Legal education as a key stakeholder in legal services reform (276) — from legalevolution.org by Dan Rodriguez
To date, this highly influential stakeholder has had very little to say.

Excerpt:

The fierce and fascinating struggle underway in the American states over legal services reform brings to the table a large collection of interest groups.  These groups include law firms, legal aid organizations, entrepreneurs who might benefit financially from the liberalization of entry rules, and of course the gatekeeper entities, including state bar authorities and the state supreme courts, whose decisions are crucial to the evolution and shape of reform.  See Posts 239 (beginning of a four-part series on serious challenges of bar federalism).

The identity of these specific groups may differ from state to state, as the legal ecosystem has contours often tailored to a particular state’s history and objectives, but the configuration of stakeholders has some rather common elements.

What remains somewhat opaque in this robust and interconnected battle over the reform of legal services is the voice of legal educators and the law schools.  These are, after all, the places in which future lawyers are educated and professional values are instilled.  It is had to imagine a more fertile and opportune time to discuss the ambitions and philosophies of this next generation of legal professionals.

 

 

IAALS’ Comment to the Michigan Supreme Court on Virtual Proceedings and Lessons Learned from the Pandemic — from legaltechmonitor.com by Broke Meyer and Natalie Anne Knowlton

Excerpt:

IAALS, a nonpartisan, non-profit research organization, looks at ways to improve the legal system, specifically in the areas of civil justice, family justice, the judiciary, legal education, and the legal profession. IAALS has been monitoring court practices around the country as it relates to policies around virtual proceedings. As part of our Paths to Justice Summit Series, IAALS has held several virtual convenings with a diverse group of experts and stakeholders across the justice systems. From those convenings, IAALS published two issue papers, “Learning from this Nationwide Pilot Project—Reducing the Costs and Delays of Civil Litigation” and “Learning from this Nationwide Pilot Project—Ensuring Access to Justice in High-Volume Cases.” Both papers focus on lessons learned, upcoming challenges, and areas for further research. In this spirit, we hope to provide a broad perspective on the importance of retaining some of the virtual proceeding processes put in place during the pandemic.

After many years of urging reform in these cases, we have witnessed incredible innovation and adaptability in the Michigan court system during a crisis. IAALS and other leaders in civil justice reform have urged many of these reforms—such as remote hearings—for years, and we have now seen these innovations happen on the ground. Michigan should capitalize on the unique opportunity to evaluate and learn from these changes to improve access to justice.

 
 

EPISODE 91: THE INNOVATION4JUSTICE LAB – CREATING CHANGE THROUGH LEGAL EDUCATION AND MULTIDISCIPLINARY COLLABORATION — from https://www.cli.collaw.com/

We often think about legal innovation and legal education as being separate and distinct but, what if they weren’t? What if students, not just law students, could pursue their passion for change in a way that led to more people, in more places, having access to justice?

That’s the question that the Innovation4Justice (I4J) Lab asked and is answering today.

 

Timnit Gebru Says Artificial Intelligence Needs to Slow Down — from wired.com by Max Levy
The AI researcher, who left Google last year, says the incentives around AI research are all wrong.

Excerpt:

ARTIFICIAL INTELLIGENCE RESEARCHERS are facing a problem of accountability: How do you try to ensure decisions are responsible when the decision maker is not a responsible person, but rather an algorithm? Right now, only a handful of people and organizations have the power—and resources—to automate decision-making.

Since leaving Google, Gebru has been developing an independent research institute to show a new model for responsible and ethical AI research. The institute aims to answer similar questions as her Ethical AI team, without fraught incentives of private, federal, or academic research—and without ties to corporations or the Department of Defense.

“Our goal is not to make Google more money; it’s not to help the Defense Department figure out how to kill more people more efficiently,” she said.

From DSC:
What does our society need to do to respond to this exponential pace of technological change? And where is the legal realm here?

