L21C Book Club: The Citadel

In my non-work time, I’ve been re-reading a novel that I first read many years ago: The Citadel by A.J. Cronin. The Citadel was published in 1937. It was made into a film in the 1930s, and adapted for television several times, most recently in the 1980s.  The Citadel was once a very famous book, but it seems to have faded out of consciousness these days.  I hadn’t thought about it for ages, then I saw it mentioned somewhere by chance and thought “I’d like to read that again.”

I’m glad I did.  It’s a good read.  But more importantly – and the reason for doing a blog post about this book – it turns out that this is a fascinating to read from my point of view now, as a someone who’s part of a profession undergoing great change and examination of its own purpose, ethics, and place in society.

A.J. Cronin was a doctor.  His novel is about a doctor, his fictional alter ego Dr. Andrew Manson.  At the beginning of the novel, Dr. Manson, an idealistic and principled young medical school graduate, arrives in a remote Welsh mining town for his first job.

Andrew Manson works to heal the struggling, proud coal miners and their families.  He gets challenging diagnostic cases and he is brilliant at solving them.  He encounters public health problems – typhoid from a leaking sewer, lung disease from anthracite dust – and he works hard to understand the root causes and solve them, even to the point of taking radical action.  In a memorable scene, he and a friend clandestinely blow up a leaking sewer to force the authorities to fix it.  He is hampered by bureaucratic indifference, and by the ignorance and outdated approaches of some of his fellow doctors.  He doesn’t make much money.  He’s also a bit of a hothead and a prig.  Cronin was too good a writer to make his protagonist an insufferable saint.

Later in the novel, Andrew is seduced by opportunities to make more money and live like his more prosperous doctor friends, who find rich patients and charge them silly money for largely useless treatments.  He becomes, in conventional terms, successful. Cronin portrays this change as a loss of his soul.  And what happens next … you’ll have to read it to find out.

There were many points in the novel that had a new kind of resonance for me, reading it again after years in the legal profession and teaching law.

For example:

  • When Andrew first goes out to practice and work on real cases, the things he learned in the lecture hall at medical school seem like they are from another world.
  • His professional choices are dominated by the tension between personal success and prosperity, on the one hand, and the ideals of his profession and his idealistic desire to serve the public good, on the other. Cronin depicted Andrew’s attraction to material success as a kind of ethical failure, but he didn’t mean it as an indictment of his protagonist as an individual.  He saw the medical system of his time as inevitably (systemically) producing such moral failure.  He said of The Citadel: “I have written … all I feel about the medical profession, its injustices, its hide-bound unscientific stubbornness, its humbug … This is not an attack against individuals, but against a system.”
  • Andrew has virtually no power and no route to dealing with what causes patients to be ill – malnourishment, bad sanitation, dangerous working conditions. All he and other doctors can do is patch things up when people become ill.  They are ambulances at the bottom of the cliff, not a fence at the top of the cliff.

The Citadel was written before there was a National Health Service in the UK.  All doctors were, essentially, small businessmen (they were indeed mostly men).  Every decision about taking a patient necessarily involved a calculation about profit and financial viability, and could not be based solely on the patient’s need or the complexity of the case.

One thing that is fascinating to me about The Citadel, a twentieth-century book, is that these dilemmas are so similar to the ones faced by medical characters in nineteenth-century literature. There are great fictional doctors of previous generations caught in the same conflict between idealism and material success, like George Eliot’s Dr. Lydgate (one of my favourite fictional characters of all time).  I don’t think the central dilemmas for doctors, or their fictional representations, are typically like that now.  But … they still kind of are for lawyers.

The National Health Service was created after the Second World War, in 1948.  The Citadel’s powerful indictment of the ethics of profit-driven medicine is thought to have helped lay the foundation for the creation of the NHS.

This is a fascinating tale for lawyers going through self-examination about their role as professionals, and reflecting on the systemic strengths and weaknesses of our profession.  I recommend it to any L21C partners who have a bit of time for novel-reading after exams are over.  The gender and racial attitudes are … no better than you’d expect from a book published in the 1930s.  But if you can overlook a handful of cringe-making moments of that sort, it’s a book full of humanity and insight, especially for twenty-first century professionals in the process of shaping their professional identities.  It has a lot to say to us.

