Tuesday, August 20, 2013

Bolstering KM Through User Experience Design

Formal Description: Exposure to good industrial design and Web design in our personal lives is now raising expectations within the industry. As a result, user experience (UX) design is becoming increasingly important and may be key to knowledge management endeavors. Get an overview of the discipline, and review featured case studies from a few firms that have made UX a priority within their KM efforts.

Speakers:

·         Stuart Barr, HighQ
·         Andrew Baker, Seyfarth Shaw
·         Tom Baldwin, Reed Smith
·         Patrick DiDomenico, Ogletree Deakins

These are my notes on an interesting session that talked about and in some cases showed some advance designs for law firm intranets and extranets.

Stuart Barr

[I had to miss the first few minutes of this presentation. One notable tweet on the subject from Rebecca Gebhardt said "UX is not UI. It is a user's perception of the product. Indeed in many ways it IS the product.].

The way people use things is changing. Desktop screens are only the start.

Macs, Androids and the like are changing the way people perceive design. Devices are exposing people to ways of interacting with technology that are more advanced. People have a better technology experience at home than at work.

IT can be easy, powerful and simple (Dion Hinchliffe).

Good design is now a key aspect of technology. We're trying to do more complex things with technology, but also need to keep it simple to use.

Aspects of the user experience may or may not be in the designer's control.

Make things simple by "bringing order to complexity." Don't add one more button. And don't design for the "edge cases."

An iterative design process is really key. See what mistakes users make and design to avoid those. Design combines science and art.

Design matters for adoption and engagement. Internally design helps staff efficiency and productivity, helping staff have nice experiences and do their jobs more quickly. Client expectations are getting higher.

Tom Baldwin

He's showing before and after of design. He recognizes that no one on his team had the proper skills, and therefore brought in a design expert.

He's moving to design standards based on the designer's work.

About a quarter of Reed Smith work is on a fixed fee basis, so accurate matter profile was critical. They wanted to get more completed matter profiles, and also increase ease of use. They also put in some gamification, which surprisingly turned out to motivate partners.

Their old matter profile system didn't allow for search of other matters, only allowed for one area of law, and had a very long form you had to scroll through.

The new one had a tabbed view showing people the process.

The "confidential matter" was a critical question that was often not answered before because it was at the end.

The questionnaire form breaks down questions by area and showed percentage complete. Questions were presented in one frame. Save and spellcheck options were not buried at the bottom of the form.

A visual representation of completeness was important.

He listed "Leading matter profilers" on the landing page of the matter portal.

This led him to think about other areas where a leaderboard approach might help.

They'll have a rollup score for things that reflect good corporate citizenship.

Tom indicated at the end that they are looking into programs like badgeville to further leverage attorneys' competitive nature, and will be integrating this with their enterprise social networks.

Andrew Baker

Their firm intranet has soothing colors, light blues and the like.

They went with usage patterns in thinking about the most important things. Every page has a way to provide feedback.

They ran a card-sorting exercise and met with people from every department and office, asking them to sort the cards representing 77 different pieces of content into piles that made sense.

Before they built anything, they created wireframes; these allowed to adjust the approach as they talked with attorneys and staff.

They used the "Balsamiq" tool for wireframing. It saved them a lot of time.

Looking back, Andrew feels that the graphics were a little too much, and that they also had a little bit too much information on each page. He's not sure about the value of the intranet.

[Ed--to give some sense of the visuals, I have to note that the Seyfarth intranet home page was much more content-heavy than the other two demonstrated.]

They've more recently rolled out a client extranet "SeyfarthLink."

They first tried to figure out how clients used the previous extranet. The clients are very focused on portfolio management or portfolio centricity. They created matter sites, client sites, and portfolio sites. Content can be collected and shared.

They are sharing live financial data on the client extranets.

He recommends Stephen Few's book on Information Dashboard Design.

Team pages can be really important, adding a human touch that encourages visitors to trust the site.

They didn't start with mobile, and think it may be difficult to go back and make it work on mobile.

A lot of the Seyfarth work has been client-facing. That has a very different value proposition.

Patrick DiDomenico

He's talking about SharePoint intranet evolution.

Back before structured sites, everything had to be right on the home page. They had a traditional intranet home page that had dozens and dozens of links and small font.

Neuroscientists from Princeton have established that clutter makes people anxious.

