Liquid Legal – Humanization and the Law

Foreword: Humanizing The Legal Function-What It Means and Why It Matters
``We Have Forgotten What Law Is For´´
Conclusion
Foreword
Foreword: Preserving the Rule of Law in the Digital Era-The Responsibility of Lawyers
Preface: While the Cannons Thunder!
Before Continuing to Read This Book, Please Reflect on the Following
Acknowledgements
``Humanization & The Law´´: A Call to Action for the Digital Age
Are We Humane?
Humanization in Law
Humanization in Business
Humanization in Technology
Contents
About the Editors
``The Missing Piece´´
1 Introduction
2 The Missing Piece
2.1 Do More with Less! or Rather: Do Less with More?
2.1.1 The Defense Battle
2.1.2 Economics Over People?
2.2 What Is the Missing Piece?
2.2.1 The Trend Is Not Our Friend
2.2.2 Human Traits: Human Needs-Human Skills
3 A Humanistic View on Transformation
3.1 Transformation + Innovation Progress
3.1.1 Transformation
3.1.2 Innovation
3.1.3 Progress
3.2 The Missing Piece Is the Cornerstone to Success
3.2.1 People Have a Choice
3.2.2 Purpose
3.2.3 The Exponential Factor and the Limiting Factor
4 Information Enablement & New Methodologies
4.1 A Humanistic Approach to Data and Information
4.1.1 Why Lawyers Are Data Sceptics
4.1.2 Data Becomes Paramount: Embrace the Enemy You Cannot Fight
4.1.3 The Choice Between Dr. Jekyll and Mr. Hyde? - We Must Obtain Data Literacy
4.1.4 Humanizing the Use of Data and Metrics
4.2 New Methodologies for New Legal Work
4.2.1 Why DevOps
4.2.2 Why Agile?
4.2.3 Liquify Legal: Seven Dimensions for the Transformation of Modern Legal Teams
5 Conclusion
References
Of Mice and Lawyers. Learning from Calhoun´s Rodent Utopia
1 Introduction
2 The Mice
3 The Lawyers
4 ``Guys Like us Got Nothing to Look Ahead to´´
5 Conclusions. Hell Is Just Lawyers
6 Post Scriptum
References
Women as a Game Changer in the Legal Industry: Relevance of Diversity and Inclusion
1 Introduction
2 Terminology
2.1 Diversity
2.2 Equity
2.3 Inclusion
2.4 Measurement
3 Consequences and Impact
3.1 Leadership and Management
3.2 General Disadvantages
3.3 Benefits in General
3.4 Economic Benefits
3.5 Causality and Correlation
4 Relevance for the Legal Industry
4.1 Lawyers as Complex Problem Solvers
4.2 Litigation
4.3 ESG and Procurement
4.4 Profitability
5 Diversity in the Legal Industry
5.1 Pipeline Issue 1: Attractivity of Attending Law School
5.2 Pipeline Issue 2: Attractivity of Working as a Lawyer
6 Reasons Why Women Are Leaving the Profession
7 An Attempt to Explain This Result
8 Measures
9 Conclusion and Final Remarks
References
Corporate Digital Responsibility: Stimulating Human-Centric Innovation and Building Trust in the Digital World
1 From Corporate Social Responsibility to Corporate Digital Responsibility
1.1 Corporate Social Responsibility
1.2 Era of Digital Transformation
1.3 Taking Responsibility in the Digital World
2 CDR: A Newly Evolving/Emerging Concept
2.1 Definition & Concept
2.1.1 What People Expect from Digitally Responsible Companies
2.1.2 The Corporate and Institutional View on CDR
2.2 Initiatives and Stakeholders Coining the Concept
3 Building a CDR Framework
3.1 Data Responsibility
3.1.1 Economic Responsibility
3.1.2 Legal Responsibility
3.1.3 Ethical Responsibility
3.1.3.1 Provide Transparency
3.1.3.2 Respect Personal Choice
3.1.3.3 Personal Benefit
3.1.3.4 Data Quality
3.1.3.5 Ethical Use
3.1.3.6 Data Security
3.1.3.7 Ecosystem of Trust
3.1.4 Data Philanthropy
3.2 Governance
3.2.1 Trust
3.2.2 Responsible AI
3.3 Social Aspects
3.3.1 Digital Inclusion
3.3.2 Care for Employees
3.4 Environmental Impact
4 The Role of Lawyers
References
Designing Legal Systems for an Algorithm Society
1 Introduction
2 Humanization: Its Historic Creation, Limitations, and New Possibilities
2.1 Lowered Information Costs: A Source of Disruptions and Possible Solutions
3 Tools for Mutual Support Between Law and AI
3.1 Competency and Cultural Acceptance Challenges for Law and AI
3.1.1 Legal Systems
3.1.2 Algorithms
3.2 Incorporating AI Tools into Law, and Vice-Versa
3.2.1 AI Tools for Legal Systems
3.2.1.1 Enhanced Predictive Capabilities: Quantifying Risks
3.2.1.2 Enhanced Particularity: Distinguishing Risks
3.2.1.3 Enhanced Interactional Capabilities: Empowering Law´s Users
3.2.1.4 Iterative AI: Extending the Reach of Remedies and Regulation
3.2.2 Legal Tools to Improve AI
3.2.2.1 Focus More on Design Environment and Outcomes, Than Code
3.2.2.2 Building an Integrated, Iterative System of Ex Ante and Ex Post Measures
3.2.2.3 Building in Second Looks to the Legal System
4 Conclusion
References
Value Creation Through Blockchain-Based Tokens: Transforming Traditional Collaboration Structures
