Congrats to my good friend – Judge Ann Aiken and the other 2014 Legal Rebels! See her talk from ReInventLaw Silicon Valley 2013 here.
Nice coverage of our efforts at MSU Law to inject our students with important skills that can be competitive differentiator in this difficult legal marketplace. As Dan Rodriguez described it – one sweet spot for differentiation is located somewhere in and around “the law/business/technology interface.” I completely agree. While it is far from the only mission, there is arbitrage located in this sweet spot because many law schools do not have faculty with the appropriate technical skills necessary to teach in this space (see also a lack of desire/vision). This creates room for others. I outlined all of this in some detail in my Keynote Address at the Stanford CodeX Conference last year (and in the forthcoming paper called “The MIT School of Law“). As MSU Law Dean Joan Howarth said “[L]egal education has been stronger on tradition than innovation …. What we’re trying to do is educate lawyers for the future, not the past.” Well said! I joined the faculty at MSU three years ago with the goal doing the very things that are now up and running – however – there is always more to do – so stay tuned for more.
From the conference announcement: “Over the last 5 years, in the fallout of the Great Recession, the legal profession has entered the era of the New Normal. Notably, a series of forces related to technological change, globalization, and the pressure to do more with less (in both corporate America and law firms) has changed permanently the legal services industry. As one article put it, firms are cutting back on hiring “in order to increase efficiency, improve profit margins, and reduce client costs.” Indeed, in its recently noted cutbacks, Weil Gotshal’s leaders remarked that it had initially expected old work to return, but came “around to the view that this is the ‘new normal.'”
The New Normal provides lawyers with an opportunity to rethink—and reimagine—the role of lawyers in our economy and society. To the extent that law firms enjoyed, or still enjoy, the ability to bundle work together, that era is coming to an end, as clients unbundle legal services and tasks. Moreover, in other cases, automation and technology can change the roles of lawyers, both requiring them to oversee processes and use technology more aggressively as well as doing less of the work that is increasingly managed by computers (think: electronic discovery). The upside is not only greater efficiencies for society, but new possibilities for legal craftsmanship.
The emerging craft of lawyering in the New Normal is likely to require lawyers to be both entrepreneurial and fluent with a range of competencies that will enable them to add value for clients. Apropos of the trends noted above, there are emerging opportunities for “legal entrepreneurs” in a range of roles from legal process management to developing technologies to manage legal operations (such as overseeing automated processes) to supporting online dispute resolution processes. In other cases, effective legal training as well as domain specific knowledge (finance, sales, IT, entrepreneurship, human resources, etc.) can form a powerful combination that prepares law school grads for a range of opportunities (business development roles, financial operations roles, HR roles, etc.). In both cases, traditional legal skills alone will not be enough to prepare law students for these roles. But the proper training, which builds on the traditional law school curriculum and goes well beyond it including practical skills, relevant domain knowledge (e.g., accounting), and professional skills (e.g., working in teams), will provide law school students a huge advantage over those with a one-dimensional skill set.”
Yesterday I had the pleasure of providing the concluding remarks at the ASU – Arkfeld Electronic Discovery Conference in Tempe, Arizona. It was a really good mix of practicing lawyers, judges and technology providers in the room. Kudos to Michael Arkfeld, Josh Abbott and the rest of the planning committee for a great conference!