This document summarizes a presentation about innovations in the legal services market and legal education. It identifies current trends accelerating the adoption of technology and need for innovation, including the rising costs of legal services, globalization, and new non-lawyer competitors. Examples are provided of innovations like new legal businesses relying on technology and process, in-house legal departments adapting outside business models, and new law firm/legal services models. Legal education is also changing with the rise of online education like MOOCs and DOCCs. The presentation argues that both legal practice and education must innovate through collaboration to survive future challenges. It highlights LawWithoutWalls as bringing together law and business students globally to work on projects innovating legal

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. Road Map

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. U.S. Law Market

5. U.S. Legal Education

6. Yesterday’s Legal Services Market
36-year-old Twinkie

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. Legal Services Market Is
Changing

9. More Complex

10. And Less?
Legal Services Market Opening
Up

11. Technologiz-ation

12. More or Less Efficient?

13. More or Less Effective?

14. Globalization

15. Competition
Isn’t Just the Millions of Lawyers
Around the World but also
NonLawyers

16. The Recession

17. The Death of Big Law??

18. Certainly Not the End of
Lawyers
≠

19. Some Truth to This Trajectory

20. New Legal Businesses
Rely on Tech and Process

21. Client Legal Process
Reengineering: Definable,
Repeatable, Predictable
KMStandards

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. Clients Want More
Value

24. Dense Competitive Marketplace:
Messaging Price

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. Clients Have Been Telling Law
Firms

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. The Rise of the Legal Freegan

29. NonLawyers Offering
Law-Related Services
Which One is a Lawyer?

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. 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. 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. Axiom “New Category Creation”
Venture & PE $93M

34. Technology is Key
to the New Law Market

35. LegalZoom
Redefining “Legal” Services
$66 Million from VCs

36. Rocket Lawyer

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. Under-Served Markets

39. UnderServed will be Savvy
Consumers

40. LegalForce: Blended Offering
In-Person +On-Line
Hoping to Recapture the Lost Consumer

41. ClearSpire: Blended Offering
Traditional + Business Service +
IT

42. Changes
the Lens
Through
Which We
View Legal
Practice
AND
Education

43. Big Law is Innovating Too
• Content:
• Products and Services
• Structure/Strategy:
• Geographic location, Industry Sector,
Talent Management
• Service and Delivery

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. Rising Costs of Legal
Education

46. Plummeting Law School
Enrollments
2010-2013: From 50,000 to
38,000

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. Predicting
Law School Closings

49. Impact on
Legal
Education

50. Technology Creating Changes in
Law School Curriculum: Big &
Small

51. Blackboard, Google Drive, Twitter,
Facebook, Linked In, One on-line
class

53. On-Line Education: MOOCs

54. 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

55. Mostly Computer Science &
Math

56. But Also Legal Education

57. 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)

58. MOOCs Legal Education
For Credit
• University of Akron School of Law MOOC
Commercial Paper for course
• On Line LLM Degrees e.g., Washington
University

59. And Around the World

60. DOCCs – Kissing Cousin to
MOOCs

61. DOCCs

62. DOCCs – Central Video

63. DOCCs- More than 1 Talking Head

64. DOCC Example

65. 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

66. 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

67. 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.

68. Completely Virtual
Synchronous Offerings

69. Compliance Elliance

70. LWOW X

71. The Future?: Blended

72. Different Challenges, Different
Skills, Different Tools, & Different
Goals

73. Law Firms & Law Schools
Must Innovate to Survive

74. Or, at Least to Differentiate
to Stay Profitable

75. Double Whammy: What & How

76. How?

78. Today,
two questions
are commonly asked:

79. 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?

80. If we
depicted
these two
questions
graphically,
the picture
would be
of

81. . . . A Set of Pointing Fingers

82. When it Should be . . . A Pair of
Clasped Hands

83. And That’s A Problem

85. MICHELE DESTEFANO
FOUNDER, LAWWITHOUTWALLS
PROFESSOR OF LAW
INNOVATING LEGAL EDUCATION AND PRACTICE

86. Success of LWOW shows we
CAN tackle both at the same
time

87. Advances in Tech in 15 Years

88. Training for Jobs Not Even In
Existence Yet

89. Tomorrow’s Challenge

90. Collaboration

91. Iterative

92. Mentality
Between Legal Practice &
Education

93. Our Challenge

94. 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

95. Not Just Legal Entrepreneurs
entrepreneur (ontrəprəˈnəː)
n
1. a person who starts or organizes a
business company, especially one involving
risk

96. But Build A Law Without
Walls
LAWYERS
LAW SCHOOLS

97. Our Challenge

98. 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.

