destefano, extrapreneurs, interdependence, & a law without walls

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Extrapreneurship, Interdependence, and a Law Without Walls: The Future of Innovation in Legal Education and Practice? Michele DeStefano Associate Professor, Miami Law Founder, LawWithoutWalls February 2013

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Today, two questions are commonly asked by professionals in the United States law market: 1) When are legal educators going to start training our law students with the skills to be the global 21st Century lawyers of tomorrow? and 2) When is legal practice going to innovate to tackle the challenges of our “new” global marketplace? At the heart of these two questions is the assumption that it is not legal education’s responsibility to change the way law is practiced and that it is not practicing lawyers’ responsibility to change the way future lawyers are educated in law school. It is this assumption that I intend to challenge here. Specifically, I will argue that although there has been recent innovation in legal education and practice, the answer to law’s problems lies, in part, in changing the relationship between legal education and practice. I will argue that the relationship between legal education and practice should be based on a model of extrapreneurship, interdependence, and collaboration. The relationship should be an iterative partnership with a mentality of law without walls

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Page 1: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Extrapreneurship, Interdependence, and a Law Without Walls:

The Future of Innovation in Legal Education and Practice?

Michele DeStefanoAssociate Professor, Miami Law

Founder, LawWithoutWallsFebruary 2013

Page 2: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Today, two questions

are commonly asked:

Page 3: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

1) When are legal educators going to start training our law students with the skills to be

the global 21st Century lawyers of tomorrow?

And2) When is legal practice going to innovate to

tackle the challenges of our “new” global marketplace?

Page 4: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

If we depicted

these two questions

graphically, the picture

would be of

Page 5: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

. . . A Set of Pointing Fingers

Page 6: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Instead of

Page 7: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

. . . A Pair of Clasped Hands

Page 8: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

And that

is a

Page 9: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Problem

Page 10: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

And thatProblem

isthe

reasonwhy

I set out

to create

Page 11: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls
Page 12: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

The success of LawWithoutWalls

has shown that we should

and can tackle both questions

at once.

Page 13: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

We should transform the way

we practice law and

the way we educate our lawyers

at the same time

Page 14: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Given advances intechnology

andchanges

that will takeplace

over thenext 15 years

Page 15: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

law schools are training students

for jobs that have not yet been conceived

let alone created

Page 16: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Tomorrow’schallenge

requires even more collaboration

and permeability between law practice and education

than ever before

Page 17: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

We shouldchange

the relationship between

legal education and practice

Page 18: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

The relationship should be

based on a model of

Page 19: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Extra-preneurship & Collaboration

Page 20: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

an iterative partnership with a mentality of law without walls.

Page 21: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

In other words,

Page 22: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Our challenge is not just

to be intrapreneurs

within our organizations

Page 23: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Our challenge is not just to be

entrepreneurs that build

something new and apart from our

existing organizations.

Page 24: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Our challenge is to build

a law without

walls between

lawyers and law Schools. . .

Page 25: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Our challenge is

to be . . .

extrapreneurs.

Page 26: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

What is an extrapreneur?

Page 27: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

There doesn’t appear to beone

definition of an extrapreneur

nor has it been usedin the legal space

but it istime

to define itand make it ours

Page 28: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

An extrapreneur is a person with an

entrepreneurial spirit(an intrapreneur)

. . .

Page 29: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

that not only chooses to apply

those talents to their

own organization

Page 30: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

but also applies those talents

externally to other

organizations

Page 31: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

And thenbrings

those experiences back

internally.

Page 32: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

There is evidence thatthe market

is readyfora

more

Page 33: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Iterative Partnership between Law Schools and Legal Service Firms

Page 34: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

First, even those

that don’t believeRichard Susskind,

believethat

law is and needs to be

innovating

Page 35: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

There are manyexamples

Of intrapreneurship

withinlegal servicecompanies

Page 36: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Second, there

has beena

great dealof innovation

in bothlegal education

and practice

Page 37: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

There are manyexamples

Of entrepreneurs

In thelaw market

Page 38: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Third, there

is movementtowards

interdependentrelationshipsbetween lawschools and

lawyers

Page 39: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Externships

Page 40: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Clinics

Page 41: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Executive Education Programs

Page 42: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Partnershipsand

Collaboratories

Page 44: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

ECOLE HEAD1st Private Law School in France

Founded with 15+ law firm and business partners including:

Hogan LovellsSBKG

Mayer BrownMorgan LewisSkadden Arps

OrrickAnd others

Page 47: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

These efforts

Page 48: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Threaten Current Roles

Page 49: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

However,a relationship model

that is based on collaboration,

interdependency,and iteration

Page 50: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

And reciprocal obligations

Page 51: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

provides a better basis for tackling

the challenges the law market faces today.

