Last year, while attending the Consumer Electronics Show, I wrote a piece on how technology  might end or substantially reduce the need for litigators. The idea was not that technology would do the job of lawyers-no robo lawyers please, although after hearing about IBM’s Project Debater, I’m not so sure-but that technology would end or reduce the number of disputes on which lawyers feed.

This year, I remain even more convinced that technology can reduce the number and the nature of disputes that exist because of its ability to record and/or flawlessly trace events. I am also starting to believe that the skill set future successful lawyers will need to have will be more technical in nature than ever before.

A couple of examples of what I mean. I attended a press announcement hosted by a company called Nextbase. Nextbase makes dashcams that can be placed in your car. Nextbase released Series 1 of these cams a year or so ago and this week announced Series 2 which is smaller, records in higher resolution and is able to automatically upload video to say your insurance company if and when an incident occurs. The camera is front facing and records at about 140 degrees. It also has a rear facing camera that can be added on. The cameras can detect side motion-such as someone bumnpong your car in a parking lot, has an emergency notification system if an incident occurs and you don’t respond to a  phone call immediately, and have both voice recognition and audio components. The camera attaches easily and unobtrusivly to the dash and is slightly smaller than a GoPro. The kicker: it will cost between $69 to $199 depend on what model you buy. Nextbase is negotiating with U. S carriers for either a discount on a premium (see my related article
on the privacy implications of that subject) or a discount on the device.

What’s This Have To Do With Lawyers?

What’s this have to do with lawyers? Vehicle crashes result in a huge amount of litigation and lawyer related work from trucking related injury accidents to fender benders to inter-insurance disputes to even commercial claims. But where everything is captured on video, what’s left to factually determine? Whether the video was doctored? Yes that’s possible but how many disputes will this really generate?

Another example: this morning I attended a keynote where Charles Redfield, Executive Vice President of Walmart with food related responsiblities spoke. Redfield says WalMart now requires all its food suppliers to record all transactions regarding food and food supply on a WalMart blockchain.

The result is real time traceability: where it used to take WalMart some 7 days to try to trace the flow of food from a supplier or farm to the shelf it now takes only 2.2 seconds to do so flawlessly.

So? Over my career, I was involved in several food safety related cases and I can tell you the amount of lawyer and expert time spent in trying to determine where contaminated food came from and a then convincing a jury who was right with the trace was immense and was practically the whole case. Now there can be no question.

Technology capable of resolving disputes is all around us.

Think technology is only eliminated disputes in car wrecks and food safety? Think again. Technology capable of resolving disputes is all around us. Cell phone cameras are ubquitious and people aren’t afraid to capture and post the videos they take. Think about security cameras and how both the number and resolution of them is relentlessly increasing. And what about all the data being captured every day by the IoT devices-what a story this data could tell. How many disputes are fueled by a breach of actual and anticipated trust that the blockchain can eliminate.

So litigation and lawyering as we know it is changing. Yes, there will be other disputes that can arise to take the place of tradional ones. But these will be more based on the adequacy and reliability of the technology. Whether the data has been somehow skewed. Whether the analytics and algorhythems applied to the tech are sound. And technology and data will require lawyers to marshall, evaluate and present facts and data in new and more robust ways.

We need to start where the puck is going.

 

Does this sound like perhaps lawyers will need different and perhaps more technical skills? Probably. But one things for sure: to paraphrase Wayne Gretesky, we need to start skating where the puck is going, not where its been. The glory days of secrets and hidden facts and information that fuel disputes are going, going, gone.

 

 

One of the benefits from being a blogger and writer is opportunities to attend media events and look at products sooner than perhaps  others get to. One prime example of this is the Consumer Electronics Show that is going on this week. CES, as it likes to be called, is one of the biggest trade shows and occupies almost all of Las Vegas for the better part of a week. It boasts 4500 exhibitors and some 185,000 attendees. So it can be kind of daunting.

I’ve been coming now for several years and one reason I like it is that it’s outside the LegalTech realm. Different ways of thinking and talking about tech from legal that is refreshing and thought provoking. Continue Reading CES 2019 Day 1: Unveiled, Catalyst and, Yes, LexisNexis

I was so much older then, I’m younger than that now. Bob Dylan

It’s certainly commonplace to do an end of the year post reflecting on what happened during the year and the highlights and lowlights. But in my case, 2018 was anything but commonplace. It was a year in which my world–professional and personal–was turned inside out and upside down.  A year when the impossible, the improbable and the unthinkable occurred. A year I learned acceptance. Continue Reading My Year of Acceptance

Should You Consider the Surface Go?

Earlier this year, Microsoft came out with a miniature version of its workhorse Surface Pro. The smaller version, called the Surface Go has a 10 inch display with a 1800 x 1200 display ratio and comes in various configurations and memory. Just like the Pro, you have to pay extra for the keyboard and pen that goes with it. Continue Reading Looking For a Last Minute Gift for a Lawyer?

I’m in the process of reading Tim Harford’s 2017 book Fifty Inventions That Shaped the World. The book seeks to identify and discuss the impact of various “inventions” including not only things but processes as well. Tim not only talks about the inventions themselves but the ripple effect of them to society as a whole. Of course, that’s a bit of an obvious tact (that Tim does well) which others have done. But Tim also talks at length about one other good point that particularly resonated with me: some inventions don’t take hold when they are created but only later when conditions become right and obstacles inherent in the old method of doing things pre-invention are overcome. I thought about this theory in light of the slow take of the legal field of technology and innovation. Continue Reading Stream Dynamos. Wooden Pallets. Cash Registers. And Law?