Focus is very important for getting your point across. Don't design so the user is confronted with a wall of words.

The new "OD Connect" has a persistent banner with key search and some buttons.

A news and announcements section is targeted to your own office and practice group. It only shows the selected article but conveys the headlines of the other.

A dashboard shows recent matters and also a financials preview.

He wanted to make it "magnetic," give people a motivation to come to the intranet.

OD Connect has customized view for secretaries allowing them quick access to their lawyers' matters and financials.

Associate view shows associate bonus targets, calculated for the individual. You can work with documents from the portal. A news tab shows news about OD and about its competitors.

Users can customize one of six feeds from a dropdown.

He is always asking, "What can we take away from the screen to let people focus?"

OD Connect allows people to select specific top-left navigation.

If you go too far away from what people are used to, they may get frustrated.

The "Find It" button opens a navigation menu on hover-over. The wins have been the Find IT button, search, and customized buttons.

How people feel about your brand is important. He wanted to make people feel connected to it.

The theme of pre-rollout communications was "making your life easier." They distributed nail puzzles and matchbooks.

When they can, they put buttons at top and bottom of the form.

Expectations have risen, designing for mobile is critical, and we need to simplify our tool.

[Ed.--I really liked the clean look and feel of OD Connect, and also the features that were customized to particular types of users like secretaries].

Design is even more important for client-facing work. It's appropriate to use design consultants in this type of work, because it doesn't rise to the level of an FTE.

It is important to have client-facing extranets have a consistent look and feel with other online properties.

Lawyers may not know what cognitive overload is. But if you relate some common consumer solutions to their problems, and show them visually, the leaders can understand the need better. Don't try to explain, show. Use Balsamiq to focus them on what's important and to move them away from what's not important. Running too much by higher ups can paralyze the process.

The project took about thirteen months but would have taken less if they hadn't been interrupted in the middle. He used PLA and Joshua Fireman, as well as a design/advertising firm.

 

 

Law2020: Emerging Legal and Business Opportunities

These are my notes on the second keynote session at the ILTA conference. I found it to be an intriguing presentation, interesting in the projects of long-term impacts of some current technology trends, a bit flaky on a few of the projections, but also effectively coming back to some approaches to effectively talk to law leaders about the future.

Formal Description: The next ten years could see a dramatic rewriting of the law firm playbook as innovators and entrepreneurs break from the pack to change the rules of the game. What's driving these changes and how can law firms respond?

...Global futurist Rohit Talwar will deliver a keynote presentation and then be interviewed by Monica Bay, editor-in-chief of Law Technology News. In his presentation, Rohit will draw on ILTA's latest 'Future Horizons' research to highlight how law firms can leverage emerging technologies coupled to new paradigm thinking to transform everything from firm strategies and business models through to the way tomorrow's lawyer is recruited, developed and rewarded. Rohit will illustrate his talk with the latest findings, technology opportunities and case examples emerging from ILTA's Legal Technology Future Horizons research Project. The study is designed to examine how emerging technologies could impact the design and delivery of legal services over the next 10-15 years. The research is also exploring the resulting implications for how law firms need to evolve the management of the IT function to address an ever-quickening pace of technological change.

Speakers: Rohit Talwar, Monica Bay

See twitter conversation at #key2.

He's the CEO of Fast Future in London. He's the project director of ILTA's Law 2020. His legal sector clients include LinkLaters and Norton Rose.

How do we use insights on emerging technology to drive better decisions today?

Where could technology impact legal organizations?

The study involved interviews with vendors, peers, and legal technology thought leaders.

His cross-industry research concludes that organizations that innovate and adjust to technology change think in three time horizons. Over 12 months they look for operational excellence. Over 1-3 years they try to innovate, grow, and be efficient. Over 4-10 years they create the future. Corporations need to allocate people to these different areas and allocate time at management meetings for future-oriented discussions.

The next decade will be quite turbulent. The global economy is $65-70 trillion, there are still around $700 trillion in derivative contracts. There is no historical model from which we can learn because of the internet and rapid changes in technology.

The growth of the middle class will occur in Brazil, China and India.

Business cycles are faster. There are talent shortages, disruptive technologies, and rapid spread of science and technology advances.

For instance, if autonomous cars can't have accidents, why would consumers buy insurance? How would we work out who is responsible in accidents between manual and autonomous cars?

