The "MIT School of Law" - Keynote Presentation @Stanford CodeX FutureLaw Conference - (4/26/13)(V2.01)
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The "MIT School of Law" - Keynote Presentation @Stanford CodeX FutureLaw Conference - (4/26/13)(V2.01)






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The "MIT School of Law" - Keynote Presentation @Stanford CodeX FutureLaw Conference - (4/26/13)(V2.01) The "MIT School of Law" - Keynote Presentation @Stanford CodeX FutureLaw Conference - (4/26/13)(V2.01) Presentation Transcript

  • The MIT School of Law A Perspective on Legal Education in the 21st Century Professor Daniel Martin Katz Assistant Professor of Law
  • Where Do Things Currently Stand?
  • 44,000 ~ Graduating Law Students
  • 22,000 ~ Net Law Jobs (per year) projected over next decade** ** Includes Projected Retirements
  • The Legal Employment Crisis
  • Is More Than Just a Recession
  • Two Trends Are In Play
  • Structural and Cyclical
  • Structural Started Before The Recession
  • Those Jobs Will Not Return
  • Welcome to Law’s Information Revolution
  • Revolution Already In Progress
  • Since 1998 The Core of the Legal Industry Has Experienced Very Little Net Job Growth
  • Since 2005 “Other Legal Services” have experienced double digit year over year growth
  • The Current Market Offers Peril for Some Possibility for Others
  • In Light of State of Market for Legal Services ...
  • How Do We Prepare Our Students to Survive (Thrive) In this New Ordering?
  • Provide them with skills that make them undeniable
  • to do so we must imagine and develop a new type of legal education...
  • Liberal Arts Legal .Edu
  • Liberal Arts Legal .Edu Polytechnic Legal .Edu
  • Some Major Trends in the Legal Services Market
  • Trend 1: General Counsel as Legal Supply Chain Manager
  • What is one major historic barrier to legal innovation?
  • Client Sophistication
  • The Sophisticated General Counsel
  • The Financial Crisis Placed Significant Pressure on GC’s
  • To Control Their Legal Spend
  • Legal was brought in line with the Other C Level Officers/Divisions
  • “I am not running your training program ...”
  • (i.e. Don’t Put 1st and 2nd Year Associates on our work)
  • “If you want our work you are going to work with other providers”
  • The General Counsel as Legal Supply Chain Manager
  • Blended Teams of Providers Law Firm + E-Discovery Firm + Legal Process Outsourcing + Law Division Insourcing + Software/Analytics Firm
  • Legal Supply Chain Mgmt. Data and Logistics = General Counsels as the Maestros
  • Client Sophistication is Critical to this Story ...
  • Client Sophistication has reset historic relationships ...
  • and is a necessary precondition for legal entrepreneurs
  • Trend 2: The Rise of Quantitative Legal Prediction
  • Quantitative Legal Prediction
  • Data Driven Law Practice
  • It Has Already Begun ...
  • The Age of Quantitative Legal Prediction 2011
  • The Age of Quantitative Legal Prediction 2011
  • The Age of Quantitative Legal Prediction 2012
  • Quantitative Legal Prediction - or - 2013 How I Learned to Stop Worrying and Start Preparing for the Data Driven Future of the Legal Services Industry Daniel Martin Katz Assistant Professor of Law Michigan State University
  • Some Examples
  • Predictive Coding
  • Legal Procurement (High End of Market) General Counsels as Legal Procurement Specialists TyMetrix Using $40 billion in Legal Spend Data to Help GC’s Look for Arbitrage Opportunities, Value Propositions in Hiring Law Firms
  • “The software identifies standard and terms in contracts, and its benchmarking tools show lawyers how their current document compares to the standard.”
  • Trend 3: Retail Legal Services (US + UK)
  • 70%+ of US does not have a lawyer ...
  • architecting solutions to this problem
  • is extremely valuable
  • but also very meaningful
  • technology aided access to justice
  • Retail Legal Services UK Edition Interesting Models Are Being Developed in UK
  • Retail Facing Legal Services US Edition
  • Trend 4: Law.Tech
  • LegalTechNYC is the largest technology show in the legal industry
  • 12,000+ attend ~
  • Up to 20 billion dollars of technology/commerce on display** **Estimate via Oliver Goodenough of Vermont Law School
  • This Year ...
  • My Friend Bill Henderson ...
  • Took A Photo When We Were At LegalTechNYC
  • He Then Asked ....
  • Who Are These Companies?
  • What are they doing?
  • Process / Project Mgmt. Workflow Optimization
  • Discovery / Document Management
  • Search Info Visualization Automated Document Generation
  • Legal Analytics Legal Prediction
  • Law+Tech Sector is Heating Up
  • A number of venture capitalists have invested in the company, including Silicon Valley’s Sequoia Capital which invested $7 million in 2007 .... Reported sale price between $35 million and $40 million. Final Number was likely between $80 - $100 million
  • Some of these are established companies ...
