A. Innovation methodologies are used to create novel experiments meant to improve DEI in legal, but more significantly, systems innovation creates an opportunity to advance DEI as a critical feature of the next epoch and not an afterthought.


I begin this post with a disclaimer: I’m a woman in law. I’m not racially diverse, or otherwise so. While I have an education and appreciation of the myriad DEI issues in the profession and broader society, I do not have a personal understanding beyond my own gendered experience. I speak only for myself from my place of understanding, with the best intentions towards empowering all people to flourish through equitable systems.

Q: “Wait, is this a Diversity initiative or an Innovation initiative?”

A: “It’s both.”
Continue Reading Q: How does innovation intersect with Diversity, Equity, and Inclusion (DEI) initiatives in law? (298)

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The legal profession appears to be on autopilot.


This post is for legal market analysts who are looking for updated and reliable data on the current legal services market. Collectively, its eight graphics reveal several themes that ought to give us pause, as we (the legal profession) may not have unlimited runaway to focus on strategies related to income and profit.

Most of the underlying data come from the Economic Census, which is a detailed ongoing survey of US businesses conducted every five years (years ending in 2 and 7) by the US Census Bureau.  Because of the size and scope of the data collection effort (it’s a census, not a sampling), it takes the full five-year cycle to complete the analysis and release the findings. The final—and in my view, the most interesting—installments were published last fall.
Continue Reading Eight updated graphics on the US legal services market (285)


Sometimes things have to get worse before they get better.


Nothing I have read over the last several years haunts me as much as the following line from Gillian Hadfield: “People who feel as though the rules don’t care about them don’t care about the rules.”  Rules for a Flat World at 79 (2017).

When I first read those words, I can remember thinking, “this explains the 2016 presidential election,” though the name Donald Trump appears nowhere in the book. Likewise, for the next four years, Professor Hadfield’s observation offered a remarkably concise explanation for the public’s growing indifference to democratic norms, democratic institutions, and the Rule of Law. Then the events of January 6th offered a disturbing punctuation point.
Continue Reading Just not good enough (226)


“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)