professional wordpress themes

Five items related to the legal industry

On 08/26/2022, in Access to Justice (A2J), Artificial Intelligence/Agents/LLMs/and Related, cloud-based computing / apps / other cloud-related, data related items, law schools, Legal operations, legal reform, legal technologies, legislatures / government / legal, United States, using teams, vendors, by Daniel Christian

The Finalists of the American Legal Technology Awards Are…! — from artificiallawyer.com

Excerpt:

After receiving 225 submissions across eight categories, the American Legal Technology Awards have today announced the lucky finalists. They include a wide range of companies and individuals, ranging from judges, to law firms, to startups and larger legal tech businesses. So, without further ado, here are the finalists in the table below, with three finalists in each category.

Looking For Trouble And Finding It: The ABA Resolution To Condemn Non-Lawyer Ownership — from professionalresponsibility.fkks.com by Ron Minkoff

Excerpt:

At the ABA Annual Meeting last week, the Illinois State Bar Association (“ISBA”), the New York State Bar Association (“NYSBA”), and several ABA entities sponsored Local Resolution 402 (hereafter, the “ISBA Resolution”) in an effort to stop the entire ABA – if not the entire American legal profession – from permitting non-lawyer ownership of law firms, in any form.  The ISBA Resolution read as follows:

Teaching (and Pressuring) Law Professors to Teach Technology – Katie Brown (TGIR Ep. 171) — from legaltechmonitor.com by Greg Lambert & Marlene Gebauer

Excerpt (emphasis DSC):

In her view, law professors “are required to educate people so that they can go out into the practice and successfully do that. And so beyond just, rule 1.1 with legal technology and having that competency, for us as law schools, I think we have an ethical obligation to be teaching legal technology.” This approach needs to be embedded into the Law School’s culture, because it costs money, time, and effort to do correctly.

From DSC:
Agree. I completely agree.

Understanding The Justice Gap — from medium.com by Kevin Golembiewski

Excerpt:

The law is a language. Pleading, cause of action, discovery, hearsay, res judicata, statute of limitations, civil procedure. To understand and protect your legal rights, you must learn this language and the complex rules that govern it. Or you must find an interpreter — that is, a lawyer. No different than if you were in a foreign country without an interpreter, if you have a legal problem but no lawyer, you cannot advocate for yourself.

That is the reality for millions of low-income Americans, according to a recent study by the Legal Services Corporation (LSC). About 50 million Americans have household incomes below 125% of the poverty threshold, and 92% of them do not have any, or enough, legal help for their civil legal issues — issues that range from eviction to domestic violence to disability benefits. Those Americans are stranded in the land of the law without an interpreter.

Litera releases The Changing Lawyer Report 2022 at ILTACON — from legalitprofessionals.com

Key takeaways

The five trends to watch, with some representative data points from the report include:

  1. Allied professionals (process managers, technologists, data analysts, etc.) play a more significant role in supporting law firms and lawyers and enhancing legal service delivery. 83% of lawyers believe that allied professionals make their job easier.
  2. Automation is everywhere, as law firms turn to AI and other technologies to enhance the speed and accuracy of legal processes across all practice areas. 91% of lawyers expect AI-based document review to become a standard part of most M&A due diligence processes.
  3. Technology and data improve client service delivery by providing real-time insights about law firm performance, pricing and budgeting, and work allocation. 78% of lawyers agree that technology helps them offer a better client experience.
  4. Cloud-based solutions are taking over, driven partly by the obvious need for remote and blended workplace access to law firm applications that arose during the pandemic. Leading types of cloud applications that have been moved to the cloud include financial and practice management (64% of firms), document management (53%), portals and intranets (35%), and business intelligence platforms (31%).
  5. Changing work expectations are a significant driver of technology adoption when lawyer recruitment and retention are challenges for law firms. A new generation of lawyers sees technology as a path to better work/life balance. 53% of lawyers ‘strongly agree’ or ‘agree’ with the statement technology makes my job more enjoyable.
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Test proctoring room scans violated college student’s privacy, judge rules [Schwartz]

On 08/25/2022, in colleges, community colleges, higher education, legislatures / government / legal, platforms, privacy, student-related, teaching & learning, technologies for your home, tools, United States, universities, user experience (UX), vendors, by Daniel Christian

Test proctoring room scans violated college student’s privacy, judge rules — from highereddive.com by Natalie Schwartz

Excerpt from Dive Brief: 

