policy

Is your Law Firm Ready for Continued Virtual Legal Proceedings? [jdsupra.com]

On 01/09/2023, in 21st century, Daniel S. Christian, emerging technologies, innovation, Legal operations, legal reform, legislatures / government / legal, Metaverse, policy, United States, vendors, videoconferencing, Virtual courts and law firms, vision/possibilities, by Daniel Christian

Is your Law Firm Ready for Continued Virtual Legal Proceedings? — from jdsupra.com

Excerpt:

For 2023, one trend is obvious: legal professionals prefer remote work. According to an ABA report on the future of the profession, 87% of lawyers say their workplaces allow them to work remotely. And in just a few years, the percentage of attorneys working exclusively in the office has dropped to less than 30%.

Also relevant/see:

The Metaverse: What Is It? How Does It Affect Law Firms? — from by Annette Choti
A new set of legal issues and advertising opportunities.

Excerpt:

Law Firms And The Metaverse
Since the Metaverse is so new, it will continue to develop and change. Distinct kinds of legal issues and implications have not been uncovered yet. The Metaverse will likely create various legal challenges in the future. This creates a new legal landscape for law firms and lawyers.

Those who anticipate the questions and challenges that may arise will be able to take advantage of this new digital market. Here are some ways a law firm can capitalize on the virtual realities of the Metaverse:

From DSC:
My point in posting this item about “The Metaverse” is not to say that it’s here…but to be sure that it’s on your legal radar. There will be enough legal ramifications of AI to last a while, but I would still recommend someone in your firm look at the place of emerging technologies — those techs not only to be leveraged by your firm but also as to what types of legal issues your lawyers will need to be up-to-speed on.

From DSC:
Below is another example of the need for Design Thinking as we rethink a cradle-to-grave learning ecosystem.

The United States Needs a Comprehensive Approach to Youth Policy — from cew.georgetown.edu

Excerpt (emphasis DSC):

On the education front, federal legislation serves as an umbrella for many state and local policies and programs. Education policy is further fragmented into K–12 and postsecondary silos.

An all-one-system approach to youth policy would support young people along the entire continuum of their journey from school to work. It would help them attain both postsecondary education and quality work experience to support their transitions from education to good jobs. In this modernized approach, preschools, elementary and secondary schools, community colleges, four-year universities, employers, and governments would all follow an integrated playbook, helping to smooth out young people’s path from pre-K–12 to college and work. To transform youth policy, systemic reforms should incorporate the following:

Five Years of ADA Web and App Lawsuits — Key Observations & Trends [blog.usablenet.com]

On 12/24/2022, in accessibility / UDL, business, colleges, community colleges, corporate / business world, legislatures / government / legal, policy, United States, universities, vendors, workplace, by Daniel Christian

Five Years of ADA Web and App Lawsuits — Key Observations & Trends — from blog.usablenet.com

Speaking of accessibility, also relevant/see:

5 Quick Writing Tips for Creating More Accessible Content — from boia.org

Thriving education systems, thriving youth [Economist Impact]

On 12/14/2022, in Africa, Asia, Australia, Canada, change, changing business models, curriculum, dangers of the status quo, Design Thinking, education, education reform, Europe, experimentation, future, health, hearts -- matters of the heart, heutagogy, homeschooling/homeschoolers, ideas, India, innovation, instructional design, K-12 related, leadership, learning, learning ecosystem, Learning Experience Design, Learning from the Living [Class] Room, learning spaces, legislatures / government / legal, lifelong learning, love of learning, parents/guardians, participation, passions, policy, political science, reinvent, skills, society, strategy, student-related, teachers, teaching & learning, trends, UK, United States, vendors, vision/possibilities, youth, by Daniel Christian

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?

The Justice Gap: The Unmet Civil Legal Needs of Low-income Americans

On 11/28/2022, in Access to Justice (A2J), ethics, hearts -- matters of the heart, law schools, Legal operations, legal reform, legislatures / government / legal, Michigan, morals/values, policy, political science, society, sociology, trends, United States, by Daniel Christian

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:

This report was mentioned by the Chief Justice of Michigan’s Supreme Court, Bridget McCormack, at her 11/4/22 presentation at the University of Pennsylvania’s Law 2030 event.
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2022 Winners of the LegalTech Breakthrough Awards — from legaltechbreakthrough.com

Categories include:

Case Management
Client Relations
Data & Analytics
Documentation
Legal Education
Practice Management
Legal Entity Management
Legal Research
Online Dispute Resolution
Contract Management
eDiscovery
Marketplaces
RegTech
Leadership

