JordanFurlong + design   27

Is access to justice a design problem? (099) | Legal Evolution
Several years ago, if someone asked me how to solve the U.S. access to justice problem, I would have replied, “more government funding, more generous philanthropy, and more pro bono hours from lawyers.”  With these greater inputs, a lawyer would be available to every citizen needing to access the legal system.  Almost as a reflex, I suspect a large number of my lawyer peers would have given the same answer.

But what’s the likelihood of a 5x or 6x increase in resources? Cf. Legal Services Corporation, “2017 Justice Gap” at 6 (June 2017) (reporting that “86% of the civil legal problems reported by low-income Americans in the past year received inadequate or no legal help.”). I’d put it at close to zero.

Today, I am much more hopeful about our ability to substantially solve access to justice.  But it’s likely going to involve a massive redesign of how many types of disputes get resolved, including the possibility of lawyers and courtrooms being engineered out the process.  I say this based upon what I have learned about the Civil Resolution Tribunal (CRT), Canada’s first online dispute resolution (ODR) system. The graphic above is a screenshot of the CRT’s homepage, which also describes the tribunal’s current jurisdiction.
access  design 
8 weeks ago by JordanFurlong
Stanford and Suffolk Create Game to Help Drive Access to Justice | LawSites
Here’s an idea: What if there was a way to promote access to justice while having fun at the same time? That is the idea of a unique project launching today that uses a game to train a machine-learning algorithm. The algorithm ultimately will be used to better match those in need of legal help with the lawyers best suited to help them.

The game, called Learned Hands, is a joint project of Suffolk Law School’s Legal Innovation and Technology Lab, led by David Colarusso, and Stanford Law School’s Legal Design Lab, led by Margaret Hagan, with funding from The Pew Charitable Trusts. Colarusso gave me a preview of the project last week and allowed me to log in and try it for myself. This morning, he published a detailed description of the project at Lawyerist.


Margaret Hagan
Players are challenged to spot the legal issues in real people’s stories about their problems. They earn points and rankings based on how many questions they mark and the extent to which their markings are deemed to be correct.
access  schools  design  gamification 
january 2019 by JordanFurlong
Bricklayers and Architects (080) | Legal Evolution
One way to find out what our client likes is to ask her about other similar matters she has dealt with directly or observed. What did she like or dislike about those situations looking past the specific outcome? Was the resolution too slow? Did it consume too much of her time? Did the framing of the issue cut against her general policy agenda? There are many tactical choices that can help us align how we achieve an outcome with our client’s preferences. How we drive outcomes can differentiate us as more than a technician. Architecting tactical selections that advance the outcome and support our client’s larger goals marks us as strategic advisors.
clients  design  diversity 
january 2019 by JordanFurlong
Why legal design is the answer for time-crunched in-house lawyers
Taking a legal design approach — starting from the user, through sprints, workshops, prototypes, testing and so on — is exciting to implement, but what I found in taking it to the business was that they really didn’t care what we called our approach; in a more basic sense, they don’t care how you do what you, and they don’t really care about your processes and constraints. They just want an answer: preferably yesterday, not tomorrow. And why would they care? As opposed to private practice where clients come to you for your expertise, in-house you have to earn the right to be listened to. Your job is about delivering the most practical advice possible that immediately translates into the daily operations of your internal clients, in a way that means they don’t need to translate it into their own language. In other words, the in-house counsel job is all about reducing the gap between the law and those supposed to apply it for real.
design  client 
august 2018 by JordanFurlong
Joining the Dots: How ‘Designer Firms’ are creating better business development outcomes for firms and clients | LegalBusinessWorld | Home
Designer Firms have taken the opportunity to re-design and re-calibrate themselves by clearly framing their purpose, identity and culture. These Designer Firms are recognisable by their implementation of concepts which haven’t always been embraced by the legal profession in the past including:
 

a clear sense of purpose

empathy

collaboration

multi-disciplinary skills

innovation

Design Thinking
 

All of these concepts are key to building and implementing successful business development programs which enhance clients’ experiences and build aligned client relationships.

