Tag Archives: 21st Century skills

The march of 21st Century banking law — hermeneutics exposed

Lalita Clozel at the Wall Street Journal is reporting that:

Fed Vice Chairman for Supervision Randal Quarles said the agency’s policies on bank control have been difficult to parse, except for people “who have spent a long apprenticeship in the subtle hermeneutics of Federal Reserve lore, receiving the wisdom of their elders through oral tradition.

Wall Street Journal, April 24, 2019, Lalita Clozel, “Fed Moves to Ease Rules for Bank Investors.”

So, the Federal Reserve is promulgating new rules intended to elucidate (and loosen) its bank control policies. And so begins the lustration of yet another once tidy and “pleasantly remunerative” corner of MidLaw’s erstwhile law practice. 

This must be among the final steps in eradicating law practices where obscure practitioners could dispense subtle hermeneutics for a fee. Shame that.

O tempora, o algorismi!

 

Cartoon by P.C. Vey, New Yorker, March 9, 2009

Advertisements

Guilford College gearing up for ground-breaking program

Guilford College is rethinking what it takes to transform 21st Century high school graduates into skilled, grounded 21st Century human beings.

Famously, one-hundred-and-seventy years ago Nereus Mendenhall said that the business of Guilford College is to

produce men and women with well-trained minds and good hearts; people who can think for themselves and not be blown about by every wind of doctrine.

Pretty old-fashioned, what? NOT. But some renovation is in order.

The new student experience at Guilford, called “the Guilford Edge” brings 21st Century thinking to the old mission. It’s re-gearing the College to bring to students new personal and developmental resources that match and support Guilford’s traditional academic strengths. In keeping with Guilford’s 175-year tradition, the student experience at Guilford will be tailored to each student, personally and one-by-one.

New facilities, new curriculum, new student engagement-and-support programs, are coming. First is re-imagining the buildings and grounds to hold and advance the new student experience. Already, new facilities are generating new energy.

Between now and Fall of 2019 the rest is coming.

World seems to be orienting itself to the program at Guilford College

Axios Future is reporting that creativity, persuasion, collaboration, adaptability and time management are the skills most in demand in the workplace. Axios cites the LinkedIn Learning Blog which in turn is based on LinkedIn’s 2018 Workplace Learning Report.

LinkedIn in goes on to identify the 25 most needed hard skills, as well.

It’s right remarkable how both sets of skills line up with the Guilford Edge at Guilford College. And see how that lines up with this recent post and the one after that.

Learners will inherit the earth

First graders this year will graduate in 2030.

By 2030 up to 800 million workers around the world will have lost their jobs to automation.

In a presentation at Westtown School recently, New York Times journalist and Westtown graduate Kevin Roose said, “Things are going to keep changing rapidly… People who are able to adjust to [new industries] rather than clinging to the old way of doing things are going to have a big advantage.”

Eric Hoffer famously said,

In times of change, learners inherit the earth, while the learned find themselves beautifully equipped to deal with a world that no longer exits.

In 2030, today’s first graders will need competencies such as creativity, collaboration, communication, critical thinking, adaptability, and empathy.

Next fall, Guilford College will bring forth “The Guilford Edge.” It is designed precisely to develop the learners. Learners first, learned later.

Bright long-term future of the right lawyers and mid-sized firms affirmed by tech guru

Kai-fu Lee, leading artificial intelligence exponent, makes the following observation about lawyers and artificial intelligence. He’s in line with MidLaw’s dogged confidence in the prospects of lawyers who focus on core (indeed, 19th Century) lawyer skills and MidLaw’s confidence in the mid-sized law firms that provide the best setting left for cultivating those skills. 

Top lawyers will have nothing to worry about when it comes to job displacement. Reasoning across domains, winning the trust of clients, applying years of experience in the courtroom, and having the ability to persuade a jury are all examples of the cognitive complexities, strategies, and modes of human interaction that are beyond the capabilities of AI. However, a lot of paralegal and preparatory work like document review, analysis, creating contracts, handling small cases, packing cases, and coming up with recommendations can be done much better and more efficiently with AI. The costs of law make it worthwhile for AI companies to go after AI paralegals and AI junior lawyers, but not top lawyers.

10 Jobs That Are Safe in an AI World

MidLaw has been saying so:

MidLaw Christmas Traditions – The James Brown Christmas Miracle

Everybody has their Christmas traditions. MidLaw has several. First is the James Brown Christmas Miracle, which MidLaw discovered last year. You can push a button right here, right now, and get James Brown’s Funky Christmas on your device. Now that is a miracle.

As nearly as I can tell, thanks for this are due to Josh Jones, a writer, and musician based in Durham, NC, and to Open Culture, the best free cultural and educational media on the web. And, of course, to JAMES BROWN.

Let us rejoice and be glad.

Have a Soulful Christmas (Track 6).

[Next week, it’s MidLaw’s Yuletide Hummus.]