  • Cleveland State University violated the Fourth Amendment’s protection against unreasonable government searches and seizures by scanning rooms via online proctoring software before students took exams, a federal judge ruled Monday.
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#ILTACON22 Day One Roundup [Ambrogi]

On 08/23/2022, in analytics, Artificial Intelligence/Agents/LLMs/and Related, data related items, law schools, Legal operations, legal reform, legal technologies, legislatures / government / legal, tools, by Daniel Christian

#ILTACON22 Day One Roundup: News from DISCO, Docket Alarm, LexFusion, Relativity and Reveal — from legaltechmonitor.com by Bob Ambrogi

Excerpt:

[8/22/22] kicks off the first full day of ILTACON22, the annual conference of the International Legal Technology Association. Already, the day has brought a slew of news announcements from legal technology companies.

Here is a roundup of news announced this morning.

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ABA’s Profile of the Legal Profession for 2022 plus three other legal-related items

On 08/21/2022, in career development, law schools, Legal operations, legal reform, legal technologies, legislatures / government / legal, United States, vendors, workplace, by Daniel Christian

ABA’s Profile of the Legal Profession for 2022 — from americanbar.org

Here’s What the Legal Profession Looks Like in 2022 — from legaltechmonitor.com by Laura Bagby

Excerpt:

White, male attorneys continue to make up the majority of lawyers in the U.S., according to the ABA’s Profile of the Legal Profession, an annual report on diversity in the legal profession that was released last month.

However, the number of female attorneys and those from underrepresented ethnic and racial communities is growing, especially among law students and associates.

California Takes Up Law Firm Ownership Fight After ABA Sidesteps — from news.bloomberglaw.com by Sam Skolnik

Excerpt:

The fight to overhaul law firm ownership limits is moving to California after the American Bar Association sided against major changes.

State lawmakers are set to vote before the end of the month on legislation that would allow the California bar to test new legal service models to make them more affordable. An amended version of the bill would still prevent non-lawyer companies from co-owning firms, however, and ban the sharing of legal fees with non-lawyers.

Founded Just Eight Months Ago, Redgrave Data Reports ‘Enormous’ Growth in its E-Discovery and Data Services Company — from lawnext.com by Bob Ambrogi

Excerpt:

Now, eight months after its launch, Redgrave Data is reporting that it has seen enormous growth, bringing on multiple anchor clients that include some of the world’s largest tech companies — although it is not naming names — and says it plans to establish a “significant presence” in Germany by the end of the year to serve clients there and globally.

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21 Day Disability Equity Challenge: A smorgasbord of resources & reflections

On 08/15/2022, in assistive technologies, Bias | Diversity Equity & Inclusion (DE&I), business, career development, change, corporate / business world, higher education, languages and translation, legislatures / government / legal, neurodivergent/special needs, participation, policy, society, sociology, United States, vendors, workplace, by Daniel Christian

Here Are Some Dos And Don’ts Of Disability Language — from forbes.com by Andrew Pulrang

Excerpt:

Is there a way for anyone to navigate disability language clearly, safely, and respectfully?

Obviously, it’s impossible to satisfy everyone. But that doesn’t mean there are no useful guidelines. Here are a few tips to sort through the competing schools of thought on disability language, and ride the various waves of popularity and revision that disability language goes through.
…
1. Recognize obviously insulting terms and stop using or tolerating them.
2. Aim to be factual, descriptive, and simple, not condescending, sentimental, or awkward.
3. Respect disabled people’s actual language preferences.

Disability Language Style Guide — from National Center on Disaplity and Journalism (ncdj.org)

Disability and Health Overview  — from cdc.gov

Research Center | ALICE in focus studies:
Financial Hardship Among People With Disabilities

Excerpt:

According to the outdated Federal Poverty Level, 18% of people with disabilities in the U.S. lived in poverty in 2019. Yet United For ALICE data shows that another 34% were also struggling, in households that earned above the FPL but less than what it costs to afford the basics. These households are ALICE: Asset Limited, Income Constrained, Employed.

Disability & Socioeconomic Status — from the American Psychological Association (apa.org)

Excerpt:

Socioeconomic status (SES) encompasses not just income but also educational attainment, financial security, and subjective perceptions of social status and social class. Socioeconomic status can encompass quality of life attributes as well as the opportunities and privileges afforded to people within society. Poverty, specifically, is not a single factor but rather is characterized by multiple physical and psychosocial stressors. Further, SES is a consistent and reliable predictor of a vast array of outcomes across the life span, including physical and psychological health. Thus, SES is relevant to all realms of behavioral and social science, including research, practice, education and advocacy.

