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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The answer appears to be yes. A deep dive into Hotshot.


For many of us, success is partially a function of being at the right place at the right time.  Yet, this type of luck often has even larger second-order effects, such as the ability to see new and emerging business opportunities.  Indeed, this is how I see the careers of Ian Nelson and Chris Wedgeworth, who were part of the sales team that helped Practical Law Company (PLC) enter and dominate the U.S. market.
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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.
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