The landscape by 2025 will be quite different. The population is aging and life extension technology is evolving. We're looking at extending life by 4 to 10 times. How do you motivate a 190 year old network manager? Looking after the elderly will be a phenomenal growth sector for the economy and the legal industry.

Every business is having to think about the potential impact of rising energy costs.

The "23 and me" website will provide a personal genetic profile for $99-299. We'll be starting to use the information in contracting or purchasing.

New materials might lead to novel energy sources or indestructible materials.

The internet will be more immersive, conveying touch, taste and smell.

Could we knock out genes for rage, obesity, and stress? Human enhancement is a real present development.

Every industry will have to go through 2-3 iterations. Vertical farms may transform the food industry. All the industry changes will lead to opportunities for legal work. Let's make our partners and associates have the same awareness of the future of the industries as the industry participants.

Clients will press to innovate around making information more available and online. Traditional services will be provided at a commoditized price.

Don't panic, ask how you want to engage and stay informed.

There are five strategic challenges for the legal industry.

How do you leverage transparency, and artificial intelligence?

What are the new working practices and models for delivery of legal services?

Is there an over capacity of talent at all levels?

New technologies and investors are driving new players into the marketplace with a different perspective ("legal is about big data and process improvement")

New types of companies have different expectations for their law firms.

He's set out recommendations for the legal industry in a series of ideas organized around words beginning with "M."

Markets

Technology gives us the ability to create new services. 60% of the world is in Asia. With the new technologies come opportunities to focus on growth industries, like 3-D printing, energy, robotics, and biomimicry.

Mastery

You can't wait for others to do things, you need to have foresight. What are the big trends in a sector that have been announced? Lawyers and accountants create maps, for instance, about the future of travel and tourism. Taking an insight map to a client shows that you're thinking about their business.

Process excellence is another aspect of mastery. In the Narayana hospital in India they can do heart surgery at 4% of the cost with a higher success rate. They do a lot of the same kind of surgeries and work out the complete process with all of the possible variations.

How do we create more insight from the data? One insurance defense firm looked at the characteristics of success & failure at trial and created a platform for analyzing & predicting when to go to trial. They are then selling that platform to insurance companies.

How will we gear up technology solutions for the future platforms?

Instantaneous translation will change business.

Artificial intelligence-IBM's Watson is being used to diagnose cancer, and it does better than human doctors at that and at recommending post-diagnosis care.

Muscle

The anatomy of faster decisions is part of muscle. Coke looked at a UK firm that put out smaller tasty drinks at great speed. How to execute faster is also muscle. A company in China can build an energy-efficient office building in six days (after the foundation is laid).

Internal social media might be more effective than traditional knowledge management systems at providing good answers. For instance, someone looking for help with an oil contract in Uzbekistan might post about that need, and receive not only sample contracts but a message to call a particular subject matter expert.

Magic

How do we give our clients access to the scarce knowledge of our partners?

Latham has a series of apps called “The Book of Jargon,” on various corporate, capital markets, and investment topics.

Mofo has a court analyzer / dashboard that shows the key information about complex financial litigation.

Baker Donelson is providing client access to workflow, so the client can see what is happening on their matters.

Mindset

Build in the three-time-period orientation. Be tolerant of uncertainty, encourage people to try things.

Management

Make time and space for change.

Conclusions

Turn risks into opportunities. We can choose how to address the future.

Survey

Monica Bay then interviewed Mr. Talwar. The Law2020 survey will close in January. Take it at http://s.zoomerang.com/s/futurehorizons and http://s.zoomerang.com/s/ILTAEmergingTech .

30% of respondents see the role of CIO shifting to embrace innovation. You also have to reengineer to deliver to mobile.

Key Takeaways

It's very hard to maintain a strategic conversation if the DMS isn't working. CIOs need to talk to firm leaders about using technology to create new business opportunities and delivery models, how to create value and open up innovation.

Motivate lawyers to change by framing the problem as the risk of losing something.

Some of the most disruptive technologies are artificial intelligence, the next generation of collaboration tools (spanning law firms and law departments), and human enhancements.

Monday, August 19, 2013

Alternative Billing: What's Working and What's Not?

These are my notes on a panel that had representatives of the three key players in alternative billing work; law firms, consultants, and law departments.

