Open Access to law and the WebMD effect

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Presentation to Cornell\'s San Francisco alumni on the effects of Internet access to law on client relationships and legal marketing

Presentation to Cornell\'s San Francisco alumni on the effects of Internet access to law on client relationships and legal marketing

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  • 1. Is there a WebMD effect? open access to law, the public, and the legal profession 11/03/09 -- Cornell Law School Alumni SFO -- Margolis & Tisman LLC
  • 2. During the last revolution, in the 15th Century.... SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 3. During the last revolution, in the 15th Century.... ✤ [Coke offers the law in English, not Law French] “so that the nobility and gentry may understand.... seeing that ignorance of the law is no excuse” SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 4. During the last revolution, in the 15th Century.... ✤ [Coke offers the law in English, not Law French] “so that the nobility and gentry may understand.... seeing that ignorance of the law is no excuse” ✤ ..and in the same volume... SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 5. During the last revolution, in the 15th Century.... ✤ [Coke offers the law in English, not Law French] “so that the nobility and gentry may understand.... seeing that ignorance of the law is no excuse” ✤ ..and in the same volume... ✤ [law should not be translated] "lest the unlearned, by bare reading without right understanding might suck out errors, and trusting in their conceit, might endamage themselves, and sometimes fall into destruction" SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 6. Why is any of this important now? SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 7. Why is any of this important now? ✤ Open-access publishers need better understanding of their impact. SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 8. Why is any of this important now? ✤ Open-access publishers need better understanding of their impact. ✤ Commercial publishers need to understand a changed marketplace. SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 9. Why is any of this important now? ✤ Open-access publishers need better understanding of their impact. ✤ Commercial publishers need to understand a changed marketplace. ✤ Lawyers need to understand the informed client SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 10. Why is any of this important now? ✤ Open-access publishers need better understanding of their impact. ✤ Commercial publishers need to understand a changed marketplace. ✤ Lawyers need to understand the informed client ✤ Law firms need to understand the marketing implications of new media and new audiences SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 11. So, what’s different now? SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 12. So, what’s different now? ✤ The breadth, depth, and quality of what’s available have increased enormously SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 13. So, what’s different now? ✤ The breadth, depth, and quality of what’s available have increased enormously ✤ Patterns of information consumption have changed SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 14. So, what’s different now? ✤ The breadth, depth, and quality of what’s available have increased enormously ✤ Patterns of information consumption have changed ✤ More sophisticated appreciation of law as an economic engine SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 15. So, what’s different now? ✤ The breadth, depth, and quality of what’s available have increased enormously ✤ Patterns of information consumption have changed ✤ More sophisticated appreciation of law as an economic engine ✤ We’re living in an administrative state (and have been for years) SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 16. Who’s putting law on the Web? SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 17. Who’s putting law on the Web? ✤ Law originators: courts, legislatures, agencies SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 18. Who’s putting law on the Web? ✤ Law originators: courts, legislatures, agencies ✤ Commercial publishers SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 19. Who’s putting law on the Web? ✤ Law originators: courts, legislatures, agencies ✤ Commercial publishers ✤ LIIs and other open-access providers SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 20. Who’s putting law on the Web? ✤ Law originators: courts, legislatures, agencies ✤ Commercial publishers ✤ LIIs and other open-access providers ✤ Regulated communities SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 21. Who’s putting law on the Web? ✤ Law originators: courts, legislatures, agencies ✤ Commercial publishers ✤ LIIs and other open-access providers ✤ Regulated communities ✤ Those who sell compliance solutions (goods and services) SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 22. Who’s putting law on the Web? ✤ Law originators: courts, legislatures, agencies ✤ Commercial publishers ✤ LIIs and other open-access providers ✤ Regulated communities ✤ Those who sell compliance solutions (goods and services) ✤ People who want to reach lawyers SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 23. What is the public doing with it? SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 24. What is the public doing with it? ✤ The “public” is at least two publics, maybe more, and there are a lot of them. SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 25. What is the public doing with it? ✤ The “public” is at least two publics, maybe more, and there are a lot of them. ✤ They’re not doing what lawyers do when lawyers do legal research. SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 26. What is the public doing with it? ✤ The “public” is at least two publics, maybe more, and there are a lot of them. ✤ They’re not doing what lawyers do when lawyers do legal research. ✤ Contextualizing/assessing position/managing risk SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 27. What is the public doing with it? ✤ The “public” is at least two publics, maybe more, and there are a lot of them. ✤ They’re not doing what lawyers do when lawyers do legal research. ✤ Contextualizing/assessing position/managing risk ✤ Taking cross-bearings