What’s Up For the New Year

New year party hatThe past couple years, this blog has been mostly about profession-wide trends. When it began a few years ago, it focused on personal development. This year, we’re going back to that beginning, within some blurry lines.

Researching law practice trends in the past year, I’ve discovered great sources such as Above the Law, The Lawyerist, and The Likeable Lawyer. There’s also mindfulness evangelist Jeena Cho, and law futurist par excellence, Richard Susskind. And right in my own backyard there’s the IAALS (The Institute For the Advancement of the American Legal System). There are plenty more where those came from.

Knowing that all those sources are out there, doing such a great job at what they do, I’ve grown reluctant to use this blog to simply recycle their material. I recommend them to you if you want to beef up your list of sources with a finger on the pulse of the paradigm shift that’s happening in the legal world these days.

Beyond those law-specific sources, I read and research a lot about creativity and innovation, health and wellbeing, consciousness and personal growth. I’ve noticed that, in the realm of personal development, the genre lines have gotten blurry. Entrepreneurs talk about mindfulness, humanities profs cite quantum physics, and everybody talks about neuroscience, so that now we have all these hyphenated new disciplines:  neuro-culture, neuro-anthropology, neuro-biology…. I haven’t seen nuero-legal yet, but I’ll bet it’s coming.

The Information Age is serving up a rich cross-fertilization of multi-disciplinary ideas. Entrepreneurial innovation takes cues from artistic creation, business builds itself around social causes, and leadership thought leaders borrow the language of the archetypal inner hero’s journey.

While some groups around the world are darkening into fundamentalist rage, there’s a counter movement that’s waking up moment-by-moment into a bigger, bolder, brighter future that — guess what? — even has lawyers in it.

Imagine that.

No, I mean really. Use your imagination to get your heart and soul around a bigger, bolder, brighter future for lawyers and the law.

Feels pretty good.

That’s where we’re going this year — into that cross-disciplinary brightness. And along the way, because everybody likes a good story, I plan to tell more of them. Many will be my own, and why not? Classic literature has known forever that where we’re most personal we’re also most universal, and I’ve learned to trust that my stories have the same effect. I’ll be honest, I’ve been a reluctant learner on this point, but I think I’m getting it. So we’re going there, too.

That’s what’s up for the new year. But before we go entirely there, I’m going to take the next two weeks to put one final exclamation point on last year’s Future of Law and Culture of Law series, and invite your participation in The Moral of the Story one last time. That’s not entirely a digression, though, because if you accept that invitation, it will become the wildest ride of personal development you could (not) ever imagine.

‘Til then, thanks for reading, and see you next time.

Kevin Rhodes has been a lawyer for over 30 years. Drawing on insights gathered from science, technology, disruptive innovation, entrepreneurship, neuroscience, and psychology, and also from his personal experiences as a practicing lawyer and a “life athlete,” he’s on a mission to bring wellbeing to the people who learn, teach, and practice the law.

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.

The Future of Law (20): Some Final Meta-Thoughts

The “meta” of something is its higher abstraction, the bigger picture behind the smaller ones. In scholarship, a meta-analysis is an analysis of all the analyses of a topic. Each separate analysis collects and analyzes data. The meta-analysis analyzes all the analyses.

Now that we’ve looked at various individual current trends and projected them into a vision of the future of law, what’s the meta of them? What’s the big picture?

Our futurist approach has been mostly based on trend analysis:  seeing what already is, then guessing where it’s going, meanwhile keeping in mind that we are not passive recipients of the future, but powerful agents of its creation.

If we want to be, that is. If we make the effort.

Some of us want to be, and will. People in this group will engage with the dynamics of change deliberately, consciously, intentionally, mindfully — taking action to shape current trends into the future they want.

Some of us don’t want to be, and won’t. This group will be the change resistors, daring those responsible for disruptive innovation to prove that the trends represent change for the better as the resistors judge it to be.

The first group will feel the energy of personal and cultural transformation moving through themselves and their lives. The second group will wonder what ever happened to the world they once knew. Together, both groups will create what Thomas Kuhn called the state of incommensurability between old and new legal paradigms

Regardless of our response, the future is ours, whether we choose to advance or resist it.

All this will happen on countless individual stages, but what’s the big show that will play out on the biggest stage? What’s the meta of the future of law?

The answer lies in the nature of the law itself. The law is itself a meta-reality — one of those gigantic, archetypal organizing principles of human life. The law enfolds and expresses our humanity, creates cultural and societal and national context. Those who live and work in the law are unavoidably its guardians and tutors, stewards and caretakers. We will create the law’s future, one way or another.

When we create the law, we shape and guide our humanity.

When we do that, we create our world.

And most of all, we create ourselves.

The law:  our humanity, our world, ourselves. There’s a lot at stake here. May we craft the future with care.

The Future of Law (19): Don’t wait, create!

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

The quote has been ascribed to a lot of different people, including Peter Drucker and computer scientist Alan Kay. But according to the Quote Investigator,

“The earliest evidence appeared in 1963 in the book “Inventing the Future” written by Dennis Gabor who was later awarded a Nobel Prize in Physics for his work in holography:

“We are still the masters of our fate. Rational thinking, even assisted by any conceivable electronic computers, cannot predict the future. All it can do is to map out the probability space as it appears at the present and which will be different tomorrow when one of the infinity of possible states will have materialized. Technological and social inventions are broadening this probability space all the time; it is now incomparably larger than it was before the industrial revolution—for good or for evil.

