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Changing Legal Practice and Markets Implications for Legal Education and Innovation at Penn State Law Penn State Law Blue-White Weekend CLE April 21, 2018 Dean Hari Osofsky, Penn State Law and School of International Affairs

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Page 1: Changing Legal Practice and Markets - Penn State Law...Changing Legal Practice and Markets Implications for Legal Education and Innovation at Penn State Law 1. National Transitions

Changing Legal Practice and MarketsImplications for Legal Education and Innovation at Penn State Law

Penn State Law Blue-White Weekend CLEApril 21, 2018

Dean Hari Osofsky, Penn State Law and School of International Affairs

Page 2: Changing Legal Practice and Markets - Penn State Law...Changing Legal Practice and Markets Implications for Legal Education and Innovation at Penn State Law 1. National Transitions

Changing Legal Practice and MarketsImplications for Legal Education and Innovation at Penn State Law

1. National Transitions in Legal Practice and Education• The Simple Narrative of National Transitions• Employment and Admissions Trends• Rise of Legal-Tech and Need for Cross-Cutting Knowledge• Access to Justice Gap

2. Implications for Legal Education and Innovation at Penn State Law• Meeting Ethical Obligations to Our Students: Bar Passage and Launching

Careers• Embracing Opportunities Created by Evolving Technology and Markets• Partnering with Colleges and Campuses in Teaching and Research• Addressing the Access to Justice Gap

Page 3: Changing Legal Practice and Markets - Penn State Law...Changing Legal Practice and Markets Implications for Legal Education and Innovation at Penn State Law 1. National Transitions

National Transitions in Legal Practice and Education

The Simple Narrative of National Transitions

Page 4: Changing Legal Practice and Markets - Penn State Law...Changing Legal Practice and Markets Implications for Legal Education and Innovation at Penn State Law 1. National Transitions

Employment• Recession hit legal market hard

– 2011-2013 worst years in entry level hiring.

• Shift in available jobs as market recovered– Fewer law firm jobs– Stable % public sector jobs – Increasing % JD Advantage jobs

• Class of 2017 National 10 Month Data– 75.3% in full-time long-term Bar

Passage Required or JD Advantage– 2.2% increase in employment but

5.9% decrease in class size – 4.2% increase Bar Passage Required

and 2.3% decrease JD Advantage

National Transitions in Legal Practice and Education

Admissions• National pool decline

– High 2006 – 88,700 applicants– Low 2014 – 54,500 applicants– FA 2017 – 56,168 applicants– FA 2018 Current total – 54,534

applicants (will likely represent significant increase)

• 2017 LSAT test takers/registrants increasing– June 2017 up 19.8– September 2017 up 10.7%– December 2017 up 27.9%* – February 2018 up 10/8%

(registrants)

Page 5: Changing Legal Practice and Markets - Penn State Law...Changing Legal Practice and Markets Implications for Legal Education and Innovation at Penn State Law 1. National Transitions

National Transitions in Legal Practice and Education

Rise of Legal-Tech and Need for Cross-Cutting Knowledge• Artificial Intelligence and Machine Learning

– E-discovery– Legal Research– Contract Analysis

• Non-Lawyer Legal Services– Document Preparation

• Changing Practice Models– Fixed Fee and Unbundled Billing– Increasing Focus on ability to analyze and respond to

new situations• Cross-Cutting Knowledge

– Law-STEM (IP, Cyber, Energy, Health)– Business Skills (Accounting, Management, Leadership

https://www.law.com/sites/almstaff/2017/04/10/whats-next-in-legal-tech-a-podcast-from-stanfords-futurelaw/?slreturn=20180321071540

Page 6: Changing Legal Practice and Markets - Penn State Law...Changing Legal Practice and Markets Implications for Legal Education and Innovation at Penn State Law 1. National Transitions

National Transitions in Legal Practice and Education

Access to Justice GapLegal Service Corporation 2017 Justice Gap Report• “In the past year, 86% of the civil legal

problems reported by low-income Americans received inadequate or no legal help.”

• “71% of low-income households experienced at least one civil legal problem in the last year, including problems with health care, housing conditions, disability access, veterans’ benefits, and domestic violence.”

• “In 2017, low-income Americans will approach LSC-funded legal aid organizations for support with an estimated 1.7 million problems. They will receive only limited or no legal help for more than half of these problems due to a lack of resources.”

https://barbkueber.wordpress.com/2016/10/01/access-to-justice-v-the-rules/

Page 7: Changing Legal Practice and Markets - Penn State Law...Changing Legal Practice and Markets Implications for Legal Education and Innovation at Penn State Law 1. National Transitions

Bar Passage• For-credit class offered to second

semester 3rd year law students, more than 90% of whom enroll

• Free, post-graduation summer course that’s been effective at improving success rates.

