♫ The spheres’re in commotion
The elements in harmony
She blinded me with science
“She blinded me with science!”
And hit me with technology…♫

Lyrics and Music by Thomas Dolby and Jonathan Kerr, recorded by Thomas Dolby.

This is a guest post by my friend and colleague, Christy Burke, written today for the blog Legal IT Professionals.  With her permission I have reproduced it here.

Web-Based Dispute Resolution Systems Gain Traction as Court Delays and Low Value Disputes Surge

Courtroom showdowns make for great movie scenes, but To Kill a Mockingbird’s Atticus Finch would be shocked to hear that the courts are only resolving a fraction of today’s legal disputes. A growing number of cases are being resolved by online tools, and sometimes lawyers and judges are not even involved. Impartial web-based systems apply computation, algorithms and cryptographic technology to bring about resolution quickly and inexpensively.

A growing stable of private sector companies are beginning to compete with the judicial system for “customers” and are also changing the face of traditional Alternate Dispute Resolution or ADR, which has typically included mediation, arbitration and other alternatives to the courts.

Not only are approaches to justice and negotiation changing, but some of these new systems like those provided by Fair Outcomes, are actually prompting lawyers and their customers to be more honest about the value of a case and their realistic objectives from the outset, providing disincentives to lie, bully and posture. Utopian though it may sound, this is actually becoming a reality. Atticus would be happy to hear that, at least!

A potential paradigm shift is in the making here, but what is motivating parties to look outside traditional courts, mediation and arbitration and flock to the web for resolving their disputes? In short, overburdened courts, lean economic times, cost, and convenience all figure into the mix.

Pared Down Courts Cannot Keep Up

Many courts in the US and abroad are sagging under the weight of overflowing caseloads while budget cuts slash their resources – a double negative. Take California for example. (more…)

♬  And you just gotta move on, Because it’s all, Lessons learned…♬

Music and lyrics by Wendell Mobley, recorded by Carrie Underwood.

Most lawyers are as yet unaware of the growing discipline known as Online Dispute Resolution (ODR). ODR taps into technology (principally the communication abilities of the Internet) to help resolve disputes between parties. While it is seen as the online equivalent of ADR, it really is much much more.

ODR was born by the combination of ADR and Information and Communication Technologies. In ADR, there are three parties: the plaintiff, the defendant and the third neutral party (a mediator or arbitrator for example). However, ODR differs from this three party system by introducing computers and software – an independent fourth party that can help manage the dispute. Indeed, at the highest and most sophisticated levels of ODR, the technology applies mathematical models and algorithms based on group theory to resolve the dispute. www.SmartSettle.com, one ODR e-Negotiation system, states as follows:

“As the world’s most advanced negotiation system, Smartsettle Infinity can do what human minds alone cannot – model the problem, manage preference information, and quickly optimize solutions. Infinity supports an unlimited number of quantitative or qualitative issues between any number of parties in any combination of real-time and asynchronous negotiations, whether face-to-face or over great distances, anywhere on Earth.”

There are, of course, many other implementations of ODR systems, that range from simple blind-bidding systems (one variable, two parties) where the system does not reveal what each person is willing to accept unless a settlement is reached (the software compares each party’s position and declares a settlement once the positions become sufficiently close), to assisted negotiation, to adjudicative methods and others.

Is this science-fiction? Not in the least. For example:

“The European Consumer Centers Network (ECC-Net) consists of 29 centers in the European Union, Norway and Iceland. Financed by the European Commission and members states, and staffed by individuals trained in law, the network seeks to increase consumer confidence in its internal market. Mr. Knudsen explained that 40,000 to 60,000 complaints and information requests are typically addressed each year, and that eCommerce complaints outstrip on-premise and non-eCommerce distance sales on an order of 2:1. Approximately half of the complaints the ECC-Net oversee are resolved through mediation.”

