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Law for Normal People

Originally posted on the d.school’s Whiteboard:
Over this past fellowship year, I’ve run so many workshops and pop-up classes on how to make law more engaging and usable for “normal people”.

People with legal problems or who aren’t highly educated are not alone in this “normal” bucket. People with PhDs, highly paid professionals, even law school graduates fall into this category as well — they want and need legal tools and processes that are built for “normal people”. That’s not to say these people want everything dumbed down. But they don’t want to use an exhausting amount of brain power to just figure out how to get from A to B in the world of law.

No one — except some supernormal lawyers — really enjoys the status quo of densely textual legalese and byzantine process that you must go through to get a legal problem solved.

So now, in the post-workshop phase of my fellowship, I’m sifting through all the findings and putting together patterns that can guide new families of legal product and service design.
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A Legal Design Manifesto

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Kiran Jain, City of Oakland attorney, on Law & Design

Lauren Dyson at Code for America wrote up an interview/discussion with Kiran Jain, an attorney in the City of Oakland who has been trained in design & is leading experiments in civic & legal design in the city.  She’s running workshops, launching projects, and piloting new ideas using the design methods she learned at the California College of Arts.

Here’s the interview with Kiran back in January, which is rich with examples of how design can be married with law for the sake of improved legal & public services for lay people — as well as to improve the work-life of lawyers and government workers.

Kiran Jain (@jainkiranc) is an attorney for the City of Oakland with a background in real estate, technology, and municipal law practice. She was also a 2012 Leading by Design fellow at the California College of the Arts. Kiran has worked to bring citizen-centered design into City Hall by leading a series of cross-departmental workshops in Oakland focused on using lightweight, user-centric design methodologies to rethink a cumbersome government process that affects many city agencies and community members: Special Event Permitting.

Kiran recently joined us for a conversation moderated by Cyd Harrell to share results and learnings of applying human centered design in municipal government. Watch the full video here, and read on below are some condensed highlights from the discussion:

Deputy City Attorney is not the typical job title people think of when they think about a “designer.” How did you come to incorporate design principles into your work?

I came to work at the City of Oakland in 2008, right at the height of foreclosure crisis. I was working in this environment where we had limited resources — but unlimited demand. The whole idea of trying to find another way of thinking about traditional government processes really appealed to me. A friend of mine suggested the fellowship at California College of the Arts (CCA).

After diving deeper, I actually found that there’s a lot of similarities between the fields of law and design. Our legal system is based on a set of rules informed by human experience. Those rules have led to layers and layers of process that we now refer to as our bureaucracy. Over time, I think our bureaucracy has become disconnected from human experience — and the intent and feelings that form that human experience. Through design, I’m hoping that we can get back to that intent, and form fresh policies and processes accordingly.

What did you set out to accomplish with civic design in Oakland?

We brought this civic design process to Oakland about a year ago. At that time, Oakland was experiencing about 20 furlough days a year. We were following that old adage by Winston Churchill, “We are out of money; now it’s time to think.” I looked to the design process as a way to rethink traditional government processes and policies in the time of deep budget cuts.

I wanted to apply the methodologies I learned through my fellowship at CCA to a specific process in Oakland. After initial meetings with different city officials, we decided to focus on special event permits. For any event in Oakland — like the Oakland marathon, a street fair, or the Lunar New Year Bazaar — organizers have to get permission from the City. We chose this process for two reasons: there was a deep interest in improving this process among various stakeholders internally, and it touched many different public agencies, including Police, Fire, Parks and Recreation, Public Works, the City Administrator’s office, and Communications. With all the different agencies that are connected to this process, there are many touch points which can lead to frustration not just for event organizers but also for city employees.

In a nutshell, how did you go about doing it?

We broke it down to three different phases. The first was the pre-workshop research, where we gleaned insights from internal stakeholders within government, as well as, external stakeholders who either organized or attended special events. Then, we went through a co-creation workshop with about 15 city employees based on our pre-workshop research, where we were able to learn more about the process and prototype some ideas and solutions for making this a better experience. The third part is execution — to actually develop some of the ideas or prototypes that we developed from our workshop.

