The Future of Law (22): The Future Couldn’t Wait II

Last week I reported a couple “the future is already here” developments, and said I would tell you a couple more this week. But one of them deserves its own post.

To set the context, this is from Law by Algorithm, earlier in this series:

Google customizes the news you see. Amazon suggests if you like this, you might like that. Your cellphone carrier, bank, and pretty much everybody else you deal with on a regular basis gives you the option to customize your own account page.

  • The new commoditized/democratized purveyors of legal products will also give this option to consumers. The days of “mylaw.com” are upon us.

Welcome to law by algorithm:  artificial Intelligence at work, serving up the customized law you need personally and for your work and business. And you don’t have to go looking for it — it will come to you automatically, based on your preference settings and past choices.

And this is from The New Legal Experts:

The world of commoditized law dispenses legal advice not by lawyers in individual consultations with clients, but instead through IT distribution channels, to a wider market of similarly situated consumers. Legal content is subsumed into the greater context in which the advice is pertinent, so that the consumer (no longer a “client”) gets comprehensive, multidisciplinary advice in one stop shopping, without the need to separately consult a lawyer and other relevant professionals.

Expert lawyers do this already, dispensing advice in the context of one-to-one client relationships. The legal experts of the future will do this on a wider scale, creating more broadly applicable IT products embedded with legal advice.

  • The creators of this new kind of legal advice will be much in demand in the new world of law.

Against this background, meet Catherine Hammack — a “new legal expert” and founder of Jurispect, whose website greets you with these slogans:  “Regulatory Intelligence For Companies” and “Real-Time Regulatory Analytics for Better Business Decisions.” Ms. Hammack began her career by being in the right place at the right time (all of the following quotes are from this National Law Review article):

“Catherine was present on two momentous occasions in U.S. financial history: as an intern at Arthur Anderson when Enron was indicted, and as a first-day associate at Bingham McCutchen the day Lehman Brothers filed for bankruptcy, and the start of the financial crisis in 2008.”

She took that experience to the epicenter of commoditization:

“Following her time at Bingham as a financial litigator, she transitioned to join Google’s Policy team, where her perspective on legal services dramatically changed.”

At Google, she learned, commoditization, multidisciplinary perspective, IT marketing and distribution channels… all the things we’ve been talking about in this series. And then she turned it all into a Law by Algorithm company.

“As Catherine elaborated in a post-conference interview: “There was a huge gap between the way law firms traditionally provide counsel and the way companies need information to make business decisions.” She was surrounded by engineers and data scientists who were analyzing vast amounts of data with cutting edge technology.  Catherine became interested in adapting these technologies for managing risk in the legal and regulatory industries.  Inspired by Google’s data-driven decision making policies, she founded Jurispect.

“Jurispect’s team of seasoned experts in engineering, data science, product management, marketing, legal and compliance collaborated to develop the latest machine learning and semantic analysis technologies. These technologies are used to aggregate information across regulatory agencies, including sources such as policy statements and enforcement actions.  Jurispect also analyzes information in relevant press releases, and coverage by both industry bodies and mainstream news.  The most time-saving aspect of Jurispect are the results that coalesce into user-friendly reports to highlight the importance and relevance of the regulatory information to their company.  Users can view this intelligence in the form of notifications, trends, and predictive analytics reports.  Jurispect makes data analytics work for legal professionals so they spend less time searching, and more time on higher level competencies.  As Catherine elaborated, “We believe that analytics are quickly becoming central to any technology solution, and the regulatory space is no exception.”

We’ll look at another new legal expert offering next time.

The Future of Law (16):  The New Law Masters

 [I wrote last week about open source law. Check out this article on that topic from The Lawyerist  that was posted the same day. Yes, the future of law is already here.]

I Googled “definition of expert” and got this: “a person who has a comprehensive and authoritative knowledge of or skill in a particular area.”

  •  We will still see legal experts in the future, but not as we currently know them.

As we saw earlier in this series, the legal experts of the future will be systems thinkers who can fashion comprehensive, multidisciplinary, mass-appeal, consumer-oriented IT products with legal solutions embedded within them. And, as we saw last time, Law by Algorithm will increasingly provide the “think like a lawyer” artificial intelligence needed to create those products.

On the other hand, in his book Tomorrow’s Lawyers, law futurist Richard Susskind anticipates the ongoing need for lawyers (using human brains, not artificial intelligence) who can fashion legal solutions beyond the “think like a lawyer” work product.

  • Those lawyers will emerge as a new class of legal masters.

Consider this quote from Ken Coleman. host of The Ken Coleman Show and author of One Question, in which Coleman captures the essence of the commoditization we’ve been talking about.