Formal Description:

There are lots of options for billing, but who is actually using an alternative billing method, and which ones really work? Find out if certain billing options can jeapordize a happy client-vendor relationship, how law departments can determine if pricing is competitive and fair, and who is using analytics to decide. Our seasoned panel of current and former law department members will share successes and failures regarding billing options and vendor management.

Speakers:

·         Lisa Girmscheid, Rockwell Automation
·         Chris Emerson, Bryan Cave
·         Donald Knight, PNC Financial Services
·         Eyal Iffergan, Hyperion Global
·         An Trotter, Viacom

See tweets at #ldpg and slides here. These are my notes from the session, forgive typos and any misattributions.

Overview

This session was standing room only, though with an odd small-table-and-banquet layout. I was impressed with the extensive and frank discussions that addressed a wide range of critical pricing issues. It's great that ILTA can provide a forum for dialogue between law firms and law departments, albeit at the staff and not business owner level.

AFA Trends

AFAs are increasing slowly in the last two years, from 16% to 19% of legal work. Chris Emerson is not seeing increases in AFAs, but he is seeing increases in requests for budgets.

A budget is a process statement, it isn't far from that to a statement of work. It's been encouraging to see evolution of pricing directors and the like.

Portfolio analysis versus Bottom-Up

Chris Emerson suggests that law firms can take an "averages" approach with portfolio work, but the best pricing comes from detailing tasks and assumptions behind the tasks. How many depositions will there need to be? Who will be leveraged to do the work?

Obstacles to AFAs

The room agrees that law firms are more comfortable with the billable hour than AFAs. This strikes Eyal Effergen as "smoke and mirrors" as there is little dialogue around value. 95% of firms are offering AFAs.

An audience member commented that law firms that have negotiated an arm's length fixed fee arrangement shouldn't have to worry about "shadow billing" (in which billable-hour and phase/task code information is provided despite a fixed fee arrangement).

An Trotter and her GC agrees with that comment. She expressed frustration around having to notify firms that they have gone over budget, even though they get the data 60 or 90 days later.

Donald Knight doesn't agree with the objection to shadow billing. He wants to know what he's getting.

Profit and Value

Clients wonder why they should help law firms continue 35%+ profit margins when they are getting by on 3-12% margins themselves.

It's not a problem that attorneys earn lots of money, but corporations are upset about the profit margins.

Corporations may be asking for this additional information because they don't understand what they get from outside counsel spend.

Another audience member asked, what if lawyers started acting as general contractors, getting autonomy to shop? Has there been mixing & matching of content and service providers? Yes, in the eDiscovery area. The market dictates that the specialized work will be able to bear the higher rates.

An audience member has seen this sort of thing happening in health care and IP practices already. It hasn't really hit the litigation groups? Reverse auctions are starting.

Litigation AFAs

Where 13% of law firms say they use AFAs for litigation, 67% of law departments use AFAs for litigation.

Software

Key areas of software used are eBilling, matter management, and accounting.

Most eBilling systems for law departments also include matter management these days. Accounting systems are only marginally useful for collecting information about law firm matters.

Share Prebill Information?

An Trotter would like to see transparency around law firm information. She'd like to see law firm pre-bill data fed into the law department data.

An audience member (Julie Richer from the American Electric Power Legal Department) indicated that the new cloud-based service Viewabill that would allow law firms to privately share prebill information with law departments.

Sunday, August 18, 2013

Blogging at ILTA 2013: Catalyst

I'm taking up the keyboard again for the fabulous 2013 edition of the International Legal Technology Association's conference, this year called "Catalyst."  In broad outlines, I'll be participating in KM Peer-Group and session preparatory activities today, facilitating part of a discussion about making IT matter on Monday (#spec1) , and moderating a panel on how knowledge  management supports firm operations (#kmpg) Tuesday at 3:30 PM (Florentine I-II).  Of course, aside from "official" duties there are opportunities to learn about new vendors and new technology, hear inspiring keynotes, and meet / reconnect with legal technology peers.  

Particular areas I'm hoping to learn about are secure client-facing extranets (particularly those that allow for "publishing" from within the iManage DMS), litigation pricing, and developments in law firm enterprise collaboration (I believe Tom Baldwin may have some advances to report on that front).

