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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
DeStefano copyright 2015
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
2
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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
8
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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
15
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The Innovation
Tournament
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Innovation Tournament
Hardest + Most Rewarding +
Impactful
∧
INTRAPRENEURSHIP
Easiest +
Most Critical
META INNOVATION
17
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
25
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
26
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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
27
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Hardest + Most Rewarding +
Most Impactful
Easiest but
essential to Being
a Lawyer
28
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?
29
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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
30
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Hardest + Most Rewarding +
Most Impactful
Easiest but
essential to Being
a Lawyer
31
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
32
• “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
46
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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