Speaking of the pace of change…the following quote from The Future Direction And Vision For AI (from marktechpost.com by Imtiaz Adam) speaks to massive changes in this decade as well:

The next generation will feature 5G alongside AI and will lead to a new generation of Tech superstars in addition to some of the existing ones.

In future the variety, volume and velocity of data is likely to substantially increase as we move to the era of 5G and devices at the Edge of the network. The author argues that our experience of development with AI and the arrival of 3G followed by 4G networks will be dramatically overshadowed with the arrival of AI meets 5G and the IoT leading to the rise of the AIoT where the Edge of the network will become key for product and service innovation and business growth.

Also related/see:

 

“Bloomberg Law 2022” Releases Today – Explores Future of Legal Industry and Practice Trends — from legaltechmonitor.com by Jean O’Grady

Excerpt:

BLOOMBERG LAW 2022 SERIES EXPLORES KEY LEGAL TRENDS THAT WILL SHAPE THE YEAR TO COME
Arlington, Va. (November 1, 2021) — Bloomberg Law today announced the availability of its Bloomberg Law 2022 series, its exploration of key issues across four major topic areas – Litigation, Transactions & Contracts, Regulatory & Compliance, and The Future of the Legal Industry – that will shape the legal market in the coming year. The full series, which is issued annually and features 25 articles from Bloomberg Law’s team of legal analysts, is available on a complimentary basis at http://onb-law.com/tXw850GAeS4.

Topic area coverage includes:

  • Litigation: Developments that will shape the course of litigation in 2022 are examined, ranging from Covid-related employment and contractual issues to emerging trends in antitrust cases and bankruptcy filings.
  • Regulatory & Compliance: Learn how a heightened enforcement environment will impact everything from return-to-office mandates to privacy and tech industry regulation to potential actions by the SEC and Congress on cryptocurrency.
  • Transactions & Contracts: Take a look at the forces shaping the transactional landscape and key markets of interest, from trends in M&A and IPOs to the nuanced impacts of new data security laws on contract language.
  • The Future of the Legal Industry: Hot topics such as diversity & inclusion and attorney well-being and the rapidly expanding areas of law such as legal operations and litigation finance are analyzed.

Also see:

Moving forward, the pandemic will have lasting implications for our justice system. The immediate focus on keeping the doors of justice open will inevitably shift to growing case backlogs, reduced funding, increased demand for low-cost legal assistance, inequities in access, and deepening concerns regarding public trust and confidence. Our justice system must be ready, but how do we create paths forward to achieve justice for all?

 

Winners Named for 2021 American Legal Technology Awards — from lawsitesblog.com by Bob Ambrogi

Excerpt:

Winners have been named for the second annual American Legal Technology Awards, a competition launched last year to honor exceptional achievements in legal technology.

This year, the competition added the announcement of a runner up and honorable mention in each category. A series of videos showcasing the winners in each category will be posted to the ALTA site between now and Nov. 10.

2021 American Legal Technology Awards

 
 

Americans Need a Bill of Rights for an AI-Powered World — from wired.com by Eric Lander & Alondra Nelson
The White House Office of Science and Technology Policy is developing principles to guard against powerful technologies—with input from the public.

Excerpt (emphasis DSC):

Soon after ratifying our Constitution, Americans adopted a Bill of Rights to guard against the powerful government we had just created—enumerating guarantees such as freedom of expression and assembly, rights to due process and fair trials, and protection against unreasonable search and seizure. Throughout our history we have had to reinterpret, reaffirm, and periodically expand these rights. In the 21st century, we need a “bill of rights” to guard against the powerful technologies we have created.

Our country should clarify the rights and freedoms we expect data-driven technologies to respect. What exactly those are will require discussion, but here are some possibilities: your right to know when and how AI is influencing a decision that affects your civil rights and civil liberties; your freedom from being subjected to AI that hasn’t been carefully audited to ensure that it’s accurate, unbiased, and has been trained on sufficiently representative data sets; your freedom from pervasive or discriminatory surveillance and monitoring in your home, community, and workplace; and your right to meaningful recourse if the use of an algorithm harms you. 

