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The Future Legal Marketplace: Innovation, Extrapreneurship, and a Law Without Walls

This presentation starts by identifying current trends and significant shifts in the law market within and outside the U.S. that are accelerating the adoption of technology and the need for innovation in legal practice and education. It then highlights some examples of innovations in how legal services are being provided and how legal education is being taught.  Ultimately,it suggests some potential paths our occupation should consider taking in the future.

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The Future Legal Marketplace: Innovation, Extrapreneurship, and a Law Without Walls

  1. 1. The Future Legal Marketplace: Innovation, Extrapreneurship, And a Law Without Walls Michele DeStefano Professor, University of Miami School of Law Founder, LawWithoutWalls Florida Bar June 2014
  2. 2. Road Map
  3. 3. This Presentation Will . . . • Identify current trends and significant shifts in the law market within and outside the U.S. that are accelerating the adoption of technology and the need for innovation in legal practice and education. • Highlight some examples of innovations in how legal services are being provided and how legal education is being taught. • Ultimately, suggest some potential paths our occupation should consider taking in the future.
  4. 4. U.S. Law Market
  5. 5. U.S. Legal Education
  6. 6. Yesterday’s Legal Services Market 36-year-old Twinkie
  7. 7. “Certain things. They should stay the way they are. You ought to be able to stick them in one of those big glass cases and just leave them alone.” J.D. Salinger, Catcher in the Rye Some People Feel This Way About the Law Market
  8. 8. Legal Services Market Is Changing
  9. 9. More Complex
  10. 10. And Less? Legal Services Market Opening Up
  11. 11. Technologiz-ation
  12. 12. More or Less Efficient?
  13. 13. More or Less Effective?
  14. 14. Globalization
  15. 15. Competition Isn’t Just the Millions of Lawyers Around the World but also NonLawyers
  16. 16. The Recession
  17. 17. The Death of Big Law??
  18. 18. Certainly Not the End of Lawyers ≠
  19. 19. Some Truth to This Trajectory
  20. 20. New Legal Businesses Rely on Tech and Process
  21. 21. Client Legal Process Reengineering: Definable, Repeatable, Predictable KMStandards
  22. 22. In-House Law Departments: Exapting Processes from Outside Law • Procurement • Six Sigma • Project Management • Refined, automated, and often on-line RFP Processes • Internal legal process outsourcing
  23. 23. Clients Want More Value
  24. 24. Dense Competitive Marketplace: Messaging Price
  25. 25. There has been a 75% rise in legal costs over the past decade (compared to a 20% rise in non-legal costs) Source: William Blair & Co., National Law Journal, Eversheds/Corporate Executive Board
  26. 26. Clients Have Been Telling Law Firms
  27. 27. Some Aren’t Listening Consider Heller Ehrman Wolf Block Thacher Proffitt & Wood strong firms that have collapsed in the recent past Others Are Listening
  28. 28. The Rise of the Legal Freegan
  29. 29. NonLawyers Offering Law-Related Services Which One is a Lawyer?
  30. 30. NonLawyer Law Related Service Providers and Law Consultants Work outside lawyer’s rules of professional conduct Aren’t necessarily trained in the law And they are eating lawyers’ leftovers
  31. 31. Professional Services Offering Globally Integrated Business Solutions, Including Law Consulting Note: Big 4 hires tons of law grads each year for tax and consulting
  32. 32. New Law Firm/Legal Services Models • Riverview Law • NovoLawyer • Clearspire • Rocket Lawyer • LegalForce • Total Attorneys • Mootus.com • Burton Law • LawDingo • Agreement24 • Legal365 • The co-operative legal services • LexMundi
  33. 33. Axiom “New Category Creation” Venture & PE $93M
  34. 34. Technology is Key to the New Law Market
  35. 35. LegalZoom Redefining “Legal” Services $66 Million from VCs
  36. 36. Rocket Lawyer
  37. 37. Charley Moore Founder, Rocket Lawyer “Our mission is to make the law affordable and simple enough for everyone to to benefit from the protections of our legal system,” noted Charley Moore, Founder of Rocket Lawyer, in a statement. “We are willing and able to continue to fight for access to low-cost legal services, even when a bigger competitor like LegalZoom comes along to try to maintain the status quo.”