Page 52: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Think Apple’s Parallel Production

Page 53: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

What if

Page 54: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

That was the kind of relationship

Page 55: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

That existedbetween

law schoolsand

Law firms?

Page 56: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

The big

question is

how?

Page 57: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

How can the law market

own holistic disruption

given the current status of the law market?

Page 58: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Given that both

legal educationand

legal Practicework in a

Law WITH walls

Page 59: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

And innovation,exaptation,

and mashupsflourish

in open markets

In a Law Without Walls

Page 60: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

How do we Become

extrapreneurs in law?

Page 61: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

How do we develop

a partnershipbetween

legal educationand

legal practice

Page 62: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

so that law students

andlawyers

are trained for the

future

Page 63: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

UsingLawWithoutWalls

as aprototype

Page 64: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

6fundamentals

to thisnew

allegianceunveil

themselves

Page 65: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

1) Find and Mine the Gaps

Page 66: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Take Problems That Can’t Be Solved

Page 67: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

And Turn Them Into Opportunities

Page 68: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Fill the Gaps

Page 69: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Go into the gaps. If you can find them;

They shift and vanish too.Stalk the gaps.

Squeak into a gap in the soil, turn, and unlock – more than a map

– A universe.-Annie Dillard

Page 70: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

2) Create a Blended Universe

Page 71: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Blended in

every aspect

Page 72: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Virtual and In Person

Page 73: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Space, Place, and Discipline

Page 74: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Age and Culture

Page 75: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

3) Develop a Culture of Collaboration

Page 76: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

. . . and Dynamic Teaming

Page 77: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

4) Dare to Disturb

Page 78: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

. . . And indeed there will be timeTo wonder, ‘Do I dare?’ and, ‘Do I dare?”

. . . Do I dare

Disturb the universe?In a minute there is time

For decisions and revisions which a minute will reverse.

- TS Eliot

Page 79: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

5) Accept Imperfect Offerings

Ring the bells that still can ring.Forget your perfect offering.

There is a crack in everything.That’s how the light gets in.”

- Leonard Cohen

Page 80: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Remember Thomas Edison

claims he “failed [his] way to success.”

Page 81: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

6) Move Now and Fast

Page 82: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

“Move fast and break things. Unless you are breaking stuff,

you are not moving fast enough.”- Mark Zuckerberg

Page 83: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Others are

callingfor

change

Page 84: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Academic Thought Leaders:like

Elizabeth Chambliss,Bill Henderson,Renee Knake,Tom Morgan,

Deborah Rhode,Carole Silver,

Brian TamanahaLaurel Terry, and

David Wilkins

Page 85: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Practitioner Thought Leaders:

Jeffrey Carr,Susan Cartier Liebel

Jordan Furlong,Mark Harris,

Bryan Hughes,Stephanie Kimbro

James Peters,Doug Richmond,

Scott Rogers,Karan Singh,Mark Smith

Page 86: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

havechallenged

law organizationsOr

law firmsOr

law schoolsto change

Page 87: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

They are all right.

Page 88: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Law schooland

Law practicecan

and needs tochange

Page 89: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

More than that,

Page 90: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

it is time for a shared mission,

a new kind of partnership

betweenlaw schools and lawyers

Page 91: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

based on

extra-preneurship,collaboration

interdependencyand

A law without walls.

Page 92: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

LawWithoutWalls,itself,

is clearly not the answer

Page 93: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Ithas it’sown

problems:

Page 94: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

LikecostAnd

scale-ability

Page 95: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

Butits mission

And its learningsare

Page 96: DeStefano, Extrapreneurs, Interdependence, & a Law Without Walls

auseful

templatefrom which

to start.