Uncategorized

Subscribe to Uncategorized via RSS
Brad Blickstein, Principal at the Blickstein Group, a research and advisory firm for both in-house and outside law firms, joins us to talk about legal operation, and his recent experiences at the 2019 CLOC Institute in Las Vegas. As with many great conferences, the programming between 9 AM and 5 PM is good… but the conversations from 5 PM to 9 PM (or 5 AM, this was Vegas), are what makes the gathering really special. We’re calling it #CLOCAfterDark.
There’s a lot going on in Legal Operations, and the Blickstein Group has put out a Law Department Operations survey for over a decade. He gives some great insights on the relationships between in-house counsel and outside law firms. While there’s a big difference between the business operations in a company versus a law firm, the attorneys tend to be cut from the same cloth. Groups like CLOC are positioned perfectly to help lawyers understand the roles they need to play to protect their organizations. Blickstein stresses that Legal Operations is a broad topic, and that CLOC is part of that movement, but is not all there is within the movement. There’s a lot going on, and the opportunities are pretty expansive these days. (12:00 mark)

Listen on mobile platforms:  Apple Podcasts LogoApple Podcasts | Overcast LogoOvercast | Spotify LogoSpotify

Information Inspirations
Copyright is not something to LOL about. The Houston Independent School District was slapped with a $9.2 Million copyright violation for copying study guides. Even though they cleverly blocked out the warning on the guides that “copying of these materials is strictly prohibited.” Be careful out there when it comes to thinking it’s okay to copy and distribute materials which have copyright protection. It can cost you millions. (2:50 mark)
AI Sharecroppers. We all know that data is king these days, but not all data can be automatically gathered. At least not effectively. There is an underclass of labors out there who are being used to help gather and identify data needed to power AI programs, known as “human labeling.” As the name “sharecropper” might imply, they do a lot of work… but don’t make a lot of money. (5:25 mark)
Algorithm Problems creates Human Liabilities. We rely upon automation, AI, machine learning, and other technology to advance our society, but when those fail, it’s not the automation that takes the blame. It’s usually the human that is around at the time. MIT Technology Review talks about how we have a 21st Century tech problem that’s being adjudicated under 20th Century morals and laws. (7:05 mark)

Continue Reading Ep. 41 – Brad Blickstein on Legal Operations and #CLOCAfterDark

In our 40th Episode, Greg and Marlene interview Erin Levine, an attorney and founder/CEO of Hello Divorce, a service that makes divorce more human and accessible by offering legal help and wellness support throughout the process of dissolving a marriage.   Offered in California, Hello Divorce offers access to resources and tools and different service levels, from basic to concierge to a la carte access to independent fixed fee attorneys.  Erin highlights that the legal process can be confusing, dis-empowering and expensive and that Hello Divorce is a necessary guide to help people navigate the system in a way that doesn’t destroy them financially and emotionally.  While divorce representation is a consistent legal need, Erin highlights that there are many other parts of the process that are also necessary which don’t require attorney skills.  She leverages various forms of process improvement including outsourcing, automation, smart contracts to make the service application scalable.

Part of what is interesting about the discussion (and there are lots of interesting parts) is that Erin stands the idea of aggressive and hostile divorce action on its head.  While Erin has critics, she maintains the benefit of taking down level of tension and fear between the parties.  In fact, 92% of divorces started with hello Divorce have concluded without having to refer out to full rep attorneys. (10:17 mark)

Listen on mobile platforms:  Apple Podcasts LogoApple Podcasts | Overcast LogoOvercast | Spotify LogoSpotify

Information Inspirations

According to  Aliqae Geraci from Cornell and Shannon L. Farrell from University of Minnesota wrote an article entitled “Normalize Negotiations!” we teach librarians a lot about management skills, but we’ve lacked in teaching them basic skills like salary and promotion negotiation skills. There is a place for the American Library Association (ALA) and the American Association of Law Libraries (AALL) to teach their members these skills. (4:05 mark)Continue Reading Ep. 40 – Erin Levine on the Efficiency of Divorce as a Service