  38. 38. Under-Served Markets
  39. 39. UnderServed will be Savvy Consumers
  40. 40. LegalForce: Blended Offering In-Person +On-Line Hoping to Recapture the Lost Consumer
  41. 41. ClearSpire: Blended Offering Traditional + Business Service + IT
  42. 42. Changes the Lens Through Which We View Legal Practice AND Education
  43. 43. Big Law is Innovating Too • Content: • Products and Services • Structure/Strategy: • Geographic location, Industry Sector, Talent Management • Service and Delivery
  44. 44. • Clifford Chance • Wins innovation award for using six sigma and Lean to reduce UBS’s process of closing distressed debt trades by 30 days • Allen & Ovary • 1st firm to embrace LPO – over 300 lawyers and staff in Belfast hub • Goodwin & Slaughter & May • Linklaters – matter management (client Big Law is Innovating Too
  45. 45. Rising Costs of Legal Education
  46. 46. Plummeting Law School Enrollments 2010-2013: From 50,000 to 38,000
  47. 47. Even Top Tier Law Schools are impacted . . . Seton Hall Down 43% Hamline Down 55% Applications down 38% 2010-2013 Harvard Law School has fewer acceptable applications – Harvard accepted 16% of applicants for 2015 vs. 11% year prior
  48. 48. Predicting Law School Closings
  49. 49. Impact on Legal Education
  50. 50. Technology Creating Changes in Law School Curriculum: Big & Small
  51. 51. Blackboard, Google Drive, Twitter, Facebook, Linked In, One on-line class
  52. 52. On-Line Education: MOOCs
  53. 53. 2012 “Year of MOOC” For Profit • Coursera: – More than 2 Million Registrants – Some classes more than 100,000 students – Over 370 courses – Partnerships with over 30 institutions including Brown, Princeton, and Columbia • Udacity 25 courses NonProfit – Harvard and MIT EdX Non-profit $30 million and 35courses
  54. 54. Mostly Computer Science & Math
  55. 55. But Also Legal Education
  56. 56. MOOCs Legal Education Non-Credit • Case Western Professor Michael Scharf MOOC international criminal law (Coursera) • UCL Dame Hazel MOOC English common law, (Coursera) • Harvard‘s Professor William Fisher MOOC copyright law EdX) • Yale‘s Professor Akhil Amar MOOC constitutional law (Coursera 2014)
  57. 57. MOOCs Legal Education For Credit • University of Akron School of Law MOOC Commercial Paper for course • On Line LLM Degrees e.g., Washington University
  58. 58. And Around the World
  59. 59. DOCCs – Kissing Cousin to MOOCs
  60. 60. DOCCs
  61. 61. DOCCs – Central Video
  62. 62. DOCCs- More than 1 Talking Head
  63. 63. DOCC Example
  64. 64. Professor Michele DeStefano: Innovation Tech & the Law Course Utilizing a blended technique of asynchronous lectures and in-class learn-by-doing exercises, it explores the latest innovations, entrepreneurial efforts, and technological advances in the law marketplace around the world while honing the skills lawyers of tomorrow need to excel in the new legal services industry including: technology, teaming, idea generation, project management, communication, presentation, and social networking competencies
  65. 65. Professor Michele DeStefano: Innovation Tech & the Law Course • In Person Component: • One hour in-person class sessions that include a mix of teaming and skills-based exercises along with explorative sessions on entrepreneurial ventures and innovations in the law
  66. 66. Professor Michele DeStefano: Innovation Tech & the Law Course • On-Line Component: • Assigned, pre-recorded 2-hour Virtual Thought Leader Session (VTLS) from LawWithoutWalls. • Assigned relevant reading materials on the weekly topics addressed by these sessions.
  67. 67. Completely Virtual Synchronous Offerings
  68. 68. Compliance Elliance
  69. 69. LWOW X
  70. 70. The Future?: Blended
  71. 71. Different Challenges, Different Skills, Different Tools, & Different Goals
  72. 72. Law Firms & Law Schools Must Innovate to Survive
  73. 73. Or, at Least to Differentiate to Stay Profitable
  74. 74. Double Whammy: What & How
  75. 75. How?