on other information sources -- their lawyers, for example SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 28. What is the public doing with it? ✤ The “public” is at least two publics, maybe more, and there are a lot of them. ✤ They’re not doing what lawyers do when lawyers do legal research. ✤ Contextualizing/assessing position/managing risk ✤ Taking cross-bearings on other information sources -- their lawyers, for example ✤ Subliminally getting ideas about price and value SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 29. How do we assess impact? SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 30. How do we assess impact? ✤ Behavioral study of legal research SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 31. How do we assess impact? ✤ Behavioral study of legal research ✤ Formal study of LII impact and best practices SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 32. How do we assess impact? ✤ Behavioral study of legal research ✤ Formal study of LII impact and best practices ✤ Evaluation of lawyer marketing practices and their effectiveness SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 33. What does a service like WebMD really do? SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 34. What does a service like WebMD really do? ✤ Same duality as Coke: promotes understanding, but risks harm SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 35. What does a service like WebMD really do? ✤ Same duality as Coke: promotes understanding, but risks harm ✤ Provides support for people with obscure conditions, but... SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 36. What does a service like WebMD really do? ✤ Same duality as Coke: promotes understanding, but risks harm ✤ Provides support for people with obscure conditions, but... ✤ ...may create “cyberchondria” in those who don’t SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 37. What does a service like WebMD really do? ✤ Same duality as Coke: promotes understanding, but risks harm ✤ Provides support for people with obscure conditions, but... ✤ ...may create “cyberchondria” in those who don’t ✤ Provides routine answers to routine questions SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 38. What does a service like WebMD really do? ✤ Same duality as Coke: promotes understanding, but risks harm ✤ Provides support for people with obscure conditions, but... ✤ ...may create “cyberchondria” in those who don’t ✤ Provides routine answers to routine questions ✤ Aggregates information from commercial providers SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 39. What does a service like WebMD really do? ✤ Same duality as Coke: promotes understanding, but risks harm ✤ Provides support for people with obscure conditions, but... ✤ ...may create “cyberchondria” in those who don’t ✤ Provides routine answers to routine questions ✤ Aggregates information from commercial providers ✤ By way of illustration.... SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 40. Questions lawyers will need to answer SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 41. Questions lawyers will need to answer ✤ What about the “latent legal market”? SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 42. Questions lawyers will need to answer ✤ What about the “latent legal market”? ✤ What must lawyers do as purveyors of legal information? SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 43. Questions lawyers will need to answer ✤ What about the “latent legal market”? ✤ What must lawyers do as purveyors of legal information? ✤ What new opportunities exist? SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 44. The latent legal market SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 45. The latent legal market ✤ First articulated by Richard Susskind, a British “lawyer-futurist” SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 46. The latent legal market ✤ First articulated by Richard Susskind, a British “lawyer-futurist” ✤ Key perception is that there is a large audience that is underserved SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 47. The latent legal market ✤ First articulated by Richard Susskind, a British “lawyer-futurist” ✤ Key perception is that there is a large audience that is underserved ✤ Extensively reinterpreted to emphasize price barriers, esp. for the middle class SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 48. The latent legal market ✤ First articulated by Richard Susskind, a British “lawyer-futurist” ✤ Key perception is that there is a large audience that is underserved ✤ Extensively reinterpreted to emphasize price barriers, esp. for the middle class ✤ Barriers of understanding/comfort are possibly more important for even more audiences SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 49. What must lawyers do as legal- information purveyors? SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 50. What must lawyers do as legal- information purveyors? ✤ What goes above the 800 number? SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 51. What must lawyers do as legal- information purveyors? ✤ What goes above the 800 number? ✤ What do clients want or expect to see? SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 52. What must lawyers do as legal- information purveyors? ✤ What goes above the 800 number? ✤ What do clients want or expect to see? ✤ An illustration: Joy Blumkin vs. Nolo Press vs. Saul Elnadav vs. Green and Seifter SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 53. What new opportunities exist? SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 54. What new opportunities exist? ✤ Attorney marketing to J. Random Citizen SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 55. What new opportunities exist? ✤ Attorney marketing to J. Random Citizen ✤ Attorney-to-professional marketing SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 56. What new opportunities exist? ✤ Attorney marketing to J. Random Citizen ✤ Attorney-to-professional marketing ✤ Attorney-to-attorney marketing SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
  • 57. What new opportunities exist? ✤ Attorney marketing to J. Random Citizen ✤ Attorney-to-professional marketing ✤ Attorney-to-attorney marketing ✤ All of these work well alongside primary and secondary law resources SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii