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Design Thinking in Legal Practice Management
Abstract
What if law offices ran more like creative communications firms? Sure, there would be a few glitches to get over—like abandoning the traditional leverage-the-low-cost-talent model in favor of a more collaborative use of billable hours—but this writer thinks a little design thinking would benefit the legal profession.
... It illustrates this through a case study of a design cycle run by Baker McKenzie to drive innovation. It is part of a shortlist of innovation techniques, methods, and priorities that law firms consider, along with legal technology, process management, agile development, data analytics, and blockchain (Lippe, 2013;"Legal design wtf?" 2018;Szabo, 2010). ...
Los métodos de diseño e innovación se han extendido por el sistema jurídico como herramientas prometedoras para reimaginar cómo se prestan los servicios, se realizan las comunicaciones y se estructuran los modelos de negocio. Este artículo explora cómo los métodos de pensamiento de diseño pueden introducirse en un bufete de abogados tradicional, como Baker McKenzie, mediante una mezcla de formación en diseño, sprints de innovación y concursos de ideas. El estudio de caso muestra cómo los métodos de pensamiento de diseño deben ajustarse para su aplicación adecuada en una firma de abogados. Los requisitos de horas facturables, la jerarquía organizativa y las obligaciones profesionales pueden socavar el trabajo de diseño. Una primera ronda de diseño puede convertirse en una bola de nieve con más sprints, años sabáticos e inversiones para aumentar la capacidad de los abogados y el desarrollo de la innovación.
... In the last few years, owing to the popularity of Design Thinking, a human centered approach to design has been adopted in the practice of Legal Design. 43,44,45,46,47 The deployment of Legal Communications Design in the legal practice set a solid foundation for a transition to a digital legal society. ...
In this paper, we propose a new approach to Legal Design. Such an integrative conceptual approach is necessary to address the complexity of the legal system and its multidimensional challenges through several sense-making lenses and explanatory frameworks. As society moves from consumption and recently communication into digitalization. As a multi-lens approach, a Legal Design framework theory may leverage from different disciplines in order to propose a robust theoretical foundation that helps to make sense of the experience and practice of Legal Design. In order to foster the academic discussion, we propose some theories from which a framework theory could be built on namely (i) autopoietic systems (Maturana/Varela 1980) (ii) social systems theory from Luhmann (1990) and (iii) autoreferential systems theory by Iba (2010) and (iv) Design theory by (Mckim 1959). Our new approach to legal theory focuses on the emergence of socio-legal change from the interaction between psychic, socio-legal and creative systems while proposing Legal Design as a network to facilitate the structural coupling of these systems. Legal Design as a network requires media in the form of conceptual models and frameworks to support the practice of legal design. To exemplify this media, the paper leverages a Design research model: The Dimensions of Engagement model for radical innovation breaks (Edelman 2011, 2012). The discussion we aim to promote is which theories can provide the foundations of a framework theory of Legal Design to address the emergence of change in the digital legal society.
... It is outlined as a required skill for management executives and therefore relevant for management education (Dunne and Martin, 2006). Scholars recommend the use of design thinking in different fields such as health care (Uehira and Kay, 2009), the law (Szabo, 2010), and human resources (Birchall-Spencer, 2010). With a special focus on service organizations, service design thinking represents a different body of research (Holmlid and Evenson, 2008;Kimbell, 2011Kimbell, , 2012Stickdorn and Schneider, 2011). ...
In the last decade, design thinking has been discussed as a new paradigm for dealing with complex business problems. The implementation of design thinking is linked with substantial changes in the organizational culture, and becomes visible in new approaches to designing office and learning spaces. To analyze proponents’ perspectives on the implementation process, we adapted Schein’s (1990, 2017) approach of different layers of an organizational culture. In general, two layers in an organization are addressed, namely visible artifacts and behaviors, as well as basic principles to think about approaches to deal with business problems (mindset). In total, eight semi-structured expert interviews were conducted with proponents to learn more about the implementation of design thinking and the architecture of related office spaces. The findings suggest that design thinking addresses both aspects—the provision and inner design of physical space as well as a change of mindset.
