The other side of the fence
Why it's important for lawyers to understand what happens beyond your Jurisdiction
System thinkers (like me) contemplate systemic issues within their purview as a matter of second nature. Of course, this view will inevitably expand and overlap as we seek to make sense of not only what we are seeing, but how it comes about.
We are all about going down the rabbit hole, it is involuntary with the best of us. When we’re done digging we can almost always source some valuable depth to the information by contextualizing it and applying it to the desired output (report, conversation, meeting or otherwise). We are often the most versatile because these set of skills and natural capacities are as useful as the information (quantitative and qualitative) available to us.
However, almost always this capacity is slowed due to a lack of information and sense making tools.
So, why am I sharing this? 🤔
Well, hopefully it gives you a little more information about how I think and work (as I discover different ways to describe it for myself and others) but also because we live in a time where information and tools are now in abundance.
Now on to the point of this weeks post!
The Fallacy of Jurisdictions in Law 😱
A potentially controversial heading but very relevant to the business of law, let me explain…
Of course for standardization, regulatory processes and the healthy functioning of a community we establish a set of rules that we abide by and maintain. For the rule of law to be upheld and Courts to hold their function in societies, we have a set of laws agreed upon by the governing processes in that Jurisdiction.
Here’s the interesting part: the Business of Law and Technology are emergent phenomena.
I hear you say: from where?
The answer: from wherever they are able to cultivate and grow.
Side note: this is one reason it is so important for The Regulator to play a proactive role rather than a reactive and restrictive role in the practice conditions for lawyers.
So, if you set your benchmark for innovation and change as a lawyer against your regulatory environment - you will be marred by the slow, resistive pace in your market, among peers who are all waiting for better conditions to revolutionize the way they would do business. This is while you struggle to maintain your current work output based on those very market conditions.
At the same time, somewhere else in the world there is spark of synergy between the Market and the Regulators, LegalTech and even the Institutions allowing for new opportunities, new processes and technologies to cultivate and grow.
How do you know if the grass is greener? 🌱
It’s important to understand that the Legal Fraternity is largely self-regulated in most jurisdictions and the role is generally reserved for those who’ve spent a large portion of time practicing in that environment.
So, what is the “fallacy” of Jurisdictions?
Let’s go back to systems thinking. If I can understand how my jurisdiction functions as a system, then go and compare it to other jurisdictions - there is a natural process of comparison which leads to creative conversations about:
What is being done well?
How do the differences affect the Market?
How would it look if we took positive elements from both and applied them?
What impact would this broader purview have on the lawyers from each jurisdiction?
And perhaps a significant question:
What happens when lawyers have the ability to process information and tools to collaborate across jurisdictions?
Traditionally this was left to multi and trans-national firms who would have offices in different locations. The focus was not on rule-sets but rather how one brand can play in multiple playgrounds. This was a large task and a slow growth option as relationships had to be established, deals made, brand and policy homogenized, human resources added and the work had to be worth the expansion. It was also a solely commercial endeavor and had little to do with sustainability and social impact.
Why is it important to look over the fence? 🔍
The fallacy of jurisdictions start to become apparent once we are left to deal with global issues using tools and models which allow us to be distributed, potentially decentralized and collaborative between multiple jurisdictions.
I’m not referring to International Law.
This is lawyers coming together with legal knowledge and expertise, collaborating to build centralized global information which is then used locally. Its use locally within a system globally creates an identity beyond jurisdiction.
From this vantage point lawyers and system-thinkers can play in a space that is on the one hand removed from any one jurisdiction, yet applicable to many jurisdictions. We can see the patterns that emerge and generate solutions and drive massive value in dealing with issues that affect all. Ultimately we (lawyers and system-thinkers) are drivers of systemic change whether we are conscious of it or not.
Hasn’t this global pandemic and subsequent social issues shown us that we are connected?
Doesn’t the real power lie in the lawyer who is able to take their skill set and knowledge and do what they swore oath to, Advocate?
Would that oath to advocate for the people change from jurisdiction to jurisdiction?
Isn’t a problem somewhere potentially a problem elsewhere?
We must recognize how intrinsically linked our system is economically and financially. We have global systems of finance and that dance is done largely outside of public view. We have global systems of communication (one of the tools that allows system thinkers to see the big picture) that we benefit from professionally and personally everyday.
We must then also extend an environment where there is global information for lawyers to work across jurisdictions with each other and within their own.
Where this leads? I can only guess - but being involved on the fringe of this is a surefire way to find out first.
Global Covid Policy Response 🌐
I have the privilege of contributing as an advisor to this amazing project. This project is for all system thinkers and lawyers (and students) who have recognised our connectedness and want to be involved in emergent systems. The capabilities of this project and the people that are contributing is awe-inspiring. It serves as proof for what the foundations of system change can look like and how that change organically emerges from its collaborators.
Law students who want exposure to international dynamics of policy driven by law, Organisations who are pushing our legal and political systems into the future, Lawyers, Law firms and system-thinkers who want to be part of emergent systems, I want you to join the collective!
As always, the future of law is in our hands 🔥
Q.
Photo by Max Böhme on Unsplash