How important is the field of ODR? It is recognized that low value e-commerce, or sales/purchases conducted over the web, is stalled due to the lack of any effective enforcement mechanism where the purchaser and vendors are in different jurisdictions. Accordingly, the United Nations Commission on International Trade Law (UNCITRAL) has created an ODR Working Group to focus exclusively on a global ODR system for low-value eCommerce disputes and to craft recommendations that can be taken back to the full UN General Assembly. This represents a major development in the effort to build a global ODR system, since it is the first time a body with representation from every sovereign nation in the world has so seriously tackled this complex subject.

Furthermore, governments are looking at more localized ODR systems for small claims, custody and family disputes, among others. Businesses are looking at building in ODR to their contracts of sale to provide a low-cost and effective method to resolve consumer disputes.

One thing is clear: the world is turning to ODR as a way to bridge distances and time zones and implement a dispute resolution mechanism that will allow e-commerce disputes to be settled in a way that is just not possible using the current dispute resolution systems that are otherwise too tied to geography, too expensive or too complex for these types of disputes.

The next ODR Conference will take place in Prague, Czech Republic on June 27-29, 2012.  For more information click here.  This conference will continue the dialogue on how to effectively create a world-wide ODR system for e-commerce disputes.

Once this type of ODR system is effectively built – it will not be long before it is applied to many other types of disputes, since it will all be lessons learned.

(This post was originally written for the Canadian Bar Association – British Columbia Branch’s newsletter “BarTalk” in the column “PracticeTalk”).

♬ we never say no
satisfaction guaranteed
superior quality
we innovate, never imitate
unrivalled, unparalleled
at your service
we aim to please
we never miss a trick…♬

Lyrics, music and recorded by CLIEИT.

This is another great guest post by Bob Denney.  In this post he is focusing on the importance of client service.  Years ago, Milton Zwicker, a good friend and colleague in Ontario wrote about ‘the client-centered law firm’. It is great to see Bob pick up on this idea and run with it. Accordingly, here is Bob’s post:

In today’s extremely competitive legal market, many firms talk about the importance of cross-selling – or cross-marketing if you prefer – their clients. The problem is that you must serve the client before you can cross-market the client. Too many firms fail to realize this. As a result, their cross-marketing efforts often fail. The first step in developing additional business with clients is client service. Here’s a brief list of some of the more important points to keep in mind in developing and implementing a successful client service program.

• The goal should be outstanding client service. “Satisfactory” or “good” isn’t good enough. Many clients can’t evaluate the quality of legal work. Therefore, the level and quality of service is often the only factor that distinguishes one firm from another. (more…)

♬ If you wish to be the first you must seek
To be a servant, to be a servant of all…♬

Lyrics, music and recorded by David Haas.

This is a guest post from Beth Flynn’s Leadership Moments newsletter at the OSU Leadership Center.  It deals with a concept that I personally see offering a great deal of personal growth and possibility for real change:  servant leadership.

Wikipedia defines servant leadership as follows:

Servant leadership is a philosophy and practice of leadership, coined and defined by Robert K. Greenleaf (Born 1904 in Terre Haute, Indiana; died in 1990) and supported by many leadership and management writers such as James Autry, Ken Blanchard, Stephen Covey, Peter Block, Peter Senge, Max DePree, Scott Greenberg, Larry Spears, Margaret Wheatley, James C. Hunter, Kent Keith, Ken Jennings, Don Frick and others. Servant-leaders achieve results for their organizations by giving priority attention to the needs of their colleagues and those they serve. Servant-leaders are often seen as humble stewards of their organization’s resources: human, financial and physical.

Accordingly, here is Beth’s post on servant leadership:

• All growth and most good things come from paying attention.
• Use every experience.
• Never think of employees as “labor,” as a commodity.
• Avoid the tyranny of technocracy.
• Abandon the career planning traps.
• Avoid “building” a resume.
• Expect the unexpected and be ready to embrace change.
• Take the work seriously, but don’t take yourself too seriously.
• Do not use long-term solutions to short-term problems.
• Never run away from anything (Ray Ferch & Spears, 2011, p. 133-134).

From:  Ray Ferch, S. & Spears, L.C. eds. (2011).  The Spirit of Servant-Leadership.  Mahwah, NJ:  Paulist Press.

