The legal profession is resistant to change, but the world is changing very fast. The longer it takes law firms—and law schools—to catch up, the more painful the transition is going to be. According to Paul Lippe of the ABA Journal and the idea of prudent innovation, it’s important that lawyers do not resist change just because it makes them uncomfortable or believe that there is only one method suited for preparing law students for the future. In fact, sticking to the same process for teaching law students and funding their education isn’t “sustainable”, according to Lippe.

An article in the New York Times by Steven Harper titled “Too Many Law Students, Too Few Legal Jobs” points out some of the flaws in legal education, including tuition, and states that the American Bar Association should start trying to limit the number of law students. Lippe, on the other hand, argues that  law schools do not need to decrease their numbers. Instead, they need to innovate an change according to how the rest of the world is changing. He cites the University of Colorado Law School, and specifically it’s dean Phillip Weiser who will be stepping down in 2015, as proof that prudent innovation works. Contrary to Harper’s ideas, Weiser has increased the number of students in the University of Colorado Law School and kept tuition the same due to exceptional fundraising. In addition to those impressive feats, Weiser has created several ways for law students to learn about technology, including the Tech Lawyer Accelerator and the Silicon Flatirons Center for Law, Technology and Entrepreneurship. By implementing these initiatives and waiting to see if they benefit their students in the careers, Weiser and the rest of the University of Colorado Law School can make sure that their style of law education is ready to solve the new problems the legal profession is being tasked with as technology, security, and intellectual property laws change and become more important.

Even though schools like the University of Colorado are taking bold strides toward prudent innovation, many schools are in denial or nostalgic for the “good ol’ days”. Law schools have a responsibility to society and their students to make sure that the law profession remains relevant and viable. And, unfortunately for those who hate change, that means law schools will need to start determining how best to adjust and grow to suit the needs of the rest of the world.

Articles via ABA Journal, September 10, 2015; New York Times, August 25, 2015;

Photo: Harvard Law School Library via NKCPhoto [Creative Commons Attribution-NonCommercial-NoDerivs]

Antipoaching, the act of refusing to hire employees from a rival company, may not seem like the best business strategy for large tech companies like Google or Apple who are always capitalizing on the “next big thing”. However, a civil law suit was filed against several companies including Google, Apple, Adobe, and Intel for antipoaching and is now recently being settled for $415 million after movie studios Pixar and Lucasfilm and financial software company Intuit settled previously. The companies involved in the lawsuit were accused of agreeing to not hire certain employees from each other which allowed each company to retain employees they would rather not lose. While antipoaching does sometimes serve the best interests of the company as a whole, some employees looking to earn a higher salary or explore other opportunities outside their place of work feel that the antipoaching agreement hindered their abilities to move up in their fields. Earlier versions of the lawsuit also included allegations that the antipoaching agreement allowed companies to artificially keep salaries low.

Even though all of the companies involved in the lawsuit chose to settle, many of the companies continued to state that they believed they had done nothing wrong. A statement released to CNET from Adobe by one of their spokespeople explained that, “Adobe firmly believes that our recruiting policies have in no way diminished competition for talent in the marketplace…Nevertheless, we elected to settle this matter in order to avoid the uncertainties, cost, and distraction of litigation.” A similar statement was released by Intel back in January when the settlement was originally proposed.

Article via CNET, September 3, 2015

Photo: Google Headquarters – Mt View via Servizi Multimediali [Creative Commons Attribution-NonCommercial-NoDerivs]

With law firms and their clients facing cyber threats more and more frequently, it makes sense that firms would want to come together and share what information they know about these threats in order that each firm can be better prepared to advise their clients. The Legal Services Information Sharing and Analysis Organization, or LS-ISAO for short, was formed to allow this kind of collaboration between firms. The new alliance is connected with a similar organization, the Financial Services Information Sharing and Analysis Organization, or FS-ISAO, which has been requiring private and public financial sectors to share information on cyber security and other threats since 1999. While LS-ISAO was formed after several law firms contacted the FS-ISAO, not all law firms are eager to join the alliance.

Although any law firms are educating their members on cyber threats or even have teams specifically dedicated to cybersecurity, most law firms guide their response to cyber threats based upon their clients’ opinions. For example, Chanley Howell, a member of the cybersecurity team at Foley & Lardner, isn’t very keen on becoming a part of the alliance, but explains, “If we start hearing clients recommend it, we’ll probably join.” Though it may seem counterintuitive for a cybersecurity team to put off joining an organization created to spread knowledge about cyber threats, Jeremiah Buckley, a founder member of Buckley Sandler who writes about cyber risk, argues that there are some potential drawbacks an organization that shares cybersecurity information so freely. Namely, if a law firm shares what they learned from a cyber threat with the alliance, even though everything is required to be anonymous, other firms could still determine which law firm was involved and then use that information to attack and discredit the firm. On the flip side, firms should be wary of information that is shared anonymously since there is no way to prove that the information is correct. Finally, firms are still competing with one another, and giving someone else a leg up may not always be in a firm’s best interests.