In the coming months, the White House Office of Science and Technology Policy (which we lead) will be developing such a bill of rights, working with partners and experts across the federal government, in academia, civil society, the private sector, and communities all over the country.

Technology can only work for everyone if everyone is included, so we want to hear from and engage with everyone. You can email us directly at ai-equity@ostp.eop.gov

 
 

From DSC:
What if you were working in the law office that these folks came into for help, representation, and counsel…what would you do?

Or if someone “stole” your voice for a bit:

You can see the critical role that the American Bar Association plays in helping our nation deal with these kinds of things. They are the pace-setters on the [legal] track.

 

The Disruption Of Legal Services Is Here — from forbes.com by John Arsneault

Excerpt:

For the first time in those 12 years, I am now convinced we are on the precipice of the promised disruption in legal. Not because anyone in the law firms are driving toward this — but because venture capital and tech innovators have finally turned their attention to the industry.

Legal services are a much smaller overall market than, say, retail, financial services or biotech. In the world of disruption and the promised gold rush for the companies that do the disrupting, size matters. Legal has just been low on the industry list. Its number is now up.

It’s easy to Monday morning quarterback that industry now. Easy to see how big of a threat Amazon was to those companies. But when you are being rewarded for doing what you have always done and what your predecessors always did, it’s easy to miss what is around the bend. By the time those companies’ executives realized Amazon was a direct competitor with a much better fulfillment model, it was too late.

 

ANALYSIS: Break Down Barriers to Legal Tech Usage With Training — from news.blooberlaw.com by Francis Boustany

Excerpt:

Many law firms and legal departments report barriers to using legal technology, and insufficient training may be a root cause. To help break down these barriers, organizations should consider creating more opportunities for their lawyers and staff to train on legal technology.

When asked to select what barriers to using legal technologies exist at their organizations, respondents to Bloomberg Law’s 2021 Legal Technology Survey indicated that the top obstacles are a lack of tech savvy, a lack of familiarity with available technology, and not enough time to learn the technology.


From DSC:
If it’s not already in place, all law schools should be offering curricula in this area from here on out.

 

Legal Tech’s Predictions for Legal Technology Innovation in 2022 — from legalreader.com by Smith Johnes

Excerpts:

  • By 2024, non-lawyer workers will replace 20% of generalist lawyers in legal departments.
  • Legal departments will have automated half of legal work connected to big corporate transactions by 2024.
  • Legal departments will triple their investment in legal technology by 2025.

From DSC:
What are the ramifications for law schools and legal departments if these legal tech-related predictions come true?

 

[CA] State Bar Proposes Allowing “Paraprofessionals” to Practice Law — from acbanet.org by Tiela Chalmers

Excerpt (emphasis DSC):

The [CA] State Bar currently has committees working on two proposals that would, if approved, have huge impact on the legal profession. Both committees are working on amending the legal regulatory system to address ways to expand the resources available to those needing legal help. One committee is looking particularly at tech solutions, including permitting Artificial Intelligence solutions that would automate answers to legal questions. But this blog post will focus on the one that is farther along in development – permitting “paraprofessionals” to practice some types of law, with various restrictions.

Also see:

California Paraprofessional Program Working Group — from calbar.ca.gov

Excerpt:

The State Bar’s recently published California Justice Gap Study: Measuring the Unmet Civil Legal Needs of Californians, found that 55 percent of Californians experience at least one civil legal problem in their household each year, and Californians received no or inadequate legal help for 85 percent of these problems. A lack of knowledge about what constitutes a legal issue and concerns about legal costs lead many Californians to deal with problems on their own rather than seek legal help. A thoughtfully designed and appropriately regulated paraprofessionals program is an important component of the solution to the access to legal services crisis in California by expanding the pool of available and affordable legal service providers.

 
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