The Spirit of Servant-Leadership is available from the OSU Leadership Center.  Click here to borrow this resource or any other resource.  Once you are on the OSU website, click on the Spectrum icon. Learn how the Ohio State University Leadership Center is inspiring others to take a leadership role that empowers the world.

To begin receiving Leadership Moments newsletter, please click on Join Our Mailing List.

Thanks Beth for another great leadership post on how we can be a leader by exercising servant stewardship of our organization’s resources.

♬  Now, you got it, you’re wow, wow, wow, wow
You got it; you’re wow, wow, wow, wow…♬

Lyrics and music by: Kylie Minogue, Greg Kurstin and Karen Poole, recorded by Kylie Minogue.

This is another great guest post from Drago Adams from his Adams Ad Group Monday Morning Motivator email newsletter.  I loved the message in this post and thought of sharing it with all.  It is contagious.  I hope you enjoy it.

This week we share a message from Tomas Lydalh. Tomas’s message will not only help you in business, but will also make you the kind of person that people will just naturally gravitate to.

We’ve all heard about how important attitude is and how it affects us. I am sure you’ve heard of how much better you will feel when you look at the positive side of things… when you think positive thoughts, you will become a positive person. It is not always easy, however, to just change your attitude by trying to think positive thoughts. What if you did certain things, instead, that created positive feelings inside you?

Here is a short story that shows how certain actions will ensure a YES! Attitude - even if your day doesn’t start with a WOW! (more…)

♬  Hey, look around it’s all so clear
Hey, wherever we were going, well we’re here
Hey, so many things I never thought I’d see
Happening right in front of me..♬

Lyrics and music by Chris DuBois and Brad Paisley, recorded by Brad Paisley, “Welcome to the Future”.

2012 Happy New Year

In this third and final collection of tips and predictions for 2012, we turn first to my good friend and colleague, Steve Gallagher. Steve has been one of those rare individuals who has kept a perspective on where the legal profession is and is going.  Accordingly, I though it was appropriate that we start with his views in this final post of 2011 on what will be happening in 2012:

Stephen P Gallagher: “Coping with Change”:

(a)  A Law Practice Management Perspective:

My primary business these days is coaching Lawyers in Transition, so from my vantage point,  I see large geographic areas throughout Canada and the United States that will have no practicing lawyers within hundreds of miles. At the same time, law school graduates will cluster around metropolitan areas looking for entry-level positions primarily to pay off law school debt. I would like to think that our talented young professionals will start looking for opportunities with baby boomers, particularly in more rural areas of the country to continue the tradition of serving the public.

(b)  Legal Technology:

I’ve follow the writing of Sherryl Turkle, a psychologist and director of the Massachusetts Institute of Technology (MIT) Initiative on Technology and Self.  Professor Turkel is concerned about how we may be losing things that Thoreau thought were essential to discovering an identity. Professor Turkle claims to be teaching the most brilliant students in the world (at MIT). She claims that they have done themselves a disservice by drinking the Kool-Aid and believing that a multitasking learning environment will serve their best purposes.

I too am concerned about this “multitasking learning environment” for lawyers.

For a Frontline interview, Digital Nation, Professor Turkle was quoted as saying, “She thinks that we’re living in a culture where we’re really not sure what kind of attention we owe each other. People put their cell phones on the table now. They don’t turn them off.” She goes on to say that, “One of my students talked about the first time he was walking with friends, and they received a cell phone call, and they took the call. And he said: “What was I, on pause?” I felt I was being put on pause.” Sheryl Turkle thinks that we’re socially negotiating what kind of attention we feel we owe each other.”

This flat out scares me. We owe each other more. (more…)

♬ See your heart will lead you where you want to be, but your head will lead you where you ought to be.
But which will lead you where you’re meant to be? ♬

Lyrics, music and recorded by K’LA.

