Gamification in the Legal Profession

Welcome to Another Day in DMS,


Examine the use of games and gamification in your chosen profession.

Today we will be discussing Games and Gamification within the realms of the legal profession.

We will also discuss the impact and uses of Virtual reality (VR) within the legal profession, as these are an important consideration that relates to the concepts of gamification that will be explored.

A number of sources will be used to understand the best way to use gamification and Virtual reality within the legal profession.


In 2011, Sebastian Detering found that the term Gamification was first documented in 2008 but it only entered into widespread adoption in 2010, when industry players and conferences popularized it.

Gamification has been defined as the use of game-design elements and thinking in non game contexts (Huotari & Hamari, 2012). This technique is designed to improve user engagement (Hamari, 2013), organizational productivity (Zichermann & Cunningham, 2011), learning (Herger, 2014), employee recruitment (Porter & Tannenbaum, 2015) and physical exercise (Hamari & Koivisto, 2015), amongst others.

A handy infographic on Gamification

This is a developing area of communication but existing research has shown that gamification produces positive effects on users (Hamari, Koivisto, & Sarsa, 2014).

Applications and uses of gamification are currently found in fields such as marketing, health, enterprise systems, education, politics, and information technology.

An example of gamification in use includes Minecraft, the open-world game. A Bond University class, led by Dr. Jeff Brand, used the game as a means of learning, by using the features provided by the game to access class content and learning resources.

Dr. Jeff Brand also used gamification at a 2016 Sydney keynote address on ‘Gamifying the Australian Curriculum. He incorporated activities and points, as well as prizes for teams with the most points, allowing this keynote to use game design and elements to portray an educational point, in a non-game context.

Content of the Keynote alluded to above

Many companies are in the gamification business. This includes UK company Cognify, or Bunchball, who found that gamification works because it taps into our needs and desires. They created the following graphic to illustrate the benefits of Gamification:

Bunchball’s graph of Gamification 

Therefore, gamification is a tool allowing for evolution of this dynamic and fast discipline of games; By appealing to human needs and desires, there is perhaps no more effective tool for education and mutual societal progress.

Gamification in the Legal Profession

When one comes to think of the games business and the legal profession, they are never placed together. The legal profession is stereotypically portrayed as being “dry”, “boring” or “classical” whereas the game industry is known as being “cutting-edge”, “exciting” and “modern.

But it is in those stereotypes that the potential for gamification of the legal profession is lost. Indeed, applications for gamification are wide reaching, but not often considered within a legal point of view. People could assume that there are legal restrictions of gamification (which is correct), but there are also benefits and applications, which have not often been looked into.

Source: Google Images 

Of course, from a purely legal point of view, gamification has its restrictions. For example, the use of virtual currencies, virtual assets, data privacy laws, data protection or labour laws could all come into play (Berger, 2014).

Taking legal currencies as an example, it must be understood that these type of currencies are not regulated, and therefore the associated legal uncertainties constitutes “challenges for public authorities, as these can be used by criminals, fraudsters and money launderers to perform illegal activities” (European Central Bank, 2012).

How to use Gamification in the legal profession

Although the number of law firms that currently use gamification techniques are none-to-little, there has been some considering of their potential benefits.

A funny take on Gamification

In a 2014 Thompson-Reuters article, entitled ‘Gamification in Law Firms? Game on!’ it was found that a gamification program could foster skills in future layers, such as marketing and practice development, which would be an asset in the current competitiveness of the legal market (Fisch, Klan, & Widjala, 2014).

This study found that an effective way of incorporating gamification into a legal setting would be a game to train associates to build a network and how to create and execute business plans. It was found that this would be more effective to today’s law graduates than traditional business training as they have grown up surrounded by a recreational and educational culture of gaming (Fisch, Klan, & Widjala, 2014).

Finally, it was found that legal gaming elements could reflect the competitive aspects of the legal industry, which is intrinsically obsessed with rankings and lists, overall appealing to the competitive nature of a lawyer’s psyche and therefore incentivizing them to achieve goals they would not reach otherwise.


To conclude, it is certain that gamification would be beneficial to the legal profession, as it would allow a type of engagement that lawyers intrinsically search for in their daily professional lives.