 
design 
july 2018 by JordanFurlong
Why Business Design is the Most Important Skill of the Future
Business Design …

is the application of design methods and processes on the development and innovation of business models.
is about value creation and value capturing.
transforms a value proposition into real business value.
making sense of new value creation by thinking in relations.
design  strategy  firms  models 
january 2018 by JordanFurlong
Five mistakes of beginning design thinkers – Noteworthy — The Journal Blog
Design thinking: a method and a mindset that starts with an understanding of human needs and motivations to define, frame and solve problems.
Design thinking involves developing empathy for customers, discovering opportunities, generating user-centered solutions, and building and testing prototypes. From CEOs to front-line staff, I’ve worked with people at all organizational levels on applying this process to challenges ranging from the development of new digital products to the reimagining of customer experiences.
design  clients 
october 2017 by JordanFurlong
Are Lawyers Really Luddites? – rethinking.legal
, I believe that lawyers need to go further. They must add another discipline to their box of tools. And I mean discipline in the same sense of hard work, study and practice that attended the acquisition of basic legal skills.
We see this sort of discipline in an emerging field focused on applying design outside the narrow confines of what are regarded as the “creative” professions. Over the past several decades, businesses have begun to notice that professionals in design fields — architects, urban planners, industrial designers, and other “creative” types — solve problems in a fundamentally different way than scientists, businesspeople and lawyers. They exert just as much discipline as more conventional analytical thinkers, but often wind up in very different, and very much more productive, places. Design Thinking, as it has come to be called, is a translation of the methods used by the most successful designers into language that can be applied in other settings.
Design Thinking is a catchy name, but a little misleading, given our understanding of the term “design.” When we speak of design, we often attach an article to it, referring to “a” particular design as being beautiful, or elegant. The smooth metallic surface and radiused edges of the iPhone, for example, fit that understanding of design. In that sense, design refers to a particular physical aesthetic and it seems to fall far outside realms like business and law.
But design is also a process, a methodology used to arrive at a superior end state. And it goes far beyond the physical aesthetics of product creation to encompass the entire user experience associated with a product or service.
As attractive as the iPhone’s physical design was, for example, the revolution it spawned had much more to do with how users interacted with a wide range of services, from telephony, to email to music to photography and videography.
And to get to that required a most extraordinary kind of inquiry. Because had you asked conventional phone users whether they needed something like the iPhone, they would have said no. They might have quarreled with this or that bit of functionality in their RAZRs, but they were not asking for iPhones.
design  firms  innovation 
august 2017 by JordanFurlong
Ways to Spruce Up Your Client Intake Process - Attorney at Work - Attorney at Work
Client Intake Calls: Getting It Right
Our firm represents clients in personal injury matters. Many prospective clients find us online and make initial contact through our online contact form, but we also have clients who reach out by phone or email. I’ve written before about general law firm phone etiquette. However, when it comes to intake calls specifically, here are a couple of things to impress on anyone who answers the phones at your office:

Be sensitive to the caller and their reason for contacting you. Remember, the day someone needs to retain legal counsel is probably not that person’s best day. In my practice, the person could be calling because he’s just been in a car accident, is having medical complications, or has lost a loved one. I remind staff that although they deal with injured clients every day, to the person on the phone this is a huge life event. 
Manage expectations. The staff who are on the front lines of taking phone calls or answering email inquiries need to have a realistic view of the time frame in which you will respond to the client. A prospective client who is told that he will get a return call by the end of the week will often wait for the call during that time frame. If a prospective client is told he’ll get a call back by the close of business and the call doesn’t come, he will have moved on to another firm by the end of the week.
client  design 
june 2017 by JordanFurlong
BYU Law School's new legal design lab aims to find solutions to access-to-justice crisis
righam Young University on Monday announced that its law school is a launching a legal design lab, which for its first project will help pro se defendants in Utah answer civil lawsuits.

“There’s a crisis in law right now, and it’s that legal services are very expensive,” Kimball Parker, the program director for LawX, told the Deseret News. The offering is inspired by Stanford University’s Legal Design Lab, which is led by Margaret Hagan, a 2013 ABA Journal Legal Rebel.

There are now more than 15 law schools with innovation centers, according to the American Bar Association’s Center for Innovation.

“LawX will tackle some of the most challenging issues facing our legal system today. Some gaps in legal services may not be attractive targets for innovation by small, private startups or larger profit-oriented businesses, but closing these gaps would make a tremendous difference to many people who feel priced out of the market for legal services,” Gordon Smith, dean of BYU Law School, said in a press release.
design  access  schools  incubator 
june 2017 by JordanFurlong
Customer Experience (CX) Part 2 – Mapping the Client Journey | Rainmaking Oasis, LLC
As discussed in our first post Customer Experience (CX) Part 1 – Is It Different than Customer Service, customer satisfaction often focuses on narrow and discrete touch points that clients are exposed to during a particular engagement.  Each touch point of contact and service theoretically could be good or even excellent but the client experience still may not be perceived as excellent because it represents only a phase in the overall experience.  For this reason, the first step a law firm must take is to map out the journeys that clients take over the lifecycle of an engagement, and hopefully over a long-term relationship.  In mapping the journeys, they must identify – through the eyes of their clients – where the critical junctures are for delighting clients as well as where the pain points in need of improvement are surfacing.
design  client  ux 
may 2017 by JordanFurlong
Design thinking
And that’s where design thinking can have the most impact for lawyers in their practices: when a more complex client problem lands on your desk. With the ever-onward march of the machines, we need to distinguish what makes lawyers different. Simple interpretations of the law may ultimately become the purview of the robots, but they’re not creative enough to find novel solutions and to build strategy and consensus around that option. Lawyers can. Adopting some of these design-thinking techniques can empower lawyers to stretch their problem-solving skills in new and transformative ways for both client and firm.

