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.

 

 

Uh-oh: Silicon Valley is building a Chinese-style social credit system — from fastcompany.com by Mike Elgan
In China, scoring citizens’ behavior is official government policy. U.S. companies are increasingly doing something similar, outside the law.

Excerpts (emphasis DSC):

Have you heard about China’s social credit system? It’s a technology-enabled, surveillance-based nationwide program designed to nudge citizens toward better behavior. The ultimate goal is to “allow the trustworthy to roam everywhere under heaven while making it hard for the discredited to take a single step,” according to the Chinese government.

In place since 2014, the social credit system is a work in progress that could evolve by next year into a single, nationwide point system for all Chinese citizens, akin to a financial credit score. It aims to punish for transgressions that can include membership in or support for the Falun Gong or Tibetan Buddhism, failure to pay debts, excessive video gaming, criticizing the government, late payments, failing to sweep the sidewalk in front of your store or house, smoking or playing loud music on trains, jaywalking, and other actions deemed illegal or unacceptable by the Chinese government.

IT CAN HAPPEN HERE
Many Westerners are disturbed by what they read about China’s social credit system. But such systems, it turns out, are not unique to China. A parallel system is developing in the United States, in part as the result of Silicon Valley and technology-industry user policies, and in part by surveillance of social media activity by private companies.

Here are some of the elements of America’s growing social credit system.

 

If current trends hold, it’s possible that in the future a majority of misdemeanors and even some felonies will be punished not by Washington, D.C., but by Silicon Valley. It’s a slippery slope away from democracy and toward corporatocracy.

 

From DSC:
Who’s to say what gains a citizen points and what subtracts from their score? If one believes a certain thing, is that a plus or a minus? And what might be tied to someone’s score? The ability to obtain food? Medicine/healthcare? Clothing? Social Security payments? Other?

We are giving a huge amount of power to a handful of corporations…trust comes into play…at least for me. Even internally, the big tech co’s seem to be struggling as to the ethical ramifications of what they’re working on (in a variety of areas). 

Is the stage being set for a “Person of Interest” Version 2.0?

 

Autonomous robot deliveries are coming to 100 university campuses in the U.S. — from digitaltrends.com by Luke Dormehl

Excerpt:

Pioneering autonomous delivery robot company Starship Technologies is coming to a whole lot more university campuses around the U.S. The robotics startup announced that it will expand its delivery services to 100 university campuses in the next 24 months, building on its successful fleets at George Mason University and Northern Arizona University.

 

Postmates Gets Go-Ahead to Test Delivery Robot in San Francisco — from interestingengineering.com by Donna Fuscaldo
Postmates was granted permission to test a delivery robot in San Francisco.

 

And add those to ones formerly posted on Learning Ecosystems:

 

From DSC:
I’m grateful for John Muir and for the presidents of the United States who had the vision to set aside land for the national park system. Such parks are precious and provide much needed respite from the hectic pace of everyday life.

Closer to home, I’m grateful for what my parents’ vision was for a place to help bring the families together through the years. A place that’s peaceful, quiet, surrounded by nature and community.

So I wonder what kind of legacy the current generations are beginning to create? That is…do we really want to be known as the generations who created the unchecked chaotic armies of delivery drones, delivery robots, driverless pods, etc. to fill the skies, streets, sidewalks, and more? 

I don’t. That’s not a gift to our kids or grandkids…not at all.

 

 

Gartner: Top Wireless Tech Trends to Watch — from campustechnology.com by Rhea Kelly

Excerpts:

The research firm identified 10 key wireless trends worth watching as the technology continues to develop over the next five years:

  • Vehicle-to-everything (V2X) wireless. This is the technology that will allow conventional cars, self-driving cars and the road infrastructure to all share information and status data.
  • Wireless sensing. This involves using the absorption and reflection of wireless signals as sensor data for radar tracking purposes. As an example, Gartner pointed to wireless sensing as an indoor radar system for robots and drones.
 

Online programs fueling boot camp sector’s growth in 2019 — from educationdive.com by Hallie Busta

Dive Brief (emphasis DSC):

  • Growth in online programs is expected to drive gains in the boot camp sector this year, according to an annual survey from Course Report about the market for non-college boot camps.
  • More than 23,000 graduates across 110 boot camp providers are expected for 2019, a figure that is up 50% year-over-year. Online programs are expected to grow at more than three times that pace to reach 5,519 graduates in 2019 across 14 providers. Course Report counts only full-time, synchronous programs toward its online tally.
  • Boot camps are increasingly looking to companies and colleges as partners, with the latter often including credit-bearing options, Liz Eggleston, co-founder of Course Report, told Education Dive in an interview.
 

AI is in danger of becoming too male — new research — from singularityhub.com by Juan Mateos-Garcia and Joysy John

Excerpts (emphasis DSC):

But current AI systems are far from perfect. They tend to reflect the biases of the data used to train them and to break down when they face unexpected situations.

So do we really want to turn these bias-prone, brittle technologies into the foundation stones of tomorrow’s economy?

One way to minimize AI risks is to increase the diversity of the teams involved in their development. As research on collective decision-making and creativity suggests, groups that are more cognitively diverse tend to make better decisions. Unfortunately, this is a far cry from the situation in the community currently developing AI systems. And a lack of gender diversity is one important (although not the only) dimension of this.

A review published by the AI Now Institute earlier this year showed that less than 20 percent of the researchers applying to prestigious AI conferences are women, and that only a quarter of undergraduates studying AI at Stanford and the University of California at Berkeley are female.

 


From DSC:
My niece just left a very lucrative programming job and managerial role at Microsoft after working there for several years. As a single woman, she got tired of fighting the culture there. 

It was again a reminder to me that there are significant ramifications to the cultures of the big tech companies…especially given the power of these emerging technologies and the growing influence they are having on our culture.


Addendum on 8/20/19:

  • Google’s Hate Speech Detection A.I. Has a Racial Bias Problem — from fortunes.com by Jonathan Vanian
    Excerpt:
    A Google-created tool that uses artificial intelligence to police hate speech in online comments on sites like the New York Times has become racially biased, according to a new study. The tool, developed by Google and a subsidiary of its parent company, often classified comments written in the African-American vernacular as toxic, researchers from the University of Washington, Carnegie Mellon, and the Allen Institute for Artificial Intelligence said in a paper presented in early August at the Association for Computational Linguistics conference in Florence, Italy.
    .
  • On the positive side of things:
    Number of Female Students, Students of Color Tackling Computer Science AP on the Rise — from thejournal.com
 

How to do strategic planning like a futurist — from hbr.org by Amy Webb

Excerpt:

Nice, linear timelines offer a certain amount of assurance: that events can be preordained, chaos can be contained, and success can be plotted and guaranteed. Of course, the real world we all inhabit is a lot messier. Regulatory actions or natural disasters are wholly outside of your control, while other factors — workforce development, operations, new product ideas — are subject to layers of decisions made throughout your organization. As all those variables collide, they shape the horizon.

Chief strategy officers and those responsible for choosing the direction of their organizations are often asked to facilitate “visioning” meetings. This helps teams brainstorm ideas, but it isn’t a substitute for critical thinking about the future. Neither are the one-, three-, or five-year strategic plans that have become a staple within most organizations, though they are useful for addressing short-term operational goals. Deep uncertainty merits deep questions, and the answers aren’t necessarily tied to a fixed date in the future. Where do you want to have impact? What it will take to achieve success? How will the organization evolve to meet challenges on the horizon? These are the kinds of deep, foundational questions that are best addressed with long-term planning.

 

 

Why more law schools are prioritizing technology integration — from edtechmagazine.com by Eli Zimmerman
Universities are investing in video conferencing, artificial intelligence and more to ensure future lawyers remain competitive and prepared.

Excerpt:

Lawyers are beginning to show interest in incorporating technology into practice — the American Bar Association has even dedicated an entirely new section of their website to available, relevant technologies. As this interest grows, law schools are incorporating innovative solutions into their curriculums to prepare students for legal careers that will involve more technology than ever before.

The push for a more technology-oriented law school experience comes as professionals and educators become more aware of the inevitable merge of traditional practice with the tools of tomorrow.

“If we can help students understand that technology, and specifically AI, can create a much more streamlined, efficacious means of connecting lawyers to consumers of legal services, and reorient or recalibrate what it means to provide legal services by lawyers, then that’s an enormous benefit for us as legal educators in educating our students to the value and capacity of law to provide access to justice,” says Daniel Rodriguez, former dean of Northwestern University Pritzker School of Law in a Legal AI News article.

 

Also see:

  • Client-Driven Innovation: The Future of Legal Technology — from lawtechnologytoday.org by Vishal Rajpara
    Excerpt:
    After nearly 20 years of steady innovation-focused primarily on e-discovery, legal technology appears to be entering a new phase. While the legal profession as a whole is still somewhat skeptical of technology and wary of change—especially when compared to other industries—most lawyers now accept the premise that automation and process optimization are essential to managing law firms and legal departments more efficiently in a dynamic, hypercompetitive business environment that is increasingly data-driven.

 

Advanced technologies built into the platform.
Artificial intelligence technologies like machine learning, natural language processing, and data analytics must be included in legal technology platforms rather than dangled as extras for an additional cost. The utility and power of these technologies have the potential to transform the industry if organizations can apply them—at a reasonable, predictable, and sustainable cost—to workflows where they make the most sense. These capabilities are game-changers that can be applied to nearly every facet of legal operations and litigation, whether it’s ECA and TAR in discovery or billing and invoicing or long-term multi-matter management. AI and analytics help organizations leverage data to understand the details of their operations, monitor trends, refine processes, and predict budget and resource requirements.

 

 

Report: Smart-city IoT isn’t smart enough yet — from networkworld.com by Jon Gold
A report from Forrester Research details vulnerabilities affecting smart-city internet of things (IoT) infrastructure and offers some methods of mitigation.

 

What will happen when 28 billion devices are connected online? — from fastcompany.com
The Internet of Things is already well on its way. Here’s how it will impact our future.

Excerpt:

The Internet of Things (IoT) is the network that connects a staggering array of devices, from household appliances to factory machines. During a panel discussion at Cisco Live 2019 in June, two leading figures in IoT shared their thoughts on this rapidly evolving technology that has already transformed the world.

 

You’re already being watched by facial recognition tech. This map shows where — from fastcompany.com by Katharine Schwab
Digital rights nonprofit Fight for the Future has mapped out the physical footprint of the controversial technology, which is in use in cities across the country.

 

 

The future of work in America — from mckinsey.com by Jacques Bughin,  James Manyika. and Jonathan Woetzel | July 2019

Excerpts (emphasis DSC):

Local economies across the country have been on diverging trajectories for years, and ***they are entering the automation age from different starting points.*** Our view incorporates the current state of local labor markets as well as the jobs that could be lost and gained in the decade ahead.

 

 

The US labor market looks markedly different today than it did two decades ago. It has been reshaped by dramatic events like the Great Recession but also by a quieter ongoing evolution in the mix and location of jobs. In the decade ahead, the next wave of technology may accelerate the pace of change. Millions of jobs could be phased out even as new ones are created. More broadly, the day-to-day nature of work could change for nearly everyone as intelligent machines become fixtures in the American workplace.

The labor market could become even more polarized. Workers with a high school degree or less are four times as likely as those with a bachelor’s degree to be displaced by automation. Reflecting more limited access to education, Hispanic workers are most at risk of displacement, followed by African Americans. Jobs held by nearly 15 million workers ages 18–34 may be automated, so young people will need new career paths to gain an initial foothold in the working world. Roughly 11.5 million workers over age 50 could also be displaced and face the challenge of making late-career moves. The hollowing out of middle wage work could continue.

The future of work is not just about how many jobs could be lost and gained. Technology is altering the day-to-day mix of activities associated with more and more jobs over time. The occupational mix of the economy is changing, and the demand for skills is changing along with it. Employers will need to manage large-scale workforce transformations that could involve redefining business processes and workforce needs, retraining and moving some people into new roles, and creating programs for continuous learning. This could be an opportunity to upgrade jobs and make them more rewarding. The choices that employers make will ripple through the communities in which they operate.

 

The need for a next gen learning platform is quickly approaching us!
Either that, or colleges and universities better get FAR more
responsive/nimble, and focus FAR more on lifelong learning.
This is not a joke.

This is not just text on a web page.
This is a future that’s barreling
at us at amazingly fast speeds.
A new chapter is coming at us quickly.

 

 

Top 10 Digital Transformation Trends For 2020 –from forbes.com by Daniel Newman

Excerpt (emphasis DSC):

A faster WiFi for a faster world: Although WiFi 6 and 5G are completely different technologies, both will be bringing us much faster processing and wireless connection speeds in 2020. 5G and WiFi 6 working in concert will create the perfect end-to-end combination of ultra-fast connectivity for home and office. Expect download speeds up to 3x faster than were achievable with WiFi 5, but that isn’t the best measure of the new standard’s value. The real value of WiFi 6 will be its ability to extend faster data speeds to far more devices than WiFi 5 was able to manage.

 

I opted out of facial recognition at the airport — it wasn’t easy — from wired.com by Allie Funk

Excerpt (emphasis DSC):

As a privacy-conscious person, I was uncomfortable boarding this way. I also knew I could opt out. Presumably, most of my fellow fliers did not: I didn’t hear a single announcement alerting passengers how to avoid the face scanners.

As I watched traveler after traveler stand in front of a facial scanner before boarding our flight, I had an eerie vision of a new privacy-invasive status quo. With our faces becoming yet another form of data to be collected, stored, and used, it seems we’re sleepwalking toward a hyper-surveilled environment, mollified by assurances that the process is undertaken in the name of security and convenience. I began to wonder: Will we only wake up once we no longer have the choice to opt out?

Until we have evidence that facial recognition is accurate and reliable—as opposed to simply convenient—travelers should avoid the technology where they can.

 

To figure out how to do so, I had to leave the boarding line, speak with a Delta representative at their information desk, get back in line, then request a passport scan when it was my turn to board. 

 

From DSC:
Readers of this blog will know that I am generally a pro-technology person. That said, there are times when I don’t trust humankind to use the power of some of these emerging technologies appropriately and ethically. Along these lines, I don’t like where facial recognition could be heading…and citizens don’t seem to have effective ways to quickly weigh in on this emerging technology. I find this to be a very troubling situation. How about you?

 

Daniel Christian -- A technology is meant to be a tool, it is not meant to rule.

 

 

Reflections on “Clay Shirky on Mega-Universities and Scale” [Christian]

Clay Shirky on Mega-Universities and Scale — from philonedtech.com by Clay Shirky
[This was a guest post by Clay Shirky that grew out of a conversation that Clay and Phil had about IPEDS enrollment data. Most of the graphs are provided by Phil.]

Excerpts:

Were half a dozen institutions to dominate the online learning landscape with no end to their expansion, or shift what Americans seek in a college degree, that would indeed be one of the greatest transformations in the history of American higher education. The available data, however, casts doubt on that idea.

Though much of the conversation around mega-universities is speculative, we already know what a mega-university actually looks like, one much larger than any university today. It looks like the University of Phoenix, or rather it looked like Phoenix at the beginning of this decade, when it had 470,000 students, the majority of whom took some or all of their classes online. Phoenix back then was six times the size of the next-largest school, Kaplan, with 78,000 students, and nearly five times the size of any university operating today.

From that high-water mark, Phoenix has lost an average of 40,000 students every year of this decade.

 

From DSC:
First of all, I greatly appreciate both Clay’s and Phil’s thought leadership and their respective contributions to education and learning through the years. I value their perspectives and their work.  Clay and Phil offer up a great article here — one worth your time to read.  

The article made me reflect on what I’ve been building upon and tracking for the last decade — a next generation ***PLATFORM*** that I believe will represent a powerful piece of a global learning ecosystem. I call this vision, “Learning from the Living [Class] Room.” Though the artificial intelligence-backed platform that I’m envisioning doesn’t yet fully exist — this new era and type of learning-based platform ARE coming. The emerging signs, technologies, trends — and “fingerprints”of it, if you will — are beginning to develop all over the place.

Such a platform will:

  • Be aimed at the lifelong learner.
  • Offer up major opportunities to stay relevant and up-to-date with one’s skills.
  • Offer access to the program offerings from many organizations — including the mega-universities, but also, from many other organizations that are not nearly as large as the mega-universities.
  • Be reliant upon human teachers, professors, trainers, subject matter experts, but will be backed up by powerful AI-based technologies/tools. For example, AI-based tools will pulse-check the open job descriptions and the needs of business and present the top ___ areas to go into (how long those areas/jobs last is anyone’s guess, given the exponential pace of technological change).

Below are some quotes that I want to comment on:

Not nothing, but not the kind of environment that will produce an educational Amazon either, especially since the top 30 actually shrank by 0.2% a year.

 

Instead of an “Amazon vs. the rest” dynamic, online education is turning into something much more widely adopted, where the biggest schools are simply the upper end of a continuum, not so different from their competitors, and not worth treating as members of a separate category.

 

Since the founding of William and Mary, the country’s second college, higher education in the U.S. hasn’t been a winner-take-all market, and it isn’t one today. We are not entering a world where the largest university operates at outsized scale, we’re leaving that world; 

 

From DSC:
I don’t see us leaving that world at all…but that’s not my main reflection here. Instead, I’m not focusing on how large the mega-universities will become. When I speak of a forthcoming Walmart of Education or Amazon of Education, what I have in mind is a platform…not one particular organization.

Consider that the vast majority of Amazon’s revenues come from products that other organizations produce. They are a platform, if you will. And in the world of platforms (i.e., software), it IS a winner take all market. 

Bill Gates reflects on this as well in this recent article from The Verge:

“In the software world, particularly for platforms, these are winner-take-all markets.

So it’s all about a forthcoming platform — or platforms. (It could be more than one platform. Consider Apple. Consider Microsoft. Consider Google. Consider Facebook.)

But then the question becomes…would a large amount of universities (and other types of organizations) be willing to offer up their courses on a platform? Well, consider what’s ALREADY happening with FutureLearn:

Finally…one more excerpt from Clay’s article:

Eventually the new ideas lose their power to shock, and end up being widely copied. Institutional transformation starts as heresy and ends as a section in the faculty handbook. 

From DSC:
This is a great point. Reminds me of this tweet from Fred Steube (and I added a piece about Western Telegraph):

 

Some things to reflect upon…for sure.

 
© 2025 | Daniel Christian