WELCOME Welcome! ERC Fellows Meeting January 14-15, 2015
Jul 13, 2015
WELCOME
Welcome!ERC Fellows Meeting
January 14-15, 2015
Collaborative Problem Solving:
LWOW X Compliance & the ERC
Michele DeStefanoProfessor, University of Miami School of
Law
Founder + Director, LawWithoutWalls
ERC• January 2015
Road Map
Trends:
The Law Market
Legal Services Market
Changing
More Complex
And less?
Technologiz-ation
More or Less Efficient?
More or Less Connected?
More or Less Effective?
As a Lawyer, Always Available?
Globalization
Competition
The Death of Big Law??
Certainly Not the End of
Lawyers
≠
Some Truth to This Trajectory
Client Legal Process
Reengineering: DRP2
KMStandards
In-House Law Departments:
Legal Process Reengineering
• Internal legal process outsourcing
• Procurement
• Six Sigma
• Project Management
• Refined, automated, and often on-line
RFP Processes
YOU Want More
Value
You Have Been Telling Law
Firms
The Rise of the Legal Freegan
NonLawyers Offering
Law-Related Services
Professional Services Offering
Globally Integrated Business
Solutions,
Including Law Consulting
New Law Firm/Legal Services
Models• Riverview Law
• NovoLawyer
• Rocket Lawyer
• LegalForce
• Total Attorneys
• Mootus.com
• MiamiLex
• Axiom
• Burton Law
• LawDingo
• Agreement24
• Legal365
• The co-operative
legal services
• LexMundi
Truth is? Big Law is Innovating
TooClifford Chance: Wins
innovation award for using six sigma and Lean
Allen & Overy
1st firm to embrace
LPO: over 300
lawyers and staff in
Belfast hubLinklaters: Matter
management
Changes the
Lens Through
Which We View
Legal
Education
Trends:
Legal Education
Rising Costs of Legal
Education
Plummeting Law School
Enrollments
From 52,000 (2010) to 39,000
(2014)
Even Top Tier Law Schools
are impacted . . .
Seton Hall Down 43%
Hamline Down 55%
Applications down 38% 2010-2013
Harvard Law School has fewer acceptable
applications:
16% of all applicants (2012) vs. 11% (2009)
STILL:
Law Schools Produce More
Lawyers than the Market Can
Absorb
Predicting
Law School Closings
Impact on Legal Education
Different Challenges, Different
Skills, Different Tools + Different
Goals
21st Century Lawyering Skills
Problem Solving
Teaming
Technology
Entrepreneurial
Social Networking
Cultural Competency
Business Skills
New Platforms for Relationships
Law Schools are Training for
Jobs Not Even In Existence Yet
Law Schools are
Looking for a Solution
Net: Lawyers & Law Schools
Must Innovate to Survive
And Likely Best if We Do it :
Together
Multi-Disciplinary
Open Collaboration
Our Challenge
Build A Law Without Walls
LAWYERS
LAW SCHOOLS
A More Iterative Partnership
Between Law Schools + Lawyers
The Market is Ready
Part-Virtual Collaboratory
Develops 21st century lawyering skills
Law + Business + Technology + Innovation
Break Down Barriers and Hierarchies
Inspire Change
Multi-Disciplinary Teams
16 TEAMS OF:
• 2-3 Business and Law Students
• Academic Mentor
• Entrepreneur Mentor
• Practitioner Mentor
• Corporate Law Mentor
Team TopicsTeams are assigned broad topics in eitherlegal education or practice.
EXAMPLES:
Cyber Justice: Using Technology to Provide Legal Services to the Underserved Around the Globe
The Increasing Importance of Corporate Compliance: More Jobs For Law Grads or Another Threat to Lawyers’ Monopoly?
Find the Cracks and Gaps
Turn Into Opportunities
1. KickOff
2. Virtual Dynamic Teaming
3. ConPosium
Three Segments to
LawWithoutWalls
The KickOff: Segment I
Segment II Virtual Collaboration:
Part IA: Virtual Dynamic Teaming
Part IIB: LWOW LiveLaw Related Services: Legal Process
Outsourcing, Legal Consulting and Other PSF
Segment III:
LawWithoutWalls ConPosium
450+ people, 15 countries,
6 continents, and 14 time zones
New Platforms for
Relationships
Students
+
Mentors
+
Community
+
Technology
=
Connections + Opportunities
for Students
JOB JOB
Connections + Opportunities
for Law Firm Lawyer
LAWWITHOUTWALLS
Why Not All-Virtual?
