virtual third places, making room in the law market

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Virtual Third Places: Making Room in the Law Market Michele DeStefano MiamiLaw & LawWithoutWal ls

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The common conception is that inventions are discovered by a scientist, alone in a lab, coming upon the “a-ha” or “eureka” moment, but that is often not the case. Instead, it is the interactions that scientists have with others that lead to breakthroughs. Exaptation (as opposed to adaptation) occurs when something is borrowed from one field and used to solve a problem in a totally unrelated field. In other words, innovation often comes from “refurbished” parts as opposed to newfangled creation. It is the result of exposure to ideas outside the immediate focus of interest, broad diverse connections and networks. Clearly, the legal marketplace could benefit from innovation and exaptation. The question is, however, given the restrictive regulations and legal structure within the U.S. and the global nature of the legal profession, how can the U.S. legal profession create environments that foster these diverse and eclectic connections that create the accidental combination of ingredients? This presentation attempts to answers this question by borrowing (i.e., exapting) - from other fields. It suggests that the answer is a technological one: the legal marketplace could benefit from developing Virtual Third Places. A “third place,” according to the sociologist and anthropologist Ray Oldenburg, is an environment that enables connections among people from different disciplines, and is set apart from traditional meeting places like the home or office. Utilizing some real world examples, this presentation attempts to demonstrate that the ideal third place for US lawyers and legal educators is a virtual one that promotes creative interaction among people from different disciplines, backgrounds, and political views, with various types and levels of expertise and passions.

TRANSCRIPT

Page 1: Virtual Third Places, Making Room in the Law Market

Virtual Third

Places:

Making Room in the Law Market

Michele DeStefano

MiamiLaw & LawWithoutWalls

Page 2: Virtual Third Places, Making Room in the Law Market

Law

and T

ech

: H

ow

Tech

nolo

gy

is

Changin

g t

he L

aw

Page 3: Virtual Third Places, Making Room in the Law Market

Law

and T

ech

: A

n e

asy

sell

to

a G

roup o

f Earl

y A

dopte

rs

Page 4: Virtual Third Places, Making Room in the Law Market

Law

yers

, La

w S

chools

, L

aw

Pro

fs,

And T

ech

nolo

gy

One of these things is N

OT like the other

Page 5: Virtual Third Places, Making Room in the Law Market

Typic

al L

aw

yers

Not

Adopti

ng T

ech

nolo

gy

In a message dated 12/12/2011 1:20:31

P.M. M wrote(after three in-person meetings in th

e month of November)Dear Laywer X,Do you have time to have a Skype call this

week? I have a few questions about a few

things and I think it might be time to

update you on where we are and talk

about potential next steps.

Any chance you are available to talk on

Tuesday between 2pm and 3pm or

Wednesday sometime between noon and

3pm?Please let me know.

ThanksMichele

Page 6: Virtual Third Places, Making Room in the Law Market

Typic

al L

aw

yers

Not

Adopti

ng T

ech

nolo

gy

On Dec 12, 2011, at 5:53 PM,

Lawyer X wroteHi Michele,The next two days are difficult for me at

those times. Why don't you stop in next week or the

week after?I will be around and its not a very stressful

period of time (of course, it may be for

you because of the holidays and the kids);

otherwise,I will make myself available around your

schedule.

Page 7: Virtual Third Places, Making Room in the Law Market

Typic

al L

aw

yers

Not

Adopti

ng T

ech

nolo

gy

In a message dated 12/14/2011 2:57:38

P.M., M wroteLawyerXLet's shoot to meet on Friday of next

week. I'd love to do the call over video (eg Skype

or google plus) or even phone as opposed

to driving in - am so swamped with work

(launch of LawWithoutWalls and grading

finals not to mention a journal deadline

and Xmas)Can you name times on Friday the 23rd

after 11:00am that works for you? 

Page 8: Virtual Third Places, Making Room in the Law Market

Typic

al L

aw

yers

Not

Adopti

ng T

ech

nolo

gy

On Dec 16, 2011, at 5:28 PM,

Lawyer X wrote:Hi Michele,Unfortunately, my building is closing on

December 23 and December 26 for the

holiday.Can you come in the following week?

Please come in whenever you are

comfortable.Happy Holidays! 