... The demand for these diverse and adaptable problem solving skills has led to a vast and disparate body of research with a wide range of proposed solutions [6][7][8]. Design thinking is one framework for complex problem solving applied widely by various disciplines and recently emerging within healthcare [9][10][11][12][13][14][15][16][17][18][19][20][21]. ...
Background
Design thinking is a problem-solving framework that has been used to enhance patient experiences, improve clinical outcomes, and refine medical curricula. This study reviewed the use of design thinking in health professions education.
Methods
A search yielded 169 articles, which were excluded if they were: (1) not related to education; (2) lacking an application of design thinking; or (3) not associated with healthcare. The final review yielded 15 articles, which were analyzed using qualitative methods.
Results
All articles were published in 2009 or later and were diverse in their context, participants, and approach. Six studies emphasized the early stages of design thinking, with inspiration and ideation stages fostered through a variety of activities, such as lectures, small group discussions, and workshops. Studies examined a range of outcomes, including self-efficacy, perceptions, and solutions to a specific problem.
Conclusions
Our findings raise important considerations for health professions education, including the extent to which we should: 1) teach design thinking to students as a skill-based tool to prepare students for problem solving in complex healthcare environments; and 2) use design thinking to create, implement, and refine health professions curricula and educational programs. Despite the apparent benefits of design thinking, many questions for health professions education remain.
Electronic supplementary material
The online version of this article (10.1186/s12909-019-1528-8) contains supplementary material, which is available to authorized users.
... .), zdravstvene ustanove(Uehira i Kay, 2009.), upravljanje odvjetni kim uredima(Szabo, 2010.), i upravljanje ljudskim potencijalima (Johansson-Skoldberg i sur., 2013.). ...
Full text: https://hrcak.srce.hr/170203
Previous research emphasizes the need for entrepreneurs’ training on how to better understand customers and how to respond on their ever changing needs. Literature has identified design thinking as a useful approach to solve such issues and to foster innovation. However, there is still significant misunderstanding of design thinking concept, both from theoretical and practical point of view, therefore, the aim of this paper
is to provide historical overview of design thinking development with emphasis on its application in contemporary business practice. Moreover, paper elaborates on design thinking as mindset, processes and toolbox which are most frequently used in contemporary business practice. Design thinking literature is also focused on solving wicked problems where design thinking represents one of the key skills which managers and entrepreneurs need to posses in order to solve these kinds of highly complex problems. Furthermore, paper elaborates on design thinking from three key perspectives: cognitive, organisational and strategic, with the aim of providing better understanding about designer’s role in design thinking process, design team composition, redefining business strategy and redefining overall business model.
... 9 Subsequently, multiple design programs were developed worldwide. DT has been utilized in a variety of different fields, including business, [10][11][12][13][14][15][16] law, 17 primary school education, 18 sciences, [19][20][21][22] and medicine. [23][24][25][26][27][28][29][30][31][32][33][34] The use of DT within medical education has been limited, but is emerging. ...
Medical education is an ever-evolving field, resulting in numerous changes and modifications to curricular structure, learner assessment, feedback, and remediation. In order to best meet the needs of the individual learners, it is important to design curricula that meet their real needs. Design thinking first gained popularity in the 1960s and, since then, has been applied to problem solving within business, primary education, and medicine. The process involves five stages: Discovery, Interpretation, Ideation, Experimentation, and Evolution; which are targeted toward empathizing with end-users to uncover and design for unmet needs. In this paper, we describe the 5-stage design thinking approach with specific application to medical education, and discuss future directions within the medical education field. This article is protected by copyright. All rights reserved.
Abstract: http://onlinelibrary.wiley.com/doi/10.1002/aet2.10003/abstract
... Exploring, framing and solving complex, and ill-defined problems (Buchanan, 1992;Cross, 2001Cross, , 2011Lindberg, Noweski, & Meinel, 2010); • Facilitating and driving creativity and innovation; and • Valuable way of practicing for both designers and non-designers in disciplines outside of design (Friedman, 2003;Gloppen, 2009;Stickdorn & Schneider, 2011) (Szabo, 2010);. ...
