APRIL 6, 2016

CHICAGO, IL

CHASE BANK AUDITORIUM

The Future Is Now: Legal Services 2.016 is bringing together lawyers to consider and discuss innovations in the delivery of legal services. Co-sponsored by the American Bar Association Commission on the Future of Legal Services, the Illinois State Bar Association, the Chicago Bar Association, the Women’s Bar Association of Illinois, and the Illinois Supreme Court Commission on Professionalism, this conference is designed to foster learning, inspiration and conversations that matter.

UNDERSTANDING THE NEW NORMAL OF LEGAL SERVICES

The ways in which legal services are being delivered are evolving like never before. Technology is providing new ways of communicating, collaborating, and organizing our work, highlighting the shortcomings of the traditional model that fail to meet the needs of a significant portion of society. Underserved populations are growing in number.

Many people seek legal representation on terms other than the typical in-person model. Alternatives are readily available, fueled in large part by advanced technology. In addition, those without JDs increasingly operate in the space that previously was the exclusive province of lawyers. Clearly, there’s a new normal in our profession. To adapt and thrive, we need to think like true innovators.

Many are in agreement that the more efficient delivery of legal services is, it is a win-win for everyone—attorneys and clients alike. How we get there is the topic of this critical industry conference.

ABOUT THE FUTURE IS NOW: LEGAL SERVICES 2.016

ABOUT

THE FUTURE IS NOW 2.016

DEFINING THE PATH

During this essential and insightful forum, legal experts will present a series of compelling talks about where our profession is headed. Some topics of discussion include:

u New approaches to improving access to legal representation for the underserved

u How to uphold professionalism in changing times

u Exploring a new model of attorney regulation

u Understanding the role of paraprofessionals with a limited legal license

u How technology is transforming the delivery of legal services

This conference is a town-hall meeting of legal practitioners who will have the opportunity to gain new perspectives, ask questions and join in multiple discussions. What business strategies are working for others in our profession? How can we better serve our clients? How are different countries responding to changing legal models? How can lawyers not only survive but thrive in this new climate?

OVERVIEW 2:00pm

Call to Order Moderator: J. Timothy Eaton

Welcome: The Future Is Now Chief Justice Rita Garman

Process & Objectives Moderator: J. Timothy Eaton

TALKS 2:10pm

Access to Justice and Technology in Illinois in 2016 Ronald Staudt

The Winds of Change in Criminal Law Vincent Cornelius

How Technology and Business Strategies are Transforming the Delivery of Legal Services Thomas Lysaught

Limited License Legal Technicians: A New Delivery System for Legal Services Paula Littlewood

TOWN HALL MEETING

Write Questions Moderator: J. Timothy Eaton

Participants’ & Speakers’ Dialogue Moderator: J. Timothy Eaton

TALKS 3:45pm

Increasing Access —A New Model for Law Chas Rampenthal

Bringing the Law to the Living Room Ed Scanlan

Proactive Management Based Regulation: Will it Ever Happen in Illinois? James Grogan

Awakening Our Call to Service Jayne Reardon

TOWN HALL MEETING

Write Questions Moderator: J. Timothy Eaton

Participants’ & Speakers’ Dialogue Moderator: J. Timothy Eaton

RECEPTION 5:15 - 6:15pm

Continue the Conversation Participants and Speakers

SCHEDULE

THE FUTURE IS NOW 2.016

Chief Justice, Illinois Supreme Court

Chief Justice Garman began her practice of law in 1968 with the Vermilion County Legal Aid Society. Later, she became an assistant state’s attorney and, in 1973, entered private practice in Danville. In 1974, she was appointed associate circuit judge for the Fifth Circuit. After 12 years in this position, she

was elected circuit judge, and from 1987 to 1995, she was the presiding judge of Vermilion County. She was appointed in 1995 and elected in 1996 to the Fourth District Appellate Court. Justice Garman was appointed to the Illinois Supreme Court in 2001 and elected in 2002. In 2012, she was retained for a second term. She was sworn in as chief justice on October 28, 2013. She has received numerous awards including the Harold Sullivan Award for Judicial Excellence from the Illinois Judges Association in 2011 and the Spirit of Lincoln Award from the Abraham Lincoln Association in 2014.

