Month: June 2014

  • Top Take-Aways from GSummit for the Legal Profession

    play“We can’t solve problems by using the same kind of thinking we used when we created them.” – Albert Einstein

    I attended GSummit in San Francisco this week. (The “G” stands for gamification.) This annual conference looks at ways to increase user engagement through gamification and games. With all of the online “noise” surrounding us and the invasiveness of mobile technology pulling people in many different directions, no industry – not even the legal profession – is immune from the problem of getting the public’s attention long enough to convey a message.

    As I’ve written before, I am researching ways to increase online engagement between the public and the legal profession. Specifically, I am looking at ways to use online games to educate and empower the public about their legal rights. While I knew this conference was aimed more at how companies could increase brand loyalty and engagement of consumers, I thought the lessons here were definitely something that might translate over to our profession.

    I was not the only person thinking this. There were a couple other people from the legal profession, including a member of the Legal Services Society in BC and someone from a big law firm scoping out methods of gamification to motivate associates to collaborate and share work. I gathered a lot of useful information in the sessions that I will be exploring further in my research at Stanford.

    Below are only a few of the top take-aways from GSummit 2014. With each of these, I am thinking about multiple applications of the concepts to our profession, such as 1) implementation in a large law firm for associates, training, employee motivation, etc., 2) a technique that a legal tech startup or existing branded network for legal services could adopt, or 3) a way that games could be created that would educate the public about the law and where to go for legal assistance whether that’s to a legal aid organization, a branded network, a law firm or a solo practitioner.

    1. Games can be incredibly adept at explaining complex systems. – IBM’s Serious Games Solutions (And what could be more complex than the legal system?)

    2. Games can be used to change cultures in a positive fashion. – IBM’s @INNOV8ATE

    3. Intrinsic and extrinsic motivation may not be specific enough to explain behavior. Behavior is systematic. Designing should be for behavior change and not for persuasion. – BJ Fogg (Stanford) (@BJFogg)

    4. How to troubleshoot when a behavior is not happening (such as people not take some preventive legal action): 1. Trigger the behavior (Tell them “You need to have this legal document executed!”), 2. Is it simple enough? Can they do it from an ability perspective? 3. Motivation (do they want to do it? do they understand the legal consequences of doing or not doing an action?) – BJ Fogg (Stanford)

    5. Validation, especially social validation, is always better than out-right rewards, but it’s harder to orchestrate. Rewards have a short-term result. – BJ Fogg (Stanford)

    6. For intervention and prevention, you only need to create an experience that is short but impacts the player for a longer time. This is contrary to the belief that you have to build a game that people will keep playing repeatedly or come back to. You only have to get them to do it in a short burst and that exposure to the experience in the game mechanics will be long enough to have the impact desired to convey the lesson. – from a recent study on games that Jane McGonigal spoke about during her session

    7. Technology didn’t make a difference in the results regarding the success of a game. It could be a pen and paper game and innovative technologies or apps didn’t make a difference. – from McGonigal’s talk [McGonigal also told about the push-back she has gotten with her games and research geared towards improving people’s health and how the “bias” against games by the medical profession is unfortunately preventing potentially useful clinical data from getting into the hands of the people it could help. I expect the same initial resistance with the legal profession. Gathering user data and outcome reporting is going to be important.]

    8.  Co-op play, social gaming, or adding a social component to the game increases positive feelings about the players and increases interaction.  – McGonigal

    9. Connecting the subject you want to teach to pop-culture references can have enormous impact at both increasing the engagement but also in spreading the lesson to people who otherwise might not be interested in engaging long enough to learn it.  – Neil DeGrasse Tyson spoke about his work as an astrophysicist and how he teaches by finding ways to connect his ideas out into pop-culture references. The same could by connecting legal games with pop culture icons and references – maybe even cat memes.  While that may sound “distasteful” to some in the profession, it would actually work really well to get the engagement necessary to teach the legal lesson.

    10. There is a psychology of fun (her slide deck on this) and different types of fun that can lead to desired engagement. – Nicole Lazzaro, XEODesign

    Top insight gleaned: The legal profession is not engaging with the public we serve in ways that will make a meaningful impact. As society becomes more mobile, it will become increasingly difficult for us to get the public’s attention and therefore more difficult to increase access to justice and help guide them to self-help resources. There are ways we could use gamification and game mechanics to create meaningful connections between the public and legal services providers and/or legal information for self-help purposes.

  • Second Edition of Virtual Law Practice Book

    book pic2I am updating the second edition to the Virtual Law Practice book that I wrote back in 2010. The book needs to be almost completely re-written based on the way that technology has changed since I wrote about the set up of online delivery in law firms only four years ago.

    I am expanding the book to include my newer experiences working with law firms and lawyers to integrate online delivery of legal services into different law firm business models. Over the past four years, I’ve taught law school courses on the subject of virtual practice and related topics, such as unbundling of legal services and law practice management. Some of the content and material from my courses will end up in the text of the updated edition of the book.

    At the time of writing the first edition, I was very focused on the idea of completely virtual law offices, mostly operated by solos or small firms. However, since then, I’ve worked with so many varieties of business models that use technology to deliver online services that I realized I need to expand the book to include these different models. In many cases, in terms of economic success, these other methods of delivering online services seem to be more successful than the purely virtual law office model.

    In terms of statistics and specific data about the operation and success of any form of virtual practice, we still have very little concrete information to share. Companies like Clio and MyCase may gather useful information on the use of their systems to help with their marketing campaigns to lawyers. However, no one else seems to be able to gather data on how many lawyers deliver legal services online, what tools they use,  how it integrates with traditional delivery models, who their customers are, and any success they may or may not be having. I have my personal experience and that of my colleagues in elawyering working with many law firms and lawyers to create virtual law practices. Perhaps in the future as more lawyers add unbundled, online legal services to their offerings, the state bars will assist in collecting this data.  For the second edition, I will try to locate more statistics that might be useful in helping practitioners determine what the risks and benefits are of the different models of delivery.

    I’m going to spend the next two months finishing up this second edition and then turn my focus back to the work on my fellowship at Stanford Law School with the Center on the Legal Profession. I am attending the GSummit event in San Francisco next week to learn more about gamification and games and to think of ways to apply this form of increased online engagement to the legal profession and to serving the public.

    If anyone who read the original book would like to make suggestions about anything that you would like to see me cover in this updated edition, please let me know. Thanks and I look forward to having new content to share on this blog and elsewhere in the very near future!

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