Is there a WebMD effect?
open access to law, the public, and the legal profession

11/03/09 -- Cornell Law School Alumni S...
During the last revolution, in the
15th Century....




SFO alumni - 2009-11-03 - Margolis & Tisman LLC   lii
During the last revolution, in the
15th Century....

✤   [Coke offers the law in English, not Law French] “so that the nob...
During the last revolution, in the
15th Century....

✤   [Coke offers the law in English, not Law French] “so that the nob...
During the last revolution, in the
15th Century....

✤   [Coke offers the law in English, not Law French] “so that the nob...
Why is any of this important now?




SFO alumni - 2009-11-03 - Margolis & Tisman LLC   lii
Why is any of this important now?


✤   Open-access publishers need better understanding of their impact.




SFO alumni -...
Why is any of this important now?


✤   Open-access publishers need better understanding of their impact.

✤   Commercial ...
Why is any of this important now?


✤   Open-access publishers need better understanding of their impact.

✤   Commercial ...
Why is any of this important now?


✤   Open-access publishers need better understanding of their impact.

✤   Commercial ...
So, what’s different now?




SFO alumni - 2009-11-03 - Margolis & Tisman LLC   lii
So, what’s different now?


✤   The breadth, depth, and quality of what’s available have increased
    enormously




SFO ...
So, what’s different now?


✤   The breadth, depth, and quality of what’s available have increased
    enormously

✤   Pat...
So, what’s different now?


✤   The breadth, depth, and quality of what’s available have increased
    enormously

✤   Pat...
So, what’s different now?


✤   The breadth, depth, and quality of what’s available have increased
    enormously

✤   Pat...
Who’s putting law on the Web?




SFO alumni - 2009-11-03 - Margolis & Tisman LLC   lii
Who’s putting law on the Web?

✤   Law originators: courts, legislatures, agencies




SFO alumni - 2009-11-03 - Margolis ...
Who’s putting law on the Web?

✤   Law originators: courts, legislatures, agencies

✤   Commercial publishers




SFO alum...
Who’s putting law on the Web?

✤   Law originators: courts, legislatures, agencies

✤   Commercial publishers

✤   LIIs an...
Who’s putting law on the Web?

✤   Law originators: courts, legislatures, agencies

✤   Commercial publishers

✤   LIIs an...
Who’s putting law on the Web?

✤   Law originators: courts, legislatures, agencies

✤   Commercial publishers

✤   LIIs an...
Who’s putting law on the Web?

✤   Law originators: courts, legislatures, agencies

✤   Commercial publishers

✤   LIIs an...
What is the public doing with it?




SFO alumni - 2009-11-03 - Margolis & Tisman LLC   lii
What is the public doing with it?

✤   The “public” is at least two publics, maybe more, and there are a lot
    of them.
...
What is the public doing with it?

✤   The “public” is at least two publics, maybe more, and there are a lot
    of them.
...
What is the public doing with it?

✤   The “public” is at least two publics, maybe more, and there are a lot
    of them.
...
What is the public doing with it?

✤   The “public” is at least two publics, maybe more, and there are a lot
    of them.
...
What is the public doing with it?

✤   The “public” is at least two publics, maybe more, and there are a lot
    of them.
...
How do we assess impact?




SFO alumni - 2009-11-03 - Margolis & Tisman LLC   lii
How do we assess impact?



✤   Behavioral study of legal research




SFO alumni - 2009-11-03 - Margolis & Tisman LLC   l...
How do we assess impact?



✤   Behavioral study of legal research

✤   Formal study of LII impact and best practices




...
How do we assess impact?



✤   Behavioral study of legal research

✤   Formal study of LII impact and best practices

✤  ...
What does a service like WebMD
really do?




SFO alumni - 2009-11-03 - Margolis & Tisman LLC   lii
What does a service like WebMD
really do?
✤   Same duality as Coke: promotes understanding, but risks harm




SFO alumni ...
What does a service like WebMD
really do?
✤   Same duality as Coke: promotes understanding, but risks harm

✤   Provides s...
What does a service like WebMD
really do?
✤   Same duality as Coke: promotes understanding, but risks harm

✤   Provides s...
What does a service like WebMD
really do?
✤   Same duality as Coke: promotes understanding, but risks harm

✤   Provides s...
What does a service like WebMD
really do?
✤   Same duality as Coke: promotes understanding, but risks harm

✤   Provides s...
What does a service like WebMD
really do?
✤   Same duality as Coke: promotes understanding, but risks harm

✤   Provides s...
Questions lawyers will need to
answer




SFO alumni - 2009-11-03 - Margolis & Tisman LLC   lii
Questions lawyers will need to
answer


✤   What about the “latent legal market”?




