Review historical and contemporaneous use of “games.” CRITIQUE Talk about what did or didn’t work - objective and normatively IDEATE Think about how we might design or create going forward INTERACT Simulate and share our experiences and perspectives What we’ll cover today
SUPPLY-SIDE • Attract students to the legal profession • Improve the educational experience • Improve the placement experience • (…) OUR SCOPE When we talk about games and gamification, we often focus on certain contexts. Let’s keep that context in context itself. “THE” GAME • Improve the onboarding experience • Improve knowledge management • Improve sales and marketing • (...) • Improve the onboarding experience • Improve knowledge management • Improve sales and marketing • (...) INSTITUTIONS • Improve quality of process • Improve transparency of process • Improve quality of outcomes • (...) • Public • Undergraduate Programs • Law Schools • CLE • Individuals • “Startups” • “Enterprise” • Law Firms • Alternative Service Providers • LegalTech • Courts • Agencies • Dispute Resolution Fora
• Mathematics, B.S. • Financial Engineering, M.S.E. • Political Science, M.A. • Stereotypical Ph.D. “hedge fund” dropout founded in 2013 sold in 2018 DAN KATZ Co-Founded
to the legal profession • Improve the educational experience • Improve the placement experience • (…) OUR SCOPE When we talk about games and gamification, we often focus on certain contexts. Let’s keep that context in context itself. “THE” GAME • Improve the experience • Improve knowledge management • Improve quality and cost • Improve the onboarding experience • Improve knowledge management • Improve sales and marketing • (...) • Improve quality of process • Improve transparency of process • Improve quality of outcomes • (...) • Public • Undergraduate Programs • Law Schools • CLE • Individuals • “Startups” • “Enterprise” • Law Firms • Alternative Service Providers • LegalTech • Courts • Agencies • Dispute Resolution Fora LEGAL EDUCATION DEMAND-SIDE SUPPLY-SIDE INSTITUTIONS
are games? ECONOMICS John von Neumann & Oskar Morgenstern Source: https://www.economist.com/the-economist-explains/2016/09/06/what-is-the-nash-equilibrium-and-why-does-it-matter John Nash
are games? Social Credit Source: PYMNTS; David Graeber System 1 vs. System 2 Games as a means of converting System 1 social processes into System 2 social processes. System 1 + Rules Feedback Transparency = System 2 Gamification
elements of gamification Measurement How many of you can answer the following questions? • How many steps have you taken today? • How many emails have you sent this week? • How many minutes have you spent meditating this month? • How many miles have you driven? • How many followers do you have on TikTok? • How many dollars back have you earned on your credit card? • How many points have you earned flying since your last status reset? • How many books have you read this year? • How many songs have you listened to? Source: Fitbit; Spotify; Microsoft Quantities
elements of gamification Measurement How many of you can answer the following questions? • Have you caught a Mewtwo? • Have you been to Per Se? • Have you been to Denali National Park? • Did you serve in North Africa between 1941 and 1945? • Have you passed the California Bar? Source: Nintendo; Foursquare Qualities
elements of gamification Progress Measurement is often used to create a narrative of progress towards a goal. Sometimes, the goals are self-directed. Other times, the goals are external or arbitrary. • Have you caught them all? • Have you visited 100 restaurants? • Have you walked 10,000 steps today? • Have you spent $10,000 on your credit card? Source: Nintendo; Fitbit; Foursquare
elements of gamification Labels and Narratives Measurement enables progress. Progress enables narratives. Narratives enable labels. • Are you a PokéMaster? • Are you a foodie? • Are you healthy? • Are you an attorney? (badges and percentages) Source: Nintendo; Fitbit; Foursquare
elements of gamification Comparison Measurement enables comparison. • Have you taken more steps this month than last month? • Have you spent more time reading this week than last? • Are you the “Foursquare Mayor” of the local gym? • Are you the “top learner” this week in Duolingo? • Do you listen to more music than others? • Were you in the top 5% of all LSAT takers? Source: Duolingo; Foursquare; Spotify
elements of gamification Machine Learning Measurement also enables machine learning… Shadow data strategy for outsourcing: • Data collection • Annotation • Knowledge structuring Source: Duolingo; Foursquare; Spotify
elements of gamification Social There are two types of “social” experiences: Social with humans: games amongst one or more humans Social with non-humans: games where actors may “algorithmic” Social signalling as socialization and comparison of labels. Source: Duolingo
elements of gamification MEANS Gamification is a process. Processes can be - but need not be - implemented through technology. It can also be implemented with pen-and-pencil or chalkboard.
warning ? Remember: games are a tool. Their effect can be good or bad. Intentions don’t matter, only incentives and outcomes. And in the real world, game environments can change. It helps to remember that nearly all games are nested inside of another game. …and there are trade-offs, e.g., with privacy.
process MEANS Start with the goals or outcome. Identify the actors and environment. Think about the actions/verbs associated with each actor. Identify the incentives - “leverable” and otherwise. Trace incentives back to feedback mechanisms. Define equations for feedback mechanisms. Measure variables in equations. Always keep in mind the “embedded game.” Outcome Actors Actions Incentives Feedback Measurement Nested/Embedded Game(s)
and the increasing penetration of mobile devices Event-driven salience of civil rights and criminal procedure PUBLIC Source: LawDojo; Google Play Store Law Dojo
Source: Khan Academy; TestMax Focused almost entirely on the LSAT experience Largely reflects a continuation of test prep https://www.reddit.com/r/lawschooladmissions/ https://www.reddit.com/r/prelaw/
SCHOOL Source: Google Scholar; ResearchGate Over the last decade, a number of scholars or programs have discussed or prototyped new models. Like in all organizations, change management is hard.