I recently almost didn’t attend a Conference in my hometown. I almost didn’t go because a) it was not necessarily in my field (lawyer) and b) it was in my hometown (no one is a prophet in their own land, right?). (The Conferance was actually put on by the Louisville Digital Association, a local organization that’s more or less about all things digital and the Conference was really more about digital marketing and media than anything else).

 

But I did go and something remarkable happened…I learned things. New things. And my head immediately started applying the things I was learning to my field. It was magical. Even one of the speakers who I introduced myself too afterwards said “I saw you sitting there. Your head was going a hundred miles an hour. What energy you brought!”

 

So often we do a benefit cost analysis on things we don’t know enough about to fairly assess

And it was true. So often we do a benefit cost analysis on things we don’t know enough about to fairly assess. We think: well that might be interesting but then again it might not be. Or that would be interesting but I really don’t necessarily see how it applies to me or my profession. The ROI is not clear. It’s a boondoggle and a waste. Quickly we revert to risk aversion and decide its not worth it. And organizations and bureaucracies are particularly adept at learn killing.But the strange thing is we can’t know the future value of something when we make the assessment. As Steve Jobs put it, you can only connect the dots looking backward. If Jobs had said to himself, you know that calligraphy course looks really interesting but I’m now sure it will help me with my major and it might be boring so I won’t go, we might never have had Apple. If Mark Zuckerberg had said it would really be fun and interesting to do the Facebook but I can’t really see the ROI, we might not have Facebook.

Learning is a funny thing. We have it in our heads it is something we do when we are young and in school. We mouth cliches like “life long learner” but then dismiss the value by in practice downplaying that espoused value. But its through learning that energy and passion come, from energy and passion come ideas and application, from ideas and application come innovation. I think this may be why the so called young digital natives seem more adapt at things like technology. It’s not that they know more necessarily, its that they are willing, excited learners. They take risks.

Learning, particularly life long learning, involves taking a risk with our time and treasure

 

And make no mistake, by its very nature, learning, particularly life long learning, involves taking a risk with our time and treasure. We don’t want to take the risk that learning something new will create no value and waste our time. But I don’t think that’s every really totally true. All learning is good—and risky. But if my life experience has thought me one thing it is that while learning new things may not pay off now, it will someday and often in ways we often can’t even imagine. Some of the best ideas I ever had came from unexpected sources while being exposed to new things. Not to mention the fact that learning new things is exciting, inspiring and often just plain fun.

So go to conferences. Stretch. Get out of your field and comfort zone. Learn something new. Apply and innovate. Get excited. I almost didn’t go…. but I did. I can’t wait to see what happens next.

Photo Attribution: Denise Krebs via Flickr

 

 

Last month I attended the annual New York Advisen Cyber Security Conference. The event which this year had over 900 attendees is frequented by insurance representatives, brokers, risk managers and, yes, a handful of lawyers, all of whom work in the cyber and cyber insurance space. Its probably the premier conference of its kind.

It’s funny. I’ve been attending this conference for about 5 years. When I first started coming, the conferance was all about sales, marketing and underwriting. I remember sitting at a table my first year having lunch with a handful of 20 something underwriters who were gushing over their new insurance product called cyber insurance. They trumpeted the freedoms the lack of forms provided and how they could even make up policy language as they went along. When I spoke up and said what about future claims, it was as if I was speaking in a foreign language: they were completely baffled. Continue Reading Advisen Cyber Conference 2018: Privacy and Insurance On A Collision Course?



The Best Lawyer You Can Be. A Guide to Physical, Mental, Emotional and Spiritual Wellness By Stewart Levine

 

Stewart Levine’s new book reminds of the Whole Earth Catalogue written a number of years ago by another Stewart-Stewart Brand. For those too young to remember, the Whole Earth Catalogue  was magazine and product catalog published several times a year between 1968 and 1972, and occasionally thereafter, until 1998. While it was directed mainly to a non mainstream, sort of countercultural audience, it did contain all sorts of product information, how to instructions and  other valuable information. The goal of the Catalogue was to introduce those who were interested to some unique tools and information on topics not well addressed other places. Its theme was “access to tools” and that’s by and large what it delivered. Continue Reading A Whole Earth Catalogue for Lawyer Wellness

Today was yet another big Apple Event to announce new products. This one was held interesting enough in Brooklyn at the Brooklyn Academy of Music instead of in California which is where Apple typically holds it announcements. The show opened with a short video ironically extolling New York (“ I happen to like New York”) instead of Brooklyn; I assume Apple does know the difference. In any event, the video was pretty well made and definitely one of the cooler things Apple has done recently.

Continue Reading Today’s Apple New Product Announcements: What’s In It For Us Lawyers?

I read with interest Bob Ambrogi’s recent post  on the lack of change in the legal industry. Bob’s view is that while many of us talk and talk about the great changes in store for the legal profession that will move us forward, nothing seems to happen. It’s as if we are housed in a giant echo chamber.

My own view is that until the clients demand change, us outside lawyers ain’t gonna.

Continue Reading If I Were King: Five Things I Would Demand of My Lawyers