This new concept thus allows lawyers to reach the peak the “the 2000 year search for the ultimate display” (Biocca, 1995) of their skills and achievements on a wide, social and far-reaching scale.



Leveraging Participatory Culture

Welcome to “Another Day in DMS”! 

Here is our blog question for the week: 

In what ways can you, as a professional, leverage (use to best advantage) participatory culture?

Welcome to Another Day in DMS,

Today we will be discussing Participatory Culture, and how this concept can be professionally leveraged to one’s advantage.

A number of sources will be analysed to understand the best way professionals can use participatory culture within their respective fields.

Specifically, we will try to understand the advantages of participatory culture within the Legal Profession.

Participatory culture

Source: Google Images

As with a participatory democracy, a participatory culture is one in which the audience acts not as a receiver, but as a citizen, participating in the tapestry of media life, as a part of their growing techno culture (Brand, 2016).

In other words, it is a cultural condition where people are happy to interact and engage online with each other and with mainstream media sources.

As Willis (2003) said, in such a culture, “people creatively respond to a plethora of electronic signals and cultural commodities in ways that surprise their makers, finding meanings and identities never meant to be there and defying simple nostrums that bewail the manipulation or passivity of ‘consumers’.”

Such a culture is dependent on a networked society and interactive media but it also of consideration that much of the effect of such a culture is related to the interaction and participation of its audience.

Mayfield (2006) investigated the interaction between participation and interaction and found that interactivity does not necessarily mean participation.

In other words, you can interact on a high level without participating at a high level.

Mayfield researched this under his ‘power law of participation’, whereas low participation amounts to collective intelligence and high engagement (interaction) provides a different form of collaborative intelligence.

Mayfield’s ‘Power Law of Participation’ (2006). 

One of the main catalysts for the growth of participatory culture is the Internet. The access it provides to resources is unparalleled, allowing people to work collaboratively and generate new ideas and concepts from existing information.

This allows for astounding levels of participation and interactivity. Jenkins (2009) researched this and described a participatory culture as one:

  1. With low barriers to artistic expression and civic engagement.
  2. With support for sharing one’s creations with others.
  3. With informal mentorship whereby what is known by the experienced is shared.
  4. Where members believe their contributions matter. And,
  5. Where members feel a degree of social connection with others.
Quote on Participatory Culture (Henry Jenkins). 

When considering this profound participatory landscape, where ‘recording devices transmit vivid images around the world, crisscrossing high-speed communications networks for shared viewing’ (Starobin, 2009), it is inconceivable that if there had been personal cameras in Auschwitz during WWII, would the world have permitted the holocaust to go ahead? (Starobin, 2009).

David Gergen, a CNN political analyst who worked in multiple US presidential administrations said that such a culture or landscape would have allowed the world at the time to “understand the face of evil”. This is therefore a realistic and effective example of the power of a participatory culture.

Participatory culture in the legal profession

Source: Google Images

Such an impactful theoretical concept has significant applications in the legal profession.

Specifically, it is the reception and impactful interactivity with widely advertised legal cases that is the main niche of participatory culture within the Law.

In other words, the coverage and subsequent engagement of legal issues is higher than ever due to social media and participatory culture; there has been an increasing of awareness in legal issues, due to the accessibility of legal information both through journalistic coverage and through social media.

It is also possible for the law to provide support for participatory culture. Areas such as intellectual property and copyright law can be used as a safety net for citizens creating online material diverged from legal content. Intellectual property law could therefore “promote democratic participation in the making of culture” (Sunder, n.d.).

How to leverage it in the legal profession

Increased awareness of legal issues and scenarios creates its own participatory culture and provides a unique opportunity for legal professionals to harness the content created by members of this participatory culture to angle their individual approach and attitudes to be able to attract more clients, and subsequently, more revenue.

It would also be best to create more transparent and accessible intellectual property and copyright legal advice to content creators within the legal participatory culture.

It is up to the individual lawyers to be careful about their digital footprint with any online activity they partake in about a case, including any news reports, as these can be used by members of legal participatory cultures to harness their collaborative intelligence to generate their own divergent content.


Therefore, participatory culture is prevalent in our current techno culture, with its popularity set to grow as more online media participants become part of a citizen audience of content creators through the increasing de-regulation of information available online.