Also see:

Soaring Travel Costs Put Lawyers Back on Zoom –– from kift.com Matthew Parsons
Rising airfares and travel costs are prompting legal professionals involved in dispute resolutions to return to video conferencing.
Global Dispute Resolution: The Future of Virtual Legal Proceedings Is Shaped by Soaring Travel Costs — from matlawreview.com

With the cost of international air travel rising sharply, remote hearings are a practical alternative to in-person proceedings. International travel is expensive, and the virtual option means that it is no longer necessary to count travel as a “cost of doing business” when pursuing an international dispute. The widespread use of technology in global dispute resolution proceedings gives attorneys and their clients the option to participate remotely, which is a compelling cost saver for all parties.

Most debt lawsuits get decided without a fight. Michigan leaders want to change the rules. — from mlive.com by Matthew Miller
Excerpt:
Most of the 1.9 million debt collection cases filed in Michigan’s district courts over the past decade or so never went to trial. Usually, the defendants don’t show up to court, and debt collectors win by default, according to data compiled by the Michigan Justice for All Commission. In most cases, the courts end up garnishing defendants’ wages, income tax returns or other assets, sometimes on the basis of complaints that include little more than the name of the creditor, an account number and the balance due.

And both debt lawsuits and garnishment are more common for people living in primarily Black neighborhoods, regardless of their income.

Members of the Commission say Michigan’s rules around debt collection lawsuits don’t do enough to protect regular people, who sometimes don’t find out they’ve been sued until they see money coming out of their paychecks.

They say those rules need to change.

World-first virtual legal clinic opens for business across BC, aiming to increase affordability, diversity and reach of legal professionals — from finance.yahoo.com by Access Pro Bono

An early participant in the Law Society of BC’s Innovation Sandbox, the Clinic offers the in-person and virtual help of 25 articling students located in 15 different BC communities —from Tofino to Cranbrook— with the support of 15 supervising lawyers, four staff and dozens of local mentors. Together, they provide fixed-fee services in a wide range of areas covering everyday legal problems.

Taking stock as the world population hits 8 billion [mckinsey.com]

On 11/15/2022, in 21st century, Africa, Asia, Canada, change, Europe, future, generational differences, history, ideas, legislatures / government / legal, policy, political science, society, sociology, surviving, trends, UK, United States, vendors, vision/possibilities, by Daniel Christian

Taking stock as the world population hits 8 billion — from mckinsey.com

Excerpt:

November 13, 2022 Projections show the global population will surpass 8 billion people on November 15, and in 2023, India is expected to surpass China to become the world’s most populous nation. It was only 11 years ago that the world reached the last billion; these milestones generate considerations of resource allocation, food security, climate change, and more. Already, one in nine people can’t get enough to eat every day, even while 33 to 40 percent of our food is lost or wasted each year, according to research from senior partners Clarisse Magnin and Björn Timelin. As we continue to grow, how can we support an unprecedented population while raising the quality of life for all? Explore our insights to learn more about how to avoid a food crisis, common misconceptions around global migration, the future of an aging population, and more.

Also see:

EIEIO’s e-newsletter of 11/13/22 where it says:

This week on Tuesday, it’s projected that a baby will be born somewhere on Planet Earth that brings the population to 8 billion people. Notably, the global population reached 7 billion people just eleven years ago. When I was born, in 1962, there was 3 billion people, and the United States had a population of 180 million versus roughly 335 million today.

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What we know from Nobel Laureate Economist James Heckman out of the University of Chicago is that $1 invested in early childhood education produces a $7 return in economic gain. Moreover, while investment in education produces a compelling return at all stages, the earlier you invest in education, the higher the return.

The Digital Divide 2.0: Navigating Digital Equity and Health Equity in Education — from edsurge.com by Mordecai I. Brownlee

Excerpt:

Luckily, we don’t have to do this work alone. Mainstream awareness of the access gap is growing, which has encouraged corporations like AT&T and Comcast and organizations like United Way to respond by creating employee and community campaigns to bring forth solutions.

Such awareness has also inspired a surge in federal, state and local governments discussing solutions and infrastructure upgrades. For example, nationally, the Affordable Connectivity Program is an FCC benefit program aimed at providing affordable broadband access for work, school, health care and more. It is important to note that participants must meet the Federal Poverty Guidelines eligibility standards to receive such benefits.