CHIEF JUSTICE RITA GARMAN

Partner, Taft Stettinius & Hollister LLP

Tim is a senior litigation partner at the law firm of Taft Stettinius & Hollister LLP in Chicago, concentrating in commercial and appellate litigation and arbitrations. He began his legal career as a law clerk to Chief Justice Joseph H. Goldenhersh of the Illinois Supreme Court, and went on to serve as

President of the Illinois State Bar Association, the Chicago Bar Association, and the Illinois Appellate Lawyers Association. He also was the founding Editor in Chief of the Appellate Law Review and served as a member of the ABA Standing Committee on Amicus Curiae Briefs. Currently, he serves as a Director of the Federal Bar Association, acts as Fellow of the College of Commercial Arbitrators and American Academy of Appellate Lawyers, and is a member of the Board of Governors of the Seventh Circuit Bar Association. In August 2016, he will also become a member of the American Bar Association Board of Governors.

J. TIMOTHY EATON

A LOOK AT TODAY’S TALKS + SPEAKERS

ACCESS TO JUSTICE AND TECHNOLOGY IN ILLINOIS 2016

Ronald Staudt, Director, Center for Access to Justice and Technology at IIT Chicago-Kent College of Law

The civil justice system in the United States fails to meet the needs of its most vulnerable and needy customers. Consider these statistics: The civil legal needs of roughly 80% of low-income and 60% to 70% of middle-income people are not being met. What’s more, tens of millions of people are evicted from their homes, lose custody of their children, and pay unnecessary fines while facing a legal system that they don’t understand and can’t navigate. Illinois is consistent with this national picture. The good news is that technology is helping to put a small dent in this problem. Since 2001, Illinois Legal Aid Online has successfully used technology in innovative ways to increase access to justice by streamlining the delivery of free and pro bono legal services and providing easy-to-understand legal information and assistance to the public. The Legal Services Corporation has set a new goal: to use technology to provide “some form of effective assistance to 100% of persons otherwise unable to afford an attorney for dealing with essential civil legal needs.” To achieve these goals, we must continue to lead and innovate. Illinois requires investment, collaboration and the courage to embrace an exciting and uncertain new legal landscape.

Director, Center for Access to Justice and Technology at IIT Chicago-Kent College of Law

A professor of law, Ron directs the Center for Access to Justice and Technology (CAJT), a law center at IIT Chicago-Kent College of Law dedicated to using Internet resources to improve access to justice. Ron’s experience includes serving as a fellow, board

member, and president of the College of Law Practice Management. He has held positions on numerous boards and committees created to promote technology solutions to access justice problems. These include the ABA’s E-Lawyering Task Force, Law Help Interactive’s advisory board, the ABA Standing Committee on the Delivery of Legal Services, the Chicago Bar Foundation’s Justice Entrepreneurs Project and its Pro Se Advisory Committee, the ABA Legal Access Job Corps Task Force, and the ABA Commission on the Future of Legal Services.

RONALD STAUDT

THE FUTURE IS NOW 2.016

THE WINDS OF CHANGE IN CRIMINAL LAW

Vincent Cornelius, Principal, Cornelius Law

It is widely believed that the criminal justice system in America is built on a broken business model. For decades, the system has been very much constrained by a bend toward incarceration and a struggle to grasp the holistic importance of treatment, rehabilitation, and restoration. Recent developments, however, suggest that we are beginning to embrace a new paradigm. The United States now has a Drug Czar who is neither enamored with the title nor married to the failed policies of the past several decades. Courts are embracing more progressive methods for dealing with the criminal defendant through specialty courts that redeploy resources to rehabilitate and restore nonviolent defendants. The promise of more progressive policies and courts serves everyone by recognizing the wisdom of addressing the criminal defendant as an individual worthy of an opportunity to modify his behavior, address his addiction or mental illness, and even address the criminal mindset, with the very funds that would otherwise be used to simply incarcerate him. Ultimately, our nation will be the beneficiary of such shifts of resources away from warehousing the problem in prisons to functioning as an agent of change.