Those with Disabilities Earn 37% Less on Average; Gap is Even Wider in Some States — air.org

Subminimum Wage and Sheltered Workshops — from United Way of South Central Michigan

Congress enacted the Fair Labor Standards Act in 1938 as part of the New Deal; one of the Act’s provisions, Section 14 (c), grants special certificates allowing for the employment of workers with disabilities below the federal minimum wage.

Many employers operating under 14(c) have historically employed people with disabilities in segregated work centers commonly referred to as sheltered workshops. This creates a situation where the employer profits from paying sub-minimum wages to their employees with disabilities. Some states have prohibited the practice of subminimum wages and sheltered workshops altogether; however as of 2020, 46 states and the District of Columbia continue to allow 14(c) certificates. The U.S. Commission on Civil Rights revealed that in 2017 and 2018, the average wage of a person with a disability working under a 14(c) certificate was $3.34 per hour and the average number of hours worked was 16 hours per week, making the average wage just $53.44 per week.

Employment First is a state and national movement to help individuals with disabilities realize their fullest employment potential through the achievement of individual, competitive, and integrated employment outcomes. Employment First in Michigan has established guidelines to help move the state to community-based and integrated employment by using executive orders and passing legislation.

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Increasing Access to Justice [law.upenn.edu]

On 08/13/2022, in Access to Justice (A2J), higher education, law schools, Legal operations, legal reform, legal technologies, legislatures / government / legal, United States, universities, by Daniel Christian

Increasing Access to Justice — from law.upenn.edu

Excerpt:

By his second year of law school, Willis had created the idea for the Fellowship and, with the support of several key partners, was able to launch the program and begin to pursue the mission of connecting people dedicated to using innovative ideas to expand access to the justice system.

To ensure that the program remained truly inclusive and diverse, Willis has prioritized building relationships with law student affinity groups at different schools across the country. Having personally served on the board for the National Black Law Students Association, Willis knows the value of those personal connections and prioritizes promoting equity within the access to justice technology space.

“The goal really is to try to build community around this group of innovators who will address these structural issues within our legal system to really improve services for the most vulnerable populations and communities,” Willis said. “There’s always more work to be done, but I’m really proud of the changemakers who have come through the program and who are really making a name for themselves and working on important impact work.”

Also relevant/see:

As States Toy With Reform, Legal Tech Cos. Fill Justice Gap — from law360.com by Sarah Martinson; with thanks to Penn Law Future of the Profession Initiative

Excerpt:

More than 100 legal technology companies have formed in the last 10 years to provide legal assistance to millions of Americans who can’t afford an attorney, helping to bridge a gap in access to justice, while less than a handful of states have taken action to expand the practice of law.

According to the Legal Services Corporation’s 2022 Justice Gap Study, low-income Americans do not get adequate legal help for 92% of their substantial civil legal problems and the cost of legal assistance is a barrier.

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The legal industry seems to looking out for #1 — but not for the American people. [Christian]

On 08/10/2022, in Access to Justice (A2J), Canada, law schools, legal reform, legislatures / government / legal, United States, by Daniel Christian

Lawyers trying to strangle alternative legal advice — from calmatters.org by Dan Walters
“Scope of practice” conflicts are common in the California Legislature and one is a bill that would forbid the State Bar from exploring alternative legal services.

Excerpt:

There is, however, a darker side to California’s licensing system. It gives licensees monopolies over specific services defined by the Legislature.

Therefore, who is legally authorized to provide what service is ultimately as much a political issue as one of professional competency. No session of the Legislature is complete without at least one “scope of practice” battle.

Also relevant/see:

ABA Sides Against Opening Law Firms Up to New Competition — from news.bloomberglaw.com by Sam Skolnik

Excerpt (emphasis DSC):

The American Bar Association is pouring cold water on efforts to loosen restrictions on who can own law firms, including moves that could open firms up to new competition from corporations.

The group’s House of Delegates on Tuesday passed a non-binding resolution discouraging changes to state rules barring the sharing of legal fees with non-lawyers. But it also encouraged state bar groups to explore innovations designed to increase access to justice by making legal services more affordable.

“By reaffirming our core value of independence of the legal profession and the prohibition against nonlawyer ownership, the ABA House’s action today is a huge victory for all lawyers,” said Foley Hoag partner Stephen Younger, a previous president of the New York State Bar Association.

