For frustrated legal innovators, one of the missing pieces might be found in this new book on trust.


Todd Henderson and Salen Churi, two law professors, have written a deep analysis of trust — its cultural history, social mechanics, economic elements, and of course how it relates to law and regulation.  As they put it, the goal of the book is “to establish trust as a lingua franca for discussion of issues that are often thought of as discreetly political but actually needn’t be” (p. xvi).

The inspiration for their effort was Uber, which I will discuss a little more in a minute.  But while the book covers a great deal of ground — from securities regulation to dinner parties to the Hanseatic League — it does not pause to unpack the implications for lawyers themselves.  I’d like to do a little of that below, because the margins of my copy of The Trust Revolution are full of graffiti on that topic.
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Culture. Character. Practices. Systems.


When it comes to empirical research on lawyers, we’re all lightweights compared to Randall Kiser.  Over the last decade, Kiser has authored books on lawyer decision making in the context of litigation, Beyond Right and Wrong (2010), the mindset and work habits of trial lawyers who consistently outperform their peers, How Leading Lawyers Think (2011), and an empirically grounded analysis of the skills and behaviors needed to build a successful legal career, Soft Skills for the Effective Lawyer (2017).
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Glass Half Full: The Decline and Rebirth of the Legal Profession
Benjamin H. Barton, Helen and Charles Lockett Distinguished Professor of Law at University of Tennessee-Knoxville College of Law.
New York: Oxford University Press, 2015. 305 pp. ISBN: 978-0-19-020556-0.

The laws of supply and demand have finally caught up with the modern U.S. legal profession,