SFO alumni - 2009-11-03 - Margolis &...
Questions lawyers will need to
answer


✤   What about the “latent legal market”?

✤   What must lawyers do as purveyors o...
Questions lawyers will need to
answer


✤   What about the “latent legal market”?

✤   What must lawyers do as purveyors o...
The latent legal market




SFO alumni - 2009-11-03 - Margolis & Tisman LLC   lii
The latent legal market

✤   First articulated by Richard Susskind, a British “lawyer-futurist”




SFO alumni - 2009-11-0...
The latent legal market

✤   First articulated by Richard Susskind, a British “lawyer-futurist”

✤   Key perception is tha...
The latent legal market

✤   First articulated by Richard Susskind, a British “lawyer-futurist”

✤   Key perception is tha...
The latent legal market

✤   First articulated by Richard Susskind, a British “lawyer-futurist”

✤   Key perception is tha...
What must lawyers do as legal-
information purveyors?




SFO alumni - 2009-11-03 - Margolis & Tisman LLC   lii
What must lawyers do as legal-
information purveyors?


✤   What goes above the 800 number?




SFO alumni - 2009-11-03 - ...
What must lawyers do as legal-
information purveyors?


✤   What goes above the 800 number?

✤   What do clients want or e...
What must lawyers do as legal-
information purveyors?


✤   What goes above the 800 number?

✤   What do clients want or e...
What new opportunities exist?




SFO alumni - 2009-11-03 - Margolis & Tisman LLC   lii
What new opportunities exist?


✤   Attorney marketing to J. Random Citizen




SFO alumni - 2009-11-03 - Margolis & Tisma...
What new opportunities exist?


✤   Attorney marketing to J. Random Citizen

✤   Attorney-to-professional marketing




SF...
What new opportunities exist?


✤   Attorney marketing to J. Random Citizen

✤   Attorney-to-professional marketing

✤   A...
What new opportunities exist?


✤   Attorney marketing to J. Random Citizen

✤   Attorney-to-professional marketing

✤   A...
Upcoming SlideShare
Loading in …5
×

Open Access to law and the WebMD effect

831 views

Published on

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

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
831
On SlideShare
0
From Embeds
0
Number of Embeds
3
Actions
Shares
0
Downloads
8
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide
  • Open Access to law and the WebMD effect

    1. 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. 2. During the last revolution, in the 15th Century.... SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
    3. 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. 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. 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. 6. Why is any of this important now? SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
    7. 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. 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. 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. 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. 11. So, what’s different now? SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
    12. 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. 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. 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. 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. 16. Who’s putting law on the Web? SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
    17. 17. Who’s putting law on the Web? ✤ Law originators: courts, legislatures, agencies SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
    18. 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. 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. 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. 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. 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. 23. What is the public doing with it? SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
    24. 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. 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. 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. 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. 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. 29. How do we assess impact? SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
    30. 30. How do we assess impact? ✤ Behavioral study of legal research SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
    31. 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. 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. 33. What does a service like WebMD really do? SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
    34. 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. 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. 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. 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. 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. 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. 40. Questions lawyers will need to answer SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
    41. 41. Questions lawyers will need to answer ✤ What about the “latent legal market”? SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
    42. 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. 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. 44. The latent legal market SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
    45. 45. The latent legal market ✤ First articulated by Richard Susskind, a British “lawyer-futurist” SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
    46. 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. 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. 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. 49. What must lawyers do as legal- information purveyors? SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
    50. 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. 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. 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. 53. What new opportunities exist? SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
    54. 54. What new opportunities exist? ✤ Attorney marketing to J. Random Citizen SFO alumni - 2009-11-03 - Margolis & Tisman LLC lii
    55. 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. 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. 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

    ×