Legal Productivity Problem

Photo by Maarten van den Heuvel on Unsplash

For the legal industry, the answer is likely “now.”


Lawyers love the expression “better, faster, cheaper—pick two.”  But what happens when there is a change in the state of the art such that gains in all three are possible and the only constraint is a workforce with the requisite state-of-the-art skills?
Continue Reading When is a generational strategy the best strategy? (235)


Preliminary thoughts on our next paradigm.

In Post 231, I presented a crowded and chaotic market map as evidence that the legal industry is the early days of a revolution in which the center of gravity is shifting away from one-to-one consultative services toward a new model that includes legal products and services. Further, I suggested that the auto industry circa 1905 provides the best metaphor to convey the breadth and depth of the change that is coming our way.

Another fruitful lens for analyzing the tumult in the legal market is the Kuhn cycle (see above graphic), which is the leading framework for explaining large-scale changes in science. See Thomas S. Kuhn, The Structure of Scientific Revolutions (4th ed. 2012).
Continue Reading Does the Kuhn cycle apply to law? (233)


Lawyers are trained to be good at what machines can’t do.


Will the world still need lawyers once AI gets really good?

The short answer is yes—and I believe it will still be yes no matter how good AI gets.  My view is not universally accepted, so I will need to lay it out, and that will involve some claims about what humans are and whether a machine can ever be like that.  This will shed considerable light on what lawyers essentially do, and help us to see how machines can help us to be better lawyers.
Continue Reading Legal’s AI rocket ship will be manned (book review) (232)


A crowded, chaotic landscape in love with the future.


The opening graphs of Richard Susskind’s Tomorrow’s Lawyers (2nd ed. 2016) predict the revolution that is now underway:

This book is a short introduction to the future for young and aspiring lawyers.

Tomorrow’s legal world, as predicted and described here, bears little resemblance to that of the past. Legal institutions and lawyers are at a crossroads, I claim, and will change more radically in less than two decades than they have over the past two centuries. If you’re a young lawyer, this revolution will happen on your watch. (p. xvii)

Indeed, only a revolution could explain the above “market map,” which reflects literally hundreds of point solutions for a rapidly expanding one-to-many legal marketplace.
Continue Reading The best metaphor for today’s legal market is the auto industry circa 1905 (231)

Photo Credit: ESA/NASA

The 4th Industrial Revolution is here (even for lawyers).  A look at what digital transformation actually means for legal markets — and the investments tomorrow’s winners are making today.

Today’s post is the final part in the 5-part series #GreatExpectations for the #GreatReset.  (Like the vaccine rollout 💉 and my workout plan 😁, this post is a bit delayed 🥺.  A million thanks to Bill and the Legal Evolution audience for the patience!)
Continue Reading #GreatExpectations, Part V: Cloudy with a Chance of Digital Disruption (220)


Position isn’t destiny — especially times of turmoil.  Eight charts illustrate the true extent of volatility underlying apparent stagnation in legal markets and give an advance peek at the state of play for 2021.

This post is the third in a 5-part series, #GreatExpectations for the #GreatReset.  The aim of this series is to provide a shared foundation of fact and data to help envision the market dislocations likely to occur in the current economic downturn and recovery.
Continue Reading #GreatExpectations, Part III: As the Mighty Fall, New Challengers Rise (218)

Photo by Galina N via Unsplash

Before we peer into the 🔮 crystal ball to forecast what awaits legal markets in a post-pandemic future, we first look back to the past for lessons from the last downturn – with a wider lens to better understand how the world around our industry is changing.

Now is the winter of our discontent: the worst (😧!) year (🤮!) EVER (😣!!) is finally in the rearview mirror.  Although the first stretch of the new year presages some grim days ahead, I’m doing my best to look to 2021 and beyond with hope and optimism.
Continue Reading #GreatExpectations for the #GreatReset, Part I: a Recession Retrospective and a Post-Pandemic Reckoning (216)


“It is no exaggeration to say that the Restatement of the common law is the most difficult as well as the most important public work ever undertaken without the aid of government by the legal profession in this or any other country.”  William Draper Lewis, “Present Status of the American Law Institute,” 11 NYU L Rev 337, 343 (1929).

This essay is about the importance and value of building shared “legal infrastructure,” which is a term coined by the eminent economist and law professor Gillian Hadfield in her book, Rules for a Flat World (2017).
Continue Reading Legal infrastructure and the forgotten story of the Restatements (207)


When taught in context, one-to-many law practice is relatively simple and intuitive.


Many of my colleagues in the NewLaw elite often laugh that there’s no such thing as legal project management or data analytics for lawyers.  And I get their point.  The application of decades-old disciplines to the practice of law does not change