This paper will present a case study of a year-two product design project that has been
developed alongside the specific requirements of an industry collaborator and delivered
within an innovative, research-led, Design Thinking (Brown, 2008) framework, providing an
authentic learning experience for students. This tightly structured approach aimed to
“engage students in real-world inquiry problems involving higher order thinking skills with an
authentic audience beyond the classroom” (Rule, 2006), through the integration of industry
orientated needs and constraints.
The paper will discuss the overarching approach to the development of the project including
the key principles and theories that underpin the curriculum. The paper then discusses
collaboration with an industry expert to develop the pragmatic design and industry
constraints focusing on economic feasibility, functional viability and product desirability. In
addition, it includes a description of an innovative Design Thinking framework that has been
developed as part of a PhD research project.
The paper concludes with a discussion of the impact of this tightly constrained, authentic
learning approach on the design expertise development of students. It also discusses the
tensions in developing a learning and teaching approach for year two students that balances
Design Thinking (empathising and radical idea generation) and pragmatic, constraint driven
design.
... As a result of Martin's wide reach as a speaker and author, design thinking has been promoted as a useful process in different disciplines, including library administration (Bell, 2008), in hospitals ), legal practice management (Szabo, 2010), and HR (Birchall-Spencer, 2010). In the management area he has influenced work in strategy (Fraser, 2007) and organizational change and development , and has inspired the creation of a design thinking toolkit for managers (Leidtka & Ogilvie, 2011), although these authors later comment that for best results designers should lead the process (Leidtka & Ogilvie, 2012). ...
This paper takes a critical look at the design thinking discourse, one that has different meanings depending on its context. Within the managerial realm, design thinking has been described as the best way to be creative and innovate, while within the design realm, design thinking may be partly ignored and taken for granted, despite a long history of academic development and debate. In the design area, we find five different discourses of ‘designerly thinking’, or ways to describe what designers do in practice, that have distinctly different epistemological roots. These different discourses do not stand in competition with each other but could be developed in parallel. We also observe that the management discourse has three distinct origins, but in general has a more superficial and popular character and is less academically anchored than the designerly one. Also, the management design thinking discourse seldom refers to designerly thinking and thereby hinders cumulative knowledge construction. We suggest further research to link the discourses.
The emergence of legal design has recently raised considerable interest from both design and legal communities. The present study is based on a systematic review of the legal design in peer-reviewed publications from 2001 to 2021, to identify current knowledge of its concepts, processes, and methods in the literature. Our analysis found that legal design and design thinking are conceptually comparable as both possess a human-centred approach to innovation. However, due to the inherent nature of law and the legal system, legal design and design thinking processes and methods differ in practice. Notably, proactiveness and stakeholder-centred thinking are key concepts of legal design. Legal design emphasises interdisciplinary and collaborative approaches to accommodate diverse stakeholders with competing priorities and to improve communication. Finally, drawing on the literature review, we conclude by reflecting on our analysis and raising further research questions for design practitioners and researchers.
Design thinking is increasingly applied in healthcare and health professions education to generate innovative solutions to difficult problems. The design thinking framework helps individuals approach problems with a user-centered focus; the emphasis is on understanding the user experience, their challenges, and possible design solutions that are aligned with their needs. In this twelve tips paper, we describe strategies that health professions educators can use to prepare for, conduct, and support design thinking. These strategies may also be useful to learners, practitioners, and organizations to address complex problems.
One thesis of this book is that the legal function within businesses will shift from a paradigm of security to one of opportunity. This chapter embraces that likelihood in the context of business contracting, where voices calling for a major shift are starting to surface. It explores how contracts can be used to reach better outcomes and relationships, not just safer ones. It introduces the concept of business-friendly contracting, highlighting the need for contracts to be seen as business tools rather than exclusively as legal tools, and working as business enablers rather than obstacles. By changing the design of contracts and the ways in which those contracts are communicated—through simplification and visualization, for example—legal and business operations can be better integrated. Contracts can then be more useful to business, and contract provisions can actually become more secure by becoming easier to negotiate and implement.
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