

The ruling is monumental because it allows legal professionals to provide guidance on completing legal forms that might be applied to other areas of law, including through online tools that can reach exponentially more individuals.

“By ruling in favor of Upsolve, the Southern District of New York… established a new First Amendment right in America: the right for low-income families to receive free, vetted, and accountable legal advice from professionals who aren’t lawyers,” said Rohan Pavuluri, Upsolve’s Co-Founder and CEO.

UChicago Medicine partners with legal aid lawyers to offer legal help to victims of violence — from abajournal.com by Debra Cassens Weiss

Excerpt:

The University of Chicago Medicine is working with Legal Aid Chicago to embed lawyers at the system’s trauma center in Chicago’s Hyde Park neighborhood to help victims of violence.

Legal AI: A Lawyer’s New Best Friend? — from legaltechmonitor.com by Stephen Embry

Excerpt:

The real question AI poses for the legal profession, says Susskind, is to what extent machines can be used to reduce uncertainty posed by problems. The fundamental question, says Susskind, is thus what problems lawyers are currently trying to solve that machines can solve better and quicker. The lawyer’s job in the future will be to focus on what clients really want: outcomes. Machines can’t provide outcomes, only reduce the uncertainty surrounding the potential outcomes, according to Susskind.

What Does Copyright Say about Generative Models? Not much. — from oreilly.com by Mike Loukides

Excerpt:

Ultimately we need both solutions: fixing copyright law to accommodate works used to train AI systems, and developing AI systems that respect the rights of the people who made the works on which their models were trained. One can’t happen without the other.

‘Complicit bias’ and ‘lawfare’ among top new legal terms in 2022 — from abajournal.com by Debra Cassens Weiss

Excerpt:

“Complicit bias” tops a list of new legal terms and expressions in 2022 compiled by law professors and academics who are on a committee for Burton’s Legal Thesaurus.

Law360 has a story on the top new terms and their meanings. According to the story, “complicit bias” refers to “an institution or community’s complicity in sustaining discrimination and harassment.”

Law360 listed 10 top legal terms, including these:

Why 2023 Will Be The Year of AI + My First Music Video — from legallydisrupted.com by Zach Abramowitz
ChatGPT Did Not Write This Song

 

Thriving education systems, thriving youth — from events.economist.com by Economist Impact

Some of the key topics to be discussed include:

  • What are the challenges in how we measure learning outcomes today, and how does this need to transform?
  •  What is a learning ecosystem? What does a successful learning ecosystem look like?  
  • What factors enable the development of thriving learning ecosystems?  
  • Who are the key stakeholders that make up the learning ecosystem? How do different stakeholders see their role in the learning ecosystem?
  • Which national policies need to be in place to support effective education ecosystems?
  • What information and data do we need to assess how well learning ecosystems are performing?
  • What data do we need to collect so that we don’t perpetuate traditional approaches to defining and measuring success? 

 

Police are rolling out new tech without knowing their effects on people — from The Algorithm by Melissa Heikkilä

Excerpt:

I got lucky—my encounter was with a drone in virtual reality as part of an experiment by a team from University College London and the London School of Economics. They’re studying how people react when meeting police drones, and whether they come away feeling more or less trusting of the police.

It seems obvious that encounters with police drones might not be pleasant. But police departments are adopting these sorts of technologies without even trying to find out.

“Nobody is even asking the question: Is this technology going to do more harm than good?” says Aziz Huq, a law professor at the University of Chicago, who is not involved in the research.

 

Michigan flags 112 low-performing schools for intensive intervention — from mlive.com by Matthew Miller

Excerpt:

“These are the urban high minority districts, right? So they were the ones that had the highest death rates, the highest case rates, the highest income and economic hits because of the pandemic,” she said. “We know that all of this goes into what we label as school quality even though it’s about so much more than the school or the district.”

The full list is here >>

From DSC:
I surely hope that what’s going on in the image below isn’t what’s going on within the state of Michigan (as well as other states) — but I have my fears/concerns in that regard. Though admittedly, my focus here isn’t so much about the financial pictures, but rather it has to do with the straight-jacketing of the teachers and students by legislators in Lansing (and other state capitals). If I were to redraw this image, I would have legislators in (far-away) Lansing seated in comfortable chairs and offices while frazzled/overworked educators are straight-jacketed in the classrooms.