Page 9: Virtual Third Places, Making Room in the Law Market

Typic

al L

aw

yers

Not

Adopti

ng T

ech

nolo

gy

On Dec 17, 2011, at 5:28 PM, M wrote:

LawyerX,I will not be able to visit your office until

after the 17th of January given my travel

schedule but I do think we need to

connect before then. (I am away from the

26 to the 1st and then the entire week of

the 2nd at two separate conferences and

return on Sunday night the 8th only to

leave for Another work trip (Switzerland)

on the 11th.  Therefore, I hope you will be

amenable to at least a phone

conversation. Please let me know times you are

available for a phone call on so I can

earmark an hour for us to connect.  The

earlier the better. Thanks 

Michele  

Page 10: Virtual Third Places, Making Room in the Law Market

Tech

nolo

gy

for

Law

yers

: The

Speake

r Phone

Page 11: Virtual Third Places, Making Room in the Law Market

Typic

al L

aw

yers

Not

Adopti

ng T

ech

nolo

gy

In a message dated 6/5/2012 4:50 P.M.

LawyerX wrote Michele,For ease of your review I have handwritten

the language changes on the agreement.

We can word track it tomorrow, if

necessary, but for now this is a faster way

to get you the proposed changes.

Page 12: Virtual Third Places, Making Room in the Law Market

Law

Pro

fess

ors

and

Law

Sch

ools

do N

ot

Uti

lize T

ech

nolo

gy

Page 13: Virtual Third Places, Making Room in the Law Market

Law

Sch

ools

: Te

ch is

an A

ftert

hought

in

New

Space

s

Page 14: Virtual Third Places, Making Room in the Law Market

Legal P

ract

ice &

Legal

Educa

tion

Slo

w t

o A

dopt

Tech

AN

D

Slo

w t

o C

hange

Page 15: Virtual Third Places, Making Room in the Law Market

US B

ar

Lice

nse

Reqs,

Model R

ule

s, S

elf-

Regula

tion:

A

Clo

sed S

yste

m

Page 16: Virtual Third Places, Making Room in the Law Market

Model R

ule

s fo

r th

e

Indiv

idual L

aw

yer

&

1:1

com

munic

ati

on

Page 17: Virtual Third Places, Making Room in the Law Market

Rule

s Rest

rict

ing

NonLa

wye

r In

fluence

ove

r La

wye

rs

Rules1.85.41.65.5Privilege

Page 18: Virtual Third Places, Making Room in the Law Market

Non-C

olla

bora

tive

La

w F

irm

Str

uct

ure

: G

roups

of

Fiefd

om

s

Page 19: Virtual Third Places, Making Room in the Law Market

Tradit

ional L

egal E

duca

tion

does

NO

T in

volv

e a

lot

of

colla

bora

tion

Law OnlySocratic1/100SoloMeMyselfI

Page 20: Virtual Third Places, Making Room in the Law Market

But

som

e o

f th

e

Big

gest

Bre

ak

Thro

ughs

are

from

the L

aw

& M

ove

ment

Page 21: Virtual Third Places, Making Room in the Law Market

Com

bo o

f N

OT T

ech

y &

NO

T c

olla

bora

tive

is

a D

eath

nell

Page 22: Virtual Third Places, Making Room in the Law Market
Page 23: Virtual Third Places, Making Room in the Law Market

Innova

tion

Page 24: Virtual Third Places, Making Room in the Law Market

What

is

Innova

tion?

The common conception is

that inventions are discovered by a scientist,

alone in a lab, coming

upon the “a-ha” or “eureka” moment, but that

is often not the caseInstead, it is the interactions that scientists

have with others that lead

to breakthroughs.

Page 25: Virtual Third Places, Making Room in the Law Market

What

is

Exa

pta

tion?

Exaptation (as opposed to

adaptation) occurs when

something is borrowed from

one field and used to solve a

problem in a totally unrelated field. In other

words, innovation often

comes from “refurbished”

parts as opposed to newfangled creation

Page 26: Virtual Third Places, Making Room in the Law Market

Gute

nberg

’s P

rinti

ng

Press

Put

Exi

stin

g

Piece

s to

geth

er

Page 27: Virtual Third Places, Making Room in the Law Market

Franci

s C

rick

’s D

NA

Applie

d t

he W

ay

that

Scu

lptu

res

Were

Made

Page 28: Virtual Third Places, Making Room in the Law Market

Incu

bato

rs M

ade

Com

ple

tely

fro

m

Refu

rbis

hed T

oyo

ta T

ruck

Pa

rts

Page 29: Virtual Third Places, Making Room in the Law Market

Key

to e

xapta

tion is

M

ult

i-D

isci

plin

ary

C

olla

bora

tion:

Apple

’s P

ara

llel

Product

ion

Page 30: Virtual Third Places, Making Room in the Law Market

Colla

bora

tion

Page 31: Virtual Third Places, Making Room in the Law Market

Colla

bora

tion

Page 32: Virtual Third Places, Making Room in the Law Market

A T

hir

d P

lace

A “third place,” according

to the sociologist and

anthropologist Ray Oldenburg, is an environment that enables

connections among people from different

disciplines, and is set

apart from traditional

meeting places like the

home or office.