From DSC:
Yes…that emphasized part of the last paragraph seems to say it all. A victory for lawyers, but not a victory for the American people. Not for those who are trying to access the legal system. Not for those who are fighting to provide more access to justice.

Addendums on 8/13/22:

***

And it’s not just in the United States either:

***

How Did Legal Services Get So Unaffordable, and What Are We Going to Do About It? — from chicagobarfoundation.org

Excerpt:

Over the past 50 years, we gradually have gone from a time in our country where the average middle-class person or small business generally could find affordable legal services when they needed them to a time today where everyday people struggle to afford legal help and lawyers often joke that they could not afford their own services if the need arose.

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Mindful Leadership for Change [Midles]

On 07/30/2022, in change, changing business models, collaboration, communications, communities of practice, credentialing, Design Thinking, education, education reform, experimentation, face-to-face, future, game-changing environment, innovation, instructional design, K-12 related, leadership, learning, learning ecosystem, Learning Experience Design, learning hubs & pods & microschooling, learning spaces, legislatures / government / legal, microlearning, more voice more choice more control, productivity / tips and tricks, professional development, society, teachers, teaching & learning, United States, youth, by Daniel Christian

Mindful Leadership for Change — from gettingsmart.com by Rebecca Midles

Key Points

  • This blog builds upon Framing and Designing the How.
  • It digs into strategies for determining the ideal pace for implementation of innovation.

Also from gettingsmart.com, see:

States Partner on Micro-Credentials to Personalize Teacher Learning — from gettingsmart.com by Tom Vander Ark

Key Points

  • In 2020, more than 2000 educators earned more than 4000 micro-credentials.
  • Schools and systems adopted this new approach to give teachers more voice and choice in their learning.
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America’s Lawyerless Courts [Carpenter, Shanahan, Steinberg, & Mark]

On 07/27/2022, in Access to Justice (A2J), Cost of legal services - including access, Legal operations, legal reform, legal technologies, legislatures / government / legal, society, sociology, telelegal, United States, by Daniel Christian

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.

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Providing foster children with better educational outcomes [Lynch]

On 07/26/2022, in Alternatives, Bias | Diversity Equity & Inclusion (DE&I), education, education reform, K-12 related, legislatures / government / legal, neurodivergent/special needs, parents/guardians, society, student-related, United States, youth, by Daniel Christian

Providing foster children with better educational outcomes — from thetechedvocate.org by Matthew Lynch

Excerpt:

Foster children have a difficult life ahead of them. They have a higher chance of having a bad life than the rest of the population. Adults who were in foster care as children are more likely to be homeless, jobless, and on welfare than the general population. They also have higher chances of being jailed, consuming drugs and alcohol, and having physical or psychological problems.

We owe it to them to help children grow up to be productive, well-adjusted people, and none of this is their mistake. Lawmakers and educational activists should work diligently to improve foster care children’s educational possibilities by broadening their alternatives. Foster children in the United States will benefit from higher educational attainment that will prepare them for a healthy transition to adulthood.

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“Lawyers and the Metaverse”, 3 warnings re: virtual hearings, using tech to advance legal ed, & more

On 07/25/2022, in 21st century, Access to Justice (A2J), Asia, Blockchain, business, Canada, change, changing business models, cloud-based computing / apps / other cloud-related, collaboration, communications, copyright/ownership/NFTs, corporate / business world, cryptocurrencies, emerging technologies, experimentation, face-to-face, future, game-changing environment, human-computer interaction (HCI), immersion, innovation, interaction design, interactivity, law schools, legal technologies, legislatures / government / legal, new business models, platforms, privacy, society, strategy, telelegal, tools, United States, vendors, Virtual courts and law firms, Virtual Reality (VR) / worlds / learning, vision/possibilities, wearables, Web3, by Daniel Christian

How will the Metaverse Influence Business and Legal Processes? — from jdsupra.com

Excerpt:

While some will be hesitant to use the metaverse and adoption is difficult to predict, it is not going away and will undoubtedly affect internal processes, business dealings, case strategy, and more. Organizations should start thinking about the possibilities now to be better prepared for future challenges. Below are some predictions on how the metaverse will influence operations, strategy, and investments across different areas of the enterprise.

Lawyers & the Metaverse — from joetechnologist.com by Elizabeth Beattie and Joseph Raczynski

Excerpt:

In a new Q&A interview, Thomson Reuters’ technologist and futurist Joseph Raczynski offers his insight about the Metaverse and how it will impact the legal industry.