When you think of algorithmic governance, you may go right to things like predictive law enforcement, or risk assessment of setting bail or prison sentences for those in the criminal justice system. However, algorithms have a much broader application in the legal system, far beyond those criminal justice aspects. Drexel law professor, Hannah Bloch-Wehba walks us through a number examples of other areas which algorithm governance is being used. Broad areas which she labels as “typical poverty law settings” of welfare… medicaid… child protective services for example, and those area are continuing to expand. Court systems, administrative law departments, and other government agencies are relying upon algorithms to help with larger and larger caseloads.
Algorithms, in and of themselves, are not inherently bad. In fact, it can be very helpful in streamlining processes and alleviate the burden on different government agencies in how to handle these issues. But is it fairer than what we have now? We don’t have a good way of demonstrating that. Professor Bloch-Wehba sees the overall effect of algorithms as creating a newer playing field that is bumpy in different ways than the old one. There’s still a human element in algorithms, not just in the creation of the algorithms, but also in the acceptance of algorithmic outcomes by those who are tasked to apply them. Add to this, the “black box” which some algorithms live, and how governments are relying upon private industries to create these processes, and an inability for the government to be able to discuss how they work. Can governments give up their duty to be transparent in the name of algorithmic efficiency? How far will a democratic society tolerate with algorithms which it may not fully understand, or trust?
We cover all of these questions and discuss Professor Bloch-Wehba’s upcoming Fordham Law Review article, “Access to Algorithms,” which will be published later this year. (10:35 mark)

Listen on mobile platforms:  Apple Podcasts LogoApple Podcasts | Overcast LogoOvercast | Spotify LogoSpotify

Information Inspirations
Archive and Delete are not the same. Garry Vander Voort of LexBlog writes about a disturbing trend he is seeing on apps where you might think you are archiving a magazine or a podcast, but in reality, you’re deleting it. He has a few suggestions on how developers can use better descriptors, including some good ol’ library terms. (2:27 mark)

Continue Reading Ep. 39 – Hannah Bloch-Wehba on Who is Governing the Algorithms?

Jim Hannigan, the Director of Legal Project Management at Coblentz Patch Duffy & Bass LLP and a member of the leadership team and standards committee at SALI Alliance walks us through the importance surround data standards when it comes to legal matters. Creating standards is the first step in allowing those of us in the legal services industry to speak the same language, and create ways of comparing apples to apples when it comes to marketing pitches, prior experience, or matter pricing. Hannigan discusses why SALI was created, the release of the first set of matter standards in January of this year, and what to expect at the LMA P3 Conference next month.

Listen on mobile platforms:  Apple Podcasts LogoApple Podcasts | Overcast LogoOvercast | Spotify LogoSpotify

We also discuss the current situation with Wolters Kluwer experiencing a ransomeware attack which shut down most of it’s online resource tools. WK has been very open about what happened, and is keeping a public statement page open as they begin to bring services back online – although, others may not agree. Just another reason to watch out for those phishing emails!

Information Inspirations

“Legal innovation needs to learn some new tricks.” Rae Digby-Morgan at Wilson Fletcher, tells us that you can’t just slap “legal” or “law” onto a process and think that it makes it special. In fact, the legal industry may be a bit too much insular and should open up to non-legal experts to come in and advise us on how to improve our processes. She also reminds everyone that process improvement does not equal innovation. The value-add results of process improvements are expected by our clients… and is the floor, not the ceiling. If you want to separate yourself from the competition, being truly innovative will help.

How a Google Street View image of your house predicts your risk of a car accident. Standford University and the University of Warsaw in Poland have tested Google’s Street View images of individual’s houses to determine how likely they will be to file an auto insurance claim. Reportedly, they improved predictability by 2%. Scary! Marlene wonders what are the next factors in determining future actions? If you run 5K’s, or donate to non-profits?

Kim Kardashian and Legal Team Help Free 17 Prisoners in 90 Days. Although neither Greg nor Marlene watch KUWTK, or follow Kim on Instragram, they have nothing but good things to say about her work to help free 17 people who were imprisoned and drug related charges. Some serving life sentences. If you’re going to have power and fame and a platform, using it for social justice is a great way to use it.

Listen, Subscribe, download Jerry’s music, and Send Us Tweets and Voicemails, Too!!

Don’t forget to subscribe, rate, and comment. You can tweet @gebauerm and/or @glambert to reach out. Call us at 713-487-7270 with suggestions. And, thanks to Jerry David DiCicca for the music!

Continue Reading Jim Hannigan – SALI Alliance and Why Matter Standards … Really Matter

Welcome to a mini-episode of The Geek In Review. Shot on location in Scottsdale, Arizona.

Law School Stress??  No Kidding!

This week, we continue our discussion on how law students can have a stressful time in the three years they are in law school. We can’t change what happens during law school, but we’ve asked some experts to tell us what they do to help law students reduce stress as they prep for finals, and what they can do to be successful as summer associates in law firms.

We finish our series about how law schools are reducing stress by hearing from the following schools:

  • Howard University
  • University of Hawaii
  • University of Houston
  • University of Wisconsin
  • Georgia State University
  • University of Texas

We appreciate these schools (and the ones from last week) taking the time to tell us what all they are doing to help students deal with finals.\

Hey Summer Associates… Listen Up!