Also relevant/see:

Can Colleges Reach Beyond Campus to Foster ‘Digital Equity’ in Communities? — from edsurge.com by Rebecca Koenig

Excerpt (emphasis DSC):

So his organization is working with the city of Orangeburg and Claflin University to extend the university’s broadband out into the surrounding community at affordable rates. And because research from McKinsey suggests that more than 80 percent of HBCUs are located in “broadband deserts,” it’s a strategy that may work elsewhere in the country, too.

“That makes HBCUs and other minority-serving institutions, and universities more broadly, really interesting and powerful partners in bridging the digital divide,” Ben-Avie said.

From DSC:
I virtually attended the Law 2030 Conference (Nov 3-4, 2022). Jennifer Leonard and staff from the University of Pennsylvania’s Carey Law School put together a super conference! It highlighted the need for change within the legal industry. A major shout out to Jennifer Leonard, Theodore Ruger (Law School Dean), and others!

I really appreciate Jen’s vision here, because she recognizes that the legal industry needs to involve more disciplines, more specialists, and others who don’t have a JD Degree and/or who haven’t passed the Bar. On Day 1 of the conference (in the afternoon), Jen enlisted the help of several others to use Design Thinking to start to get at possible solutions to our entrenched issues.

America, our legal system is being tightly controlled and protected — by lawyers. They are out to protect their turf — no matter the ramifications/consequences of doing so. This is a bad move on many lawyers part. It’s a bad move on many Bar Associations part. Lawyers already have some major PR work to do — but when America finds out what they’ve been doing, their PR problems are going to be that much larger. I’d recommend that they change their ways and really start innovating to address the major access to justice issues that we have in the United States.

One of the highlights for me was listening to the powerful, well-thought-out presentation from Michigan’s Chief Justice Bridget McCormack — it was one of the best I’ve ever heard at a conference! She mentioned the various stakeholders that need to come to the table — which includes law schools/legal education. I also appreciated Jordan Furlong’s efforts to deliver a 15-minute presentation (virtual), which it sounded like he worked on most of the night when he found out he couldn’t be there in person! He nicely outlined the experimentation that’s going on in Canada.

Here’s the recording from Day 1:

Jeff Selingo’s comments this week reminded me that those of us who have worked in higher education for much of our careers also have a lot of work to do as well.

Addendum on 11/8/22:

What to Know About the New Rules on Pell Grants for Prison Education [Mangan]

On 10/29/2022, in adult learning, career development, education, funding / grants, legislatures / government / legal, policy, society, sociology, United States, by Daniel Christian

What to Know About the New Rules on Pell Grants for Prison Education — from chronicle.com by Katherine Mangan

Excerpt:

The U.S. Department of Education on Thursday released final regulations that spell out how colleges can lay the groundwork for enrolling some of the more than 700,000 incarcerated people who are expected to become eligible next summer to apply for Pell Grants to pay for college.
…
The new prison-education initiative, which will take effect in July, will eventually replace the Second-Chance Pell Program, a pilot that began in 2015 under the Obama administration. Since then, it has grown to allow around 200 colleges to offer prison-education programs that are supported by Pell Grants, currently worth up to around $7,000 per year.

The Future Today Institute’s 15th Anniversary Tech Trends Report

Excerpt:

Future Today Institute’s 2022 Tech and Science Trends Report is now available. Downloaded more than 1 million times each year, FTI’s annual Tech Trends Report is a must-read for every industry. Learn the key trends impacting finance, insurance, transportation, healthcare, sports, logistics, telecom, work, government and policy, security, privacy, education, agriculture, entertainment, music, CPG, hospitality and dining, ESGs, climate, space and more. Discover critical insights. See what strategic action you can take on the futures, today.

Two neighboring states — Oregon and California — have recently come to different conclusions on whether to license paralegals to provide some legal services.

On 10/04/2022, in 21st century, 24x7x365 access, Access to Justice (A2J), change, changing business models, innovation, law schools, Legal operations, legal reform, legislatures / government / legal, new business models, policy, society, United States, webinars, by Daniel Christian

Utah’s reforms offer model for serving low-income and indigent people, report suggests — from abajournal.com by Matt Reynolds

Excerpt:

The Utah model of reform allowing nonlawyers to offer legal services could be “critical” to serving people who can’t afford them, according to a Stanford Law School study published Tuesday.

The 59-page report by the school’s Deborah L. Rhode Center on the Legal Profession offers an early look at how regulatory changes in Arizona and Utah have impacted the delivery of legal services. It also examined who is being served by innovations in those states.