2012 New Years

This is Part 2 in the 2012 Tips and Predictions series where I have asked my good friends and colleagues to contribute their best ideas for the New Year. Accordingly without further ado:

Dr. Frank Fowlie: “Future Shock” predictions:

1. Consumers will no longer be forced to call their credit card company  to deal with “unknown” charges.  No more phone tress, no more wait times…You’ll be able to go to your bank’s credit card website and fill in a form online, the bank will handle it from there.
2. When you buy something online and there’s something wrong with the purchase, you’ll be able to go to a single portal for goods sold in Canada, and start a redress process online, at your convenience.  This is less Future Shock, as the European Union has already created a regulation which makes this possible across Europe.  Like “chip” cards did in the past, the technology will migrate from Europe to Canada.
3. Small Claims Courts in Canada will move towards Online Dispute Resolution to more effectively and efficiently manage the court processes.  There will be a new wave of computer literate judges who hear and settle cases online.
4. Courts of equity will look to technology to handle small value claims.  Online Dispute Resolution will replace hearings in matters where the value is the same or lower than the Small Claims Court limit.
5. Law firms will publish hourly rates on their websites to allow for consumer choices.  Consumers will be able to search out legal services in  the same way they look for other commodities online.
6. Lawyers will begin to sell “Boutique services” allowing consumers to handle some part of their own legal matters.  Some lawyers will develop practices which simply “guide” lay litigants, as opposed to forcing the lay litigant into court with representation.
7. Legal Zoom, or some like entity, will set up shop in Canada.  Legal services outsourcing becomes a market drive out of India and Ireland.
8. The public can make complaints against lawyers using an online platform, perhaps to an independent body.

Dr. Frank Fowlie, www.internetombudsman.biz.

Judge Monty Ahalt ( Ret.): “Warp Speed”:

As the year closes out and some say the decade there is always a clamour for the folks to know what is in store for the next year. Some will look at last year and make resolutions. My Life now breaks down into three areas:

1. Court centered ADR and case management as a recalled Circuit Court Judge now counting 30 years.
2. A Mediator/Arbitrator now counting about 45 years – www.montyahalt.com.
3. Founder and CEO of VirtualCourthouse.com – leading ODR provider – now counting 10 years -   www.VirtualCourthouse.com

Each area has it’s unique challenges and will experience new horizons in 2012. While I do not pretend to be Carnac the Magnificent of Johnny Carson days  there are some new happenings that seem to be clearly presenting themselves for the coming year. (more…)

♬ What’s happenin brothers and sisters?
Welcome to our time…♬

Lyrics, music and recorded by NAS.

Happy New Year 2012

Last year on Dec. 31, 2010 I posted a Top 10 Legal Tech Predictions for 2011.  This year I asked my very good friends and colleagues to contribute their top Tips and Predictions for 2012 thinking that this would be a great way to get some perspective on the New Year. The response has been overwhelming! Accordingly, here is Part 1 of a three-part blog post containing their top advice and predictions for the coming year.  But this isn’t the end – I will add in my own tips and predictions for 2012 at the end of Part 3 (can’t help but go out on a limb as well) and ask that you, good readers, add in your own tips and predictions by way of comments on the three blog posts.

Accordingly, here are Part 1 of the Tips and Predictions for 2012!

Karen MacKay:  Change is Neigh…

There will be more change in Canadian law firms in 2012 than we have seen in the last 3 years. In Canada, we will see more mergers and spinoffs.  Lots of change happened in the USA in 2011 that was forced on them by the economy.  The difference between what happened in the USA and Canada will be: The change in Canada will be created by strategic decisions within firms seeking opportunities rather than the financial change that was forced on the American firms.

Karen MacKay MBA CHRP, Phoenix Legal Inc., direct 416.657.2997, mobile 416.904.4848, e-mail kmackay@phoenix-legal.com, www.phoenix-legal.com.

Mitch Kowalski: 2012 – A Turning Point for the Canadian Legal Profession?

When I ran for Bencher in Ontario earlier this year (and was utterly thrashed at the polls!) I did so because I believed that the next ten years are critical to the future of the legal profession. Six months later, my view has not changed.

All over Canada, the legal profession faces challenges it has never faced in the past – and the challenges will only become more numerous. Richard Susskind was right on point when he wrote, “Law does not exist to provide a livelihood for lawyers any more than illness exists to provide a livelihood for doctors. Successful legal business may be a by-product of law . . . but it is not the purpose.”

As lawyers we must constantly earn our right to retain a monopoly over the practice of law. It should never be assumed that we will always have the exclusive right to give legal advice, prepare legal documents, close transactions or even appear in court. One just has to look to the U.K.’s Legal Services Act which is dramatically transforming that jurisdiction’s legal profession. Or, take a look to Australia with Slater & Gordon being the only publically-traded law firm in the world – a firm that was once based on a strong litigation practice but is now aggressively moving into commercial practice areas.

Canada cannot remain an island of lawyer-exclusivity for long – particularly if the legal profession shows itself to be incapable of coming up with creative and efficient ways to make legal services better, faster and cheaper. The commercial pressures of the global economy are too great to ignore and lawyers who stick their heads in the sand will become the dodo birds of the 21st century.

I hope that 2012 will be a watershed year in which meaningful change will finally commence to surface throughout Canada’s legal profession. The following are eight predictions of what can (and should) occur over the next 12 months. (more…)

♫  Feeling hot hot hot — Feeling hot hot hot ♫

Lyrics and music by Alphonsus “Arrow” Cassell, recorded by Buster Poindexter.

This is Bob Denney’s 23rd annual report on what’s going on in the legal profession, not only in the United States but also in other parts of the world. Like all his previous reports it is based on information he and his organization compiles throughout the year from many sources including discussions with leaders in the profession. As always, some of his findings are obvious but they still must be included. Others are surprising and some are contrary to the Conventional Wisdom. Nevertheless, this is the picture at the beginning of 2012, a year which may well hold both economic and political surprises.

PRACTICE AREAS

Red Hot

 Banking. Perhaps the hottest area in Financial Services due to uncertainty if the “Volker Rule” will be implemented this coming July when regulations that are part of Dodd-Frank take effect.

 Health Care. A broad area that includes regulatory, finance, M&A, real estate, labor & employment and professional liability. Regulatory may become red red hot. The Supreme Court’s ruling on the Patient Protection and Affordable Care Act, expected by June 30, will be a legal, as well as political, flashpoint.

 Energy. Oil, coal and gas in certain parts of the U.S. as well as Canada. Regulatory, land use and litigation are particularly hot in Ohio and Western Pennsylvania because of Marcellus Shale. Nuclear power is getting hot due to safety concerns in the U.S. but alternate energy may be cooling somewhat.

 Intellectual Property. Due to patent reform (“First-to-file”) but mostly for start-ups and smaller companies since large companies were already on a FTF system because of their global operations. Patent Litigation is becoming red hot for most firms while rate-sensitive patent prosecution work is being reduced and even eliminated in larger firms. (more…)

♫  Learn from my mistakes
Learn from this mistake
Learn from our mistake
Learn from their mistakes
Learn from my mistake…♫

Lyrics and Music by: Phil Anselmo, Pepper Keenan and Rex Brown, recorded by Down.

Taking a Risk

This is another “Leadership Moments” guest post by Beth Flynn of the Ohio Leadership Center.

Celebrate the lesson: When faced with a failure by someone in your company, as a leader you must stand up and praise the individual’s intention, risk-taking approach, or whatever. Find something positive to acknowledge and celebrate.

Fuel the fire in your people. The truth is, the people who fail are the very same people who succeed. Be compassionate and give them the enthusiasm, energy, and fire to keep going.

Go public. Next time you experience a failure or make a mistake of consequence, call a meeting and announce it to your team. When you announce your mistake, also say what you learned and what you did to correct your failure (to the extent possible) or how to prevent it from happening again (Heath, p. 21-22).

From: Heath, R. (2009). Celebrating failure: the power of taking risks, making mistakes and thinking big. Franklin Lakes, NJ: Career Press.

Click here to borrow this resource or any other resource.   Then click on the Spectrum http://leadershipcenter.osu.edu