How the Development of Legal Tech Will Change our Lives – and the Lives of Lawyers

As many other professions, the legal profession is not immune to being transformed by the Fourth Revolution. There have been many examples lately where simple legal processes have been performed by programs or simple versions of Artificial Intelligence.

legal_techFor example, a website promises to waive a large percentage of parking ticket fines using the strict application of the law (160,000 tickets would have been successfully fought in New York and London). Or, robots also get involved in divorce proceedings too.

The general article from ParisTech review ‘Legal Tech and other smart contracts: what future for legal automation?‘ provides a more general overview. According to a 2015 study, “47% of lawyers interviewed considered that it would be possible within 10 to 15 years to replace their “paralegal” employees (the administration that works as subordinates to a lawyer, in the United States) by solutions of artificial intelligence. 35% think that junior lawyer positions could be fully eliminated over the same period“. The paper continues by explaining what the most important changes will be.

While experienced lawyers will remain required for complicated cases, the legal profession should brace for a structural change in the years to come.

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How Diversity Creates Value: The Business Case

There is actually a business case for diversity. Beyond the impression that diversity in a team or a business creates value by making various points of view available and opening more markets, the results are demonstrated. In the post ‘The Business Case For Diversity In The Workplace‘, a number of studies are quoted.

diversity business caseIn one study, sociologist Cedric Herring found that companies with the highest levels of racial diversity had, on average, 15 times more sales revenue than those with the lowest levels of racial diversity.

Herring found that for every percentage increase in the rate of racial or gender diversity, there was an increase in sales revenues of approximately 9 and 3 percent, respectively.

A study at the Kellogg School of Management found that diverse teams outperform homogeneous ones because the presence of group members unlike yourself causes you to think differently.

In a Catalyst report called The Bottom Line: Corporate Performance and Women’s Representation on Boards, researchers found that Fortune 500 companies with the highest representation of women board directors performed better financially than those with the lowest representation of women on their board of directors.

And [..] McKinsey found that diverse companies perform at least 35% better than their homogeneous counterparts.

The case seems to be made… even recruiting a diverse team requires us to have the discipline to overcome our natural preferences!

Hat tip to Tim Berry’s blog for the reference.

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How Our Office Space Setup Really Critically Determines Team Performance

In complex projects, open space project spaces are a must. I realize this is probably the case in most instances where complex situations have to be managed. To the point where actually, if the space is poorly adapted, performance will certainly lag.

open_space_officeIt is the experience told by General McChrystal in his highly recommended book ‘Team of Teams‘, which I will certainly comment in quite a few future posts as I believe that it is quite a fundamental book for the organization of the future.

In the book he explains the extreme organizational transformation that his special forces command had to undergo in order to be able to respond to a complex insurgency situation in Iraq and Afghanistan. The most fundamental transformation was to create a command center as an open space, with representatives of all relevant agencies and sections of the military, where open communication was promoted. It was a revolutionary move in an organization pervaded by a culture of secret and segregation of knowledge, but it worked.

What amazed me again in his description is how organizing the physical space (prolonged by a virtual space with participation of geographically removed contributors) was really the one transformation that made the change.

When I talk to clients that want to tackle complex problems, I now ask first about the type of office building. If it’s old-fashioned with closed offices and cubicles that reach the ceiling, I know we’re up for disaster.

What about your office space?

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Why We Should Focus on Our Energy Level

More and more I find that focusing on my personal energy level is the right way to go. “The way I approach the problem of multiple priorities is by focusing on just one main metric: my energy. I make choices that maximize my personal energy because that makes it easier to manage all of the other priorities.” writes  Scott Adams in his book ‘How to Fail at Almost Everything and Still Win Big: Kind of the Story of My Life‘.

energy_not_timeMy energy level is directly correlated with whether I am keen to perform certain tasks or engage in certain work. Also, it is clearly relevant to stop working on something when energy is low: production will anyway be poor too!… Better do something to regenerate at that time!

Managing one’s energy level through the day is also important, and it is where what we eat and drink (like coffee) comes in to make sure we keep the relevant level.

I also struggle with a particular energy-killer: jet lag. That does not help because it is difficult to remain adjusted to the local natural rhythm, creating unexpected energy troughs and highs.

At the end, managing our energy and responding to its variations are probably an essential skill in the modern world. And you, how do you manage your energy?