1 Money as a Store of Value or Representation of Potential Futures?
2 The Value of Money
3 What Is Available for Buying with Money
4 The Internal Devaluation Dilemma
5 Multiple Parallel Currencies
6 Blockchain-Based Tokens as Parallel Currencies
7 Token Economy and Liquidity
8 Battling the Internal Devaluation Dilemma with the Security Token Economy
9 Liquidity Options for Security Tokens
10 Structural Challenges to Implement Security Token Programs
11 Revenue Distribution on the Common Legal Platform
12 Application of a Token Structure to the Common Legal Platform
13 Token Structures to Better Humanise Society
References
Transforming Legal Ecosystems: A Conceptual Framework Derived from Our Practice
1 Introduction
2 The Elephants in the Room
3 In the Eye of the Storm with Ease
4 A Gavel Is No Longer Enough
5 The Proof Is in the Making
5.1 Building `T-shaped´ Profiles with Business Templates: A Mini-MBA
5.1.1 Case Study 1: Use of Visual Templates for Building Project Management Capabilities
5.2 Knowledge Map: Helping to Navigate Complexity
5.2.1 Case Study 2: Use of Tube Maps to Structure Legal Knowledge and Make It Easy to Access
5.3 Legislative Data Visualization: Navigating the Law
5.3.1 Case Study 3: Visual Navigation of ECB Legal Framework
6 `Ease Legal´ Smart Guide
Recommended Reading
On Leadership, Organisational Development, and Collaboration
On Embodiment and Knowing More Than with Our Brains
On Design, Data, and Visualization
Project Management
On the Evolution of the Legal Profession
Elevating the Customer Experience
1 What´s for Sale?
2 Do You Feel Like I Feel?
3 The Solution Is to Solution
4 The Components of Solutioning
5 Solutioning the Design
6 Beyond the Customer´s Experience
7 Work as an Existential Endeavour
8 The Art in Solutioning
9 Coming Full Circle
10 Conclusion
References
Putting Humans First
1 Introduction
2 Structure
3 Government Perspective Dominant in Digitisation
4 The Citizen´s Perspective Is Different
5 Possibilities of Digitisation from the Citizen´s Perspective
5.1 Increasing the Citizen´s Capacity to Act
5.2 Customised Services
5.3 Encouraging De-Escalation and Solution-Oriented Approach
5.4 Integration of the Chain or of Facilities from the Citizen´s Perspective; the Digital File
6 From Rules to Digital Systems
7 Conclusion
References
Helping Lawyers to Better Visualize Their Knowledge: A Formula and Four Scenarios
1 Introduction
2 Legal Knowledge Visualization Scenarios
2.1 Our `Knowledge Formula´
2.1.1 Scenario 1: Mobilizing Tacit Legal Knowledge
2.1.2 Scenario 2: Combining Tacit and Explicit Legal Knowledge
2.1.3 Scenario 3: Scaling Up Legal Knowledge Mobilization
2.1.4 Scenario 4: Augmenting and Automating Legal Knowledge Mobilization
3 Legal Knowledge Visualization Examples
3.1 Case Study 1: Visualization of Competing Factors
3.2 Case Study 2: Relative Weight of Legal Criteria
4 Conclusion and Outlook
References
The Paradigm Shift in AI: From Human Labor to Humane Creativity
1 Current State of Digitalization
2 Challenges of the Digital Landscape
2.1 Mastering Technology
2.2 Informational Overload
2.3 Lack of Processes
3 The New Age of AI
3.1 Automation
3.2 Informational Analysis
3.3 Overfitting and Underfitting
3.4 The Problem of Interpretability
3.5 Visualization to Enable the Uniqueness of the Human Mind
3.6 Processes to Enable Substantial Progress
4 The Paradigm Shift to a New Age of Creativity
References
How Will People Enter the Legal Job Market in Ten Years´ Time?