  • But there are many more coming ...
  • 15 2009 Law or Legal Related Companies
  • 15 2009 Law or Legal Related Companies
  • 15 2009 300+ 2013 Law or Legal Related Companies
  • Trend 5: Tech/Process Infused Law Firms
  • All of this is part of so called #NewLaw
  • These Trends (and Many Others) Point to a Skills Mismatch in the legal market ...
  • In order to fully participate students need a different set of skills
  • What is Needed is
  • Real Innovation Real Competition and
  • An End to the Age of Mimicry
  • In Other Words,
  • Law Schools Should Stop Trying to be the 50th / 100th Best Harvard and Yale
  • Seriously, These Schools Are Not Even That Great ...
  • And The Game Is Rigged Anyway ...
  • The Game Is Rigged Anyway ...
  • Outflank these Schools
  • By Making Their Backhand Your Forehand
  • Just to Make the Point
  • This is a glimpse at the existing prestige hierarchy
  • Daniel Martin Katz, et. al., Reproduction of Hierarchy? A Social Network Analysis of the American Law Professoriate, 61 Journal of Legal Education 76 (2011)
  • Two Institutions Generate a Non-Trivial Fraction of All Law Profs
  • How Many Professors at either of these Elite Institutions ...
  • Seriously Know Anything About ... Legal Information Technology Legal Information Engineering?
  • Not Normative Argumentation or Policy Making
  • But Actually Building Things
  • This Weakness Is Serious Because The Walls that Separated ...
  • Legal Education from the Legal Services Market Are Coming Down
  • “Protected from the harsh winds of the markets, legal educators were free to develop a hothouse plant that bore little resemblance to anything that grew in the natural soil of law practice .... The hothouse walls are falling, leaving law schools to cope with markets.” Larry Ribstein Practicing Theory: Legal Education for the 21st Century
  • And it is Game On :)
  • Time to Reboot What It Means to ‘Think Like a Lawyer’
  • Substantive Legal Exper tise
  • Is NOT Enough
  • {Law}
  • Has Already Become ...
  • TM {Law + Tec h + Design + Deliver y}
  • TM {Law + Tec h + Design + Deliver y} Substantive Legal Expertise
  • TM {Law + Tec h + Design + Deliver y} Substantive Legal Expertise Analytics Platform AI Computing
  • TM {Law + Tec h + Design + Deliver y} Substantive Legal Expertise Analytics Platform AI Computing Process User Experience Design Thinking
  • TM {Law + Tec h + Design + Deliver y} Substantive Legal Expertise Analytics Platform AI Computing Process User Experience Design Thinking Business Models Regulation Marketing
  • So How Exactly Can We Train Law Students to Thrive in 21st Century Law Practice
  • A Thought Experiment: “MIT School of Law”
  • Blueprint for Legal Education in the Age of Law’s Information Revolution
  • I Guess I Was Fooled Because it Made Tons of Sense
  • Lawyer 2.0 Is A Hybrid
  • Traditional Tasks with the Substantial Aid of Technology
  • New Law & ___ Tasks
  • Extend This Idea to Skill Blending in Many Domains
  • Building The “MIT School of Law” Attract Inputs (Different Students + Faculty) Train Better Training = Better Lawyers Place Connect to the Broader Industry Ecosystem
  • MoneyLaw: The Student Admissions Edition
  • Systematically Undervalued By The US News Rankings Posturing
  • Applied Mathematics Computer Science Statistics Economics Engineering Information Science
  • Must Go Out and Recruit Them
  • To Do So, You Need to Make the Case of Why Your School Over Others?
  • Critical Mass Is Important
  • If You Build It They Will Come
  • If You Build It They Will Come They Will Come If The Rest of the Team is there to join them
  • Faculty = Having “Hiring Lines” Biases You To Present
  • The “Best” Athlete Approach Depends Upon Which Sport You are Playing
  • Basketball ≠ Sumo Wrestling ≠ Tennis
  • Are You Sure You Have the Right Athletes?
  • Training and Skill Development For Students
  • A Potential Animating Rule ...
  • Every Course Be Evaluated in Light of ...
  • its ability to help students compete in the Legal Labor Market
  • Down Come The “Hot House” Walls
  • Of Course, There is Uncertainty about What Skills Are Needed
  • “65 percent of current grade-school kids may end up doing work that hasn’t yet been invented”
  • Response --> Hedge By Providing Lots of Different Types of Skills
  • Diminishing Marginal Returns In Every Class
  • Therefore, Use The Quarter System
  • And Impose More Requirements
  • LAW
  • LAW
  • LAW
  • LAW
  • LAW
  • LAW
  • LAW
  • LAW
  • Who Said This Was Going to Be Easy?