This year I've purchased the "BlogTouch" iPad app.  It allows me to draft posts offline for the Blogger (f/k/a Blogspot) platform, which saves wifi battery life and avoids consistent reliance on not-always-perfect conference wifi.  I still have the Zagg keyboard and a backup laptop.  It should do better than the Notability app because there'll be no necessary intermediate step in publishing.

I'll be publishing notes on sessions and some keynotes.  Comments welcome as always.  And, I hope to see some of you at the KM Reception immediately following the KM and firm operations session.

Wednesday, July 31, 2013

Hobbie Returns From Australia--Belated Trip Report

Trip Background

The week of March 11-15 2013 I traveled to Sidney, Australia to speak at the Ark Conference titled "Advancing Knowledge Management in the Legal Profession" as a guest of that organization. 
 
Needless to say I also took the opportunity to investigate Sidney and its amazing surroundings.

To do full justice to the trip would require greater length than I have here.  I'll instead cover some professional, touristic, and personal highlights.  Some of this information was previously shared on an internal web site, though no endorsement by my firm has been supplied.

 Professional Highlights: Billing, Booming, and Bonding

My two presentations were well received. I spoke on a panel about encouraging communication inside law firms through social collaboration (I note that the larger firms in Australia seem considerably far ahead of US firms in this area). I also spoke on my own about the many ways in which knowledge management can support pricing and budgeting, and the types of information and information management that pricing and budgeting efforts require. The Australian knowledge managers at the conference were particularly invested in this area of work. I also enjoyed separate meetings with several colleagues from firms such as Ashurst and King & Wood Mallesons, sophisticated firms that due to recent mergers are larger than my firm (Goodwin Procter.) 

I was very glad of the opportunity to meet people in the Australian legal KM community face-to-face.  I've met a few people at ILTA conferences, and have been generally impressed with the state of legal KM technology and adoption, as presented by those people in various sessions.

Based on that exposure, I have a few observations about the state of the Australian legal market and Australian legal KM.

The Australian economy is quite strong; it has been exporting vast quantities of commodities, primarily minerals, to the growing economies of the Pacific Rim and South Asia. (Recent commodities price drops are a potential challenge, however). The exports have greatly increased the strength of the Australian dollar, and also led to significant growth in the western part of Australia where these commodities are extracted. The impact on the Australian legal market has been twofold; not surprisingly, firms that may have only had offices in Sydney and Melbourne have opened offices in Perth and other western Australian cities; and, a wave of mergers between Australian and international firms has also occurred.

Legal knowledge management as a field is doing well Down Under. Australia adheres to the "Practice Support Lawyer" model, in which experienced attorneys embedded in practice groups devote themselves to knowledge management, as well as client development through activities like client alerts and pitches.  Legal KM practitioners have obtained varying but quite high levels of support within their organizations--for instance, one presentation at the conference addressed one practitioner's success in obtaining billable-hour-equivalent status for km work.  I have already mentioned the advanced state of KM at some of the larger firms.  With the relative strength of the legal industry and the PSL model, there are comparatively large numbers of knowledge managers, from surprisingly small firms; one conference participant had flown in from Western Australia from her firm of less than 80 attorneys.

One area of weakness is a comparative lack of formal and informal structures for Australian legal KM attorneys to meet and get to know each other. There are conferences (obviously), but they are rare and did not seem to provide the social opportunities so important for building trust and sharing.

Touristic Highlights--Sails & Mountains


Sidney is the site of one of the most if not the most famous building in the world--the Sidney Opera House. I first encountered it the day I flew into Sidney after a grueling 14-hour flight from San Francisco (and 24 hours of travel). I viewed it from afar, walked up close that day and other days, took the official tour, and to top it all off, attended a wonderful performance of Puccinni's most popular opera "La Boheme" (featured in “Moonstruck”) my last full day there. 

The Opera House may be popular and famous, but it is not overhyped. Its setting on a point of land jutting out into Sidney Harbour and in front of the SidneyHarbour Bridge--itself a major landmark on the scale of the Golden Gate Bridge--is spectacular.  The white / tan "sails" take on light and colour from the surroundings while serenely projecting modernism and sophistication; they can resemble barnacles, feeding whales, or schooner sails, and look different from every angle and at every time of day.  As a musician, it is  a point of pride that this magnificent building is also a major cultural institution, with *five* performing arts halls, most notably the huge Concert Hall and the surprisingly smaller Opera Hall, and a robust schedule of classical music, modern dance, and children's theater performances.   Definitely one for your "bucket list."
 

