virtual third places, making room in the law market
DESCRIPTION
The common conception is that inventions are discovered by a scientist, alone in a lab, coming upon the “a-ha” or “eureka” moment, but that is often not the case. Instead, it is the interactions that scientists have with others that lead to breakthroughs. Exaptation (as opposed to adaptation) occurs when something is borrowed from one field and used to solve a problem in a totally unrelated field. In other words, innovation often comes from “refurbished” parts as opposed to newfangled creation. It is the result of exposure to ideas outside the immediate focus of interest, broad diverse connections and networks. Clearly, the legal marketplace could benefit from innovation and exaptation. The question is, however, given the restrictive regulations and legal structure within the U.S. and the global nature of the legal profession, how can the U.S. legal profession create environments that foster these diverse and eclectic connections that create the accidental combination of ingredients? This presentation attempts to answers this question by borrowing (i.e., exapting) - from other fields. It suggests that the answer is a technological one: the legal marketplace could benefit from developing Virtual Third Places. A “third place,” according to the sociologist and anthropologist Ray Oldenburg, is an environment that enables connections among people from different disciplines, and is set apart from traditional meeting places like the home or office. Utilizing some real world examples, this presentation attempts to demonstrate that the ideal third place for US lawyers and legal educators is a virtual one that promotes creative interaction among people from different disciplines, backgrounds, and political views, with various types and levels of expertise and passions.TRANSCRIPT
Virtual Third
Places:
Making Room in the Law Market
Michele DeStefano
MiamiLaw & LawWithoutWalls
Law
and T
ech
: H
ow
Tech
nolo
gy
is
Changin
g t
he L
aw
Law
and T
ech
: A
n e
asy
sell
to
a G
roup o
f Earl
y A
dopte
rs
Law
yers
, La
w S
chools
, L
aw
Pro
fs,
And T
ech
nolo
gy
One of these things is N
OT like the other
Typic
al L
aw
yers
Not
Adopti
ng T
ech
nolo
gy
In a message dated 12/12/2011 1:20:31
P.M. M wrote(after three in-person meetings in th
e month of November)Dear Laywer X,Do you have time to have a Skype call this
week? I have a few questions about a few
things and I think it might be time to
update you on where we are and talk
about potential next steps.
Any chance you are available to talk on
Tuesday between 2pm and 3pm or
Wednesday sometime between noon and
3pm?Please let me know.
ThanksMichele
Typic
al L
aw
yers
Not
Adopti
ng T
ech
nolo
gy
On Dec 12, 2011, at 5:53 PM,
Lawyer X wroteHi Michele,The next two days are difficult for me at
those times. Why don't you stop in next week or the
week after?I will be around and its not a very stressful
period of time (of course, it may be for
you because of the holidays and the kids);
otherwise,I will make myself available around your
schedule.
Typic
al L
aw
yers
Not
Adopti
ng T
ech
nolo
gy
In a message dated 12/14/2011 2:57:38
P.M., M wroteLawyerXLet's shoot to meet on Friday of next
week. I'd love to do the call over video (eg Skype
or google plus) or even phone as opposed
to driving in - am so swamped with work
(launch of LawWithoutWalls and grading
finals not to mention a journal deadline
and Xmas)Can you name times on Friday the 23rd
after 11:00am that works for you?
Typic
al L
aw
yers
Not
Adopti
ng T
ech
nolo
gy
On Dec 16, 2011, at 5:28 PM,
Lawyer X wrote:Hi Michele,Unfortunately, my building is closing on
December 23 and December 26 for the
holiday.Can you come in the following week?
Please come in whenever you are
comfortable.Happy Holidays!
Typic
al L
aw
yers
Not
Adopti
ng T
ech
nolo
gy
On Dec 17, 2011, at 5:28 PM, M wrote:
LawyerX,I will not be able to visit your office until
after the 17th of January given my travel
schedule but I do think we need to
connect before then. (I am away from the
26 to the 1st and then the entire week of
the 2nd at two separate conferences and
return on Sunday night the 8th only to
leave for Another work trip (Switzerland)
on the 11th. Therefore, I hope you will be
amenable to at least a phone
conversation. Please let me know times you are
available for a phone call on so I can
earmark an hour for us to connect. The
earlier the better. Thanks
Michele
Tech
nolo
gy
for
Law
yers
: The
Speake
r Phone
Typic
al L
aw
yers
Not
Adopti
ng T
ech
nolo
gy
In a message dated 6/5/2012 4:50 P.M.
LawyerX wrote Michele,For ease of your review I have handwritten
the language changes on the agreement.
We can word track it tomorrow, if
necessary, but for now this is a faster way
to get you the proposed changes.