Principal, Cornelius Law

Vincent began his law career in 1989, serving as a felony prosecutor in the DuPage County State’s Attorney’s Office. Prior to establishing his own trial practice in 1994, Vincent was an associate attorney with the Chicago law firm, James D. Montgomery and Associates. In this position, he practiced in the

areas of civil and criminal litigation, including municipal law, civil rights, personal injury, medical malpractice, and criminal defense. Vincent served as president of the Illinois Bar Foundation from 2008-2010 and is currently the president-elect of the Illinois State Bar Association.

VINCENT CORNELIUS

A LOOK AT TODAY’S TALKS + SPEAKERS

HOW TECHNOLOGY AND BUSINESS STRATEGIES ARE TRANSFORMING

THE DELIVERY OF LEGAL SERVICES

Thomas Lysaught, Legal Operations Partner, Hickey Smith

The practice of law is not only a profession, it’s a business. Broadly characterized as the legal service industry, it faces many of the same challenges and opportunities confronting other industries. For example, the legal industry is now under ever-increasing pressure from its clients to enhance the value of what it provides, which essentially translates to reducing the cost of legal services. Innovative legal professionals are now implementing many of the same cost-reducing strategies employed by other industries, from process improvement initiatives to technological innovations to outsourcing specific work to third-party specialists. These pioneering legal professionals, while they may be small in number, are a growing minority, and are succeeding in transforming the legal services industry.

Legal Operations Partner, Hickey Smith

In his role at Hickey Smith, Thomas is responsible for managing the firm’s global operations, including client service and satisfaction, staffing, performance management and training, workflow, and organizational planning. Prior to joining the firm, Thomas held a number of executive

management roles in the commercial insurance claims industry, most recently as senior vice president of liability claims for Zurich North America. He has a keen understanding of how law firms can improve quality, reduce costs, and better align with their clients’ business expectations and needs, thereby enhancing their client value proposition and competitive position in the legal service marketplace.

THOMAS LYSAUGHT

THE FUTURE IS NOW 2.016

LIMITED LICENSE LEGAL TECHNICIANS (LLLTS): A NEW DELIVERY

SYSTEM FOR LEGAL SERVICES

Paula Littlewood, Executive Director, Washington State Bar Association (WSBA)

Traditionally, providing legal services in this country has been the sole province of lawyers. In recent years, however, trends such as a changing lawyer demographic, the evolving nature of clients, and the increased impact of technology on our work are raising questions about the ability of conventional practice models to meet current needs. As consumer demand increases, new models for the delivery of legal services are emerging. In June 2012, the Washington Supreme Court adopted Admission and Practice Rule 28, creating the first limited license practitioner in the United States. The first LLLTs were licensed in the summer of 2015 in the area of family law and started providing services to the public upon licensure. It is important for the public and all components of the legal and judicial arenas to understand the training, education, scope of practice, and rules and regulations that the LLLTs are governed by in order to maximize their positive impact on providing legal services.

Executive Director, Washington State Bar Association (WSBA)

Paula Littlewood joined the WSBA staff as deputy director in 2003 and went on to assume the role of executive director in 2007. She is a member of the Executive Committee of the University of Washington School of Law’s Leadership Council as

well as the International Institute of Law Association Executives (IILACE) Executive Committee. Recently, Paula served as a member of the American Bar Association’s Task Force on the Future of Legal Education. She is currently serving on the ABA’s Commission on the Future of Legal Services, co-chairing its Regulatory Opportunities Subcommittee.

PAULA LITTLEWOOD

A LOOK AT TODAY’S TALKS + SPEAKERS

INCREASING ACCESS—A NEW MODEL FOR LAW

Chas Rampenthal, General Counsel, LegalZoom

According to former president of the American Bar Association, William Hubbard, the legal profession “must develop a new model to meet the needs of the underserved.” For many years, our profession has paid mostly lip service to addressing the needs of the middle class and small business consumers. Attempts to evolve the traditional model of delivery have fallen short of the mark and a truly “new” model of delivery has never taken root. Let us take up the gauntlet thrown down by President Hubbard and imagine a law firm that is designed to meet this need. What will the future of law need to be? And how must our profession change if we truly want to serve these forgotten consumers?