 
 Another highlight was a day trip to the Blue Mountains.  I took a very reasonably-priced tour in a van (with 14 other tourists) to this ecologically unique area, featuring a plateau, rainfalls, a semi-tropical rainforest, and, oddly enough, quaint English-style garden villages.  Australia has utterly unique wildlife, and a 50,000 year-old aboriginal culture, both of which I got to see up close (see this and this).  As an ecologist's son, I would have liked to spend more time in the rain forest, but we had some older folk with us and that was not to be.  Next time.

Personal Highlights--Have Violin, Will Travel

A major feature of my personal life (OK, OK, "hobby") is extensive experience as a classical chamber musician, performing and playing on violin and viola. I tapped into some existing connections to the Sidney amateur chamber music scene, and also used the "Chamber Music Network" to set up two string quartet sessions with local musicians after the conference.

Playing string quartets at a high level is like re-creating a transient work of art, and usually is a bonding experience. These sessions did in fact give me a chance to get to know people such as a math professor (viola), a sewing shop manager (viola and cello), and a Sidney Harbour Park naturalist (cello), as well as enjoy reading through Beethoven, Mendelssohn, and Haydn quartets.  I'm not antisocial, but neither am I the type of person that can walk into a bar and get to know people quickly, so it was great to be able to meet Australians I already have a lot in common with and make some music at the same time.  

The trip as a whole was marvelous and thought-provoking. It felt like a once-in-a-lifetime event, but I would do it again in a heartbeat, perhaps next time with family along. 

Wednesday, July 24, 2013

Boston Legal Innovation Meetup and "Tech-Enhanced Legal Services"


Last Thursday July 18th I attended the 2nd Boston Legal Innovation Meetup, hosted at the Suffolk University Law School and sponsored by that school’s Institute on Law Practice Technology and Innovation (“SILTI”). Adam Ziegler, former Goodwin Procter associate and now start-up innovator at Mootus, organized the event, titled “Tech-Enhanced Legal Services,” and featuring a broad range of experienced legal innovators. (Bob Ambrogi covered the first event).

I am pleased to see this series of meetings get organized, and am also very happy to see legal innovation / legal technology programs launched at two Boston-area law schools. In addition to the program at Suffolk, which started in the 2012-2013 academic year, my former Bingham McCutcheon colleague Dan Jackson is directing a program called “NuLawLab” at Northeastern School of Law. These programs join only slightly more established programs at Georgetown Law School (see the ILTA KM Blog on Iron Tech Lawyers) and at Columbia University, inter allia (Richard Granat identified 13 such programs in May 2013.)

My understanding is that Adam and the other organizers are looking for ideas for future meetups. Contact him at LawInno , the hashtag for the event going forward is #lawinno. 

The meeting showcased Andrew Perlman’s Google Glasses; document assembly expert Marc Lauritsen; document assembly vendor Terry Lee of Exari, and LawWithoutWalls Miami University professor Michele DeStefano. 

Google Glass At Work

The meeting started off an appropriately geeky note. SILTI’s leader Andrew Perlman demonstrated Google Glass, the mini-computer masquerading as a chunky pair of eyeglasses. Once the Bluetooth connection to the projector was set up he demonstrated voice commands, taking pictures, taking video, Googling the next Red Sox - Yankees game and Googling images of Niagara Falls. It also has built-in messaging and, appropriately for wearable computing, can provide turn by turn directions to Quincy Market.

He proposed several uses for this technology in legal academia. He'll be using it in his legal teaching by providing another way for students to ask questions.  He proposes that they could also be used in a legal clinic where the pretend client would wear Glass and record the law student taking the "client" interview. 

In legal practice, he suggests that another possible application would be to use it to record a deposition and have a Google Hangout going where other lawyers view the deposition and make suggestions through Glass, potentially saving client spend on lawyer travel.

The Document Assembly Landscape

Marc Lauritsen next spoke and gave a sweeping overview of the document assembly, automation, and management area, its past and future. Marc teaches "Lawyering in Age of Smart Machines" at SILTI and has his own document automation consulting operation, and is a very well-informed practitioner of this art.

