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DeStefano copyright 2015 Global Lawyers, Global Law Schools: Entering the Innovation Tournament Oct 2015 Michele DeStefano Founder, Director LawWithoutWalls Professor of Law, University of Miami Visiting Professor of Law, Harvard Law School

De stefano, Global Lawyers + Global Law Schools: Entering the Innovation Tournament

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Page 1: De stefano, Global Lawyers + Global Law Schools: Entering the Innovation Tournament

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Global Lawyers,

Global Law Schools: Entering the Innovation

Tournament

Oct 2015

Michele DeStefano

Founder, Director LawWithoutWalls

Professor of Law, University of Miami

Visiting Professor of Law, Harvard Law School

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Road Map

• Forces Impacting Legal Education– The Macro

– The Meso

– The Micro

• Predictions for the Future Ecosystem– Changing the Skills Lawyers Need

– Changing How Lawyers & Business Professionals Partner to Solve Problems

– Changing How We Train Today’s & Tomorrow’s Lawyers

• Suggestions– What

– How

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Macro Forces

Reshaping the Global Market for Legal Services

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Rise of Information Technology

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The Way We Interact

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The Way We Work:

Project Time Off?

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How We Get There

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Real to Virtual to

Augmented Reality

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It’s Not Just a Game

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DATA

Definable

Predictable

Repeatable

Valuable

REENGINEERABLE

Document Review

Legal Research & Writing

Billings, Pleadings, Contracts

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Consequences• Services unbundled, repackaged +

automated

• In-house lawyers adopting new processes

• Increasing client demands – more data,

more metrics, more networks

• More ways to interact and collaborate

around the world

• Era of Transparency

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IT + Globalization of

Economic Activity

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Consequences• Enhanced Complexity

– Work and collaborate more globally

– Increased regulation & Risks for global corps

• Blurring Boundaries – U.S. legal providers applying for ABS licenses

– UK firms expanding globally, U.S, S. Africa, S. America, China

• New Competitors in the Legal Marketplace – From LPOs, to multidisciplinary PSFs offering integrated business

solutions: law, finance, strategy, and project management

– Rise of the Legal Freegan

• Clients Demanding More for Less – More for less in every way: trained lawyers, disaggregation,

secondments, collaboration (with other legal service providers), innovation (not disruption for disruption sake)

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Meso Forces

Changes in the Legal Marketplace

Impacting Lawyer Education & Training

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Not Less But More For Lawyers

• More Responsibility (and Risk)

– Compliance & Ethics

• Within Corps: CCO, departments, corporate monitors

• Within Law Firms

– Public Relations

• More Ways to Provide Legal Services

– Litigation Funding

– Law Consulting

– Online and in collaboration

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The Innovation

Tournament

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Innovation Tournament

Hardest + Most Rewarding +

Impactful

INTRAPRENEURSHIP

Easiest +

Most Critical

META INNOVATION

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EXTRA-PRENEURSHIP

MANDATORY SELF INNOVATION

MEGA

Entrepreneurship

VOLUNTARY SELF INNOVATION

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Innovation Tournament:

Sources of Innovation

Hardest + Most Rewarding +

Impactful

INTRAPRENEURSHIP

Easiest +

Most Critical

META INNOVATION

18

EXTRA-PRENEURSHIP

MANDATORY SELF INNOVATION

MEGA

Entrepreneurship

VOLUNTARY SELF INNOVATION

Use of 6 Sigma

Chief Innovation Officer

AFA

Collaborate w/LPO

Exec Ed

Innovation Comp

LOD/BLP

LawWithoutWallsStand In

Riverview Law

Axiom

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Micro Forces

Changes within Legal Education Impacting Law

Schools’ Ability to Serve Students

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Rising Costs of Legal Education

52,000 student (2010)39,000 (2014)

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STILL:Law Schools Produce More Lawyers

than the Market Can Absorb

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Law Schools are Training for Jobs

Not Even In Existence Yet

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Consequences• Students Have More Choices (Place)

– Compared to 2009 – paid to defer

• Legal Education Online (Space)

– MOOCS, DOOCS,

– Increases access - different types of people

from all over the world can get the “key” to law

• Need For New Expertise

– To teach changing substance, global

regulations, compliance,

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Macro + Meso + Micro

=

3 Changes

1) The Skills Lawyers Need

2) The Way Lawyers & Business People Partner

To Solve Problems

3) How We Train our Lawyers & Future Lawyers

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Hardest + Most Rewarding +

Most Impactful

Easiest but

essential to Being

a Lawyer

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21st CENTURY SKILLS

Innovation Tournament:

How Lawyers Will Practice

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21st Century Skills• Cultural Competency

• Leadership

• Project Management

• Business Acumen

• High Risk Tolerance

• Technology

• Social Networking

• Communication & Presentation

• Teaming

• Problem Solving Plus: Innovation

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Easiest but Not easy• Law Schools and Exec Ed Programs Do

Not Focus on Them

• Not Easily Honed in Student or Lawyer

Development Classroom Format

• Tradition = Hierarchies and Walls

• But the market (our clients) is calling for

change in how we work together -

collaboration – and innovation in legal

services

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Hardest + Most Rewarding +

Most Impactful

Easiest but

essential to Being

a Lawyer

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21st CENTURY SKILLS

DIVERSE, OPEN,

COLLABORATIVE

NETWORK PROBLEM FINDING + PROBLEM SOLVING

Transforming How Lawyers Partner with Business Professionals

to Solve Problems

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What Can We Learn from a

Monkey?

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7 Keys To Innovation1. Weak Slow Hunch Theory vs. Eureka

2. Collisions, Connectivity, Collaboration

3. Open (Weak Ties but No Hierarchy btwn Monkey + Man)

4. Diverse in Diverse Ways (even lazy or stupid)

5. Third Places – creating the space/place

6. Frame of Mind + Method by Do– Serendipity but not just Lucky Accidents

– Embrace elements of “design thinking” (Participate, Do, Iterate, Experiment) but beware of process tricks and under-think”

– Creativity breeds creativity

7. CULTURE/COMMUNITY

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Hardest + Most Rewarding +

Most Impactful

Easiest but

essential to Being

a Lawyer

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21st CENTURY SKILLS

DIVERSE, OPEN,

COLLABORATIVE

NETWORKPROBLEM FINDING + PROBLEM SOLVING

INNOVATION

CULTURE

(COMMUNITY)

Innovation Tournament:

How Lawyers Will Practice Tiny Noticeable Things

With Lasting Value

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Change in How We Train

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• “On Demand Work Requires On Demand Education”

Interview of Gavine Newsom by Steve Heimoff

• Globalized World Requires Globalized Education &

Training

• New Skills requires New Methods & New Tools

• New value/cost set up?

• Community means community/network building

• Specialists but GENERALISTS in other ways

• More interaction btwn practice and ed (as it changes)

and more knowledge of changing market around globe

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How?

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BIGLAW FIRMS

GOVERNMENT AGENCIES

REGULATORS

VENTURE CAPITALISTS

ENTREPRENEURS

ACADEMICS

IN-HOUSE COUNSEL

750+

Change

Agents

Part- Virtual

Collaboratory

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100STUDENTS

15COUNTRIES

30LAW + BUSINESS

SCHOOLS

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Break Down Barriers & Hierarchies

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2–3

LAW + BUSINESS

STUDENTS

ACADEMIC

MENTOR

ENTREPRENEUR

MENTOR

BUSINESS

MENTOR

LAWYER

MENTOR

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CYBER JUSTICE: USING

TECHNOLOGY TO PROVIDE LEGAL

SERVICES TO THE UNDERSERVED

AROUND THE GLOBE

TEAM TOPICS

THE INCREASING IMPORTANCE OF

CORPORATE COMPLIANCE: MORE

JOBS FOR LAW GRADS OR ANOTHER

THREAT TO LAWYERS’ MONOPOLY?

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FIND CRACKS + GAPS

TURN INTO OPPORTUNITIES

Over four months, teams identify a pressing issue in

legal practice or education and create a business plan for

a solution (often a legal startup) to address the problem.

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EXAMPLE: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 expert to go live.

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EXAMPLE:INCREASING ACCESS TO JUSTICE AND

CREATING NEW MODELS OF REGULATION:

HOW CAN THE TWO GO HAND-IN-HAND?

• Be #selfless with ProBono123.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.

• In development w/partnership + incubation from Miami Law, Probono.net, and private legal entrepreneurs

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EXAMPLE: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.

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KICKOFF

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VIRTUAL TEAMING

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CONPOSIUM

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James Bathan Chief Innovation

Officer, Eversheds

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• Improve cultural competency, leadership, strategic

planning, project management, innovation, collaboration,

communication, innovation, networking, and business

influencing skills;

• Forge closer and more collaborative relationships with

clients, internal colleagues and future talent from

countries around the globe;

• Cultivate practicable innovations at the intersection of

business, law, and technology.

In the Process . . .

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LAWWITHOUTWALLS

Every School . . .

Every Firm . . .

Every Lawyer . . .

It’s the Future . . .

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Global Law School: Moving Legal Education

into the

21st Century

Clio Cloud Conference

Oct 2015

Michele DeStefano

Founder, Director LawWithoutWalls

Professor of Law, University of Miami

Visiting Professor of Law, Harvard Law School