Law
Pro
fess
ors
and
Law
Sch
ools
do N
ot
Uti
lize T
ech
nolo
gy
Law
Sch
ools
: Te
ch is
an A
ftert
hought
in
New
Space
s
Legal P
ract
ice &
Legal
Educa
tion
Slo
w t
o A
dopt
Tech
AN
D
Slo
w t
o C
hange
US B
ar
Lice
nse
Reqs,
Model R
ule
s, S
elf-
Regula
tion:
A
Clo
sed S
yste
m
Model R
ule
s fo
r th
e
Indiv
idual L
aw
yer
&
1:1
com
munic
ati
on
Rule
s Rest
rict
ing
NonLa
wye
r In
fluence
ove
r La
wye
rs
Rules1.85.41.65.5Privilege
Non-C
olla
bora
tive
La
w F
irm
Str
uct
ure
: G
roups
of
Fiefd
om
s
Tradit
ional L
egal E
duca
tion
does
NO
T in
volv
e a
lot
of
colla
bora
tion
Law OnlySocratic1/100SoloMeMyselfI
But
som
e o
f th
e
Big
gest
Bre
ak
Thro
ughs
are
from
the L
aw
& M
ove
ment
Com
bo o
f N
OT T
ech
y &
NO
T c
olla
bora
tive
is
a D
eath
nell
Innova
tion
What
is
Innova
tion?
The common conception is
that inventions are discovered by a scientist,
alone in a lab, coming
upon the “a-ha” or “eureka” moment, but that
is often not the caseInstead, it is the interactions that scientists
have with others that lead
to breakthroughs.
What
is
Exa
pta
tion?
Exaptation (as opposed to
adaptation) occurs when
something is borrowed from
one field and used to solve a
problem in a totally unrelated field. In other
words, innovation often
comes from “refurbished”
parts as opposed to newfangled creation
Gute
nberg
’s P
rinti
ng
Press
Put
Exi
stin
g
Piece
s to
geth
er
Franci
s C
rick
’s D
NA
Applie
d t
he W
ay
that
Scu
lptu
res
Were
Made
Incu
bato
rs M
ade
Com
ple
tely
fro
m
Refu
rbis
hed T
oyo
ta T
ruck
Pa
rts
Key
to e
xapta
tion is
M
ult
i-D
isci
plin
ary
C
olla
bora
tion:
Apple
’s P
ara
llel
Product
ion
Colla
bora
tion
Colla
bora
tion
A T
hir
d P
lace
A “third place,” according
to the sociologist and
anthropologist Ray Oldenburg, is an environment that enables
connections among people from different
disciplines, and is set
apart from traditional
meeting places like the
home or office.
A T
hir
d P
lace
: C
afe
s in
the1920s
Wri
ters
, Po
ets
, A
rtis
ts
A T
hir
d P
lace
: Rubbin
g
Should
ers
wit
h D
iffere
nt
Types
of
People
Why
Not
a V
irtu
al
Thir
d P
lace
?
My
Exa
pta
tion:
Thin
k Fa
ceB
ook
My
Exa
pta
tion:
Plu
s A
dobe C
onnect
Law
Wit
houtW
alls
: A
V
irtu
al T
hir
d P
lace
Law
Wit
houtW
alls
: A
V
irtu
al T
hir
d P
lace
What
if T
here
Was
a T
rans-
Dis
ciplin
ary
Sta
tion f
or
the
Law
Mark
et
CHANNEL GUIDE:• ESPN• CNBC• LWOW• CNN
Like
a T
alk
-Show
but
YOU
Inte
rchange
“Liv
e”
Real T
ime o
n
Hot
Legal I
ssues
CHANNEL GUIDE:• ESPN• CNBC• LWOW• CNN
A D
iffere
nt
Way
to C
om
munic
ate
Diff
ere
nt
Vers
ions
of
Ours
elv
es
Bre
aks
Dow
n
Walls
A V
irtu
al T
hir
d P
lace
: M
ay
be M
ore
Real
A V
irtu
al T
hir
d P
lace
: A
Vis
ion F
or
Legal
Educa
tion
Envi
sion:
M.O
.V.E
LAW
Envision M.O.V.E Law: Miami’s
OnLine Virtual Education
Moving Law From Place to Space
Part-virtual, transdisciplinary
offerings e.g. LawWithoutWalls and or an
LLM for the 21st Century Lawyer,
and more Creating a culture of
interaction and community
Teaching skills for global
lawyering that are not
taught in Legal Education
Real Time, Synchronous,
Video, and Audio
A V
isio
n F
or
Law
Pra
ctic
e:
Law
yer
OnLi
ne V
irtu
al
Ente
rpri
se
A V
isio
n F
or
Law
Pra
ctic
e:
Law
yer
OnLi
ne V
irtu
al
Ente
rpri
se
Connecting law firm offices around the globe with clients as
easily as changing the
station on the remote Bridging cultural
bonds Virtual, real-time, video and audio
Anytime
Vir
tual T
hir
d P
lace
s:
Maki
ng R
oom
in t
he
Law
Mark
et
We are the space creators - making room
for Virtual Third Places
It is time to start spreading our message
This is our collective
Mission To show the legal world
that
Tech
nolo
gy:
Not
just
a T
unnel t
o g
o
Thro
ugh t
o g
et
to S
om
e
Pla
ce
Tech
nolo
gy
is t
he
Dest
inati
on:
A H
om
e
Aw
ay
From
Hom
e