Such a culture is common in modern legal systems and there are ways to harness it to benefit legal professionals, both financially and reputationally.

To conclude, it is exactly “because culture is so influential in shaping our world and ourselves that individual rights to debate it and participate in its making are imperative.” (Sunder, n.d.).


AZ Quotes,. Henry Jenkins Quotes. Retrieved from    quotes/quote-participatory-culture-shifts-the-focus-of-literacy-from-one-of-   individual-expression-henry-jenkins-76-36-96.jpg

Brand, J. (2016). Citizen Audiences and Participatory Culture. Lecture, Bond University.

Flew, T. (2005). New media. South Melbourne, Vic.: Oxford University Press.

Gamific.TV,. (2014). Power law of participation. Retrieved from

Interactivity. (2016). Retrieved 30 October 2016, from

Jenkins, H. (2006). Confronting the challenges of participatory culture. Cambridge,           MA: The MIT Press. Citizen journalism. (2016). Retrieved 30 October 2016, from

Lee, D. (2016). Participatory Culture | David Lee. Retrieved from

Mayfield, R. (2006). Power Law of Participation. Ross Mayfield’s Weblog. Retrieved 30 October 2016, from

Participatory culture. (2016). Retrieved 30 October 2016, from

Slideshare,. (2009). Participatory Culture – A Crash Course. Retrieved from 

Starobin, P. (2009). In New Media, Image Is Still Everything. National Journal, 1.

Sunder, M. IP: The Case for Participatory Culture. University of California, Davis            School of Law.

Willis, P. (2003). Foot Soldiers of Modernity: The Dialectics of Cultural Consumption and the 21st-Century School. Harvard Educational Review, 73(3), 392.

The “Knowledge Economy” and “Digital Capitalism”

Welcome to “Another Day in DMS”!

Here is our blog question for the week: 

What can you do as a knowledge worker to ensure you benefit from rather than are a victim of digital capitalism?

Today we will be discussing the “Knowledge Economy” and how “Knowledge Workers” of our modern society are impacted by digital capitalism. A number of articles, books, articles and other sources will be analyzed to figure out the impact of knowledge on societal progress within this so called fourth industrial revolution.

Specifically, we will seek to understand the benefits that digital capitalism can bring to professionals in the field of Law.

The Knowledge Economy:


Peter Drucker, in Chapter 12 of his 1969 book ‘The Age of Discontinuity’ coined the idea of a knowledge economy, wherein “educated workers, communication, information and technology are all central to wealth creation.” (Drucker, 1969).

This theory essentially says that the global economy is gradually in transition from being agriculture and labor-based to being a ‘knowledge economy’; an extension of an “information society” in today’s information age, led by innovation (Dutta & Soumitra, 2012).


In such an economy, it has been theorized that commodification is the key to making money from what was once non-commercial goods, services and ideas. The idea of knowledge as a wealth creating commodity may seem futuristic but the reality is that knowledge today is as important as physical laboring skills were during the days where the world economy was labor and agriculture based.

In summary, Drucker’s knowledge economy has correctly predicted that the world is moving from an economy of goods, to an economy of knowledge and from a society of industrial proletariat to a society of brainworkers, making knowledge, and thus education, the ‘most important resource for any advanced society.’ (Drucker, 1969).

Knowledge Workers:


These are the everyday workers under Drucker’s Knowledge Economy theory. Anyone who utilizes their mind over their physical abilities in their professions is a knowledge worker. Alvin Toffler, A futurist, in his 1980 video entitled ‘Big Thinkers’, reinforced this.

The availability of knowledge to the world’s workforce makes them entrepreneurs who have responsibilities for developing their brain power (Drucker, 1969), where they can control their career goals and aspirations due to the knowledge they have. This is exemplified in the absence of one-career lives for modern day workers; it is today commonplace for the average worker to change career or companies more than once in their lifetime; something unlikely only a few decades ago.


Digital Capitalism:

This is the business in the information and knowledge economy, or the “ECI”; The Entertainment- Communication Information sector.