SCHOOL Source: MSU Law; TransMedia; 3909 LLC There have been a number of “real” games designed by: • Law professors • Law students • Game design programs in coordination with schools They often focus on procedural or administrative areas. Adam Candeub
SCHOOL Source: MSU Law; University of Texas What might we want to do? Help students socialize with each other. (Especially when they are driven by extrinsic motivation and ranking.) Help students engage in extracurricular activities or groups. Help students engage in community or pro bono activities. Help students assess their progress towards …: • Course, track, or curriculum • Resume or internship goals • State Bar exam curriculum Help alumni engage with each other and current students. Ideas ?
elements of gamification CLE Source: MSU Law; University of Texas What purpose do CLEs really serve? Do the Bars have an obligation to truly assess? What would that look like?
Source: Juro; Clerky; Capbase Dramatic growth in LegalTech for startups Many SaaS offerings targeted at small companies Focus on formation and financing
Source: Juro; Clerky; Capbase LegalTech for enterprise is not new (ERP, ELM). “not new” => unlikely to include gamification elements. Can be implemented as external processes or integrations.
Source: Juro; Clerky; Capbase Once upon a time… If gamification pits our unconscious against our conscious to trick us into having fun, the flip side is that a user’s performance could be used against them – which some might find a little insidious. But according to legal services consultant and gamification practitioner Michael Bommarito, it’s actually the opposite. ‘There are many ways we can incentivise behaviour in an opaque way, which potentially can actually result in unfair decisions. I think one of the blessings and the curses of games is that they make all of that open. Scores are generally open, peers are generally visible, and so there’s an element of public shaming that’s not always easy to deal with. That requires some kind of change management or cultural question and answer internally in an organisation,’ says Bommarito.
Source: Juro; Clerky; Capbase Once upon a time… ‘But I think we should all be honest with ourselves – that kind of reward and shaming happens anyway. The only difference here is that we’re being open and honest and transparent about that dynamic, and we’re giving people the opportunity to see the reality and to improve.’ One of the flagship products developed by Bommarito’s consultancy, LexPredict, is LexSemble, a software platform used with both inside and outside counsel. Fundamentally, LexSemble is a knowledge management system built upon data that has been crowdsourced from within an organisation, which is then used to provide insights and forecasts to the business. LexSemble does this by aggregating and sorting the crowd-sourced data, such as opinions from within the business, and using it to create predictions and present relevant conclusions. Over time, the accuracy of these predictions is fed back into the system, allowing it to adapt and recalibrate accordingly – for example, by learning which of an organisation’s experts has the most predictive value in a given area.
Source: Juro; Clerky; Capbase Once upon a time… Through his work with LexPredict, Bommarito has found that law firms can be reticent when it comes to applying gamification to their business – but that doesn’t mean that there isn’t a form of Chou’s ‘implicit’ technique being employed. ‘We may not use the word during our consulting engagements, but it is what we’re doing. If you really want to do it, you can hide it in plain sight,’ says Bommarito. ‘But I think everyone is better off if we’re just open and honest and transparent about what we’re doing. If it’s rule-based, then let’s just write down the rules and score the rules and let’s show the score.’
Source: Juro; Clerky; Capbase Once upon a time… Any process overlay runs the risk of creating alienation if it is not designed sensitively, particularly when progress is being tracked and monitored. In an echo of Chou’s white hat/black hat drives, Bommarito warns of potential adverse psychological effects, particularly in large organisations. ‘It can feel somewhat draconian or Orwellian. I think there’s a fine line between making your attorneys feel like they work in a call centre and making them feel like they have positive incentives and are part of a group with some social benefits,’ says Bommarito. ‘You want there to be positive incentives and you want there to be positive reinforcement as much as possible, so that these are goals that people strive for, and not things that they are penalised for. So there’s definitely communication challenges and framing challenges.’
Source: Juro; Clerky; Capbase Ideas How might we implement gamification elements into each of the activities that a corporate legal department performs?
ABA Journal Law Firms Sales and Marketing Account Management Knowledge Management Traditional billable Event-driven: M&A, anti-trust, class action RFPs AFA
Henderson Law Firms Ideas How might we implement gamification elements into each of the activities that a law firm or service provider performs? What practice-area-specific systems could you design?
Agencies Books: • The Gamification of Learning and Instruction: Game-based Methods and Strategies for Training and Education, Karl Kapp ◦ + Fieldbook • Engaged: Designing for Behavior Change, Amy Bucher • Actionable Gamification: Beyond Points, Badges and Leaderboards, Yu-kai Chou • Designing for Behavior Change: Applying Psychology and Behavioral Economics, Stephen Wendel • Elements of Game Design, Robert Zubek • The Digital Gaming Handbook, Roberto Dillon On Privacy: • Gamification vs. Privacy: Identifying and Analysing the Major Concerns, Mavroeidi et al. • Gamification is a Dark Pattern: https://www.markovunchained.com/gamification-is-a-dark-pattern/ Courses and Sites: • Gamification, Kevin Werbach @ UPenn • Removing Barriers to Change, Jonah Berger @ UPenn • Law + Design: https://www.margarethagan.com/ YouTube: • Applied Game Design, Dr. Bo6: ◦ Episode 1 - Games as Designed Experiences, https://www.youtube.com/watch?v=Z_KJCVEcqZg ◦ Episode 10- Gamification: https://www.youtube.com/watch?v=0xJH2bzjZjk&t=4s
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