“The future cannot be predicted, but futures can be invented. It was man’s ability to invent which has made human society what it is. The mental processes of inventions are still mysterious. They are rational but not logical, that is to say, not deductive.”

I.e., we can speculate — as we’ve been doing in this series — about where present trends might take us, but it’s useful to remember that “we are still the masters of our fate.” We can shape where those trends take us by engaging with them, and thus we can invent the future — the future we want, not just the one that will happen to us.

As Dr. Gabor points out, the process by which we do that is “rational but not logical.” We looked at the mindfulness trend earlier In this series. In that spirit, how about we might try a mindfulness approach to creating the future for ourselves? If you’re game, here’s a simple exercise in four steps:

  1. Pick one of the predictions I’ve made. Go ahead, we’ll wait. Is there one in particular that has a lot of energy for you, so that when you read it you say, “Oh yeah!” Or if there are several, is there a theme that runs across them? Don’t over-think – just go where you feel a tug – the stronger the better.
  1. Express it as a goal or intention — something you are committed to making happen. Complete this sentence, filling in the blank: “My response to this prediction is to create ________________.” Maybe it’s a career or practice shift, or something personal. It doesn’t matter what your goal is. What matters is your commitment to it.
  1. Beatify it. Yes, you read that right. No, we’re not making anyone a saint here, we’re using “beatify” in the sense of “extreme blissful happiness.” Yes, you read that right, too. What we’re after here is to take your goal/intention and take it to an extreme level of emotional reward/satisfaction. What would creating it give you that you don’t have now and would really like to have? How would it revolutionize you, your career?
  1. Watch where your thoughts go with this. What ideas and feelings come up?. Be prepared to write fast and take good notes — the energy of the idea that grabbed you plus your commitment to it will pop the cork on your creativity.

That’s it. Have fun with it. Use it for as many predictions as you like. And then…

Welcome to the future — the one you’re creating.

The Future of Law (Part Ten): Mindfulness Doesn’t Mean Wimpy Lawyers

Mindfulness is another trend driving change in the law. Here’s DU Law professor Debra Austin’s definition from her Killing Them Softly law review article:

“[M]indfulness is attention without labels, ideas, thoughts, or opinions.  Mindfulness means “being fully aware of something” and paying attention to the moment, with acceptance and without judgment or resistance.  It requires “emotion-introspection rather than cognitive self-reflection,” and specifically does not involve the analysis of thoughts or feelings.   Mindfulness is a form of self-understanding involving self-awareness rather than thinking.”

My CLE workshops don’t talk about or teach mindfulness, but they do require comparable reflection and self-awareness. Occasionally someone worries out loud that too much of this kind of thing will make you lose your edge, become less zealous as an advocate.

In other words, mindful lawyers are wimps.

I don’t know about you, but the most mindful people I know are rarely comfortable to be around. Penetrating, insightful, honest, no-nonsense, yes. Laid back and careless, no. The “mindfulness is for wimps” assessment no doubt comes from the Legal Borg, which has its own issues with fostering cognitively- or chemically-impaired lawyer brains, and never mind that there’s plenty of research and experience out there to support the notion that mindfulness provides a competitive advantage.

Judging from the strength of the mindfulness trend, this is another area in which the Legal Borg is losing its grip on the legal profession’s cultural ethos. An ABA Journal article last year announced that Mindfulness in Law Practice is Going Mainstream. As evidence of that, check out these resources:

Mindfulness in Law:  Articles, books, websites, exercises, with categories for bar associations, law schools, the judiciary, and lawyer groups.

The Mindful Lawyer:  More programs, resources, events, and articles, collected by lawyer and educator Scott Rogers, founder and director of the Institute for Mindfulness Studies, the University of Miami School of Law.

How will the mindfulness trend change the law?

  • We will see the emergence of new “best practices” that address and reverse areas of chronic dissatisfaction with the law among both lawyers and clients. For example, toxic stress and intentional destruction — both uncivil behavior toward other lawyers, and self-destructive lawyer responses to stress — will simply no longer be tolerated in the legal profession or the legal marketplace.
  • In their place, mindfulness practice will foster a new kind of “thinking like a lawyer” that will create new laws and legal procedures characterized by the kinds of benefits mindfulness produces in the individuals who practice it — e.g., decisiveness, clear thinking, intolerance for “brain noise” (drama, distraction, histrionics), and an uncanny awareness of invisible factors driving behavior.
  • As the law takes on the characteristics of mindfulness practice, the result will be more self-appraising, self-guiding, and self-correcting pathways to legal end results. The result will be more efficient and satisfying legal options and outcomes.
  • A new equity system — maybe formal, certainly informal — will arise in which the process of getting to results through informed collaboration will be valued, encouraged, and enforced.

Next in our excursion into futurology, we’ll look at the increasing polarization of three divergent pathways in legal practice and the law:  commoditizing, expertise, and mastery.