Some realism on the regulatory reform movement


Imagine a legal sector neatly divided into two groups: the Rule Makers and the Risk Takers.  With evidence piling up that the legal market is not working for ordinary citizens, the Rule Makers come together to evaluate possible changes. After the new rules are enacted, the burden shifts to the Risk Takers to build out workable solutions.

If we apply this simple model to the US legal sector, it appears that the Rule Makers are struggling to deliver, as the most high-profile liberalization efforts at the state and national levels are now being shelved or slow-walked. See, e.g., Cheryl Miller, “California State Bar Puts Brakes on Proposed ‘Regulatory Sandbox,’” Am. Law., Mar. 13, 2020 (citing “political headwinds” as reason for tabling ATILS Task Force recommendations); Brenda Sapino Jeffreys, “ABA Approves Innovation Resolution, With Revisions to Limit Regulatory Changes,” Law.com, Feb. 17, 2020 (discussing passage of watered down resolution that disavowed any changes to nonlawyer ownership or the unauthorized practice of law).
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“Everything should be made as simple as possible, but not simpler.”    — Albert Einstein


The members of the Delta Model working group imagine a world, not too far off, where law schools, legal employers and clients all share a common touchstone for lawyer development.  For the last two years, we’ve been working on such a touchstone, which we call the Delta Model.  Our current version is expressed in the graphic above.
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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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The Difficult Problem Framework is a simple tool that requires continuous learning and objectivity. Part II of a two-part series.


The framework above was developed to solve very difficult problems related to organizational change, particularly those now facing the legal field. I realize the framework looks laughably simple. That said, it’s harder to apply than