“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)

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One-to-many legal solutions are built by teams of multidisciplinary professionals. It’s time to build a legal talent supply chain.


The above graphic is a map of the human capital needed to create “one-to-many” legal solutions (Human Capital Map).  It’s a dense graphic on a complex topic. To explain its structure and the key insights it provides, I’ll cover the following topics:
Continue Reading Human capital for one-to-many legal solutions (126)


Our profession evolves through people. Some are stepping up.


Everyday, when I am paying attention, the world is nudging me to let go of something wrong and unhelpful. A friend of mine calls it “dropping the rock.”  The rock is an assumption about how the world operates that can’t be reconciled with an honest evaluation of facts and experience.
Continue Reading Dropping the Rock: three examples (112)

Marcus Arnold and Michael Lewis, © Capital Pictures

In this post, I tell an old Michael Lewis story that bears on the law. Remarkably, most of the insights come from a 15-year-old boy named Marcus Arnold, pictured above with Lewis circa 2001.  I then review the U.K.’s journey to market liberalization, including the repeal of the British version of Model Rule 5.4.  
Continue Reading Pyramids, Pancakes, and Rule 5.4 (106)


A worksheet to help innovators avoid failure


The graphic above is worksheet designed to aid the development and adoption of legal innovations. I created it for my “How Innovation Diffuses in the Legal Industry” courses at Bucerius and Northwestern Law (downloadable PDF available here). This past week, I had the opportunity to present it at LMA’s P3 Conference in Chicago.
Continue Reading Scoring your innovation (098)