Page 33: Virtual Third Places, Making Room in the Law Market

A T

hir

d P

lace

: C

afe

s in

the1920s

Wri

ters

, Po

ets

, A

rtis

ts

Page 34: Virtual Third Places, Making Room in the Law Market

A T

hir

d P

lace

: Rubbin

g

Should

ers

wit

h D

iffere

nt

Types

of

People

Page 35: Virtual Third Places, Making Room in the Law Market

Why

Not

a V

irtu

al

Thir

d P

lace

?

Page 36: Virtual Third Places, Making Room in the Law Market

My

Exa

pta

tion:

Thin

k Fa

ceB

ook

Page 37: Virtual Third Places, Making Room in the Law Market

My

Exa

pta

tion:

Plu

s A

dobe C

onnect

Page 38: Virtual Third Places, Making Room in the Law Market

Law

Wit

houtW

alls

: A

V

irtu

al T

hir

d P

lace

Page 39: Virtual Third Places, Making Room in the Law Market

Law

Wit

houtW

alls

: A

V

irtu

al T

hir

d P

lace

Page 40: Virtual Third Places, Making Room in the Law Market

What

if T

here

Was

a T

rans-

Dis

ciplin

ary

Sta

tion f

or

the

Law

Mark

et

CHANNEL GUIDE:• ESPN• CNBC• LWOW• CNN

Page 41: Virtual Third Places, Making Room in the Law Market

Like

a T

alk

-Show

but

YOU

Inte

rchange

“Liv

e”

Real T

ime o

n

Hot

Legal I

ssues

CHANNEL GUIDE:• ESPN• CNBC• LWOW• CNN

Page 42: Virtual Third Places, Making Room in the Law Market

A D

iffere

nt

Way

to C

om

munic

ate

Page 43: Virtual Third Places, Making Room in the Law Market

Diff

ere

nt

Vers

ions

of

Ours

elv

es

Page 44: Virtual Third Places, Making Room in the Law Market

Bre

aks

Dow

n

Walls

Page 45: Virtual Third Places, Making Room in the Law Market

A V

irtu

al T

hir

d P

lace

: M

ay

be M

ore

Real

Page 46: Virtual Third Places, Making Room in the Law Market

A V

irtu

al T

hir

d P

lace

: A

Vis

ion F

or

Legal

Educa

tion

Page 47: Virtual Third Places, Making Room in the Law Market

Envi

sion:

M.O

.V.E

LAW

Envision M.O.V.E Law: Miami’s

OnLine Virtual Education

Moving Law From Place to Space

Part-virtual, transdisciplinary

offerings e.g. LawWithoutWalls and or an

LLM for the 21st Century Lawyer,

and more Creating a culture of

interaction and community

Teaching skills for global

lawyering that are not

taught in Legal Education

Real Time, Synchronous,

Video, and Audio

Page 48: Virtual Third Places, Making Room in the Law Market

A V

isio

n F

or

Law

Pra

ctic

e:

Law

yer

OnLi

ne V

irtu

al

Ente

rpri

se

Page 49: Virtual Third Places, Making Room in the Law Market

A V

isio

n F

or

Law

Pra

ctic

e:

Law

yer

OnLi

ne V

irtu

al

Ente

rpri

se

Connecting law firm offices around the globe with clients as

easily as changing the

station on the remote Bridging cultural

bonds Virtual, real-time, video and audio

Anytime

Page 50: Virtual Third Places, Making Room in the Law Market

Vir

tual T

hir

d P

lace

s:

Maki

ng R

oom

in t

he

Law

Mark

et

We are the space creators - making room

for Virtual Third Places

It is time to start spreading our message

This is our collective

Mission To show the legal world

that

Page 51: Virtual Third Places, Making Room in the Law Market

Tech

nolo

gy:

Not

just

a T

unnel t

o g

o

Thro

ugh t

o g

et

to S

om

e

Pla

ce

Page 52: Virtual Third Places, Making Room in the Law Market

Tech

nolo

gy

is t

he

Dest

inati

on:

A H

om

e

Aw

ay

From

Hom

e