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Open Access to law and the WebMD effect

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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

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