99. A More Iterative Partnership
Between Law Schools + Lawyers
The Market is Ready

100. However,
a relationship model
that is based on
collaboration,
interdependency,
iteration,
and reciprocal obligations

101. A Better Foundation for
Tackling Challenges

102. Think Apple’s Parallel
Production

103. Legal Education + Practice

104. Innovation, Exaptation,
and Mashups

105. Scary

106. But?

107. It’s Not Just About Solving
the Big Problems

108. It Doesn’t Have to Be “New”
to be Innovative
“Creativity is Just
Connecting Things”
-Steve Jobs

109. What is Exaptation?
When something is borrowed
from one field
and used
to solve a problem
in a totally
unrelated field.

110. Gutenberg’s Printing Press
Used Mechanics of Wine Screw Press

111. Flying Bicycle?

112. Sometimes Being First is
Enough

113. Intrapreneurship: Exaptation
In-House Legal Departments
• Procurement
• Six Sigma
• Project Management
• Refined, automated, and often on-line
RFP Processes

114. 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)

115. Intrapreneurship/Exaptation
Law Schools
• Innovation and Tech Centers
(Suffolk, Michigan State)
• On-line virtual courses

116. Entrepreneurship in the Law
KMStandards

117. 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

118. 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)

119. And of Course . . .
LAWWITHOUTWALLS

120. Part-virtual collaboratory
Develops 21st century lawyering skills
Law + Business + Technology + Innovation
INNOVATING LEGAL EDUCATION AND PRACTICE

121. Break Down Barriers and
Hierarchies

122. Inspire Change

123. 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)

124. Multi-Disciplinary Teams
15 TEAMS OF:
• 2-3 Business and Law Students
• Academic Mentor
• Entrepreneur Mentor
• Practitioner Mentor
• Corporate Law Mentor

125. 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

126. 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?

127. Find the Cracks and Gaps

128. Turn Into Opportunities
Create Business Plans

129. Examples of Projects of Worth

130. 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

131. 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.

132. 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.

133. 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.

134. 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

135. 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

136. 21st Century Lawyering Skills
Problem Solving
Teaming
Technology
Entrepreneurial
Social Networking
Cultural Competency
Business Skills
New Platforms for Relationships

137. 1. KickOff
2. Virtual Dynamic Teaming
3. ConPosium
Three Parts to LawWithoutWalls

138. LawWithoutWalls KickOff

139. LawWithoutWalls KickOff

140. LawWithoutWalls KickOff

141. Virtual Dynamic Teaming

142. Virtual Thought Leader Sessions
Law Related Services: Legal Process
Outsourcing, Legal Consulting, and Other
Professional Services

143. Virtual Thought Leader
Sessions

SEE JORDAN

144. LawWithoutWalls ConPosium

145. LawWithoutWalls ConPosium

146. 350+ people, 15 countries,
6 continents, and 14 time zones

147. New Platforms for
Relationships
Students
+
Mentors
+
Community
+
Technology
=

148. Connections + Opportunity
for Students

149. New Platforms for
Relationships
Law Firm Lawyer
+
Law Firm In-House Client
+
Teaming
+
Technology
=

150. Connections and Opportunity for
Law Firm Lawyer

151. Eversheds Video

152. LWOW X

153. No Magic Ball

154. The Future?: Blended

155. Vision?: Embrace Tech
& Be Open to Other Models

156. LAW
WITHOUT
WALLS
Michele DeStefano
Professor, University of Miami School of Law
Founder, LawWithoutWalls
md@law.miami.edu

157. LawWithoutWalls Unveils
6 Fundamentals

158. 1) Find and Fill the Gaps

159. 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.

160. 2) Create a Blended Universe

161. Blended in Space + Place +
Discipline

162. Age + Culture

163. Virtual +In Person

164. 3) Develop a Culture of
Collaboration

165. . . . Dynamic Teaming

166. 4) Dare to Disturb

167. . . . 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

168. 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

169. Thomas Edison claimed he
“failed [his] way
to success.”

170. 6) Move Now and Fast

171. “Move fast and break things.
Unless you are breaking
stuff,
you are not moving fast
enough.”
Mark Zuckerberg

172. Others
are
calling
for
change

173. 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

174. 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

175. have
challenged
law organizations
or
law firms
or
law schools
to change

176. They Are All Right

177. Law School and Practice
Needs to Change

178. it is time
for a new kind of
partnership
between
law schools + lawyers

179. Shared Mission

180. based
on
extra-preneurship
collaboration
interdependency
and

181. LAW
WITHOUT
WALLS
Michele DeStefano
Professor, University of Miami School of Law
Founder, LawWithoutWalls
md@law.miami.edu