• These courses are designed to complement commercial bar preparation courses, and we have seen improvements in pass rates for the Class of 2017 based on July 2017 bar passage: over 92% in PA and over 91% nationally.

Meeting Ethical Obligations to Our Students: Bar Passage and Launching Careers

Career Services• More individualized support

focused on where people want to go and what they want to do

• Comprehensive mentoring program

• Increased support for business, JD Advantage, clerkships, and public sector jobs, and courses to complement those efforts

• Community Fellowship Program• Careers in the Law• Expanded recruitment

Page 8: Changing Legal Practice and Markets - Penn State Law...Changing Legal Practice and Markets Implications for Legal Education and Innovation at Penn State Law 1. National Transitions

• Asynchronous Online Education (World Campus Partnership)– Pilot project — courses for nonlawyers– Courses for interdisciplinary masters programs

• Synchronous Online Education (Katz Building Distance Learning Technology)– Externships Everywhere Program– Continuing education & virtual conferencing– Collaborative international teaching

• Legal-Tech Virtual Lab– Lab to prepare our students for emerging technology in

practice and legal issues around that technology– Collaboration with Communications, EMS, Engineering,

IST, and Educational Technology– Pop-Up Launch Event with Ross Intelligence teaching

students about AI-powered legal research technology

Embracing Opportunities Created by Evolving Technology and Markets

Virtual Conferencing

High-Tech Courtroom

Page 9: Changing Legal Practice and Markets - Penn State Law...Changing Legal Practice and Markets Implications for Legal Education and Innovation at Penn State Law 1. National Transitions

• Leading Major Interdisciplinary Collaborations– Center for Security Research and Education: incorporates 10 Penn State

colleges, schools and research units– Center for Energy Law and Policy: deans representing all PSU disciplines

plus many chancellors and other university leaders collaborating• Building Innovative New Partnerships

– Launching Law, Policy, and Engineering Program– Supporting Veterans Health with College of Nursing– Developing joint degree student support with College of Education– Exploring new College of Health and Human Development partnerships – Co-hiring with College of Medicine– Expanding Street Law in collaboration with Commonwealth campuses

• Integrating Law and Policy into Penn State Strategic Planning

Partnering with Colleges and Campuses in Teaching and Research

Page 10: Changing Legal Practice and Markets - Penn State Law...Changing Legal Practice and Markets Implications for Legal Education and Innovation at Penn State Law 1. National Transitions

Addressing Access to Justice

1. Role of Clinical Innovation –Interdisciplinary and Subject Matter Opportunities

2. Role of Technology – Bridging Geographical Gaps

3. Role of Institutional Leadership –Internal Culture, Intra-University Pipelines, and External Partnerships

Penn State LawUniversity Park, PA

Penn State Campuses

Page 11: Changing Legal Practice and Markets - Penn State Law...Changing Legal Practice and Markets Implications for Legal Education and Innovation at Penn State Law 1. National Transitions

Role of Clinical Innovation Interdisciplinary and Subject Matter Opportunities

• Law-Nursing Veteran Service Partnership

• Embedded Entrepreneurship Assistance and IP Clinics

• Immigration Clinic’s Role in Campus and Community Education

Invent Penn State Launchbox

Immigration Town Hall

Veterans and ServicemembersLegal Clinic

Page 12: Changing Legal Practice and Markets - Penn State Law...Changing Legal Practice and Markets Implications for Legal Education and Innovation at Penn State Law 1. National Transitions

Role of Technology – Bridging Geographical Gaps

Virtual Conferencing

High-Tech Courtroom

• Externships Everywhere

• Internet-Based Remote Videoconferencing in Clinics

• Virtual Conferencing

• Developing new legal-tech through Legal-Tech Virtual Lab as it develops

Page 13: Changing Legal Practice and Markets - Penn State Law...Changing Legal Practice and Markets Implications for Legal Education and Innovation at Penn State Law 1. National Transitions

Role of Institutional Leadership – Internal Culture, Intra-University Pipelines, and External Partnerships

• Institutional Culture – Facilitating Hard Conversations and Innovation

• University Pipelines – Penn State Law’s Role in a Multi-Campus Public Land-Grant University

• External Partnerships – ABA, AALS, SALT, Lawyers and Bar Organizations, Communities, NGOs, Government, Corporations

Partnerships with Campuses

Careers in Law 2017

Page 14: Changing Legal Practice and Markets - Penn State Law...Changing Legal Practice and Markets Implications for Legal Education and Innovation at Penn State Law 1. National Transitions

Changing Legal Practice and MarketsImplications for Legal Education and Innovation at Penn State Law

Penn State Law Blue-White Weekend CLEApril 21, 2018

Dean Hari Osofsky, Penn State Law and School of International Affairs