What problems did you identify?

Through our pre-workshop research, including stakeholder interviews and a journey mapping exercise, we identified several pain points with the existing process:

  • The process and costs of permitting was not clear to event organizers or city employees.
  • Different city agency stops made the process more challenging and confusing for organizers. That was also felt internally.
  • Communication between our city agencies was not smooth.
  • When event details changed after the permit approval, it was hard to adjust the cost and services accordingly because the request moves between so many different departments.
  • There was no clear metric around the value of the event for the city

What was so interesting was that the pain points in the process for event organizers were very similar to those for city employees.

What solutions did you prototype?

After synthesizing our pre-research findings, we held a four hour workshop where we invited the City employees who touched this process to come in and do some brainstorming with us. There was a lot of white boards, post-its, markers, and the like. We presented our research to the folks in the room. The group made a decision early on in the workshop to focus on the process first, rather than the policy. As we discussed the research and the process, five main principles emerged:

  • Transparency through process visualization
  • Clearly outlined expectations for all stakeholders
  • Simple and codified forms
  • Consistent messaging
  • Create inclusion through feedback loops in the system

After we established these design principles, we had about an hour where we let people just focus on coming up with ideas that we could prototype. Two of our groups actually came up with a similar idea: the online permit platform. This would be a one stop shop where we collect event information online, complemented by designated intake person from the City to liaison with the event organizers, get all the information needed, and then work with other agencies directly to get permission and fees necessary. The online platform would:

  • Communicate overall reasons for the permit
  • Provide detailed instruction
  • Collect all information needed for each agency
  • Create a feedback loop with agency sign-off points

The team also mapped out the step-by-step intake process that would need to be followed to actually implement this idea.

As a follow up to this workshop, we are evaluating two different technology solutions for the one-stop-shop. What was so interesting with this process is that we actually started with stakeholder needs and are now trying to identify a technology solution — while what typically happens in government settings is that the technology solution is presented to us and we address the process concerns second.

How long did this process take?

A workshop like this can happen in a short amount of time, if designed correctly. We were very mindful of the fact that we were asking people to do something extra in their day at a time when they were working with very limited resources.

 

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Notes on Legal Design

I originally posted these up on the d.school blog The Whiteboard, earlier today.
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Finding & Hiring a Lawyer – how can we redesign this?

I’ve been thinking a lot about Consumer Law Design — meaning, how do we build new products & experiences for lay people who want to get their legal tasks accomplished well. These are the subdomains of Consumer Law that I’ve drawn out — step by step in a linear process.

  1. How to figure out you have a legal task to get done at all
  2. How to put a name on exactly what this task is & why it’s important
  3. How to prepare yourself to know what steps are needed to accomplish it
  4. How to find the resources or advocate that will help you accomplish it
  5. How to actually get the task done, step-by-step
  6. How to evaluate whether you’ve gotten the task done sufficiently (& perhaps also give feedback to the resource-provider or advocate about how the process has been)

Of course not all consumers of law will follow these steps in order, or need help on all 6. But it’s useful to think of the entire possible flow. If you are looking to design a new legal venture, there are many of these steps that are yet to be tackled. If you are already selling consumer law products, then there is a possibility to integrate support for more of these steps along the chain.

Many of the current crop of legal startups are focused on Step 4 — how to find a lawyer to help you get your legal task done. For example, Mary Adkins on the Huffington Post has a new article on the startup Priori Legal which focuses on how to get a consumer a better lawyer. (HT to Umbreen for sending this article along to me.)

Adkins interviews the co-founders of Priori Legal, Basha Rubin & Mirra Levitt, about what their model is & what kind of consumer law model they are looking towards.