Bringing Innovation to Law: Think like Elon Musk

  1. Introduction

The legal industry is in need of ideas for change and innovation, and I found just the person to look to.

 

Elon Musk is the founder of SpaceX, and the co-founder of Tesla Motors and SolarCity.

 

With SpaceX, his goal is to make humans a multi-planetary species. In Tesla, his vision, dubbed the ‘Master Plan,’ involves creating a fully electric car that is affordable and can be manufactured at high volumes. Using SolarCity, he plans to create low-cost sustainable energy by harnessing the power of the Sun.

 

iron-man
“Doth mother know you weareth her drapes?” image credits: http://www.wired.com/images_blogs/underwire/2010/04/im_large_660.jpg

Before that, he was the founder of Zip2 and Paypal. The former was a software company that designed online city guides, and the latter is an electronic online payment platform.

 

He is the closest thing to a real life Tony Stark that lives in our time.

 

So how does a man who started his career in software engineering end up being at the forefront in aerospace, automotive, and solar energy? There are many things that lawyers and law students can learn from a man that is attempting to change the landscape of 3 gigantic industries.

 

Here I have offered 2:

  • First Principles Reasoning; and
  • Learning Transfer

 

  1. First Principles Reasoning

Musk describes that one of his core philosophies that guides his method of thinking is called First Principles reasoning.

 

First Principles, Musk describes, is a physics way of looking at the world. You boil things down to its most fundamental principles, stripping away all the assumptions that we have accumulated about the topic, and then reason up from there.

 

He gives an example of a battery pack in an electric car. Historically, a battery pack costs $600 per kilowatt hour. The assumption is that battery packs are expensive. As a car manufacturer, you take that assumption as an unchangeable fact and figured you will just have to integrate that cost into the price of the car.

 

With first principles, a person would attack that assumption. You boil the battery pack down to its fundamental principles and look at what are the material constituents of the battery, how much those materials would cost, and how much it would cost to assemble them into a battery. If you realize that it will actually only cost you $80 per kilowatt hour, you have now changed what everyone else took for as a fact.

 

As law students and lawyers, our challenge is to identify the assumptions built into our legal industry that we had accepted as fact over time.

 

For example, take the cost of legal services. In a 2015 Canadian Lawyer legal fees survey, the average hourly rate of a 10-year call was $360 per hour, and the national average cost of a 5-day trial is $56,439. The assumption is that legal services are expensive, have always been expensive, and will always be expensive.

 

Let’s take a first principles approach. Attack that assumption. Boil down the cost to its fundamental parts, and take a look at what components are no longer needed or can be changed.

 

Take a look at what Axiom Legal did. It realized that a big law firm with a large beautiful office space that is located in a prime location garners prestige, but also attracts a massive overhead. Instead, Axiom has its employees working remotely or onsite with their clients, and the result was that Axiom was able to eliminate 30 percent of a traditional firm’s overhead.

 

Another example is the billable hour. Lawyers have been using the billable hour to charge their clients because it is simple, familiar, and is flexible enough to account for the varying times it can take to work on a file. The assumption is that the billable hour is the best way to charge clients because no better method exists. However, the billable hour is unpredictable for clients because they do not know how much they will be billed for, and this allocates the risk to them.

its-how-weve-always-done-it
image credits: http://stevedigioia.com/blog/wp-content/uploads/2015/12/The-Same-Old-Thinking-e1450563823707.jpg

 

Let’s look at how Hughes Amys LLP has attacked this assumption. Hughes Amys employs an alternative fee arrangement. They use a practice management software to gather data on personal injury files. They looked at the average costs for different claims, the average times it took for these claims to be resolved, and the average awards that were paid out. The firm then presents this data to the client to provide a transparent estimate of how much a flat fee for the month would cost.

 

What other assumptions should we tackle?