We also talk with a number of AmLaw 100 firms about what their expectations are for how summer associates can have a successful tour of duty at their firms. Greg and Marlene were at a conference in Scottsdale, Arizona, and they asked a number of their fellow attendees what they do to help summer associates succeed, or what their expectations are for how law schools should prepare them for this work, and what they allow from outside vendors in regards for training as assistance during the Summers’ time at the firm. 
Continue Reading Advice for Law Students – From Reducing Stress to Nailing Your Time as a Summer Associate

David Whelan, the Director of Legal Information & the Great Library Society of Ontario, discusses his recent article “The No Legal Research Provider Landscape,” and how lawyers, law librarians, and the legal industry looks at legal information services. Do you need to have multiple resources like Westlaw, LexisNexis, Bloomberg or others, or can…

One of the best things about the legal industry is that there are multiple pathways to success. We are all trained issue spotters, and our guest on this episode identified an issue and founded a new company to fix that issue. Brian Powers is the CEO and co-founder of PactSafe, a high-velocity contract acceptance platform used by such major companies like Angie’s List, UpWork, BMC, TIVO, and others to handle large volumes of clickthrough agreements. We talk with Brian about what motivated him to take on this challenge, and how he sought out to change the way businesses approach these types of contacts, and bring efficiency to the market place, and the legal industry through technology and process improvements. Brian is just one more example of those in the legal field who has found an alternative path through identifying inefficiencies, and finding ways to correct them.

Listen on mobile platforms:  Apple Podcasts LogoApple Podcasts | Overcast LogoOvercast | Spotify LogoSpotify

Hat tip to Kristin Hodgins for her tweet this week when she saw that someone said that if law firms are going to us AI, we need ways to collect structured data. Hodgins tweet reply was spot on when she said “Guess who are experts at structured data? Librarians. Google didn’t destroy us; it help us by reducing low-value work like rote retrieval from our duties & allowed us to focus on high-order skills. AI will do the same.” Well said!

Information Inspirations:

We’re doing AI Wrong

Zach Warren interviewed Brad Blickstein in a law.com article this week about how law firms are looking at AI the wrong way. When it comes to AI and law firms, Blickstein says that “[AI has] become a top-down thing: What are we doing about AI? It’s like asking, what are we doing about databases? It’s a crazy question. The question should be, what problems do we have, how do we solve them, and is AI or some semblance of AI a potential solution for that?”  Brad’s company, Blickstein Group, is producing a Legal AI Efficacy report that is due out this summer. 
Continue Reading Brian Powers on the Entrepreneur Lawyer

It was roughly ten years ago when I learned that half of my library co-workers at my law firm had been let go due to the financial crisis, and the downturn in the legal market. Thus ushered in “The New Normal” of having to constantly do more with less. But it also kick started a…

Not many people can make the transition from Ph.D. in Genetics and Genomics, and then to the legal analytics field, but Dr. Carla Rydholm is someone who did just that. For nearly the past decade, Dr. Rydholm has been leading the charge of data analytics at Lex Machina. She is charged with not only acquiring the data large amounts of data but also maintaining that data as it is updated. Dr. Rydholm stopped by Greg’s Houston office, along with episode 10’s guest, Kyle Doviken to tell us about transitioning from pure scientist, to her current role, and what drives her passion for data analytics, and how the data is used to tell the story, and help attorney’s understand what’s previously happened, and use that as a guide to better understand where they may be headed. It’s a very insightful conversation.

Listen on mobile platforms:  Apple Podcasts LogoApple Podcasts | Overcast LogoOvercast | Spotify LogoSpotify

Marlene WIns an Award!

The Private Law Librarians and Information Professionals (PLL-IP) of the American Association of Law Libraries (AALL) is giving Blogger of the Year status to our very own Marlene Gebauer for her outstanding work on this podcast. Congrats Marlene!!
Continue Reading Dr. Carla Rydholm on the Value of Legal Data Analytics

I was recently listening to an episode of Without Fail called “The Tragedy Expert.” Kenneth Feinberg talks about how he has become the expert in administering funds that are distributed to victims and families of tragic events like 9/11, or the Newtown shoot, or the Boston Marathon bombing. He talks about becoming an expert, but that each case is unique and has to be handled like it is the most important case he’s ever handled before. The show’s host, Alex Blumberg, asks Feinberg if having gone through these cases so many times, does he feel like he’s the expert and can give some type of guidance because he is an expert at what he does. I really liked his response.

Absolutely not. It’s as if it’s the first time I’ve ever done one of these. Be careful about confusing the substantive terms and conditions of the program, where we’ll build on what we’ve done before, from the emotional response of victims and myself, to the individual cry that comes from the victim.

In other words, it doesn’t matter how well you know your topic, if you can’t apply it to the specific situation you are currently handling. You have to engage with the client, who may be going through one of the most important (and expensive) events in their lives.
Continue Reading Technology Doesn’t Change Who You Are… It Magnifies Who You Are