  • Yes, there is going to be math on the exam
  • Capstone is NOT a Paper
  • Unless it is a Business Plan w/ Mkt. Research
  • Students Must Build Something...
  • Legal Incubator/ Startup Legal Info Engineering Lab Quant Legal Prediction Design/Legal Architecture Lab
  • Building The Ecosystem
  • R & D for the Industry (Grant $$)
  • Legal R & D (NSF Funding?)
  • Tech Transfer
  • Venture Capital Angel VC’s
  • Strategic Relationships with Key Members of the Industry
  • Again Critical Mass is Very Important
  • As Peer to Peer (P2P) Education is Critical
  • for me ...
  • this is not just a theoretical exercise
  • I have been a law prof for ~20 months
  • my goal is simple --
  • give students the professional education they need to thrive in this economic environment
  • MichiganState Law we are building out a polytechnic legal education track ... @
  • We have made very good progress thus far ...
  • We Are Helping Cultivate the Ecosystem
  • Osama Abu-Dehays Omar Christidis Cara Dwyer Christopher Grout Hussain Hadi Yousef Hamza Silvia Hodges James Peters David Yates Rany Sader Daniel Katz Karnig Kerkonian Renee Knake Geoff Wild (many more speakers to be confirmed) ReInvent Law Dubai A Conference on Law, Technology, Innovation and Entrepreneurship Monday, December 10, 2012 1 to 6 p.m. DIFC Centre for Excellence, Lecture Theater, Level 1 Lawyers, innovators, entrepreneurs, students, developers, and all who are interested in the future of law, technology, or entrepreneurship are encouraged to attend. For more information and to register, visit Register today! Registration is free, but seats are limited. Sponsored by Michigan State University College of Law’s graduate programs in Dubai Visit to learn more about Michigan State Law’s LL.M. and M.J. degree programs in Dubai. Earn an advanced degree in as little as two years, part-time, at MSU Dubai’s Knowledge Village campus. Keynote Speaker: Hala Fadel
  • ReInvent Law Dubai 2012 TM
  • ReInvent Law TM March 8, 2013 SPONSORED BY: SiliconValley 2013 david estrada josh becker charley moore stephanie kimbro silvia hodges jason mendelson kevin colangelo chris stone james peters raj abhyanker Hon. Ann Aiken ed walters Deven Desai henry jones michael bommarito ron dolin daniel martin katz sean mcgrath bill henderson karnig kerkonian renee knake ray bayley mark sherman josh blackman andy daws tim stanley nicole auerbach tony lai sol irvine kingsley martin ajaz ahmed richard granat john murdock iii marci harris colin rule michael poulshock
  • ReInvent Law TM SiliconValley 2013
  • ReInvent Law Channel TM
  • ReInvent Law TM ReInvent Law London 2013 New York 2013 June 2013 Feb 2014 More Free Events Coming Soon! #ReInventLaw TM
  • My Research Group is Actively Engaged in Research that is Relevant to Developing Future Legal/Govt Information Products
  • Here Are a Few Things from Our Lab Campaign Contributions and Legislative Ecosystems Six Degrees of Marbury v. Madison 3D HD Visualization of Supreme Court Citation Network Electronic World Treaty Index The United States Code
  • Here Are a Few Things from Our Lab American Federal Judiciary American Law Professoriate Building New Algorithms Large Scale Judicial Studies
  • Legal Language Explorer Indexing 450,000+ Cases
  • New Training For A New Type of Lawyer + Emerging Industries
  • TM {Law + Tec h + Design + Deliver y}
  • TM {Law + Tec h + Design + Deliver y} Substantive Legal Expertise Analytics Platform AI Computing Process User Experience Design Thinking Business Models Regulation Marketing
  • ReInvent Law TM Laboratory Current Course Offerings: 21st Century Law Practice London Summer Program Entrepreneurial Lawyering Legal Information Engineering & Technology Quantitative Methods for Lawyers Electronic Discovery Law Practice Innovation Virtual Law Practice Tentative Future Course Offerings: Legal Analytics Economics of the Legal Service & Product Market Design Thinking for Lawyers Litigation: Data, Theory & Practice Project Management for Lawyers Technology Aided Document Assembly Legal Process Engineering Artificial Intelligence & Law #ReInventLaw Daniel Martin Katz Co-Director Renee Newman Knake Co-Director Sponsored By:
  • The MIT School of Law
  • Don’t Expect A New Law School in Cambridge, MA
  • What I Am Really Saying Is ...
  • the Future is Not Self-Executing
  • it is up to all of us ...
  • lets go make it happen!
  • Daniel Martin Katz Assistant Professor of Law Michigan State University @ computational