We have too many standardized tests and too many one-size-fits-all methods of “doing school” that aren’t coming from the people on the front lines. Those same people, given the right environment, could unleash a far greater amount of joy, wonder, relevance, creativity, and counsel — for themselves as well as for their students.

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The ‘Digital Equity’ Students Need to Learn May Not Come Without Community Outreach — from edsurge.com by Daniel Mollenkamp

Excerpt:

And that means, more than ever, getting an education requires access to fast, reliable internet. But while the infrastructure to make sure that everyone can use the internet has improved in the last couple of years, the process isn’t complete.

If we want to keep the digital divide from growing, experts say, it’ll mean districts thinking about themselves as just one part of the larger community composed of families, nonprofits, businesses—all of them potential partners in expanding internet access for students.

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Missing an Opportunity: Ed Dept. Criticized by GAO for Teacher Shortage Strategy — from the74million.org by Marianna McMurdock
In recent report, GAO finds key recruitment, retention challenges impacting the profession, and why current federal strategy lacks teeth to succeed

Excerpt:

The challenge of cost of entry into the profession and concerns of return on investment, the GAO report found, is also significantly straining the country’s supply of teachers. Compounding the financial reality, many candidates fear being overworked and mistreated.

“The COVID-19 pandemic laid bare teachers’ discontent with aspects of their jobs, including a lack of support for their safety and value as professionals and an increasingly disrespectful and demanding workplace culture—and exacerbated teacher shortages nationwide,” the GAO stated, pulling data from focus groups held throughout the pandemic.


Addendum on 12/10/22:

 

The incredible shrinking future of college — from vox.com by Kevin Carey

Excerpt:

The future looks very different in some parts of the country than in others, and will also vary among national four-year universities, regional universities like Ship, and community colleges. Grawe projects that, despite the overall demographic decline, demand for national four-year universities on the West Coast will increase by more than 7.5 percent between now and the mid-2030s. But in states like New York, Ohio, Michigan, Wisconsin, Illinois, and Louisiana, it will decline by 15 percent or more.

Higher ed’s eight-decade run of unbroken good fortune may be about to end.

Demand for regional four-year universities, per Grawe, will drop by at least 7.5 percent across New England, the mid-Atlantic, and Southern states other than Florida and Texas, with smaller declines in the Great Plains. Community colleges will be hit hard in most places other than Florida, which has a robust two-year system with a large Latino population.

The next generation of higher education leaders will take scarcity as a given and “return on investment” as both sales pitch and state of mind.

The decline of American higher education — from youtube.com by Bryan Alexander and Kevin Carey

 

Most Colleges Omit or Understate Net Costs in Financial-Aid Offers, Federal Watchdog Finds — from chronicle.com by Eric Hoover

Excerpt:

Nine out of 10 colleges either exclude or understate the net cost of attendance in their financial-aid offers to students, according to estimates published in a new report by the Government Accountability Office. The watchdog agency recommended that Congress consider legislation that would require institutions to provide “clear and standard information.”

The lack of clarity makes it hard for students to decide where to enroll and how much to borrow.

The report, published on Monday, paints a troubling picture of an industry that makes it difficult for consumers to understand the bottom line by presenting insufficient if not downright misleading information. Federal law does not require colleges to present financial-aid offers in a clear, consistent way to all students.

Higher ed faces ‘deteriorating’ outlook in 2023, Fitch says — from highereddive.com by Rick Seltzer

Dive Brief (excerpt):

  • U.S. higher education faces a stable but deteriorating credit outlook in 2023, Fitch Ratings said Thursday, taking a more pessimistic view of the sector’s future than it had at the same time last year.
  • Operating performance at colleges and universities will be pressured by enrollment, labor and wage challenges, according to the bond ratings agency. Colleges have been able to raise tuition slightly because of inflation, but additional revenue they generate generally isn’t expected to be enough to offset rising costs.

Merger Watch: Don’t wait too long to find a merger partner. Closure does not benefit anybody. — from highereddive.com by Ricardo Azziz
Leaders fail students, employees and communities when they embrace a strategy of hope in the face of overwhelming evidence.

Excerpt:

While not all institutions can (or should be) saved, most institutional closures reflect the failure of past governing boards to face the fiscal reality of their institution — and to plan accordingly and in a timely manner. Leaders should always consider and, if necessary, pursue potential partnerships, mergers, or consolidations before a school has exhausted its financial and political capital. The inability or unwillingness of many leaders to take such action is reflected in the fact that the number of institutional closures in higher education far outweighs the number of successful mergers.

