Professional Documents
Culture Documents
Review of The Legal out a number of principles for effective legal design,
and backs these up with several user case studies. The
Design Book: Doing Law in emphasis is on sharing the authors’ practical knowl-
edge of the demonstrated contribution of design
The authors present, in some detail, a set of ten is a clear difference between authoritative research and
philosophies for effective legal design. opinion. There are, however, full references toward the
• Defer judgement, close of the book, and a helpful index. The term “research”
• Fail fast, is mentioned frequently, but I felt it was often used collo-
• Curiosity and creativity, quially to denote “information collection” rather than to
• The art of pivoting, express a professional researcher’s preoccupation with
• Focus on objectives, sampling, forms of bias, impartial analysis, and rigor.
• Multidisciplinary teams, Consequently, there is little to be found on appropriate
• A seat at the table for everyone, research methods, perhaps based on the assumption that
• Talk to clients and stakeholders, anyone can do research fairly and accurately?
• Building to learn, and Curiously, for a book by European authors (there is
• Embrace an open environment.4 a German language version, by the way), the language
and examples are curiously USA centric. The book in-
For design-trained readers, some sections of the book cludes specific North American terms that I had to look
read like a first year design text, including an explana- up. Perhaps a little more effort could have been made
tion of the Bauhaus and its importance today. I took to fully address an international audience? Perhaps a
issue with several simplistic comments, as times have course in Suits,5 the American TV show, would be in
moved on, but it must be remembered that this text is order? The book’s official website is worth a visit.6 At
intended more to persuade lawyers of the importance of the time of this writing it seems more like a teaser for
engaging design professionals rather than persuading the book than a supplementary information portal.
professional designers to work for lawyers. However, it may become an important resource in the
In modern legal practice, there are several back- future.
ground issues of some importance. One is the digital There is some evidence internationally that busi-
and online world, and the discomfort that lawyers may nesses that engage designers are more successful com-
feel — especially the more senior ones — doing busi- mercially. And yet the authors have chosen to mention
ness in ways they have no training in. Helpfully, the only the results of a Design Management Institute
book provides helpful distinctions among the terms investigation demonstrating the value-added success
“digitization,” “digitalization,” and “digital transforma- of companies who have designers on the payroll.7 The
tion.” A nother background element is perpetuation of authors recognize that a single study is unlikely to per-
the time-based billing culture in legal practice, which suade a reluctant lawyer. More evidence would indeed
can stifle efforts to improve efficiency. Some corpo- have been persuasive.
rate clients are, however, looking at how to shift away In sharing their practical knowledge the authors have
from billable hours to a model that better suits their helpfully provided six case studies of businesses that have
business. Laws change over time, as society reconfig- successfully used legal design in some form. These cases
ures itself. Many new challenges have led to increased are diverse and include established legal firms inter-
public awareness of privacy and compliance, and new acting with clients; a university department positioning
laws — the GDPR is but one example of the scope of ac- a master’s course; a major plane maker wrestling with
tivity in the online and digital legal field. Undoubtedly, different kinds of contracts; and an international bank
there is much innovation destined for use by lawyers, undertaking significant revisions to its legal documenta-
clients, and the general public to come. tion services.
For anyone seeking a fully referenced book bolstered All of the cases share a common thread: the desire
by authoritative background research: you may be dis- to understand what users actually need. The experience
appointed. I wanted to follow up on some juicy citations, of the international bank is most interesting. One of the
but often found the reference partial or the link broken. issues for lawyers modifying legal documents is main-
While not a research text (and not intended as such), taining legal accuracy. The bank’s legal department was
there are still several weak citations — an actor inter- very concerned about the legal impact of modifying its
viewed about her part in a film may fall short of being an documentation. Lawyers in this context may become
authority on law (and the link was broken too). There overly focused on risk mitigation, while non-legal users
173 Book Review
may be disturbed by new documents that are not legally Korsh, Aaron. Suits. Produced by Universal Cable Produc-
precise. One tool the bank developed applies basic com- tions. Premiered on USA Network. 9 seasons, June 23,
putational linguistic principles to analyze a document’s 2011–September 25, 2019. https://www.usanetwork.com/
suits.
vocabulary and grammatical characteristics. The bank
also created a system of assets whose guided, reusable
components can be grouped in different ways to devise
any legal document.
Other case studies relate the legal needs of large
established companies, small companies, and startups.
There is the splendid, surprisingly informative example
of an employment contract. On top of containing what
the authors claim is legally accurate information, it is far
from dull or confusing. Much is said about the need for
legal documents to be accurate and understandable — a
goal not always achieved. Still, more and more digital
legal interventions and innovations are cropping up to
help the sector and its audiences. An important aspect
of user-centered design implementation is assessing the
success of the thing in use, by users, to learn what can be
learned about how development of a product or service
ought to proceed.
No doubt the field of legal design will develop further
but this book represents a healthy start. As stated at the
beginning of this review, reading this book has provided an
overview of legal design and a clearer understanding of the
several kinds of design skills that go into making a success
of this newly defined branch of designing. Did I enjoy
reading it? Yes. Would I recommend it to others? Yes.
Notes
References