  76. 76. Today, two questions are commonly asked:
  77. 77. 1) When are legal educators going to start training our law students with the skills to be the global 21st Century lawyers of tomorrow? And 2) When is legal practice going to innovate to tackle the challenges of our “new” global marketplace?
  78. 78. If we depicted these two questions graphically, the picture would be of
  79. 79. . . . A Set of Pointing Fingers
  80. 80. When it Should be . . . A Pair of Clasped Hands
  81. 81. And That’s A Problem
  82. 82. MICHELE DESTEFANO FOUNDER, LAWWITHOUTWALLS PROFESSOR OF LAW INNOVATING LEGAL EDUCATION AND PRACTICE
  83. 83. Success of LWOW shows we CAN tackle both at the same time
  84. 84. Advances in Tech in 15 Years
  85. 85. Training for Jobs Not Even In Existence Yet
  86. 86. Tomorrow’s Challenge
  87. 87. Collaboration
  88. 88. Iterative
  89. 89. Mentality Between Legal Practice & Education
  90. 90. Our Challenge
  91. 91. Not Just Be Intrapreneurs intrapreneur (ˌɪntrəprəˈnɜː) n 1. a person who while remaining within a larger organization uses entrepreneurial skills to develop a new product or line of business as a subsidiary of the organization
  92. 92. Not Just Legal Entrepreneurs entrepreneur (ontrəprəˈnəː) n 1. a person who starts or organizes a business company, especially one involving risk
  93. 93. But Build A Law Without Walls LAWYERS LAW SCHOOLS
  94. 94. Our Challenge
  95. 95. Become Extrapreneurs extrapreneur (xtraprəˈnəː) n 1. a person with an entrepreneurial spirit (an intrapreneur) that not only chooses to apply those talents to their own organization but also applies those talents externally to other organizations. And then brings those experiences back internally to their own organization.
  96. 96. A More Iterative Partnership Between Law Schools + Lawyers The Market is Ready
  97. 97. However, a relationship model that is based on collaboration, interdependency, iteration, and reciprocal obligations
  98. 98. A Better Foundation for Tackling Challenges
  99. 99. Think Apple’s Parallel Production
  100. 100. Legal Education + Practice
  101. 101. Innovation, Exaptation, and Mashups
  102. 102. Scary
  103. 103. But?
  104. 104. It’s Not Just About Solving the Big Problems
  105. 105. It Doesn’t Have to Be “New” to be Innovative “Creativity is Just Connecting Things” -Steve Jobs
  106. 106. What is Exaptation? When something is borrowed from one field and used to solve a problem in a totally unrelated field.
  107. 107. Gutenberg’s Printing Press Used Mechanics of Wine Screw Press
  108. 108. Flying Bicycle?
  109. 109. Sometimes Being First is Enough
  110. 110. Intrapreneurship: Exaptation In-House Legal Departments • Procurement • Six Sigma • Project Management • Refined, automated, and often on-line RFP Processes
  111. 111. Intrapreneurship: Exaptation Law Firms • Value or flat rate billing • Ethics Officers • Opening LPOs (Allen & Overy; Goodwin Proctor) • General Counsels • New Mobile Devices to connect lawyers + clients • New Matter Management Tools for budgeting and project transparency (Linklaters) • Lean /Six Sigma (Clifford Chance)
  112. 112. Intrapreneurship/Exaptation Law Schools • Innovation and Tech Centers (Suffolk, Michigan State) • On-line virtual courses
  113. 113. Entrepreneurship in the Law KMStandards
  114. 114. Entrepreneurship in the Law • Axiom • Riverview Law • NovoLawyer • Clearspire • Rocket Lawyer • LegalForce • Total Attorneys • Burton Law • LawDingo • Agreement24 • Legal365 • The co-operative legal services • LexMundi