General Counsel, LegalZoom

As general counsel at LegalZoom, Chas manages the company’s legal functions and oversees all legal initiatives for product quality, research and development, and new markets. Chas’s previous experience includes launching EndeavorLegal, a Boston-based start-up law firm, and working as an

associate, both at Testa Hurwitz & Thibeault in Boston and at Thelen Reid & Priest in Los Angeles. A prolific speaker on legal regulatory issues, Chas penned a regular column for Inc. Magazine Online and co-hosted Legally Bound, a Los Angeles-based talk radio program focusing on current legal events and issues. A member of the California and Massachusetts bars, he is also qualified as a solicitor in the United Kingdom.

CHAS RAMPENTHAL

THE FUTURE IS NOW 2.016

BRINGING THE LAW TO THE LIVING ROOM

Ed Scanlan, CEO, UpRight Law

Denise Stanton, a single mother of two children, lost her husband to cancer two years ago. She is inundated with medical bills from her deceased husband’s treatment. Furthermore, her six-year-old son, Jon, is disabled and needs regular home health care and medications. Despite working full-time, Denise doesn’t have enough money between her paycheck and Social Security income to cover all of her monthly expenses. Although she’s considered consulting a lawyer, she doesn’t know where to look. Denise is similar to many other middle- or low-income American families in desperate need of legal assistance who either don’t know their rights, can’t take time off from work to visit a lawyer, can’t arrange child care, or are simply intimidated by the prospect of hiring a lawyer. If lawyers are willing to tap the capacities of technology and the services of non-lawyer employees, we can make quality, affordable legal services available to the Denises of this world. Literally, we can deliver the legal help Denise needs to turn her life around directly to her living room, and we can do it in ways that are positive and productive for lawyers.

CEO, UpRight Law

Ed is a technology entrepreneur and the CEO of UpRight Law, a nationwide virtual law practice with a mission to increase access to affordable justice through web and mobile technology. In 2002, he founded Total Attorneys in his Chicago apartment, a company that went on to list twice on the INC. 500 and Crain’s

Chicago Business Fast 50 lists. Over his 15-year career, Ed has been inducted into the Chicagoland Entrepreneurship Hall of Fame, was listed in Crain’s Chicago Business: 40 under 40, named Collegiate Entrepreneurs’ Organization’s Young CEO of the Year, and was a Midwest finalist for the Ernst and Young Entrepreneur of the Year Award. Under his leadership, his teams have used online technologies to expand access to the justice system and have passionately helped more than a million consumers connect with legal representation.

ED SCANLAN

A LOOK AT TODAY’S TALKS + SPEAKERS

PROACTIVE MANAGEMENT BASED REGULATION: WILL IT EVER HAPPEN

IN ILLINOIS?

James Grogan, Deputy Administrator and Chief Counsel, Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois (ARDC)

The traditional approach to attorney regulation in this country has been a reactive, rather than a proactive, one. Lawyers are subject to discipline if their conduct fails to comply with the Model Rules of Professional Conduct outlined by the American Bar Association. Proactive Management Based Regulation (PMBR), on the other hand, contemplates a significantly different and dynamic approach to attorney regulation. Under a PMBR model, lawyers in private practice must establish mechanisms and protocols to avoid the filing of disciplinary grievances and malpractice claims. Essentially, lawyers must adopt a common sense business model to avoid practice problems. Lawyer regulators throughout the country are monitoring the practice of PMBR in Australia and England to determine the answer to a basic question: Can PMBR be successfully adopted here?

