The following was published on January 1, 2021 at Postindustrial, under the headline “Let’s expand what it means to be ‘a Pittsburgher.’” It is Pittsblog-ish content. What does that mean? I explained earlier, here. There is more Pittsblog-ish content to come. Happy New Year.
By Michael Madison
What if the future of Pittsburgh did not ritually invoke the historical sweat equity of steelworkers and their wives and children?
What if the future of Pittsburgh did not hinge on the assumption that Downtown Pittsburgh is destined always to center and anchor the region, economically or culturally?
The following was published last month at Postindustrial, in print and online, under the headline “Imagining a future Pittsburgh for all: Creating a thriving postindustrial economy means moving past a region of our imagination.” It is Pittsblog-ish content. What does that mean? I explained earlier, here. There is more Pittsblog-ish content to come.
By Mike Madison
Pittsburgh’s public sphere has no shortage of great, idealistic, ambitious goals for a new, 21st century, now post-pandemic Pittsburgh: equity, inclusion, wealth, happiness, opportunity, effective governance, a clean environment, a sustainable resource base, health and education for all.
Almost no effort goes into how we’re going to get from here to there, or anywhere else.
Begin here. Then read this.
Despite the many flaws of law schools today, and despite naivete, ignorance, and obstinacy on the parts of schools, faculty, law firms, and practicing lawyers, I’m optimistic about the future. Why? Because I look at the large number of things in flux today, even looking only and specifically at law practice and legal education, and my story-oriented interpretation is that somethings (plural) are starting to shake loose. The scriptwriters, as they say, have given us a lot of plot points to chew on. There is evidence of instability, in small and maybe large respects, and the instability is resonating more powerfully than it has in the past. My optimism is intuitive: I’m optimistic that we may be able to decipher the instability, decode its sources and anticipate its payoffs, and plan and respond to it in ways that eventually produce great results. Like Westley and Buttercup in The Princess Bride, we may get through the Fire Swamp.
Evolutionary (or adaptive) professionalism.
Technological change, shifting financial markets, expanding and contracting labor markets, fluid trade patterns – the legal profession has seen these before, and it’s seeing related things now. The values and principles that define law, lawyers, and the profession are durable and transcend the details of specific organizational forms and educational pathways. Law schools today and law practice organizations should steer into the skid, so to speak, as they have learned to do in the past. That means accommodating new technologies and modes of education and practice into well-established pathways to professional excellence and community and client service. Innovation and disruption will come, as they should, but they lead to legal worlds that look slightly different tomorrow compared to how they look today.
If that’s your story of law and legal education, then its central strategic implication is pretty simple. You don’t need to do much except carry on, ride out the tough times and celebrate the good times. There is little need to lead. Be as distinctive as you must to maintain your competitive position. But in the spirit of E.M. Forster, only respond.
This is the third and final installment of a response to a recent Forbes.com essay from Mark Cohen about the present and future and future of legal education. Mark’s essay is “Post-Pandemic Legal Education.” I posted a quick hot take as Legal Education’s Waterloo, dove in more deeply with Legal Education’s Waterloo: Urgency, and jumped to the end of the story in Legal Education’s Waterloo: The End Game. This is the promised middle piece, on mechanics of getting wherever we are now to wherever it is that we might end up. If you’re willing to focus on the big picture and on how the big picture influences the smaller things (such as: what should I be doing right now?), then this is probably the most important of the three.
It’s so important, at least to me, that it’s longer than either of the first two installments. Much longer. I had to break it into three parts of its own. This is the first.
TL/DR version: Strap in. Change is going to be messy, maybe ugly, and no one has a game plan for it or for you – practitioners, judges, academics, students and new graduates, entrepreneurs. Least of all me. It’s like the fire swamp, from The Princess Bride. Survive it? You’re only skeptical because no one ever has.
Here is the case that I’ve made so far: