Comprehensive Study of Regulatory Reform Finds It Is Driving ‘Substantial Innovation’ In Legal Services Delivery with No Harm to Consumers — from lawnext.com by Bob Ambrogi

Excerpt:

A Stanford Law School study published today of regulatory reforms in Utah and Arizona finds that they are “spurring substantial innovation,” that they are critical to serving lower-income populations, and that they do not pose any substantial risk of consumer harm.

“The evidence gathered in this report shows that rule reforms can spur significant innovation, both in the ownership structure of legal services providers and in the delivery models used to serve clients,” the report concludes.

Also relevant/see the following article form Penn Law’s Future of the Profession Initiative: Law 2030 Initiative/newsletter:

How A Law Prof Is Training Non-Attys As Immigrant Advocates — from law360.com by Marco Poggio

Michelle Pistone, professor at Villanova University Charles Widger School of Law, saw a bigger opportunity for online technology after using it to reach law students across the country. She realized online tech could be used to remotely train nonlawyers to become advocates for immigrants and even represent them in court, ultimately helping to combat the severe lack of legal representation in immigration cases. “This is a moment in time when we have an opportunity to think about new models for the delivery of legal services,” Pistone said.

 

Just another new Academic Year? Think again! — from The Educationalist by Alexandra Mihai

Excerpt:

Welcome to a new issue of “The Educationalist”! For many of us the new Academic Year just started or is about to start. These are busy times: catching up with our academic (and administrative) duties, reconnecting with colleagues and with students. It’s all too easy to fall back into an old pattern and go into the classroom with the same set of assumptions and expectations from previous years. That’s why I would like to call for a pause. A moment to collect our thoughts and acknowledge where we are. Think of what’s important. I believe this exercise is not a luxury; it is extremely necessary right now as it allows us to take stock of the current situation and decide on our next steps. Intentionally and not “by default”.

But how about letting go of the idea of “normal”? How about we take a moment to meaningfully reflect on our experience in the past three years in a try to see how it shaped the way we teach, learn, work, the way we interact with each other and with our environment?

 

Stanford Law School tries out income-share financing — from highereddive.com by eremy Bauer-Wolf

Excerpt:

  • Stanford Law School will allow some students to fund their law degrees with an income-share agreement, in which they will pay back tuition costs through a portion of their salaries over 12 years.
  • The law school is working with a nonprofit, Flywheel Fund for Career Choice, on the pilot program, which will initially be open to 20 students. The law school attendees will be able to have up to $170,000 of their tuition covered upfront in exchange for paying back 10% of their salaries.
 

Legal technology trends – insights from 751 legal professionals — from wolterskluwer.com
Future Ready Lawyer Survey: new and improved legal technology capabilities are driving greater resilience, improved client relations and higher performance for many organizations in the industry across Europe and the U.S. 63% of technology leading law firms report their profitability increased over the past year – more than any other firms.

Excerpt:

Legal technology report

The 2022 Survey identified industry trends across Europe and the U.S. that show:

  • The increasing importance of technology is escalating across law firms and corporate legal departments;
  • Technology is a critical factor to legal departments in firm selection and retention; and
  • The greater use of technology is among the leading changes expected in both legal departments and law firms.

The need for technology as a key driver of improved performance, efficiency and productivity is undisputed. Yet organizations struggle to optimize their use of technology, signaling improvements are still needed in change management and training on new tools.

Also relevant/see:

Legal trends report – the top 5 trends expected to impact most legal organizations — from wolterskluwer.com

Excerpt:

Challenges include complexity of compliance requirements, higher performance expectations, growing talent tensions and the escalated demand of emerging areas such as Environmental, Social and Governance (ESG).

Also relevant/see:

Why Successful Law Firms Choose Legal Technology — from natlawreview.com

Excerpt:

What it takes to manage a successful law firm has shifted. A firm’s accolades and long-standing tradition are now just a drop in the bucket for prospective clients.

While some law firms still aren’t sold on the use of legal technology, the top-performing firms today embrace legal technology by aligning their business operations with the digital processes that influence their clients’ daily lives. By implementing modern processes these firms experience predictable cash flow, increased visibility, improved productivity, and increased client satisfaction, to name a few.

 

Course Awareness in HyFlex: Managing unequal participation numbers — from hyflexlearning.org by Candice Freeman

Excerpt:

How do you teach a HyFlex course when the number of students in various participation modes is very unequal? How do you teach one student in a mode – often in the classroom? Conversely, you could ask how do you teach 50 asynchronous students with very few in the synchronous mode(s)? Answers will vary greatly depending from teacher to teacher. This article suggests a strategy called Course Awareness, a mindfulness technique designed to help teachers envision each learner as being in the instructor’s presence and engaged in the instruction regardless of participation (or attendance) mode choice.

Teaching HyFlex in an active learning classroom

From DSC:
I had understood the hyflex teaching model as addressing both online-based (i.e., virtual/not on-site) and on-site/physically-present students at the same time — and that each student could choose the manner in which they wanted to attend that day’s class. For example, on one day, a student could take the course in room 123 of Anderson Hall. The next time the class meets, that same student could attend from their dorm room.

But this article introduces — at least to me — the idea that we have a third method of participating in the hyflex model — asynchronously (i.e., not at the same time). So rather than making their way to Anderson Hall or attending from their dorm, that same student does not attend at the same time as other students (either virtually or physically). That student will likely check in with a variety of tools to catch up with — and contribute to — the discussions. As the article mentions:

Strategically, you need to employ web-based resources designed to gather real-time information over a specified period of time, capturing all students and not just students engaging live. For example, Mentimeter, PollEverywhere, and Sli.do allow the instructor to pose engaging, interactive questions without limiting engagement time to the instance the question is initially posed. These tools are designed to support both synchronous and asynchronous participation. 

So it will be interesting to see how our learning ecosystems morph in this area. Will there be other new affordances, pedagogies, and tools that take into consideration that the faculty members are addressing synchronous and asynchronous students as well as online and physically present students? Hmmm…more experimentation is needed here, as well as more:

  • Research
  • Instructional design
  • Design thinking
  • Feedback from students and faculty members

Will this type of model work best in the higher education learning ecosystem but not the K-12 learning ecosystem? Will it thrive with employees within the corporate realm? Hmmm…again, time will tell.


And to add another layer to the teaching and learning onion, now let’s talk about multimodal learning. This article, How to support multimodal learningby Monica Burns, mentions that:

Multimodal learning is a teaching concept where using different senses simultaneously helps students interact with content at a deeper level. In the same way we learn through multiple types of media in our own journey as lifelong learners, students can benefit from this type of learning experience.

The only comment I have here is that if you think that throwing a warm body into a K12 classroom fixes the problem of teachers leaving the field, you haven’t a clue how complex this teaching and learning onion is. Good luck to all of those people who are being thrown into the deep end — and essentially being told to sink or swim.

 

The Artificial Lawyer Guide to Legal Tech – Autumn 2022 — from artificiallawyer.com

Excerpt:

It’s been a wild ride the last couple of years, but what should we be looking out for as we move into the Autumn of 2022? Here are some thoughts from Artificial Lawyer.

 

To Improve Outcomes for Students, We Must Improve Support for Faculty — from campustechnology.com by Dr. David Wiley
The doctoral programs that prepare faculty for their positions often fail to train them on effective teaching practices. We owe it to our students to provide faculty with the professional development they need to help learners realize their full potential.

Excerpts:

Why do we allow so much student potential to go unrealized? Why are well-researched, highly effective teaching practices not used more widely?

The doctoral programs that are supposed to prepare them to become faculty in physics, philosophy, and other disciplines don’t require them to take a single course in effective teaching practices. 

The entire faculty preparation enterprise seems to be caught in a loop, unintentionally but consistently passing on an unawareness that some teaching practices are significantly more effective than others. How do we break this cycle and help students realize their full potential as learners?

From DSC:
First of all, I greatly appreciate the work of Dr. David Wiley. His career has been dedicated to teaching and learning, open educational resources, and more. I also appreciate and agree with what David is saying here — i.e., that professors need to be taught how to teach as well as what we know about how people learn at this point in time. 

For years now, I’ve been (unpleasantly) amazed that we hire and pay our professors primarily for their research capabilities — vs. their teaching competence. At the same time, we continually increase the cost of tuition, books, and other fees. Students have the right to let their feet do the walking. As the alternatives to traditional institutions of higher education increase, I’m quite sure that we’ll see that happen more and more.

While I think that training faculty members about effective teaching practices is highly beneficial, I also think that TEAM-BASED content creation and delivery will deliver the best learning experiences that we can provide. I say this because multiple disciplines and specialists are involved, such as:

  • Subject Matter Experts (i.e., faculty members)
  • Instructional Designers
  • Graphic Designers
  • Web Designers
  • Learning Scientists; Cognitive Learning Researchers
  • Audio/Video Specialists  and Learning Space Designers/Architects
  • CMS/LMS Administrators
  • Programmers
  • Multimedia Artists who are skilled in working with digital audio and digital video
  • Accessibility Specialists
  • Librarians
  • Illustrators and Animators
  • and more

The point here is that one person can’t do it all — especially now that the expectation is that courses should be offered in a hybrid format or in an online-based format. For a solid example of the power of team-based content creation/delivery, see this posting.

One last thought/question here though. Once a professor is teaching, are they open to working with and learning from the Instructional Designers, Learning Scientists, and/or others from the Teaching & Learning Centers that do exist on their campus? Or do they, like many faculty members, think that such people are irrelevant because they aren’t faculty members themselves? Oftentimes, faculty members look to each other and don’t really care what support is offered (unless they need help with some of the technology.)


Also relevant/see:


 

What if smart TVs’ new killer app was a next-generation learning-related platform? [Christian]

TV makers are looking beyond streaming to stay relevant — from protocol.com by Janko Roettgers and Nick Statt

A smart TV's main menu listing what's available -- application wise

Excerpts:

The search for TV’s next killer app
TV makers have some reason to celebrate these days: Streaming has officially surpassed cable and broadcast as the most popular form of TV consumption; smart TVs are increasingly replacing external streaming devices; and the makers of these TVs have largely figured out how to turn those one-time purchases into recurring revenue streams, thanks to ad-supported services.

What TV makers need is a new killer app. Consumer electronics companies have for some time toyed with the idea of using TV for all kinds of additional purposes, including gaming, smart home functionality and fitness. Ad-supported video took priority over those use cases over the past few years, but now, TV brands need new ways to differentiate their devices.

Turning the TV into the most useful screen in the house holds a lot of promise for the industry. To truly embrace this trend, TV makers might have to take some bold bets and be willing to push the envelope on what’s possible in the living room.

 


From DSC:
What if smart TVs’ new killer app was a next-generation learning-related platform? Could smart TVs deliver more blended/hybrid learning? Hyflex-based learning?
.

The Living [Class] Room -- by Daniel Christian -- July 2012 -- a second device used in conjunction with a Smart/Connected TV

.

Or what if smart TVs had to do with delivering telehealth-based apps? Or telelegal/virtual courts-based apps?


 

ABA cleans up accreditation rules surrounding distance education for law schools — from highereddive.com by Lilah Burke

Dive Brief (emphasis DSC):

  • Recent amendments to American Bar Association accreditation standards addressed definitions of distance education, but Leo Martinez, immediate past chair of the ABA Council for the Section of Legal Education and Admissions to the Bar, says the resolution won’t change much for law schools without waivers allowing them to conduct extra distance education.
  • The changes, made at the ABA’s annual meeting in August, were meant to clarify language in accreditation standards.
  • The ABA, which serves as the accreditor for 199 law schools and programs, requires waivers for institutions that want to offer more than one-third of J.D. program credits online. But it remains interested in reviewing distance education.

From DSC:
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?

Here’s the pace of change in the world today:

The exponential pace of change is like warp speed for the U.S.S. Enterprise (Star Trek) or the hyperdrive on the Millennium Falcon (Star Wars).

Yet here’s the pace that the American Bar Association (@ABAesq) has been taking — and continues to take — at least in the area of supporting online-based learning as well as in developing sandboxes/new methods of improving access to justice (#A2J):

.

It’s high time the ABA did their research re: online-based learning and majorly picked up their pace. Undergraduate online-based education started back in the late 1990’s for crying out loud! (And the number of students taking one or more of their courses completely online has been increasing ever since that time.)

Plus, many law school students are adults who have jobs as well as families. They often don’t have the time nor the money to travel to campuses in order to take part in something that they could have easily accomplished online.

It’s also appropriate to recognize here that the current learning ecosystems out there continue to move more towards hybrid/blended learning models as well as a hyflex model. 

The ABA is not serving law school students nor our citizenry well at all in this regard.

 

Top Tools for Learning 2022 [Jane Hart]

Top Tools for Learning 2022

 

Top tools for learning 2022 — from toptools4learning.com by Jane Hart

Excerpt:

In fact, it has become clear that whilst 2021 was the year of experimentation – with an explosion of tools being used as people tried out new things, 2022 has been the year of consolidation – with people reverting to their trusty old favourites. In fact, many of the tools that were knocked off their perches in 2021, have now recovered their lost ground this year.


Also somewhat relevant/see:


 

How Neural Nets Are Liberating Legal Search from the Keyword Prison — from lawnext.com by Bob Ambrogi

Excerpt:

Why does this matter? Because in legal search, we should be able to search concepts and circumstances. We should be able to search for legal holdings or fact patterns even when the words do not square up.

That is the keyword prison in which we remain locked.

Well, your liberator is here, and she comes in the form of the neural network. It is technology that enables search queries to find highly relevant results, even when the results contain not even one of the search terms.

Not only do neural nets free search from the constraints of keywords, but they also humanize it, making search operations function more like our brains – thus the “neural” moniker.

 

Mixed reactions as ABA considers tossing LSAT mandate — from highereddive.com by Jeremy Bauer-Wolf
Comments are pouring in from law professors, students and test prep companies as the association ponders chucking the exam requirement.

Excerpt:

The American Bar Association’s proposal to remove requirements that applicants submit entrance exam scores — notably the Law School Admission Test — has so far drawn a mixed reaction from legal professionals and academics.

Pro Bono Net Launches Redesigned LawHelp.org — from connectingjusticecommunities.com by Jessica Darling

Excerpt:

Pro Bono Net is pleased to announce the launch of the redesigned and expanded LawHelp.org, the national gateway to nonprofit legal aid resources and referrals in the U.S. This inviting and inclusive redesign allows users to more easily find and access help for fundamental legal  needs.

LawHelp.org was created to help people without lawyers understand their rights, make informed decisions, and connect to help in their local community. This national platform provides referrals to trusted civil legal aid resources in every U.S. state and territory, including a network of 20 statewide legal information portals developed using the LawHelp platform.



 

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

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.
 

Writing Effective Learning Objectives — from facultyecommons.com

Excerpt:

When you are writing course- or module-level objectives or outcomes, remember to always be “SMART!” SMART stands for specific, measurable, attainable, relevant, and time-bound.
.

 

#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.

 
© 2022 | Daniel Christian