Debate:
Ain’t Nothing Like the Real
Thing
Depends on the Real Thing
On-Line & Synchronous May Be
More Up Close & Personal
Upsides: Low Cost
Compared to Blended
Upsides: Convenient
Upsides: Talent
Upsides:
Equalizing
LWOW X Pilot 2014:
A Success
Why Compliance & Ethics?
And WHY ERC Fellows?
LAWWITHOUTWALLS
Trends:
Compliance & Ethics Industry
More & More Corporate Scandals
Despite Budget Freezes . . .
Corporations are Investing in
Managing the Legal Risk of
Business
Changes in Legal Landscape
• Economic Downturn
• Globalization
• Enhanced complexity of regulatory
environment
• Changing corporate criminal liability rules
• Enhanced Federal Sentencing Guidelines
• Aggressive settlement and consent decree
requirements
Corporations Around the Globe
Facing Challenges
Substantive Sweet Spot
Introducing . . .
Our
Charge:
Teach
Students
about
Compliance
& Ethics &
Build an
Internationa
l
Community
Our
Charge:
Solve
Problems
Facing
Compliance
Industry
Role:
LWOW X Compliance
ERC Fellows Working Group
ERC LWOW X Working Group:
Chief Ethics & Compliance Officers
From• BP
• Lockheed Martin
• Boeing
• Bechtel
• Merck
• KPMG
• UTC
• Deloitte
• Ernst & Young
Benefits: Real Topics/Real
Problems1.Effective Strategies to Prevent Retaliation for
Reporting Misconduct
2. Managing Ethics and Compliance Risk
Downstream through the Supply Chain
3. Building Effective Anti-Corruption Initiatives
that Target Third Party Intermediaries
4. Anti-Trust Compliance Issues in an
International Context
5. Ambiguous Legal Issues Associated with
Investigations and Audits
Benefits: Real Topics/Real
Problems6. Developing Effective Communications
Strategies for Ethics and Compliance Topics
7. Dealing with the Effects of Mental Health
Issues on Ethics-Related Conduct
8. Managing Conflicts of interest Between
Companies and Regulators
9. In a Glocal World, How do Corporations
Reduce the Dark Zone of Unknown Corporate
Misconduct?
So How Will It Work?
Identify a Real ProblemTopic: In a Glocal World, How do Corporations Reduce the Dark Zone of Unknown Corporate Misconduct?
Problem/Target Audience: Many corporations around the world do not have compliance departments or integrated programs. Students could research and identify what efforts are made by corporations to make corporate misconduct visible for these companies?
So How Will It Work?
Final Product - Not a White
Paper
Solution:
• Develop a compliance tool/app for
corporations that do not have compliance
programs that helps these corporations
uncover corporate misconduct that lead to
internal investigations.
– include an anonymous reporting function that
enables video, sound, and written information
to be provided in a secure and private way.
So How Will It Work?
Identify a Real Problem• Topic: Forget the Public vs Private
Enforcement Debate: Consider Open or Crowd-Sourcing Compliance
• Problem/Target Audience: Police are often taking advantage of their power and treating the public inappropriately during stops and arrests
– Minorities
– Large venues/occasions e.g., football games
So How Will It Work?
Final Product - Not a White
Paper
Solution:
• Crowd-sourced app that allows
bystanders and victims of the abuse
to upload photos and information
about incidents that occur and to
identify certain officers that
misbehave
Benefits: LWOW LIVE
Real Debates With GCs &
CCOsThe Never-ending Debate: Compliance, Ethics, or Both?
Legal versus Business: Who Should Win the Turf War in the Compliance Oversight?
A Comparative Approach to the Compliance Industry: Interviews with CCOs in U.S., Europe, & Asia
The Compliance & Ethics Function Within Law Firms: Better Late Than Never or Before Its Time?
Global Corporations in a World of Local Market Specifics: How to Create a Glocal Identity of
LWOW Live: 14 CCOs & GCs
as Thought Leaders
Benefits:
Collaboration Around the Globe
9 teams
26 Students
36 mentors
Benefits:
7 Countries - 10 SchoolsBucerius
Ecolehead
Indiana University
Osgood/Schulick
STL
Pontifical Catholic
UCL
Leipzig
Miami
Montreal
Michele DeStefanoProfessor, University of Miami School of Law
Founder + Director, LawWithoutWalls