Deputy Administrator and Chief Counsel, Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois (ARDC)

For more than 35 years, Jim has investigated and prosecuted hundreds of charges of lawyer misconduct and has argued dozens of disciplinary cases in the Supreme Court of Illinois. He has played a significant

role in developing the rules of conduct that govern Illinois lawyers and is regularly consulted on professional responsibility issues by lawyers both within and outside the field. Over the course of his career, Jim has taught legal ethics, first at the DePaul University College of Law and then at the Loyola University of Chicago School of Law, where he is currently an adjunct professor. He has presented hundreds of speeches, lectures, and workshops on professional responsibility and lawyer regulation topics to law firms, bar associations, corporations, and judicial and governmental groups and agencies.

JAMES GROGAN

THE FUTURE IS NOW 2.016

AWAKENING OUR CALL TO SERVICE

Jayne Reardon, Executive Director, Illinois Supreme Court Commission on Professionalism

Most lawyers choose their career in answer to a higher calling. We were drawn to the structure of the law as a way to make the world a better place. By learning the law, we would give voice to the voiceless, defend the defenseless. We would unravel complex bureaucratic procedures for our clients. We would find great purpose and meaning in our work. As laws and procedures have become more complex, familiar signposts have become obscured. We communicate, investigate, research, and manage work in new ways. Legal tasks are being handled by those without a JD and by automated systems. No doubt technology is changing the profession and raising questions: How do we use technology and innovation to better serve our clients? To better serve justice? Will we be able to earn a livelihood in this shifting paradigm? Because of these changes, professionalism is more important than ever. Professionalism is what distinguishes law as a profession rather than as a business motivated solely to maximize profits from the sale of legal services. Professionalism is the foundation of the public’s confidence in the legal system and the source of a deeper meaning that called us to this career.

Executive Director, Illinois Supreme Court Commission on Professionalism

As Executive Director of the Commission, Jayne oversees programs and initiatives to increase the civility and professionalism of attorneys and judges while promoting increased service to the public. She developed a statewide Lawyer-to-Lawyer Mentoring

Program and an interactive digital and social media platform. Her previous experience includes working as a trial lawyer in Chicago at Wildman, Harrold, Allen & Dixon and Kelley Drye & Warren and as counsel to the Illinois Attorney Registration and Disciplinary Commission Review Board. She is Chair of the ABA Standing Committee on Professionalism and a prolific writer and speaker on professionalism issues.

JAYNE REARDON

ABOUT THE CO-SPONSORS

THE FUTURE IS NOW 2.016

Founded in 1874, The Chicago Bar Association is one of the oldest and most active metropolitan bar associations in the United States. The Association’s voluntary membership of 22,000 consists largely of lawyers and judges from Cook County and the State of Illinois. However, the Association does have a growing out-of-state membership of lawyers who want to take advantage of its many membership services and benefits.

Founded in 1877, the Illinois State Bar Association is the premier legal association in the state. As a voluntary organization of more than 30,000 members, the Association’s primary focus is to assist Illinois lawyers in the practice of law and to promote improvements in the administration of justice. The Association engages in many important activities on behalf of the profession, among them proposing and shaping legislation, educating the public, and supporting the courts and the rule of law.

The Commission on the Future of Legal Services was established by the American Bar Association to help inspire innovation, leverage technology, encourage new models for regulating legal services and educating tomorrow’s legal professionals, and foster the development of financially viable models for delivering legal services that meet the public’s needs.

The Women’s Bar Association of Illinois is the only statewide bar association for women in Illinois. Its members include partners and associates of large, medium, and small firms, sole practitioners, law professors, judges, political icons, public servants and in-house counsel. The WBAI serves as an influential voice that promotes and lobbies the interests of all women through its active involvement with legislative initiatives and public policy.

The Illinois Supreme Court Commission on Professionalism was established to promote among the lawyers and judges of Illinois principles of integrity, professionalism and civility. It was also established to foster commitment to the elimination of bias and divisiveness within the legal and judicial systems, and to ensure that those systems provide equitable, effective and efficient resolution of problems and disputes for the people of Illinois.

TOGETHER WE WILL FORGE A BRIGHT FUTURE. LET’S EXTEND THE CONVERSATION.

#TheFutureIsNow