 

  1. Learning transfer

Elon Musk has become a leader in many areas of industry such as space exploration, automotive and energy. He is also a leader in many areas of their technology including reusable rockets, self-driving cars, and residential solar roofs.

 

One of the reasons he is so competent in these different areas is because he is very proficient in Learning Transfer. Learning Transfer is a process where you transfer what you learned in one context and apply it to another.

 

Elon Musk is an avid reader and eager learner. According to his brother Kimbal Musk, Elon would read 2 books a day. The books he reads spans multiple disciplines and interest areas, including philosophy, religion, programming, and science fiction. He would also read the biographies of influential figures such as Benjamin Franklin, Albert Einstein, J.E. Gordon, and Howard Hughes.

 

Musk then uses what he learns in one industry and applies it to another. Combined with the first principles approach, Musk would deconstruct a field of study into its fundamental principles, compare and contrast these principles with a second field of study, then reconstruct the lessons learned from the first to the second. He has done this to quickly become proficient in the field of artificial intelligence, physics and engineering.

 

As lawyers and law students, how can we apply learning transfer in our practice?

 

In an essay written by Ben Heineman, William Lee, and David Wilkins titled “Lawyers as Professionals and as Citizens: Key Roles and Responsibilities in the 21st Century,” the essay urges lawyers and students to develop complementary competencies in addition to our core competencies.

 

Our core competencies are things like our basic legal training on the main legal subjects such as contracts, torts and property. It also includes legal skills such as critical thinking, analysis, and issue-spotting.

 

However, with new technology such as the artificial intelligence lawyer ‘ROSS’ that can do legal research on an entire body of law faster than what a human can achieve, including legislation, case law and secondary sources, the contemporary lawyer must possess inter-disciplinary knowledge and skills in order to stay competitive in the market.

jealous-husky

 

This is where learning transfer can be useful in developing our complementary competencies. Complementary competencies are things like cost-benefit analysis, creative and constructive thinking, risk management, negotiation, communication, and value-based decision-making.

 

For example, one of the core competencies we develop in law school is issue-spotting. During an exam we are given a fact pattern and, drawing from the topics we’ve learned in that class, we can determine what legal issues need to be analyzed in that question.

 

Now let’s use learning transfer to apply that skill set to another context: negotiations. The fundamental principle in issue-spotting is being able to identify the ‘triggers’ in the fact pattern that tell you what legal rules will be engaged. You can transfer that fundamental principle to negotiations by learning to identify the key information in each negotiating party to determine how much bargaining power each party possesses.

 

As a student trying to become a 21st century lawyer, who better to learn from than the 21st Century Industrialist? There we go, we got a little bit of learning transfer going on right there.

 

  1. Conclusion

The legal industry is notorious for being very conservative. Clients want more value for their money, and new technological advances are threatening the old ways of doing things. Elon Musk is trying to break the status quo in 3 very large industries, and we can learn a lot from him.

 

As law students and future lawyers, we have the controls to choose the direction our profession takes in the coming years. It’s easy for us to be resistant to change and be protective. After all, it feels personal to us because it is our livelihood. However, this is an excellent opportunity for us to be at the forefont in changing how lawyers do their jobs.

 

Or … we could be like Comcast to Google Fiber and bury our heads in the sand. The choice is ours.

The Road to (Legal) Innovation

First, I would like to start by congratulating the class on the successful completion of the Law Hacks presentations. I thoroughly enjoyed all the presentations which exposed me to some great ideas regarding legal innovation. I am excited to know that at least one of those ideas, Summons, is already on its way to becoming reality; I hope that more follow. As we look towards our future and the innovation of legal practice, there is a caveat to be considered.

In his article “The failure of legal innovation“, Jordan Furlong introduces the readers to the nature of the start-up market. Furlong points out that we live in the age of start-ups, a phenomenon that brings about significant social and economic benefits, but one which is characterized by the risk of failure. For every successful start-up, there are far more failed ones. As Furlong points out, the reason for failure is not always a bad idea, sometimes its bad execution, or worse still, pure bad luck. The point that he is trying to drive home is that there are immense challenges in the way of start-ups, which we got a taste of by getting grilled by the ‘dragons’.

