Report on the IMKR Lecture “Legal Design – Innovation with Method” by Attorney Kohlmeier
On January 18, 2022, attorney Astrid Kohlmeier – a Legal Design consultant and lecturer in the Executive Faculty at the Bucerius Center on the Legal Profession in Hamburg – spoke at the IMKR on the topic of “Legal Design.”
After being welcomed by Prof. Rösler, Kohlmeier characterized legal design as a method that combines the design process, design itself – that is, the concrete creation of a design – and the law as an interface. In this context, the design process goes through various stages and is based on what is known as “design thinking,” which represents a theorized form of the design process. Design thinking, she said, is the world’s most successful innovation method, serving as the basis for the invention and design of everyday products such as cell phones and apps. From a legal perspective, the goal is to create solutions that are legally “watertight” yet intuitively understandable, placing the user at the center. Quoting the statement, “Design focuses on the essentials and empowers the user,” she emphasized that legal design is key to empowering users in the legal sphere.
Kohlmeier then explained the design process. It follows a specific methodology that differs from the legal approach. The first step involves identifying the people involved in the specific problem and conducting an analysis from the user’s perspective to determine the relevant needs in each case. This requires a shift in perspective and a focus on the “user experience.” After defining the problem in line with these needs, the next step is idea generation using creative techniques and collaboration within teams that are as multidisciplinary as possible. Prototypes are then developed to test the feasibility of the ideas, followed by final implementation after any necessary improvements.
Against this backdrop, Kohlmeier addressed various reasons for using legal design. She noted that increasing cost pressures within companies play a major role, which is why organizations aim to handle all activities in-house whenever possible. In addition, legal requirements are becoming more complex due to a growing number of regulations. As an example, she cited Article 12 of the GDPR, which requires that information on data protection be provided in a precise, transparent, and easily accessible form. In reality, however, legal content is usually not written in a way that is sufficiently understandable to laypeople. Yet recipients must be empowered to make autonomous decisions based on understandable legal content. Kohlmeier cited the legal design of contracts, terms of use, and non-disclosure agreements as further examples. The challenge, she noted, lies in striking a balance between creative design and the legally required content.
The ensuing discussion focused, among other things, on the future development of legal design. According to Kohlmeier, while it would be desirable, it is not to be expected that legal design will be mandated by the legislature. In response to the objection that abbreviated and simplified terms and conditions offer no advantage given the “take it or leave it” situation, Kohlmeier argued that this is a matter of ethical conduct: the desire for more understandable contract texts is growing enormously. Overall, Kohlmeier would like to encourage legal professionals to become more flexible and empathetic when drafting legal content in order to pave the way for innovation. Among other things, Stanford University already has a Legal Design Lab, and Harvard University offers the subject as a supplement to its curriculum. However, such programs are lacking at German universities. Students should, at the very least, learn how to draft a contract according to legal design principles in an elective course.
Further reading (in German): Kohlmeier/Klemola, Das Legal Design Buch, 2022, https://www.lto.de/recht/legal-tech/l/legal-design-innovation-anwaltsberuf-rechtsmarkt and https://lrz.legal/de//wirtschaft-und-management/legal-design