Priori Legal

Some themes are echoed here, which have been becoming increasingly clear to me of late. They could be useful to anyone interested in building new legal tech:

  1. The DIY-forms model is not enough. Helping a consumer put forms together is a low-hanging fruit that some companies may do well, but there are many more opportunities for consumer law
  2. Finding a great lawyer to work with is not an easy task online. The website experience is not rich enough with cues, advice, and signals for an average consumer to feel supported or in a trustable environment. Getting a consumer coming to a website to trust a lawyer she meets on the site is a huge hurdle, that companies need to pay a lot of attention to. I have some ideas for experiments in this space — but the general insight is that putting a photo and a name of a lawyer on the site & then saying “trust him” is not enough.
  3. How to balance trust with efficiency? Building trust online is a long process, lots of talking & meeting to make up for the lack of our usual signals that we get in a face-to-face context, when we have more sources of information about whether a potential lawyer is trustworthy enough. But the consumer also wants to just get their legal task done. So how can we get the consumer who is both hesitant to trust and also in a perceived rush to get the task done? Striking this balance, of having a quick & efficient process and also building up trust & supporting the consumer to make quality choices in hiring a lawyer — is going to be a particular challenge.

Now on to the article, and Priori Legal’s approach:

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How does Priori work?

There are already lots of ways to find a lawyer on the internet. Some sites aim for comprehensiveness and produce pages upon pages of results—accuracy notwithstanding. Others are bargain-basement cheap, where you can hire a lawyer for $99.99 without the slightest nod toward quality.

What we’re doing is different than anything else out there. You get a short-list of vetted lawyers and pre-negotiated pricing options at a 25% discount off market rates with fixed fees, where possible, for comparison. Then, after you’ve chosen a lawyer, you schedule a half-hour complimentary phone call through the site. If you decide to work with the lawyer, all payment and billing happens through the site, as well.

Who can use Priori? Your site says “for small businesses,” but what does that mean? Could an artist who is a freelancer use it?

Anyone who wants to talk to a lawyer for a business-related matter. Our lawyers practice in a wide range of areas that service small businesses and can help from a straightforward trademark matter to complex litigation. Which is to say: Freelancers can definitely use it, too. Freelancers encounter many of the same legal issues and questions that small businesses do but often don’t have the time or business infrastructure to handle those issues. We have many lawyers in our network who are extremely interested in working with freelancers—both to resolve legal issues and think more proactively about avoiding future problems.

What kinds of lawyers use it?

Small-practice lawyers with an entrepreneurial, innovative mindset who are passionate about providing high-quality legal counseling to small businesses. We vet all the lawyers we work with through personal interviews and reference checks. It’s certainly no free-for-all. These are people who went to top schools and worked at top firms, but decided they wanted to strip away many of the inefficiencies of big firm practice to offer services and advice to small businesses owners and individuals at competitive rates.

How much does Priori actually save people on legal fees?

Straight math answer: 15%. Priori negotiates a 25% discount with each lawyer on our site, and we take 10% on fixed fees for our Management Fee.

More holistic answer: In our conversations with small businesses, we hear a lot of, “I meant to hire a lawyer to deal with [insert issue here] but I couldn’t find the time and I didn’t know how to go about finding the right lawyer in the first place.” Time is money for small businesses. Our business makes it possible to easily connect with a lawyer saves money down the road.

How is the field of law going to change, and do you envision Priori playing a role in this?

Economic pressure on fees has existed for years now. New technologies–everything from document production services, e-discovery, predictive coding, and services like ours–are changing the way lawyers spend their time, increasing the value of certain legal skills and decreasing the value of others.

Many consumers have noticed the proliferation of do-it-yourself (DIY) document sites, such as LegalZoom. These sites make it easier for consumers to go it alone and not hire a lawyer. Though proceeding without a lawyer is problematic except for the most basic legal issues, these site have already—and will likely continue to—greatly enhance access to the forms required to complete simple legal tasks.

But these kinds of DIY services have barely scratched the surface of how technology is going to change the way consumers find and relate to legal services because they address such a limited swatch of the legal market. Though there may have to be a contraction in the total number of lawyers, many of these technologies mean lawyers can have more control over their practices and be able to spend more time advising clients and less time processing paperwork. We see Priori as very much part of this movement.

Is Priori like the health insurance marketplace for law? Are there tiers named after metals?

Yikes. We hope it’s less confusing!