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Why You Should Have a Success System Rather Than Success Goals

Scott Adams in the excellent book ‘How to Fail at Almost Everything and Still Win Big: Kind of the Story of My Life‘ is strongly against setting goals. He advocates rather develop a system for success and stick to it – and be ready to capture opportunities when they pop up at the right time.

systems not goalsThe main reason according to him is the conservation of personal energy: “Goal-oriented people exist in a state of continuous pre-success failure at best, and permanent failure at worst if things never work out. Systems people succeed every time they apply their systems, in the sense that they did what they intended to do. The goals people are fighting the feeling of discouragement at each turn. The systems people are feeling good every time they apply their system. That’s a big difference in terms of maintaining your personal energy in the right direction

I find this viewpoint very interesting and challenging. Establishing a system that works consistently and reliably allows to avoid focusing on challenging goals that might never be reached, and allows to focus on a daily routine that will bear fruit. Hence for 2016 I have decided to focus my effort more on setting up a system than setting goals. And you?

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Is ‘Following your Passion’ a Bullshit Advice?

Passion Is Bullshit” writes Scott Adams in the excellent book ‘How to Fail at Almost Everything and Still Win Big: Kind of the Story of My Life‘. This is quite a contrarian statement, as many today advise to follow one’s passion to truly live a fulfilled life.

According to Scott Adams, this advice would be an illusion, fostered by the fact that successful people assign their success to passion but it is not proven that it was the origin of their success: “It’s easy to be passionate about things that are working out, and that distorts our impression of the importance of passion

Passion isn't enough to cause successMoreover, he believes that passionate people are less susceptible to be successful, because “passionate people are more likely to take big risks in the pursuit of unlikely goals, and so you would expect to see more failures and more huge successes among the passionate“.

Finally, he remarks that “If you ask a billionaire the secret of his success, he might say it is passion, because that sounds like a sexy answer that is suitably humble. But after a few drinks I think he’d say his success was a combination of desire, luck, hard work, determination, brains, and appetite for risk“.

Success causes passion?This point of view is definitely contrarian in a world where ‘follow your passion’ is a basic advice (in particular since Steve Jobs “follow your heart” famous speech in 2005), and I think it should make us think a bit about this element of popular culture.

It is true that passion only can’t be the single recipe for success. It is also important to have skills that can be sold, and sometimes people are very happy having their passion develop outside a more common salaried job.

The next time you see ‘follow you passion’ advice, stop a few minutes to think if that is reasonable when it comes to what you are really passionate about!

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How Institutions Design Human Nature

In this interesting TED talk ‘The way we think about work is broken‘, Barry Schwartz describes how society and institutions shapes the way we think and we are – our human nature.

The military, an institution that definitely influences human nature
The military, an institution that definitely influences human nature

He elaborates how the Industrial production system (Adam Smith) aimed at making us cogs in a system with limited initiative, and how this shaped human nature in the past decades. “It is only human nature to have a human nature that is very much the product of the society in which people live. That human nature, that is to say our human nature, is much more created than it is discovered. We design human nature by designing the institutions within which people live and work.” Barry Schwartz then calls for decision-makers to shape their organizations and institutions in a manner that would create a new type of human nature in the Collaborative Age.

What I find interesting in the concept is to consider how institutions do influence human nature. It is quite true in a way, as we tend to act and respond according to some learned patterns from institutions and organizations we served; probably with some limits I think. But then as institutions evolve or are replaced, human nature needs to fit in a new way of being in society. That is possibly the most challenging side of the Fourth Revolution – former human nature will become obsolete as new institutions will shape another new one. And which sides of human nature do we want to develop?

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How Decentralized Organizations Can be Effective

In the early 20th century, big companies were synonymous with efficiency. In the late 20th century they were synonymous with inefficiency.” writes Paul Graham in his post ‘Refragmentation‘.

centralize_decentralizeThis is of course a bit simplified, however it fits with the historic trend of outsourcing and contracting a lot of the value chain out of the main industrial conglomerates into networks of suppliers and contractors, and the emergence of loose networks of small entities that prove to be more flexible and resilient than large organizations.

At the same time to be successful in large endeavors and projects, large organizations are still needed to leverage the appropriate financing and create the local conditions of low complexity and alignment that are necessary to make these endeavors successful.

It is difficult to combine the flexibility of networks of small, relatively independent entities with the coherence and leverage that are necessary for large endeavors. There is no fixed recipe, however that is probably quite the form of organization that will be the future in the Collaborative Age. We need to find the right approaches, and that is certainly one the challenges I encounter on a regular basis in my consulting activities.

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How Individualism Returns after a Short Industrial Age Parenthesis

Paul Graham in his (controversial but thought provoking) post ‘Refragmentation‘ gives an interesting overall view of how the Industrial Age may have just been a short parenthesis in the history of humankind when it comes to lesser individualism and more even spread of wealth.

How Rockefeller was wrong. Individualism only collapsed for the Industrial Age.
How Rockefeller was wrong. Individualism only collapsed for the Industrial Age.

He states: “The late 19th and early 20th centuries had been a time of consolidation, led especially by J. P. Morgan. Thousands of companies run by their founders were merged into a couple hundred giant ones run by professional managers. Economies of scale ruled the day. It seemed to people at the time that this was the final state of things. John D. Rockefeller said in 1880: “The day of combination is here to stay. Individualism has gone, never to return“. He turned out to be mistaken, but he seemed right for the next hundred years.”

With the Fourth Revolution, large companies are not any more the most effective way of creating value. Individualism is enhanced by our capability to broadcast to the world, and the contribution of everyone is enhanced.

In many ways the Industrial Age was an exception to the way the world had been moving along, and it may have been a short exception in many ways regarding individual life, employment and our social contract.

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Why You Should Constantly Develop the Leadership Capacity of Others

I stumbled on this excellent quote by Pamela Slim: “Your job is to build the leadership capacity of the community you serve.”

leadership_developmentPamela Slim continues: “What does this mean? Your success as a leader, whether as an independent professional, a manager in an organization, a coach or a parent, depends on your ability to provide challenging learning experiences that make the people around you stronger, more capable and more prepared to solve the problems that you all care about. In short, stop doing things for them and start supporting them to do things for themselves.”

Let’s pause for a moment here. I find this extremely insightful. Instead of teaching skills the conventional way, she states that we should mainly focused on developing other’ leadership capabilities. Quite a challenge, and this certainly challenges the conventional views. On the other hand it is quite right.

She concludes: “This is easier in theory than it is in practice.” Sure. When do we start?

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Why We Should Reconsider The Reason We’re Doing Startups

In this refreshing post ‘Reconsider‘, David Hansson, the cofounder of Basecamp, exposes his philosophy of startups and why he considers the general view of looking for fast-growing, billion dollar valuation startups to be a general conspiracy.

Life is too short not to to do something that mattersPart of the problem seems to be that nobody these days is content to merely put their dent in the universe. No, they have to fucking own the universe. It’s not enough to be in the market, they have to dominate it. It’s not enough to serve customers, they have to capture them.”

On the contrary, David explains his approach: “I wanted to work for myself. Walk to my own beat. Chart my own path. Call it like I saw it, and not worry about what dudes in suits thought of that.” He then declines it on several dimensions:

  • “I wanted to make a product and sell it directly to people who’d care about its quality.”
  • “I wanted to put down roots. Long term bonds with coworkers and customers and the product.”
  • “I wanted the best odds I could possibly get at attaining the tipping point of financial stability.”
  • “I wanted a life beyond work.”

I am personally rather on his small, human adventure side. What serves to develop a great venture that will eat me out? Let’s make a significant dent in the universe and stay small and human. And we can do so today with the internet and the Fourth Revolution. Be small and have a global impact.

“Life is too short not to do something that matters”: It can matter immensely and still remain small and human.

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Why Learning Comes from Giving

For a long time I have found that the best way of learning is teaching. It is a bit of a double-edge sword of course (you need to know a minimum to be able to teach) but the preparation and the performance of the course really nail the knowledge down. And the questions and challenges from the students do help light up some obscure corners as well.

teachingRoland Barth, a specialist of school learning, is quoted to say: “The most powerful form of learning, the most sophisticated form of staff development, comes not from listening to the good words of others but from sharing what we know with others. Learning comes more from giving than from receiving. By reflecting on what we do, by giving it coherence, and by sharing and articulating our craft, knowledge, we make meaning, we learn.

I love that sentence: Learning comes more from giving than from receiving.

This statement is actually potentially much more far-reaching than just the issue of teaching. It applies throughout our life: we can’t learn without some exchange. We can’t learn without giving. And it is those lessons that matter.

Quote extracted from the book ‘Optimizing the Power of Action Learning‘ by Michael Marquardt

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