I have likely spoken to thousands of lawyers over the last several years. They are extraordinarily bright, but with one limiting factor — their dedication to their craft. This means that they do not have the time to lift their heads to see what is coming. All these emerging technologies will impact their practices in some way, as well as the business of law. At a minimum, lawyers need the opportunity to focus on the big four: AI, blockchain, workflow, and the grab bag of general emerging technology. There are a multitude of places to learn about these things, but I would include some of the classics such as Google Alerts, Twitter threads on these topics, and magazines like Wired, which should be a staple for everyone.

These legal issues should be on college business officers’ radars — from highereddive.com by Rick Seltzer
A panel at the National Association of College and University Business Officers’ annual meeting covered legal questions spanning many offices on campus.

Let’s not presume that virtual hearings are the best solution in family law — from canadianlawyermag.com by John Silvester

Excerpts:

Proponents argue that virtual hearings are less expensive for clients, leading to enhanced access to justice for those who cannot afford to pay for their lawyers to travel to a courthouse and then sit and wait for hearings to commence. Sounds reasonable, right?

Not so fast.
…
Virtual hearings are advantageous in some scenarios, but there are at least three reasons why moving to an almost entirely virtual legal world may prove problematic.

LawNext Podcast: CALI Executive Director John Mayer on Using Tech to Advance Legal Education and Access to Justice — from lawnext.com by Bob Ambrogi and John Mayer

Excerpt:

In this episode of LawNext, Mayer joins host Bob Ambrogi to discuss the history and mission of CALI and to share his thoughts on the use of technology to enhance legal education. They also talk about how and why A2J Author was developed and how it is used by courts and legal services organizations to help those who are without legal representation. Mayer also shares his thoughts on the future of innovation in law and on the future of CALI.

Louisiana Approves Virtual Custody Services and Proposes Virtual Currency Business Licensing Rules — from natlawreview.com by Moorari Shah and A.J. S. Dhaliwal

Excerpt:

Recently, the Louisiana lawmakers and regulators have taken steps to legalize operations in the state involving virtual currencies. On June 15, the Louisiana governor signed a bill that, effective August 1, 2022, will allow financial institutions and trust companies to provide virtual currency custody services to their customers as long as they satisfy certain requirements on risk-management and compliance. On June 20, the Louisiana Office of Financial Institutions (OFI) published proposed rules on licensing and regulation of virtual currency businesses in the state pursuant to the Louisiana Virtual Currency Business Act, which went into effect on August 1, 2020.

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

On 07/25/2022, in 21st century, accreditation, adult learning, Artificial Intelligence/Agents/LLMs/and Related, Augmented Reality (AR), Blockchain, change, changing business models, cloud-based computing / apps / other cloud-related, communities of practice, copyright/ownership/NFTs, corporate / business world, Cost of legal services - including access, credentialing, cryptocurrencies, dangers of the status quo, Daniel S. Christian, distance education, emerging technologies, engineering, entrepreneurship, experimentation, face-to-face, future, higher education, Holographic comms, human-computer interaction (HCI), hybrid learning, Hyflex learning, ideas, innovation, instructional design, law schools, leadership, learning ecosystem, Learning Experience Design, Learning from the Living [Class] Room, learning preferences, learning spaces, Legal operations, legal reform, legal technologies, legislatures / government / legal, Metaverse, Michigan, Mixed Reality (MR), Natural Language Processing (NLP), Near Field Communication (NFC), online learning, organizational change, pace of change, platforms, policy, productivity / tips and tricks, reinvent, robotics, skills, society, staying relevant, strategy, surviving, technology (general), telelegal, trends, Uncategorized, United States, universities, using teams, vendors, Virtual courts and law firms, Virtual Reality (VR) / worlds / learning, vision/possibilities, Web3, workplace, XR - extended reality, by Daniel 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.