Even though there may be some issues associated with the new alliance, the Legal Services Information Sharing and Analysis Organization is still young. With time, according to the Vice President of Products and Services at the FS-ISAO, trust will develop between its members.

Article via Bloomberg BNA, August 21, 2015

Photo: Two People-Business Meeting via Stephen D [Creative Commons Attribution-NonCommercial-NoDerivs]

The Department of Justice has put stricter regulations on the use of cell-site simulators by requiring a warrant to be issued before one can be used, except in the case of “exigent” or “exceptional circumstances”, according to the CNN report covering the announcement. Cell-site simulators, which acquire locational data from cellphones by posing as cell towers, have not been regulated previously. The use of cell-site simulators have proven very helpful to law enforcement trying to locate kidnapping victims, terrorists, and other fugitives. While effective, these simulators also gather information about citizens who have not committed any crimes. This breach of privacy calls into question the ethics behind using cell-site simulators which in turn led to the announcement from the Department of Justice.

The new regulations have been praised as a step in the right direction for protecting citizen’s privacy after previous scandals of government agencies hiding their surveillance technology from the public. However, the Department of Justice’s announcement only applies to federal agencies, not local or state law enforcement. The staff attorney for the American Civil Liberties Union, Nathan Freed Wessler, stated that “Congress should act to pass more comprehensive legislation to ensure that Americans’ privacy is protected from these devices and other location tracking technologies” by including law enforcement agencies that purchased cell-site simulations with federal funding under the new regulations.

Articles via ABA Journal, September 4, 2015: CNN, September 3, 2015

Photo: Timelaps with Oneplus One Cellphone via Damien Thorne [Creative Commons Attribution-NonCommercial-NoDerivs]

Robert Ambrogi of the blog Law Sites believes “that crowdsourcing can help democratize legal research and enable free research sites to become more viable alternatives to paid sites.” Unfortunately for those who believe strongly in the impact crowdsourcing can have upon the law profession, most websites focused on sharing legal issues have failed. Crowdsourcing relies on users to contribute freely to the conversation at hand, whether that be by posing questions about certain law practices, sharing new insights or research that can educate others, or arguing hypothetical cases. Due to the fact that users are posting of their own free volition and not because they are looking forward to being paid, they need an incentive to keep coming back to the site and adding to the growing bank of knowledge. In the past, as shown by a multitude of legal crowdsourcing websites that have disappeared or gone dormant, finding the right incentive can been difficult. As Apoorva Mehta, the creator of one such failed enterprise, explains“I didn’t know anything about lawyers when we started. Turns out, they don’t like technology, and they don’t like to share things.”

Even though many have failed in the past, crowdsourcing legal research could still be effective at accumulating knowledge. Three sites—Casetext, Wex, and CanLII Connects—are proof that lawyers can collaborate using technology. Each site has a slightly different way of encouraging lawyers to contribute. For example, Casetext has created little niches called Casetext communities that allow lawyers with similar interests to discuss and network together online, prompting discussions and drawing more users to the communities. Additionally, Casetext provides an outlet for lawyers who love writing about law without the added worry setting up an individual blog or analyzing SEO. This publishing platform, called Legalpad, even comes with built in readers from the Casetext communities. Wex approaches incentivizing a bit differently by narrowing down the type of crowdsourcing it hopes to generate and focusing on becoming a sort of legal Wikipedia. Those that contribute to Wex articles are then listed as one of the authors. Lastly, CanLII boasts a bit of exclusivity by only allowing registered members the ability to engage in crowdsourcing.

Crowdsourcing websites have to focus on what is going to make people want to contribute and how to make those contributions useful to others. Though sites are still trying to pin down exactly how to accomplish the former, the free availability of legal research that Ambrogi dreams of may not be just a dream much longer.

Article via Law SitesAugust 10, 2015

Photo: The Rotherhithe Picture Research Library via Chris Guy [Creative Commons Attribution-NonCommercial-NoDerivs]

Now, in addition to common domain names such as .com or .net, lawyers with the appropriate qualifications can differentiate themselves with a domain name specific to the legal community. As Lou Andreozzi, the CEO of .law explains, this new domain name can be useful in several ways to interested attorneys. For example, it opens up names that may already be registered to a .com or .net address to be used. Additionally, since there are specifications that individuals must meet to purchase a .law domain name, namely being a licensed lawyer, websites with .law may appear more creditable than those with a domain name that can be purchased by anyone, such as .com. While .law is the first domain name available specifically for those in legal professions, other such as .attorney or .esq may also become available soon.

Some prominent law firms are already beginning to take advantage of the new domain name. Though the domain name will not be available to the legal community at large until October, firms that have registered their trademarks with the Internet Corporation for Assigned Names and Numbers have had early access to ordering from the owner of .law, Minds + Machines.

Article via ABA Journal, August 10, 2015

Photo: The letters of the law via laura.bell [Creative Commons Attribution-NonCommercial-NoDerivs]