1 An Emerging Solutions Landscape
1.1 Deutsche Visa and Konsular Gesellschaft
1.2 ShakeSpeare Software
1.3 Reynen Court
1.4 Key Take-Aways
2 An Emerging Skill Set
2.1 Innovation Skills as Key Components of Future Careers
2.2 Crafting a Digital Career Using Digital Skills
2.3 Key Take-Aways
3 An Emerging Job Market
3.1 Legal Operations Officer
3.2 Project Manager Digitalisation
3.3 Legal Process Owner
3.4 Change Champion
3.5 Digitalisierungsmanagerin Recht
3.6 Legal Designer
3.7 Key Take-Aways
4 Summary
Untitled
Layered Contracts: Both Legally Functional and Human-Friendly
1 Introduction
2 Revolution or Evolution?
3 What Do We Mean by Clear? Simplifiers vs Completists
4 Towards a Layered Model
5 Layered Information Architectures: Drill-down and Filtered
6 Cooperative Channels and Contracts-as-Conversations
7 Looking at the Future: Beyond Human Designers and Readers
8 A New Understanding of ``I Have Read and Understood´´
References
Injecting Humanity (Back) into Talent Development
1 Introduction
2 What Do Lawyers ``Do´´?
3 Problem-Solving
4 ``Kind´´ and ``Wicked´´ Problems: Different Problem-Solving Paradigms
5 What Problem-Solving Skills Are We Trying to Teach?
5.1 ``Kind´´ Problem-Solving
5.2 ``Wicked´´ Problem-Solving
6 How Do the Academy or Law Firms Teach and Train Lawyers?
6.1 Law Schools/Academy
6.2 Law Firms
7 Modeling Complex Problem-Solving
8 Conclusion
References
The Elevated Workplace
1 Introduction: Laboro, ergo sum
2 The Practical Virtues of the Elevated Workplace
3 The Moral Dimension of the Elevated Workplace
4 The Evolution of Work
5 The Rise of the Self-Aware Organisation
6 Impediments to Progress
7 Characteristics of an Elevated Workplace
8 The Four Pillars of the Elevated Workplace
9 Elements of the Elevated Workplace
10 Specific Initiatives
11 Conclusion: The Humanisation of the Workplace
References
Contracts and Humanity: How Freedom and Fairness of Contract Can Be Secured in the Digital Age
1 Introduction
2 The Link Between Humanity and Contracts: Freedom and Fairness of Contract
2.1 Freedom of Contract
2.2 Fairness of Contracts
3 Freedom and Fairness of Contract in the Digital Age
3.1 Contracts: An Antiquated Instrument in Modern Society?
3.2 Major Threats to Freedom of and Fairness of Contract in the Digital Age
4 How Freedom and Fairness of Contract Can Be Secured in the Digital Age
4.1 Rethinking the Technique and Methodology of Contracts
4.2 Adoption of Concepts for Reducing Complexity from Other Disciplines
4.3 Rebalancing Contractual Fairness Against Contractual Freedom
References
Patagonia: Everything a Law Firm Is Not, But Could Be?
1 To Know and Not to Do Is Not to Know
2 Let My People Go Surfing
2.1 Overworked Insecure Overachievers
2.1.1 Stress Is a Normal, Not Abnormal, Working Practice in the Legal Profession
2.1.2 Lawyers Are Bullet-Proof
2.1.3 Lawyer Wellbeing Is Up to the Individual
2.2 Can the Pandemic Reset Law Firm Culture?
3 MBA-Style Leadership
3.1 Independent, Curious, Highly Individualistic People
3.2 Managing Lawyers Patagonia-Style?
4 Can Profit Happen If You Do Everything Else Right?
4.1 Simply the Best?
4.2 Many Law Firms Are Experiencing a Purpose Crisis
5 Don´t Buy This Jacket
5.1 From Ego-System Economy to Eco-System Economy
5.2 Are Law Firms Sufficiently Educated to Lead by Example?
6 There´s No Business If There Is No Planet
6.1 Could Law Firms Be Like Patagonia?
References
Untitled
International Business Etiquette For Legal (IBEL)
1 Introduction
2 The Hofstede Analysis Applied to International Business Etiquette (IBE)
2.1 Power Distance Dimension
2.2 Uncertainty Avoidance Dimension, Refers to High Uncertainty Avoidance vs. Low Uncertainty Avoidance
3 Case-Study: From Colombia to Sweden & Lessons Learned
3.1 From Colombia to Sweden
3.2 Lessons Learned
4 What Could Legal Do to Implement International Business Etiquette?
5 Conclusion
About Lawyers and Humans
1 Profession Under Scrutiny
2 Reflections on `Clients First´
2.1 Center of Gravity
2.2 Caring
2.3 End-User Experience
2.4 More With Less
2.5 Value of Time Spent
2.6 Procurement Process
3 Inside Law Firms
3.1 People and Profit
3.2 Covid Clarity
3.3 The Dentons Example
3.4 A New Paradigm
4 New Entrants and Technology
4.1 The Accounting Giants
4.2 Legal Technology
5 Key to Solution: A New Operating Model
5.1 Preventing Transformation: Profit per Partner
5.2 Profitability at Its Limits
5.3 Cost and Value of Partners´ Time
5.4 New Incentive Systems
6 Conclusion
References
How to FIRE-UP After Burn-Out
``Who are you?´´