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Aurora Institute: Create Learning Ecosystems & Competency-Based Pathways Aligned Across K-12, Higher Education, Career & Technical Education, & the Workforce

On 07/25/2022, in 21st century, 24x7x365 access, active learning, adult learning, Alternatives, assessment, Bias | Diversity Equity & Inclusion (DE&I), budgets, career development, change, changing business models, collaboration, colleges, communities of practice, community colleges, competency-based learning/education, corporate / business world, corporate universities / corporate training, Design Thinking, education, education reform, engagement / engaging students, experimentation, future, future of higher education, game-changing environment, higher education, ideas, innovation, instructional design, K-12 related, leadership, learning, learning ecosystem, Learning Experience Design, Learning from the Living [Class] Room, learning preferences, legislatures / government / legal, lifelong learning, love of learning, more voice more choice more control, motivation, participation, passions, personalized/customized learning, policy, real-world assignments, reinvent, skills, society, staying relevant, strategy, student-related, surviving, teachers, teaching & learning, training / L&D, United States, user experience (UX), vision/possibilities, vocational / trades, workplace, youth, by Daniel Christian

Aurora Institute: Federal Policy Priorities and Recommendations 2022 — from aurora-institute.org

Introduction:

It is critically important for our country to reimagine education and focus on investing in our future, not our past. The current K-12 education system has not produced equitable outcomes for all students. We must change policies and invest in innovation to transform our education systems. Student-centered policies are needed for true systems change and innovations for equity. We must challenge frames and investments that perpetuate tinkering with the existing system, rather than reimagining it. The time is ripe to redesign education to align with future needs and purposes to achieve human flourishing.

To ensure all learners are prepared for life’s uncertainties, as well as a more knowledge-driven workforce and economy, we must restructure the education system to universally recognize anytime, anywhere learning. Many states and districts have taken steps to move in new and improved directions, but more work must be done to meet students where they are and accelerate them to successful futures and prosperity. We must question the fundamental purposes of our education system, align our goals to that purpose, and expand learning to anytime and anyplace, with greater opportunities for next generation learning.

Aurora Institute’s latest Federal Policy Priorities represent an equity-oriented and future-focused set of recommendations designed to ensure that the nation’s education system moves from its current state to a system capable of preparing all learners with the knowledge and skills necessary to achieve lifelong success.

 

From DSC:
I post this because I like the design thinking exhibited herein. I love the idea of greater collaboration between K-12, higher education, vocational training, and the workforce/workplace. We should consider eliminating — or at least building much better bridges between the — existing silos. These silos seem to be easier to put up than they are to take down.

 

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Trends in State Courts [National Center for State Courts]

On 07/21/2022, in 21st century, innovation, law schools, Legal operations, legal reform, legal technologies, legislatures / government / legal, Michigan, by Daniel Christian

Trends in State Courts — from ncsc.org

Excerpt:

Trends in State Courts is an annual, peer-reviewed publication that highlights innovative practices in critical areas that are of interest to courts, and often serves as a guide for developing new initiatives and programs and informing and supporting policy decisions. Trends in State Courts is the only publication of its kind and enjoys a wide circulation among the state court community.

Trends in State Courts 2022
External events continue to drive change and innovation in the courts. The 2022 edition of Trends in State Courts highlights post-pandemic eviction courts and eliminating racism and bias in the courts.

Also from ncsc.org:

The key role of non-lawyer practitioners — by Dimarie Alicea-Lozada

Excerpt:

Over the last 20 years, a variety of different states have developed efforts to try to provide for non-lawyer practitioners with varying degrees of success. The intention was simple: provide affordable legal services to those who cannot afford an attorney but need help. With 1 out of 10 people in the United States involved in newly filed cases each year and 3 out of 5 in civil cases not having a lawyer, state courts have been trying to help people who otherwise will not be able to afford access legal representation. Since the COVID-19 pandemic, several states have made changes in this area.

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States Look Beyond Bar Exam to License Lawyers [Perlinger]

On 07/20/2022, in assessment, career development, change, law schools, legislatures / government / legal, skills, United States, by Daniel Christian

States Look Beyond Bar Exam to License Lawyers — from iaals.du.edu by Jonna Perlinger

Excerpt:

The bar exam has been under growing scrutiny, due to the undue financial burden it places on law graduates as well as its long history of disparate racial outcomes. In addition, minimum competence—the very thing the exam purports to assess—has historically lacked a comprehensive, evidence-based definition, prompting some to say that it’s “ineffective in gauging the knowledge and skills new lawyers need to be successful.” IAALS’ Building a Better Bar project provided the first empirically grounded definition of minimum competence and offered recommendations for how  our process for licensing lawyers must change to better serve the public; our findings indicate that many aspects of the current bar exam, including multiple-choice questions, time constraints, and being closed-book, fail to align with what we know about how to best assess minimum competence to practice law.

Fortunately, however, a growing number of states are now exploring the permanent implementation of alternative licensure approaches that would allow law school graduates to obtain their license through nontraditional avenues.

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