  115. 115. Interdependent Relationships Between Law Schools and Lawyers• Externships and Legal On Ramp placements • Clinics • Executive Education (e.g. Harvard) • White & Case and Jindal Law School • MiamiLex (United Lex and Miami) • Reinvent Law • École HEAD: 1st private Law School in France (Founded with 15+ law firm and business partners including)
  116. 116. And of Course . . . LAWWITHOUTWALLS
  117. 117. Part-virtual collaboratory Develops 21st century lawyering skills Law + Business + Technology + Innovation INNOVATING LEGAL EDUCATION AND PRACTICE
  118. 118. Break Down Barriers and Hierarchies
  119. 119. Inspire Change
  120. 120. 26 Law + Business Schools 50+ Students Bifröst University (Iceland) Stanford Law School Fordham Law School Tel Aviv University (Israel) Harvard Law School University College London (UK) IE Business School (Spain) University of Miami Law IE Law School (Spain) University of Montreal Law Indiana University Law University of São Paulo (Brazil) The Graduate Institute, Geneva University of St. Gallen (Switzerland) National Law School of India University of Sydney Law (Australia) New York Law School Wharton School of Business Peking University STL (China) York University School of Business Pontifical Catholic U (Chile) York University School of Law Sciences Po Law (France) Witwatersrand Law (South Africa) École HEAD (France) University of East London (UK)
  121. 121. Multi-Disciplinary Teams 15 TEAMS OF: • 2-3 Business and Law Students • Academic Mentor • Entrepreneur Mentor • Practitioner Mentor • Corporate Law Mentor
  122. 122. Team Topics Teams are assigned broad topics in either legal education or practice. EXAMPLE: Cyber Justice: Using Technology to Provide Legal Services to the Underserved Around the Globe
  123. 123. Team Topics Teams are assigned broad topics in either legal education or practice. EXAMPLE: The Increasing Importance of Corporate Compliance: More Jobs For Law Grads or Another Threat to Lawyers’ Monopoly?
  124. 124. Find the Cracks and Gaps
  125. 125. Turn Into Opportunities Create Business Plans
  126. 126. Examples of Projects of Worth
  127. 127. Court Systems and Technology: If I am a Legal Document Where Do I Go and How Do I Get There? • It’s finally the day you get paid, it’s judgment pay.” Judgment Pay is an online portal that harnesses the powers of crowdsourcing to help those who have obtained a favorable civil judgment collect the money they are owed. . • Support and services from LWOW Inc, a large financial services company, entrepreneurial lawyer, and marketing
  128. 128. Increasing Access to Justice and Creating New Models of Regulation: How Can the Two Go Hand-in- Hand? • Be #selfless with ProBonoPro.org, a social media platform that matches law students with relevant pro bono opportunities, allows students to track and certify their pro bono hours, and enables others to publicly endorse students’ skills. • Will be pursuing this business idea this Fall through LWOW Inc at Miami Law and likely in partnership with ProBono.net.
  129. 129. Increasing Access to Justice and Creating New Models of Regulation: How Can the Two Go Hand-in- Hand? • “Hear Victims, Help Victims, Protect Victims.” Help victims of Human Rights abuses find their voice and share their story. Nirubi is an innovative app interface that provides a secure way for NGOs to gather, record, and share witness testimony. • Winners of LWOW X.
  130. 130. Trickle Down Justice? Access to Justice for Vulnerable Client Populations • Founded a global NGO featuring a social- network-like website specifically designed to unite and connect legal, political, and community advocates around the world who fight against human trafficking. • This Project of Worth got funding from the United Nations and the 2012 Summer Olympics.
  131. 131. LWOW Arbitration Students teamed with lawyer, academic, arbitrator, and judge mentors to help them design and develop implementable solutions to procedural, regulatory, or statutory problems in arbitration. – 1) Realism in Arbitration: Making Arbitration Work in a National Space and Enforcing Awards Across the Border; – 2) Drafting Arbitration Clauses with Corporate Counsel; – 3) What’s Under the Invisibility Cloak: Transparency in Arbitration
  132. 132. LWOW Compliance • LWOW X Compliance – Students teamed up with compliance officers and academic mentors to critically analyze, internationally compare, and create solutions to pressing issues involving compliance in organizations including corporations, nonprofit organizations, and law firms. Same core values and components as the original LWOW
  133. 133. 21st Century Lawyering Skills Problem Solving Teaming Technology Entrepreneurial Social Networking Cultural Competency Business Skills New Platforms for Relationships
  134. 134. 1. KickOff 2. Virtual Dynamic Teaming 3. ConPosium Three Parts to LawWithoutWalls
  135. 135. LawWithoutWalls KickOff
  136. 136. LawWithoutWalls KickOff
  137. 137. LawWithoutWalls KickOff
  138. 138. Virtual Dynamic Teaming
  139. 139. Virtual Thought Leader Sessions Law Related Services: Legal Process Outsourcing, Legal Consulting, and Other Professional Services
  140. 140. Virtual Thought Leader Sessions  SEE JORDAN
  141. 141. LawWithoutWalls ConPosium
  142. 142. LawWithoutWalls ConPosium
  143. 143. 350+ people, 15 countries, 6 continents, and 14 time zones
  144. 144. New Platforms for Relationships Students + Mentors + Community + Technology =
  145. 145. Connections + Opportunity for Students
  146. 146. New Platforms for Relationships Law Firm Lawyer + Law Firm In-House Client + Teaming + Technology =
  147. 147. Connections and Opportunity for Law Firm Lawyer
  148. 148. Eversheds Video
  149. 149. LWOW X
  150. 150. No Magic Ball
  151. 151. The Future?: Blended
  152. 152. Vision?: Embrace Tech & Be Open to Other Models
  153. 153. LAW WITHOUT WALLS Michele DeStefano Professor, University of Miami School of Law Founder, LawWithoutWalls md@law.miami.edu
  154. 154. LawWithoutWalls Unveils 6 Fundamentals
  155. 155. 1) Find and Fill the Gaps
  156. 156. Go into the gaps. If you can find them; They shift and vanish too. Stalk the gaps. Squeak into a gap in the soil, turn, and unlock – more than a map – A universe.
  157. 157. 2) Create a Blended Universe
  158. 158. Blended in Space + Place + Discipline
  159. 159. Age + Culture
  160. 160. Virtual +In Person
  161. 161. 3) Develop a Culture of Collaboration
  162. 162. . . . Dynamic Teaming
  163. 163. 4) Dare to Disturb
  164. 164. . . . And indeed there will be time To wonder, ‘Do I dare?’ and, ‘Do I dare?” . . . Do I dare Disturb the universe? In a minute there is time For decisions and revisions which a minute will reverse. T.S. Eliot
  165. 165. 5) Accept Imperfect Offerings Ring the bells that still can ring. Forget your perfect offering. There is a crack in everything. That’s how the light gets in.” Leonard Cohen
  166. 166. Thomas Edison claimed he “failed [his] way to success.”
  167. 167. 6) Move Now and Fast
  168. 168. “Move fast and break things. Unless you are breaking stuff, you are not moving fast enough.” Mark Zuckerberg
  169. 169. Others are calling for change
  170. 170. Academic Thought Leaders: Elizabeth Chambliss, Bill Henderson, Renee Knake, John Flood, Leo Staub, Tom Morgan, Deborah Rhode, Carole Silver, Marco Salgado, Marie Claude-Rigoud Brian Tamanaha Laurel Terry, Ray Cambell, and David Wilkins
  171. 171. Practitioner Thought Leaders & Entrepreneurs : Jeffrey Carr, Susan Cartier Liebel Jordan Furlong, Mark Harris, Bryan Hughes, Stephanie Kimbro James Peters, Doug Richmond, James Batham Scott Rogers, Karan Singh, Mark Smith Andy Daws Kevin Doolan Adam Ziegler
  172. 172. have challenged law organizations or law firms or law schools to change
  173. 173. They Are All Right
  174. 174. Law School and Practice Needs to Change
  175. 175. it is time for a new kind of partnership between law schools + lawyers
  176. 176. Shared Mission
  177. 177. based on extra-preneurship collaboration interdependency and
  178. 178. LAW WITHOUT WALLS Michele DeStefano Professor, University of Miami School of Law Founder, LawWithoutWalls md@law.miami.edu

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This presentation starts by identifying current trends and significant shifts in the law market within and outside the U.S. that are accelerating the adoption of technology and the need for innovation in legal practice and education. It then highlights some examples of innovations in how legal services are being provided and how legal education is being taught.  Ultimately,it suggests some potential paths our occupation should consider taking in the future.

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