Flew, T, in his text ‘New Media, an Introduction’ (2008), argued that the knowledge economy trend marks ‘the consolidation of capitalist relations on a global scale, as information is increasingly commodified as intellectual property through digital copyright.’ (Flew, 2005).

John Naughton, in a 2013 article in ‘the Guardian’ summarized digital capitalism as understanding four concepts – margins, volume, inequality and employment. And additionally, the following adjectives: thin, vast, huge and poor. (Naughton, 2013).

Digital Capitalism in the Legal Profession:

As an aspiring lawyer, this blogger is aware that the Law is quintessentially knowledge based; lawyers think for a living. It is a profession that is very much within the realm of a knowledge economy and which is a large contribution to this proposed new world economy.

It is therefore primordial to understand the potential impacts of digital capitalism in such an economy, because ‘we are living through a period of profound change and transformation of the shape of society and its underlying economic base […] the nature of production, trade, employment and work in the coming decades will be very different from what it is today.’ (Houghton & Sheehan, 2000).

How to Benefit from Digital Capitalism in the Legal profession

To not be a victim of digital capitalism and stop important information from being made inaccessible, lawyers must be progressive with their knowledge and put in place systems of regulation of knowledge to avoid the creation of a digital capitalistic legal society where digital information is restricted and controlled by private entities for profit, resulting in the loss of income and jobs by your average legal professional (Naughton, 2013).

The important of knowledge in the legal profession is intrinsic. Lawyers cannot be lawyers without knowledge and education, and that is why a measured and regulated approach to knowledge is important as a lawyer; if information is deregulated, lawyers will lose jobs and their legal educations reduced to useless pieces of paper.

Within the bigger picture, the law is a main sector of the world knowledge economy. This sector has close ties with education, which, in a knowledge economy, may become the most valued commodity within a society that commodifies intangible goods such as knowledge.


In our world that is ever expanding and progressing within the digital revolution, it is very important to take measures to benefit from the digital capitalization of world markets. In the Legal profession, it can be achieved as outlined above.

Tune back in a few weeks for another adventure into the fascinating world of Digital Media and Society!


Bibliography (APA 6th Edition): 


Houghton, J. & Sheehan, P. (2000). A Primer on the Knowledge Economy. Centre For Strategic Economic Studies, 1(18). Retrieved from


Dutta, & Soumitra,. (2012). The Global Innovation Index 2012: Stronger Innovation Linkages for Global Growth (1st ed.). INSEAD. Retrieved from

Naughton, J. (2013). Digital capitalism produces few winners. the Guardian. Retrieved 07 October 2016, from

Thinking for a living. (2006). The Economist. Retrieved 09 October 2016, from

The age of smart machines. (2013). The Economist. Retrieved 09 October 2016, from

Holtshouse, D. (2009). The future of knowledge workers, Part 1. KMWorld Magazine. Retrieved 08 October 2016, from

Knowledge worker. (2016). Wikipedia. Retrieved 09 October 2016, from

Knowledge economy. (2016). Wikipedia. Retrieved 10 October 2016, from

Advanced capitalism. (2016). Wikipedia. Retrieved 10 October 2016, from


Drucker, P. (1969). The age of discontinuity. New York: Harper & Row.

Schiller, D. (1999). Digital capitalism. Cambridge, Mass.: MIT Press.

Flew, T. (2005). New media. South Melbourne, Vic.: Oxford University Press.


Machine, P. (2009). Big Thinkers – Alvin Toffler [Futurist] (2 of 3). Retrieved from

iPhone – Learn how to Use an Iphone. (2007). Retrieved from



Hello from the Blogger!

Hello wide world of Internet!

Thanks for taking the time to read ‘Another Day in DMS’, a WordPress Blog aimed at covering various articles, links, stories and interesting information about Digital Media and it’s role in our modern society!

This site was created for the Bond University Class COMN12-302 Digital Media and Society!

My name is Robert Sheppard, Hello! (Picture of me below! Thanks Facebook)!

I am originally from Switzerland but have been in Australia for the past 5 years! I find this area of communication fascinating, dynamic and ever changing!

Before I leave you with this first post; fun fact: Sometime in the next few months, there will be over 50% of the earth’s population connected to the internet! How far have we come in our digital age! Where will we be in 10 years? 50? 100? Let’s find out!