In fact, the risk of closure can be predicted. In a prior analysis several coauthors and I reported on a number of risk factors predictive of closure, noting that most schools at risk for closure are small and financially fragile, with declining enrollment and limited resources to mount significant online programs. While there are many clear signs that a school is at risk for closure, the major challenge to mounting a response seems to be the unwillingness of institutional leaders to understand, face and act on these signs.

What can colleges learn from degrees awarded in the fast-shrinking journalism field? — from highereddive.com by Lilah Burke
Bachelor’s degrees offer solid payoffs, while grad programs post mixed returns, researchers find. But many students don’t go on to work in the field.

Excerpt:

Journalism jobs are hard to find. But it’s nice work when you can get it.

That’s the takeaway from a new report from the Georgetown University Center on Education and the Workforce on the payoff of journalism programs. An analysis of federal education and labor data reveals that journalism and communication bachelor’s degrees offer moderate payoff to their graduates, but only 15% of majors end up working in the field early in their careers. Newsroom employment has declined 26% since 2008, and researchers predict it will fall 3% over the next nine years.


Addendum on 12/10/22:

A Sectorwide Approach to Higher Ed’s Future — from insidehighered.com by Sylvia M. Burwell
Institutions must seek ways to differentiate themselves even as they work together to address common challenges facing all of higher education, writes Sylvia M. Burwell.

We have to think differently about the future of higher education. And rather than limit our work to what one type of institution or program can achieve, we should look across the entire higher education sector.

A sectorwide [insert DSC: system-wide] approach is needed because the economics of higher education are not going to hold.

To evolve our thinking on these questions, we should focus on the value proposition of higher education and market differentiation.

 




CIO Review > Legal Technology postings

Example resources:


Also see:

PODCAST EPISODE 369: USING SPACED REPETITION FOR YOUR LAW SCHOOL AND BAR EXAM STUDIES (W/GABRIEL TENINBAUM)

In this episode we discuss:

  • Some background on our guest Gabe Teninbaum, and why he’s passionate about spaced repetition
  • The theory behind spaced repetition and how it works in practice
  • Using spaced repetition to memorize material as a law student
  • How early in your study should you start using the spaced repetition technique?
  • Does learning with spaced repetition as a law student help lay the foundation for bar study?
  • How you can use the spacedrepetition.com website for your law school and bar exam studies
 

2023 Higher Education Trend Watch — from educause.edu

2023 Higher Education Trend Watch

Also see:

2023 Strategic Trends Glossary — from educause.edu

Excerpts:

  • Closer alignment of higher education with workforce needs and skills-based learning
  • Continuation and normalization of hybrid and online learning
  • Continued adoption and normalization of hybrid and remote work arrangements
  • Continued resignation and migration of leaders and staff from higher education institutions
  • Declining public funding for higher education
  • …and more
 

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
 

A Guide to Solar Jobs for the Previously Incarcerated — from ecowatch.com by Kristina Zagame; with thanks to Elisa Andrew for this resource

Elisa writes:

As you know, employment and education are two of the biggest barriers to successful re-entry for formerly incarcerated people. At the same time, clean energy employers consistently cite a lack of skilled, qualified workers as their primary barrier to market expansion. There’s a huge opportunity for solar to pave a pathway to stable employment for those looking to re-enter the workforce.

That’s why our EcoWatch team created a comprehensive guide on how those who were previously incarcerated can get training in the industry through existing solar programs and apprenticeships:

A Guide to Solar Jobs for the Previously Incarcerated
https://www.ecowatch.com/solar-jobs-for-formerly-incarcerated.html

Excerpt:

Formerly incarcerated people continue to face huge obstacles in finding stable employment. According to a recent report, roughly 60% of people released from federal prison are jobless. Research also suggests that those who did find jobs were given no job security or upward mobility.

Mass incarceration is a crisis in this country much like climate change. While many seem aware of it, not enough action has been taken to rectify the situation. Meanwhile, controversy, stigma and misinformation surrounding the issues spread as fast as West Coast wildfires.

But what if climate action could become the key to helping those formerly incarcerated re-enter the workforce?

 

Tech Survey 2022 — from lawtechnologytoday.org

Excerpt:

The ABA Legal Technology Survey Report is the most comprehensive study available of lawyers’ actual technology use, spanning a vast range of topics from security and basic office software to technology budgets, marketing tools, and much more. The survey has been published annually for more than 20 years. The 2022 edition features five volumes, each with detailed charts, tables, and trends.

