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The MIT School of Law
A Perspective on Legal Education in the 21st Century
Daniel Martin Katz
Illinois Institute of Technology
Associate Professor of Law
Despite some of the
blustery rhetoric
the market(s) for legal
services is not going away
that said -
the Market(s) for Legal
Services is Changing
and in turn so is the ‹
market for legal education ...
So the proper question
we should be asking ...
How Do We Prepare
Our Students to
Survive (Thrive) in the
emerging ordering?
in my view, we just need to
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
Polytechnic Legal.edu
is arguably well configured
to the various existing
faces of innovation in legal
3 faces of innovation in legal
(1) lawyers for innovators / entrepreneurs
(1) lawyers for innovators / entrepreneurs
what most lawyers and law schools call “Law+Entrepreneurship"
(2) lawyers as innovators - substance /doctrine
poison pill - “the most important innovation in corporate law
since Samuel Calvin Tate Dodd invented the trust
for John D. Rockefeller and Standard Oil in 1879”
(2) lawyers as innovators - substance /doctrine
emerging areas - 3D Printing, Driverless Cars, Augmented Reality,
Data Breach, Big Data+Privacy, etc.
Drones, Internet of Things, CyberSecurity,
(2) lawyers as innovators - substance /doctrine
(3) lawyers as innovators - business/process
innovation directed toward transforming the practice of law
(3) lawyers as innovators - business/process
innovation directed toward cultivating new markets for law
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
Although many of pieces
were already in place ...
The Financial Crisis Placed
SigniïŹcant Pressure on GC’s
To Control Their Legal Spend
Legal was brought
in line with
the Other C Level
OfïŹcers/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 ...
implication is that
every organization
needs a data strategy
2011
The Age of
Quantitative Legal Prediction
2011
The Age of
Quantitative Legal Prediction
2011
The Age of
Quantitative Legal Prediction
2012
The Age of
Quantitative Legal Prediction
2013
The Age of
Quantitative Legal Prediction
Quantitative Legal Prediction
- or -
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
2013
2013
The Age of
Quantitative Legal Prediction
2013
2013
2013
2013
2014
2014
2014
2014
Some Commercial Examples
Predictive
Coding
in
E-Discovery
https://lexmachina.com/
“The software
identiïŹes standard
and terms in
contracts, and its
benchmarking
tools show
lawyers how their
current document
compares to the
standard.”
http://www.noticeandcomment.com/
General Counsels as Legal
Procurement Specialists
TyMetrix -
Using $50 billion+ in Legal
Spend Data to Help GC’s
Look for Arbitrage
Opportunities, Value
Propositions in Hiring Law
Firms
Legal Procurement
(High End of Market)
experts, crowds, algorithms
3 known ways to forecast
For most problems ...
ensembles of these streams
outperform any single stream
data driven law practice
This is *not*
the end of lawyers
Instead the
pseudocode for our times ...
Humans
+
Machines
Humans
+
Machines
>
Humans
+
Machines
Humans
or
Machines
>
How to get students trained
for data driven law practice
Quantitative Methods for Lawyers
Professor Daniel Martin Katz
Legal Analytics
Professor Daniel Martin Katz
Professor Michael J Bommarito II
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
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
Some of these are
established
companies ...
But there are
many more coming ...
https://angel.co/
15
2009
Law or Legal Related Companies
15
2009
Law or Legal Related Companies
15 400
2009 2014
Law or Legal Related Companies
+
R e p o r t e d s a l e
price between $35
million and $40
million.
Final Number was
likely between
$80 - $100 million
A n u m b e r o f
venture capitalists
have invested in
t h e c o m p a n y ,
including Silicon
Valley’s Sequoia
C a p i t a l w h i c h
invested $7 million
in 2007 ....
Law Schools as
academic research
institutions can help
support the frontier
of research and
development in law
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
How Many
Professors
at either of these
Elite Institutions ...
Seriously Know
Anything About ...
Legal Information Technology
Legal Information Engineering?
Obviously that is a
rhetorical question
This Weakness Is
Serious Because The
Walls that Separated ...
Legal Education from the
Legal Services Market
Are Coming Down
And it is
Game On
:)
Time to Reboot What It Means
to ‘Think Like a Lawyer’
Substantive
Legal
Expertise
Is NOT Enough
{Law}
Has Already Become ...
{Law + Tech + Design + Delivery}
TM
where
{ Law } = Substance
{ Tech + Design + Delivery } = Process
{ Law } = Substance
{Law
Substantive
Legal
Expertise
{Law
Substantive
Legal
Expertise
Analytics
Platform
AI
Computing
KM
+ Tech
{Law
Substantive
Legal
Expertise
Process Engineering
User Experience
Design Thinking
Project Mgmt
+ Design
Analytics
Platform
AI
Computing
KM
+ Tech
{Law
Substantive
Legal
Expertise
Process Engineering
User Experience
Design Thinking
Project Mgmt
Business Models
Regulation
Marketing
+ Design
TM
+ Delivery}
Analytics
Platform
AI
Computing
KM
+ Tech
the thrust of this is actually
an idea developed @
T Shaped Professionals
The Components of the “T”
Obviously differ by subtopics but
there are some general themes
via
my former student
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 to me
Many Current Lawyers
are really doing Hybrid Work
Law & ___ Tasks
Traditional Tasks with the
Substantial Aid of Technology
Extend This Idea to
Skill Blending in
Many Domains
Building The
“MIT School of Law”
Inputs (Different Students + Faculty)
Better Training = Better Lawyers
Connect to the Broader Industry Ecosystem
Attract
Train
Place
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
≠
Tennis
Basketball
≠
Sumo Wrestling
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
Who Said This
Was Going to
Be Easy?
Yes, there is going to
be math on the exam
Capstone is NOT
a Paper Alone
Unless it is a
Business Plan
w/ Mkt. Research
Students Must
Build Something...
Legal Incubator/ Startup
Legal Analytics Project
‘Lean’ Apprenticeship Program
Design/Legal Info 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
Packaging the
Final Product
need to do something
different and question
status quo thinking
hack the existing
prestige hierarchy
Portfolios Resumes>
Evidence > Noisy Signaling
http://www.andyninh.com/
http://www.chasehertel.com/
http://about.me/
karenfrancismcwhite
http://patellis.wordpress.com/
http://briancpike.com/
http://www.amanismathers.com/
The MIT
School of Law
Don’t Expect A
New Law School in
Cambridge, MA
This is not a
blueprint for all of
legal education
probably more likely to
be a well functioning unit
within an existing school
What I Am
Really
Saying Is ...
“don't waste a crisis”
this is a very exciting time
in law.edu and there is
everything to play for ...
but the Future is
*Not*
Self-Executing
it is up to all of us ...
so lets go make
it happen!
Daniel Martin Katz
Chicago Kent College of Law
Associate Professor of Law
@ computational
computationallegalstudies.com
danielmartinkatz.com

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