The Culture of Law (1): Peace of Mind

“The best way to predict the future is to create it.”

Dennis Gabor, Nobel Prize Winner in Physics

Since the first of the year, we’ve been talking about the future of law. We’ve seen how the practice of law is undergoing a massive paradigm shift, mostly driven by technology, entrepreneurship, and worldwide trends such as democratization and commoditization. We’ve looked at how these forces are changing law practice and lawyers, and we’ve speculated about how all this will ultimately change the law itself.

We’ve seen that the future of law isn’t out there somewhere, waiting to descend on us, but that paradigms shift if and when we embrace them, and that the new normal of the future is ours to shape and own to the extent we choose to engage with it. We can make the future happen, or we can let it happen to us. The former is challenging but rewarding; the latter is a quick trip to curmudgeon status.

I.e., we’ve seen the future, and it is us. Which is why it’s time to talk about the culture of law. The law of the future requires the law culture of the future. Culture is the context in which the future will occur. If we understand what culture is and where it comes from, we can most effectively shape both the law and its future — again, if we choose to do so.

Why would we want to? For our own peace of mind, for one thing. Quite literally. As we’ll see, culture is a brain thing. Culture takes shape in our brains, our brains then shape our minds, our minds shape our behavior, and — voilà! — culture happens. When we’re out of sync with this process, the result is disruption and dissonance in our brains. We become cognitively impaired in a profession that requires all the cognition we can give it.

Peace of mind isn’t a luxury, it’s enlightened self-interest. Cognitive wellness thrives on it. We need it to think, learn, analyze, decide, make sound judgments. We need it to be ethically competent. Successfully engaging with change instead of avoiding and resisting it brings emotional clearing and cognitive clarity, provides a still point from which to view a world apparently spinning out of control. It’s an essential trait of “supersurvivors” — something I’ll talk about in a short series later this summer.

We’ll tend to our peace of mind if we know what’s good for us, and we  usually do.

Before we go on, we need a working definition of “culture.” We’re familiar with the notion of company or firm culture. This is from Simon D’Arcy, founder of Next Level Culture:

“Think of a culture code as the DNA of an organization, carrying within it a code that defines the character and proficiency of the entire organism. Instead of physical traits, tendencies and aptitudes, it influences how people behave with each other, shaping how they work together as well as the results they produce.”

He’s speaking of organizational culture, which we find in individual firms. Expand that idea to the collective, over-arching culture of the profession within which all those individual firms operate, and now you’re at the level of culture we’re talking about in this series.

Culture on this level isn’t just for BigBox and BigLaw, and it’s not about firm outings and casual Fridays. It’s The X Factor — the difference between creating and sustaining the future we envision vs. waking up one day to just another unfulfilling status quo.

Starting next time, we’ll look at how culture is created from the inside out.

The Future of Law (24): The Future Couldn’t Wait (Finale)

Question:  What do mindfulness and meditation, hackers, crowdfunding, a law school offering masters degrees for non-lawyers, and techno-speak all have in common?

Answer #!:  They’re all the future of law.

Answer #2:  And that future is already here.

Mindfulness and Meditation must be all the rage when The Wall Street Journal features Lawyers Go Zen, With Few Objections. Check this trend out for yourself next week at the Better Lawyering Through Mindfulness Workshop with bankruptcy lawyer Jeena Cho, who’s quoted in the WSJ article and is on a national tour promoting her book The Anxious Lawyer:  An 8-Week Guide to a Happier, Saner Law Practice Using Meditation.

Hacker Law.  Legalhackers.org proclaims, “We are explorers. We are doers. We are Legal Hackers.” Legal hacking, it says, is “a global movement of lawyers, policymakers, technologists, and academics who… spot issues and opportunities where technology can improve and inform the practice of law.” Here’s how one legal hacker pursues justice. And, in the interests of equal time, here’s a skeptic’s take on the topic.

Crowdfunding Lawsuits.  It’s not just about raising money to hire a lawyer, it’s about equal justice for all. CrowdJustice is on a mission to “make justice accessible.” “Sometimes petitions are not enough,” its website declares, “The law should be available to everyone, big and small. CrowdJustice gives you the tools to raise funds, mobilise your community and publicise your issue.” (Yes, they’re British.) LexShares is “revolutionizing access to the justice system” while giving you the chance to do well by doing good:  you can “earn a return from litigation finance” by taking a piece of the judgment/settlement.

Legal Mastery for Non-Lawyers.  This Los Angeles Times article from last month describes a new masters degree program:

“’Everyday business and regulatory transactions are becoming increasingly complex,” said Sean M. Scott, senior associate dean at Loyola Law School, Los Angeles. “That is particularly true in Los Angeles, where the areas of technology, entertainment, healthcare and policing face new legal challenges.’

“The new Master of Science in Legal Studies (MLS) is designed for those who want to improve their legal fluency in areas related to industry regulations, compliance, deal making and more without committing to three or four years of law school. ‘The goal is to provide legal literacy,’ Scott said.

“Loyola is uniquely poised to pivot its JD offerings to a new audience because of its nimble culture. Students may design their own program, pursuing a course of study such as healthcare law or fashion law with classes selected from a wide array of law school course offerings.”

Pivoting and nimbleness are key entrepreneurial concepts, and Loyola takes them to heart:  i.e., students can benefit from the kind of narrow mylaw.com focus they’ll be able to give their business clients of choice. And the best part is, they’ll learn without suffering the brain-numbing stresses of law school.

Techno-Speak:  “Our technology infrastructure … features multi-homed, fully redundant connectivity and power management controls, providing superior physical and electronic security for your data. Our scalable compute power, architected by industry technology experts, is built on high-performance, high-availability systems. Fully redundant servers, enterprise-class storage, and market-leading infrastructure monitoring and management solutions ensure the integrity, security, and responsiveness of your data.”

Um… that’s a good thing, right?

That bit of garble is from this ediscovery company’s website. Let new lawyers learn the litigation ropes by grinding through discovery? No. Call in the data pros instead. They have an office right here in Denver, as some of you know already.

Okay, we get the point:  anything we can possibly imagine about the future of law is already happening. Can we move on? Yes, of course. Our next series will take a fresh look at the culture of law.