Also relevant, see this upcoming webinar:

Two neighboring states — Oregon and California — have recently come to different conclusions on whether to license paralegals to provide some legal services.

In July, the Oregon Supreme Court, with the support of the Oregon State Bar’s Board of Governors, approved a proposal to allow licensed paralegals to provide limited legal services in family law and landlord/tenant cases — two areas of law with large numbers of self-represented litigants. In August, the California legislature, after opposition from some lawyers’ groups, prohibited the State Bar of California from implementing, or even proposing, any loosening of existing restrictions on the unauthorized practice of law before 2025, effectively killing a proposal to permit licensing of paraprofessionals to provide limited legal services.

This webinar will explore how and why Oregon and California reached conflicting results and identify lessons learned from both experiences.

Register >>

Also relevant/see:

IAALS Panel Explores Alternative Paths to Legal Licensure — from iaals.du.edu

Redesigning Legal: Redesigning How We License New Lawyers from IAALS on Vimeo.

Also see the following items from Natalie Anne Knowlton (@natalalleycat) on Twitter

A new study shows that Utah and Arizona’s ongoing experiments with loosening attorney regulations are offering lawyers “a host of new opportunities to extend their reach” without triggering an increase in consumer complaints. By @JgreeneJenna https://t.co/IWfpvl8o5G pic.twitter.com/85ruA2K1DN

— Reuters Legal (@ReutersLegal) October 4, 2022

“They may call it innovation; I call it shifting the profits of the legal industry to nonlawyers” – Stephen Younger via @ABAJournal https://t.co/lobRhQonu4

— Natalie Anne Knowlton (@natalalleycat) September 30, 2022

The consequences of our legal pace in the U.S. seems to already be having seriously negative ramifications [Christian]

On 10/04/2022, in change, Daniel S. Christian, data related items, emerging technologies, Europe, future, innovation, internet, IT in HE, law schools, Legal operations, legal reform, legal technologies, legislatures / government / legal, policy, political science, United States, by Daniel Christian

Also relevant/see the following post I created roughly a month ago:

In the USA, the perspectives of the ABA re: online-based learning — and their take on the pace of change — are downright worrisome.

In that posting I said:

For an industry in the 21st century whose main accreditation/governance body for law schools still won’t let more online learning occur without waivers…how can our nation expect future lawyers and law firms to be effective in an increasingly tech-enabled world?

The pace of the ABA is like that of a tortoise, while the pace of change is exponential

Is Compliance Training Killing Your Learning Culture? [Weisblatt]

On 09/30/2022, in business, corporate / business world, corporate universities / corporate training, culture, elearning, legislatures / government / legal, lifelong learning, love of learning, policy, strategy, training / L&D, workplace, by Daniel Christian

Is Compliance Training Killing Your Learning Culture? — from learningsolutionsmag.com by Adam Weisblatt

Excerpt:

There is a disconnect in learning and development departments in most large companies: On one hand there is an obligation to meet regulatory requirements for compliance training. On the other, there is the drive to improve business outcomes by creating a culture of learning.

These two forces can clash when expectations are not well defined.

Somewhat relevant/see:

Branching Scenario Podcast with Mark Parry — from christytuckerlearning.com by Christy Tucker
Mark Parry recently interviewed me for his podcast about branching scenarios, including how feedback is used to help learners in scenarios.

DSC: I post this with great hesitation. But there’s some truth in here.

On 09/12/2022, in career development, education, education reform, face-to-face, K-12 related, legislatures / government / legal, parents/guardians, policy, student-related, teachers, United States, by Daniel Christian

From DSC:
I post this with great hesitation. But there’s some truth in here.

Learning Ecosystems

Is your Law Firm Ready for Continued Virtual Legal Proceedings? [jdsupra.com]

Five Years of ADA Web and App Lawsuits — Key Observations & Trends [blog.usablenet.com]

The Justice Gap: The Unmet Civil Legal Needs of Low-income Americans

Taking stock as the world population hits 8 billion [mckinsey.com]

Lawyers already have some major PR work to do — but when America finds out what they’ve been doing, their PR problems are going to be that much larger. [Christian]

What to Know About the New Rules on Pell Grants for Prison Education [Mangan]

Two neighboring states — Oregon and California — have recently come to different conclusions on whether to license paralegals to provide some legal services.

Is Compliance Training Killing Your Learning Culture? [Weisblatt]

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