“Society seems to favor mass production from its citizens. We dress alike, behave similarly, and speak with a common vernacular. Thanks to the gifts of the digital age, anyone today can become an ‘expert.’”

In this blog interview with author Daniel Pink — bestselling author of Drive and A Whole New Mind — Coleman and Pink agree that what’s really needed is not expertise but mastery, and share some thoughts about how you get it. Further, check out this blog post on that topic from The Lean Thinker, which ends this way:

“Put another way, the ‘expert’ knows. The ‘master’ knows that there is much to learn.”

Here are this week’s predictions about the new law masters:

  • The legal masters of the future will be valued not as repositories of knowledge, but for their inquiring minds, and especially for the ability to ask important, relevant questions whose answers aren’t already embedded in commoditized legal products.
  • The new legal masters’ key proficiency will lie not in knowing the law (the job of experts), but in knowing how to develop it.
  • The new legal masters will shape the law using innovative new methods not currently part of the law landscape. (What these might be is anybody’s guess.)
  • And the law itself will reward them for this expertise, by continuing to provide plenty of gray areas and unanswered questions, commoditization notwithstanding.

In his book The End of Lawyers?, Richard Susskind notes that disruptive innovation is disruptive to lawyers, not clients. This comment suggests another role for the new legal masters:

  • They will profoundly and skillfully shape the assimilation of disruptive innovation into the law and law practice.
  • For example, they will have the sage ability to understand and guide the law and law practice when the law goes multimedia, as it inevitably will (another topic Richard Susskind takes up in The End of Lawyers?).

As for the latter, just try to imagine what the law will be like when it is detached from its Gutenberg printing press moorings in language and logic.

I can’t either.

Which is precisely why we’ll need the new legal masters to help us out.

The Future of Law (Part 11): Commoditizing the Law

“A lawyer’s time and advice are his stock in trade.”
Abraham Lincoln

 Who’d have thought we’d see the day when Honest Abe would steer us wrong?

The other day at the gym one of the TV’s ran an ad for LegalZoom’s business startup services. They’ll set up your business entity, protect your IP, handle contracts, take care of your estate planning, and generally make it possible for the smiling business owner on their website to declare, “I’m making money doing what I love” — which presumably doesn’t include visiting a lawyer.

Welcome to the commoditization of legal services, where lawyers’ time and advice aren’t what’s for sale. We’re not just talking about legal kiosks at Walmart; commoditization is happening on the high end of legal services, too. Click here for a more thorough look.

  • It’s easy to predict we’ll see much more of this.

Commoditization shifts the focus of legal consultation from the one to the many:  lawyers don’t advise individual clients based on that client’s circumstances; instead, they presort legal information which is relevant most of the time and package it into immediately useable form. In his book The Future of Law, law futurist Richard Susskind calls this new kind of lawyer an “engineer of legal information”:

“What, then, might the lawyer’s role be as an engineer of legal information? The main task… will be that of analyst–it will be for the lawyers, with their unparalleled knowledge of the legal system, to interpret and repackage the formal sources of law (legislation and case law) and articulate it in structured format suitable for implementation as part of a legal information service.

“As legal service becomes a form of information service, and lawyers package their knowledge and experience as information services designed for direct consultation by non-lawyers, the work product of individual lawyers will no longer be devoted only to one case and to one client. Instead, the legal information will be reusable and for that purpose cast in a form well suited to repeated consultation.”

The impact of commoditization on the law will be as follows:

  • The marketplace consensus of what is relevant for the many, as embedded in systems-based legal products, will increasingly be regarded as the law itself.

Susskind describes this new kind of law as follows:

“[Commoditization] has extremely profound implications for the law. It is possible, for example, that the information which will be accessible on the global highway will guide our social, domestic, and working lives more directly than the primary sources (legislation and case law) themselves. In a sense, this legal guidance itself may come to be regarded as the law itself and not just a representation of it. This may indeed become the prime illustration of what the legal sociologist Eugen Ehrlich, earlier this century, called the “living law” — the law which actually reflects and conditions behaviour in society.”

Historical notions of the attorney-client relationship recoil at commoditization, but it is all bad? Maybe not. Susskind describes one key benefit:  greater access to legal advice:

“The number of [users of commoditized legal information] will be vastly greater than the number of conventional clients of today; and the frequency with which these legal information services will be consulted will greatly outstrip the frequency of consultations with lawyers today. The difference will lie in the emergence and realization of the latent legal market, as innumerable situations in domestic and business life are enlightened by the law when this would or could not have happened in the past.”
(Emphasis in original.)

More on legal commoditization next time.

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