What is design thinking?

At core, design thinking is a method used by designers to solve complex problems and find desirable solutions for clients. In the literature, it is often described as a process, such as: Empathize — Define — Ideate — Prototype — Test
design 
may 2017 by JordanFurlong
First Law Firm to Apply Design Thinking on Global Scale | Newsroom | Baker McKenzie
Baker McKenzie Innovation Program to Reimagine the Business of Law

Investment framework for innovation announced
Design Thinking-based client co-creation model for Services
First of kind partnership with leading edge consultancy, Peer Insight
New Innovation Committee launched
Long-term investment strategy for emerging technologies
Baker McKenzie today announced a global innovation program to address changing client needs, new industry dynamics, and the broader role of digitization across the economy.

A newly formed Innovation Committee will report to the Firm's Executive Committee and ensure a Firm-wide approach to innovation is incorporated into every aspect of the business's global operations.
innovation  firms  design 
february 2017 by JordanFurlong
Lexpert ® | Design Thinking: Try, Try Again
“Law firms, if we’re being honest, tend to be centred on the lawyer rather than the client,” says Jordan Furlong, a legal market analyst and principal with Law21 in Ottawa. “The workflow, the billing and pricing, the overall accessibility of law firms, are all built around the needs and conveniences of lawyers.” A law firm’s users are its clients, and the experiences of those users constitute the firm’s design. This presents a problem for lawyers, says Furlong, because “few lawyers ever go out and hire a law firm. They just find someone else in their own firm, or they look up a friend or classmate from law school, and get them to do the work.”

But no lawyer, says Furlong, hires his or her firm from the outside, the way a client would. “Have you ever tried to use your own law firm for a legal service? What’s that experience like? Hardly any lawyer can answer that.” Furlong suggests bringing in some of your firm’s “users” for a face-to-face meeting and asking them about their experience with the firm — not just the outcome they achieved, but the process by which the outcome was reached. What worked well, and what didn’t?
jf  design  firms  innovation 
october 2016 by JordanFurlong
Human-centered Design and the Law — Rethink the Practice — Medium
The other thing is that I am constantly running interference between the rules-based world of law and the non-rules based life of IDEO. I am often elbowing outside counsel to change their language or to be more human-centered. I remember correcting a cease-and-desist letter from outside counsel. I said, “It needs to be more human-centered.” They did not know what that meant.
design  innovation  clients 
june 2016 by JordanFurlong
How Design Thinking Can Improve Diversity in the Legal Industry — Rethink the Practice — Medium
Using design thinking to solve the wicked problem of diversity
If we were to begin a design challenge to improve diversity and inclusion in the law, what should it look like?
First, we should focus on the diverse attorney experience. Through the lens of the “user,” we could include development of experience maps that show the career path for diverse attorneys who wish to pursue certain types of work within the profession. A mapping process of that type could help educate leaders in the profession to understand, in a truly empathetic way, the barriers diverse attorneys face. It could also explain to diverse attorneys how they are progressing along their career path while opening our collective thinking to alternative and lucrative career paths in law th
diversity  design  innovation 
march 2016 by JordanFurlong
Stanford Center on the Legal Profession Announces New Legal Design Lab - SLS News and Announcements - Stanford Law School
STANFORD, Calif., February 2, 2016 – The Stanford Center on the Legal Profession announced today that it has launched a new initiative called the Legal Design Lab to make the law and legal services more useful, user-friendly and engaging.
innovation  design 
february 2016 by JordanFurlong
Law Firms: Improve Client Experience Through Talent Management — Rethink the Practice — Medium
Our industry stands at an interesting crossroads. For the first time, four generations are working in the same industry. Each generation has different perspectives of success and attitudes toward work. William Henderson, professor at Indiana University, recently published an article in Indiana Lawyer with an interesting infographic reflecting generational differences among attorney populations in Indiana:
design 
december 2015 by JordanFurlong
UX and the Future of Law Firm Branding – Law Firm Web Strategy
In reality, of course, law firms have very little control over their brand. Partly, this is because law firms have almost no mechanisms for quality control and no power to enforce protocols for lawyers’ behaviours and relationships with clients. A law firm that tries to force a partner to strictly follow a specified regimen when performing work and communicating with clients will usually be down one partner in short order. As for “expertise,” most clients assume their lawyers have it, and very few know or care enough to distinguish the fine gradients of expertise that separate one lawyer from another — and in any event, with partner movement rampant among firms, expertise has become mobile to the point of peripatetic, and therefore an unreliable foundation for a brand.
jf  branding  design  ux  marketing 
november 2015 by JordanFurlong
Baseball Prospectus | Winning By Design
Lastly, buy-in from leadership is necessary because no team would ever decide on investing in a design thinking-influenced culture based on return on investment (ROI), but then again, no team would ever trade a prospect or sign a top tier free agent if only looking at ROI. Clayton Christensen, the Kim B. Clark Professor of Business Administration at the Harvard Business School, has long argued that ROI stifles innovation by placing focus on the percentage of growth as opposed to the amount of growth. The point of all this is to say that incremental innovation (hire another analyst or scout, procure more information, etc.) will always be more appealing from an ROI perspective, but differentiating innovation will rarely be achieved this way. Put more simply by Kotchka, “You cannot innovate based on data because by definition data doesn’t exist yet.”