Blockchain, Bartleby, and real property lawyers

Bartleby, The Scrivener, A Story of Wall Street, by Herman Melville.

It was published in 1835, but it is uncannily contemporary. Uncanny: Bartleby is a direct comment on the application of blockchain to the practice of law in the 21st Century – coming from a guy otherwise best known for his study of albino whales and certain broader aspects of the whaling industry in the 18th Century.

The book is an almost perfect thing for a holiday weekend. It is free. Published in 1835, you can download it at no charge. It is short. And it is written in an engaging style. It is funny.

Withal, you can still feel a sense of accomplishment from reading it. It’s said to be “the most noted of American short stories.” It’s among the most interpreted, commented upon, and alluded to stories ever. The Economist magazine maintains a blog named Bartleby. Bartleby.com is a major Internet repository of classic texts. The character, Bartleby, is a stereotype, a trope even. So, it’s good to know what’s behind all that.

Bartleby has become a mental model, a way of understanding the world.

And – 200 years down the road – it has become impossible to conclude that, with Bartleby, Melville was not commenting on the application of artificial intelligence to law practice – with precision and humor.

The story is told by a Wall Street real property lawyer, who describes himself as:

a man who, from his youth upwards, has been filled with a profound conviction that the easiest way of life is the best. Hence, though I belong to a profession proverbially energetic and nervous, even to turbulence at times, yet nothing of that sort have I ever suffered to invade my peace. I am one of those unambitious lawyers who never addresses a jury, or in any way draws down public applause; but in the cool tranquility of a snug retreat, do a snug business among rich men’s mortgages and title-deeds. All who know me, consider me an eminently safe man.

The lawyer’s snug retreat has been threatened by changes in the marketplace and profession, and by accompanying changes in the law and legal system:

The good old office, now extinct in the State of New York, of a Master in Chancery, had been conferred upon me. It was not a very arduous office, but very pleasantly remunerative. I seldom lose my temper; much more seldom indulge in dangerous indignation at wrongs and outrages; but I must be permitted to be rash here and declare, that I consider the sudden and violent abrogation of the office of Master in Chancery, by the new Constitution, as a—premature act;inasmuch as I had counted upon a life-lease of the profits, whereas I only received those of a few short years.

But, for the moment, the lawyer is experiencing an upswing in his business, and he needs to hire a fourth “legal copyist” or scrivener. Scriveners were 19th Century word processors. (Note for younger readers: until the late-Twentieth Century, word processors were human beings.)

So the lawyer hires a scrivener, Bartleby, who had lost his job as a clerk in the Dead Letter Office of the postal system due to a change in administration. Thereby hangs Melville’s tale of a man who copied legal documents, word-by-word and by hand, for his living.

Today, in the 21st Century, scriveners have been entirely replaced by small machines. Lawyers today – at least those in search of a snug retreat – are now the ones being re-ordered, if not largely eliminated, by changes in the law and by the advance of blockchain, artificial intelligence, and their supporting technologies, also delivered by small machines.

It’s hard to see how Bartley is not commenting on all that – although as Bartleby says, “I’d prefer not to.”

Possibly, the story is also a comment on contemporary politics. That’s for others to say. I’d prefer not.

Renovating in the groves of academe

The Greensboro News and Record has a good article about it: Guilford College is on theGuilford College 1 move.

A game-changing new curriculum is on the way. “The Guilford Edge” – coming next year – will be a major innovation in higher education and for Guilford. It puts the focus on the student, re-imagines the college experience, and connects immediately to the world that students will graduate into. But that’s next year.

The Orangerie

Right now, Guilford is reshaping the campus – the buildings and grounds – to hold the new program. 

Maybe the most dramatic uplifts are the Nancy-and-Dennis-Quaintance-inspired restoration of dormitories and living spaces, the creation of a dynamic new Student Quad, the Orangerie, and upgrades to the athletics facilities. But those flashy projects overlook what feel like unique and most amazing reinventions of the arts facilities at the Hege-Cox complex, with exhilarating expansions of Guilford’s traditionally very strong arts department. There’s a new sculpture studio, a new ceramics studio, new galleries, and new, state-of-the-art classrooms. Arts students can hardly argue (as some do in other places) that sports are prioritized over arts at Guilford.

Guilford hege-cox_addition-sculpture

One of the new studios behind Hege-Cox

Excitement is palpable among the sculptors. The new spaces and new equipment and other facilities are fostering impressive, contemporary student work and the student locker room calls to mind the locker rooms over at Ragan-Brown Fieldhouse, except with artworks in progress in the lockers instead of “seasoned” sports gear.

What’s more impressive is to learn what happens in the new classrooms, where students and professors integrate arts, social sciences, physical sciences, and traditional liberal arts into reimagined learning – and connect the learned skills of sculptors with real-world, contemporary issues and problem-solving. The sculpture professor over there is on fire with the ways that learning sculpture translates into practical, meaningful work across a broad spectrum of industries after college.