As we learned during the semester, the legal profession is going through a transitional period as we play catch-up with the technological advancements. As much as it scary, it is a good sign that we have chosen the route of innovation rather than extinction.  It is no doubt that the need of the hour is investment in bold and fresh new ideas. However, I would like to add one caveat to this process: know when to stop. As mentioned earlier, a start-up’s failure isn’t always due to a bad idea; there are numerous other variables that account for success. Therefore, it is important to know when to give up on an idea, lest we end up chasing down a rabbit hole.

As part of the first graduating class of L21C at TRU Law, we are well on our way to start contributing meaningfully to the transition. The challenges ahead of us, as lawyers, are greater in way because lawyers don’t like to be told that they have been doing something wrong, especially when they hold considerable power in terms of regulating the practice of law. However, incremental changes by way of resilience will make sure that we come out stronger at the end of every battle. As Furlong said “[o]ne LinkedIn or Uber is worth many pets.com”; let’s keep trying for our LinkedIns and Ubers.

Finally, I would like to thank Professor Sykes for putting this innovative course together and introducing us to the future of our legal careers.

Money Can’t Buy Me Happiness… But It Can Buy Me a Boat

If you were to play a game of phrase association with a group of lawyers (and law students for that matter) and give them the phrase “mental health”, I would posit that many of the answers would deal with clients. You would be likely to hear many things: not criminally responsible, fitness to stand trial, and other job related answers.

The troubling part of this thought experiment is that lawyers (and law students) have a strikingly high occurrence of mental health issues but would be very likely to point to the mental issues of others. As is pointed out in the New York Times article by Douglas Quenqua, lawyers are over three-and-a-half times more likely to suffer from depression. The reasons and causes for this are unknown but oft hypothesized. The fact that getting into law school (I would argue it starts even when trying to get into law school) results in an immediate spike in the likelihood of developing depression is a scary proposition. I’m sure that many students understand that they are getting into a difficult profession and one that involves a great deal of stress.

There is something to be said for the fact that lawyers are among the highest paid professions. There is an allure, a draw, and something to be said for the idea that lawyers get into the profession to make more money than they might in another field. This is possibly done at the expense of some personal relationships and free time. Most lawyers go into the job with open eyes and decide to do it despite the downsides.

Lawyers are often of a certain personality type, and I would argue that this personality type is also the reason why lawyers have a higher risk of depression. They are less likely to admit there may be a problem, less likely to seek treatment because of it, and more likely to continue trigger behaviours that exacerbate depression symptoms (read: stress out and drink). Too often depression is seen as a weakness instead of the chemical imbalance that it truly is. The chemical receptors in the brain that allow you to feel happiness do not connect as frequently in a person that suffers from depression.

Quenqua’s main thesis of his article was that lower paid lawyers reported being happier than the more well paid legal professionals. He states that lawyers in the public sector (public defenders and legal aid lawyers) were more likely to report being happy. The most likely rationale for this disparity between public and private is that private sector lawyers are far more likely to be working longer stressful hours. One aspect of public sector and in-house counsel legal work that is often touted as a recruitment tool is that of work-life balance. While not conclusive I believe this is because the expectations of both hours and “billable” work is reduced. As a corollary, the public service lawyers drank less than their higher income counterparts; as noted earlier, alcohol is a depressant. The alcohol may be a “chicken or the egg” argument; the higher-paid lawyers drink more, thus resulting in more unhappiness, or the unhappiness triggers more drinking.

I also take issue with the program at George Washington university, when attending law school many students are unsure of what sort of practice they will be in when they graduate. This is true of most students and speaks to the variety of legal work out there; however, the other major factor at work is the uncertainty of the job market. Many lawyers report finding a firm that they liked following graduation and the firm having an opening or a need in one field or another and “ended up doing x”. I would suggest that while giving students a taste for all the different opportunities is noble, it may also result in a student getting their heart set on one potential stream (abandoning a more broad course load), come out of school seeking only one type of opportunity, only exacerbating the problem of finding a job after law school.