We do not know what the future holds for baseball. What we do know, though, is that the next ideas to truly revolutionize the game will probably not resemble past ideas, other than by challenging many of the basic assumptions that we currently hold true. It might not have anything to do with design thinking, but design thinking might just help us get there
design  innovation  strategy 
november 2015 by JordanFurlong
Prism Legal Designing the Law Firm of the Future - Prism Legal
So too at law firms. If legal outcome is food quality, then the rest is the experience of getting it. Improving it may be hard but let’s start with funding for it. Consider the delta between what Big Law spends on architects and build-outs versus other businesses. It’s a big number. Have any firms spent nearly as much as that delta to re-design client experience? Firms likely would find ways to improve experience that matter far more to clients than fancy offices. (Forgive the poetic license; I intentionally ignore that fancy offices are for partners’ benefits.)
design  process  ux 
march 2015 by JordanFurlong
Visual law services are worth a thousand words—and big money
s if through some scheme of cosmic synchronicity, the last year has seen visual law take a place at the leading edge of legal technology across a range of applications. It has been embraced by product vendors, app developers, legal academics and legal services organizations—all sharing in the belief that a picture is worth a thousand words when it comes to making the law more understandable and accessible.

"We are having a visual moment," says Margaret Hagan, who in November launched the Program for Legal Technology & Design at Stanford's D.school, together with Ron Dolin, a fellow at Stanford Law's Center on the Legal Profession. The program will focus on using design to build better tools for bringing law to consumers and on promoting and documenting research in legal design.
design  innovation 
may 2014 by JordanFurlong
Service Design | Lawyers' Built-in Advantage — Joshua P Kubicki
If this sounds like a bunch of “touchy-feely” nonsense have you ever thought about why your biggest and most successful commercial clients spend so much capital on developing products and services that create an emotional bond with the customer?  Are P&G, Apple, and Mercedes fools? No they are smart because they know that what they offer is nearly the same as their competitors.  Therefore they seek competitive advantage elsewhere – in their service and in the customer/client experience.  If P&G can create a “customer experience” in the aisles of the supermarket – no lawyer has an excuse not to.  Especially when you consider the special and protected bond of the attorney-client relationship.  The most coveted and valuable client relationship any industry could hope for.
design 
august 2013 by JordanFurlong
Review – “Gateways to Justice: design and operational guidelines for remote participation in court proceedings” – Slaw
Describe how social, technological and built environments of remote witness facilities affect the experience of justice participants;
Identify factors that produce a greater sense of presence;
Measure the impact of selected changes; and
Develop best practices guidelines.
access  courts  design 
june 2013 by JordanFurlong
Visual Law: What Lawyers Need to Learn from Information Designers » VoxPopuLII
In his doctoral research related to legal risks in the context of contracts at the Faculty of Law in the University of Oslo, Tobias Mahler used icons and diagrams illustrating legal risk and developed a graphical modeling language. In a case study he conducted, a group of lawyers, managers, and engineers were asked to use the method to analyze the risks connected with a contract proposal. The results showed that the diagrams were perceived as very helpful in communicating risk.
design 
may 2013 by JordanFurlong

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