MidLaw would never argue that sculpture is not a great preparation for 21st Century law practice.

To the contrary.

Not your traditional groves of academe. Not only art for art’s sake.

A James Brown Christmas miracle — Merry Christmas Baby

I do not understand this Internet, but I say it is a Christmas Miracle when you can push a button on your computer and have James Brown’s Funky Christmas come right up, no charge.

(You are looking for track number 4, but don’t miss number 5 — well, all of them.)

As nearly as I can tell, thanks for this are due to Josh Jones, a writer, and musician based in Durham, NC, and to Open Culture, the best free cultural and educational media on the web. And, of course, to JAMES BROWN.

Let us rejoice and be glad.

Have a Soulful Christmas (Track 6).

What lawyers are for: what Montaigne said: a respite from artificial intelligence, alternative providers, and accountants

mont4

Michel de Montaigne

Now is a time when great chunks of law practice are breaking away. Law work is going to alternative providers and artificial intelligences and accountants. Lawyers are challenged to get clear about what their core function is. What, if anything, do lawyers do better than machines and bureaux and accountancies?

“Advocacy” is an answer that comes back soonest and most frequently. “Managing uncertainty” is another. Often these come down to acting in the moment: functioning on your feet in courtrooms, boardrooms, and conference rooms. In those contexts, the unexpected can break out. When that happens, who are you going to call?

Artificial intelligence, quick as it is, can’t yet come into a room and take up the lists. Alternative service providers want stacks of documents and time to sift through them. Accountants want to classify and quantify. They want time and premeditation.

For now anyway, it’s still left to the lawyers to manage uncertainty — controversy — in the moment. Particularly lawyers in mid-size firms are called for that. They are the ones that get the most experience with it.

Michel de Montaigne, himself a lawyer in the middle market, was the brain scientist of the 16th Century. He commented on the lawyer’s brain and on acting in the moment — and he distinguished between what he called “the mind”, on one hand, and “judgment”, on the other. His comments (in his essay Of Quick or Slow Speech) call to mind the work of his fellow (albeit modern-day) brain scientist Daniel Kahneman and Kahneman’s recent book, Thinking Fast and Slow.

In the gift of wit or eloquence, Montaigne said

some have facility and promptness, and, as they say, can get it out so easily that at every turn they are ready; whereas others, slower, never speak except with elaboration and premeditation.

[I]f I had to give advice regarding these two diverse abilities …, which seems in our time to be the profession principally of preachers and lawyers, the slow man would do better as a preacher, it seems to me, and the other better as a lawyer. For the former’s calling gives him all the leisure he pleases to prepare himself, and then his course is run in a straight continuous line, without interruption; whereas the opportunities of the lawyer press him at every moment to enter the lists, and the unseen replies of his adversary force him off his course, so that he must immediately take up a new line.

It seems to be more peculiar to the mind to be prompt and sudden in its operation, and more peculiar to the judgment to be slow and deliberate. But a man who remains completely mute unless he has leisure to prepare, and also one to whom leisure gives no advantage for speaking better, are both abnormal cases. They tell of Severus Cassius that he spoke better without having thought about what he was going to ay; that he owed more to fortune than to diligence; that it was an advantage to him to be interrupted in speaking, and that his adversaries were afraid to goad him, for fear that anger would redouble his eloquence.

These two temperaments, thinking fast and slow, have their different characteristics, each its limitations. Reflecting on himself, Montaigne observes:

I know by experience this sort of nature that cannot bear vehement and laborious premeditation. If it doesn’t go along gaily and freely, it goes nowhere worth going. We say of certain works that they smell of oil and the lamp, because of a certain harshness and roughness that labor imprints on productions in which it has a large part. But besides this, the anxiety to do well, and the tension of straining too intently on one’s work, put the soul on the rack, break it, and make it impotent; …

It is no less peculiar to the kind of temperament I am speaking of that it wants to be stimulated: not shaken and stung by such strong passions as Cassius’ anger (for that emotion would be too violent); not shocked; but roused and warmed up by external present, and accidental stimuli. If it goes along all by itself, it does nothing but drag and languish. Agitation is its very life and grace.

I have little control over myself and my moods. Chance has more power here than I. The occasion, the company, the very sound of my voice, draw more from my mind than I find in it when I sound it and use it myself. This its speech is better than its writings, if there can be choice where there is no value.

This also happens to me: that I do not find myself in the place where I look; and I find myself more by chance encounter than by searching my judgment.

There is insight here for lawyers who advocate and counsel and negotiate – and also some respite from the onslaught of artificial lawyers, alternative lawyers, and accountants.

Be the one who can bring surprise and uncertainty, but also be prepared to welcome uncertainty when it comes upon you. Lawyers are the ones who are best in the moment, but they must bring judgment in those moments. Maybe artificial intelligence will be able to do that one day; I can’t see accountants getting there.

Be the one who goes along “gaily and freely.” Be the guy who brings the hammer to a computer fight.