TechReport 2022: Technology Budget and Planning — from lawtechnologytoday.org by Taylor Young

Excerpt:

Each year the American Bar Association’s Legal Technology Resource Center surveys ABA members to discover how lawyers are using technology in their practices nationwide. The 2022 ABA Legal Technology Survey Report is published in five volumes:  Online Research, Technology Basics & Security, Law Office Technology, Marketing & Communication Technology, Litigation Technology & E-Discovery. The published results represent one of the most comprehensive technology surveys of lawyers available.

2022 ABA Tech Survey provides information on attorney use of iPhones and iPads — from legaltechmonitor.com by Jeff Richardson

Excerpt:

For over three decades, the ABA has conducted an annual survey of lawyers to find out what legal technology they use.   These results are released every year by the ABA Legal Technology Resource Center.  The 2022 report was just released (edited by Taylor Young, and researched by Taylor Young and Joshua Poje).  There are five volumes, and you can purchase a copy using this page of the ABA website.

I have been looking at these reports every year since 2010 because they have been the best source of statistics on the use of mobile technology by lawyers.  (My reports on the prior ABA surveys are located here: 202120202019201820172016201520142013201220112010.)

AALS Selects 2023 Scholarly Papers Competition Winner — from aals.org

Excerpt (emphasis DSC):

Washington, DC (November 22, 2022) – The Association of American Law Schools (AALS) has announced the winner of the 2023 AALS Scholarly Papers Competition for law school faculty members in the field for five years or fewer.

The competition’s selection committee recognized the following outstanding paper:

    • Nicole Summers, Associate Professor, Georgetown University Law Center, “Civil Probation.”  

In “Civil Probation,” Summers investigates the outcomes of eviction settlements. Based on her empirical findings, she advances a novel theory of “civil probation” within the eviction legal system. The article will be published in an upcoming issue of Stanford Law Review.

“With eviction complaints comprising nearly a quarter of all civil filings, it’s crucial we develop policies that address the myriad ways tenants are systemically disadvantaged in the cases and ultimately harmed. I am very grateful to my mentors and colleagues for encouraging and supporting me in this project.”
 

 

 

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 Justice Gap: The Unmet Civil Legal Needs of Low-income Americans — from the Legal Services Corporation

Legal Services Corporation’s 2022 Justice Gap Report provides a comprehensive look at the differences between the civil legal needs of low-income Americans and the resources available to meet those needs. LSC’s study found that low-income Americans do not get the help they need for 92% of their civil legal problems, even though 74% of low-income households face at least one civil legal issue in a single year.

The consequences that result from a lack of appropriate counsel can be life-altering – low-income Americans facing civil legal problems can lose their homes, children and healthcare, among other things. Help can be hard to access, so LSC is working to bridge this “justice gap” by providing pro bono civil legal aid for those in need. Find out more about LSC’s work to ensure equal justice for all by tuning in to the rest of the Justice Gap video series.

For more information on the Justice Gap, visit https://justicegap.lsc.gov/.

Also relevant/see:

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Legal Services Corporation’s 2022 Justice Gap Report provides a comprehensive look at the differences between the civil legal needs of low-income Americans and the resources available to meet those needs.

 

This Copyright Lawsuit Could Shape the Future of Generative AI — from wired.com by Will Knight
Algorithms that create art, text, and code are spreading fast—but legal challenges could throw a wrench in the works.

Excerpts:

A class-action lawsuit filed in a federal court in California this month takes aim at GitHub Copilot, a powerful tool that automatically writes working code when a programmer starts typing. The coder behind the suit argues that GitHub is infringing copyright because it does not provide attribution when Copilot reproduces open-source code covered by a license requiring it.

Programmers have, of course, always studied, learned from, and copied each other’s code. But not everyone is sure it is fair for AI to do the same, especially if AI can then churn out tons of valuable code itself, without respecting the source material’s license requirements. “As a technologist, I’m a huge fan of AI ,” Butterick says. “I’m looking forward to all the possibilities of these tools. But they have to be fair to everybody.”

Whatever the outcome of the Copilot case, Villa says it could shape the destiny of other areas of generative AI. If the outcome of the Copilot case hinges on how similar AI-generated code is to its training material, there could be implications for systems that reproduce images or music that matches the style of material in their training data. 

Also legal-related, see:


Also related to AI and art/creativity from Wired.com, see:


 
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