Mr. Lauritsen analogized the recent history of document assembly to the "Cambrian Explosion" that led to a wild diversity of primitive marine life 500 million years ago. There was a comparable explosion of document automation companies over the last fifteen years; the market remains small in comparison to the market for legal technology generally, but has matured in terms of the number of players.

Document automation includes creation, analysis, and management of documents. Document creation includes power drafting and auto assembly.  Analysis might include disassembly of clauses within an document, or validation, or meaning extraction. Document management might include storage and tracking of the documents themselves, or of the legal obligations therein.

Mr. Lauritsen mentioned that the remaining document automation vendors cover a wide range of use-cases:

·         Content Bundles such as Smokeball (for small law firms)
·         Legal Services—LawHelp (there is huge latent demand for intelligent legal documents serving middle- and lower-income people).
·         Automated Legal Reasoning—Neota Logic
·         Document Analysis / Benchmarking—KM Standards
·         Software Management-style Document Assembly--CommonAccord

Going forward, Mr. Lauritsen suggested that there will be innovations in collaborative online drafting, with intermixture of freeform drafting and Q & A. Computers might suggest reuse of a clause, or might raise an alert when a drafter attempts to define a term already defined. The growth of interactive systems will change the nature of practice. (Ed.—his thoughts here reminded me of Kasparov's notes about computer-assisted chess, where amateurs working with three weak computer programs were able to beat grandmasters playing without computers as well as the most powerful chess-playing computers playing alone).

Are we free to code the law?

Mr. Lauritsen has recently written on the legal implications of online legal software. Should it be suppressible as the unauthorized practice of law?  Mr. Lauritsen has forcefully argued that it should not.

A Vendor’s Perspective On Document Automation

Terry Lee spoke about the development of a successful document automation company, Exari. While I knew that Exari is a serious competitor in the law firm document assembly market, I confess I was surprised at the extent to which its services have been adopted outside of legal organizations such as law firms, and at the major drivers for its adoption.

Exari started out in Australia, then it went to London; then the big banks realized they needed auditable ways to create documents.  They work with 15-20 of the largest firms, but their clients also include large banks which use Exari for onboarding documents and the like. The prime driver is auditability and control rather than efficiency (though it is more efficient).  Most of the time lawyers are involved, but the market has expanded well beyond law firms and legal organizations; They've automated non-disclosure agreements. 

A collaborative portal allows two people to work on a document at the same time.  There's been some talk about collaboration at the industry level. Exari is all .xml behind the scenes. It is all browser-based, with creation, editing, and approving documents all possible through iPads and the like.

Mr. Lee described a typical adoption process for Exari. It might start with in-house lawyers using the forms; then lawyers getting the people in the line of business to use the forms; then the line-of-business people getting the corporation's clients or vendors to fill out the forms. 

Document automation in smaller firms is often integrated with practice management software.  Exari doesn't itself provide practice management software or target smaller firms.

Exari has partnered with Vermont Law School to develop a course on how to use document automation; they've hired the first person to come out of that program. 

Who Should Innovate? Legal Practice vs. Legal Education vs. Legal Vendors

Prof. DeStefano founded the “LawWithoutWalls” program at the Miami University School of Law.  She has a very unusual background with a combination of non-legal advertising experience, legal practice, and academic excellence.

She suggested that legal educators and legal practitioners are blaming each other for the legal industries’ failure to innovate and meet clients’ 21st century needs, with questions like “When are legal educators going to train young people to be 21st century lawyers?” and “When will practicing lawyers start to innovate?” Rather than mutual finger-pointing, she argues for cooperation between the academy and practitioners to develop young lawyers and legal technologies that will meet future needs. She calls for more permeability between law providers and law schools, and also law-related service providers like Exari.

An example of that permeability is her program’s partnership with the international “Magic Circle” firm Eversheds, where that firm provides funding and expertise and obtaining opportunities for its lawyers to work with legal innovators and law students. She believes that an LPO will likely partner with a law school. 

Despite vast and continuing improvements in technology, there will still be economic activities like litigation funding that people with law degrees will be able to do better than others. 

Prof. DeStafano acknowledges that we don’t know what the entire range of future legal careers will be. How can we train lawyers for jobs that haven't been created yet? She suggests that students need to learn higher-order skills such as cultural competency or creating a business plan through attempting them, though they may fail at first.

Networking & Next Event

As can happen at meetings with a lot of bright people from diverse backgrounds, the chance to chat in small groups afterwards was one of the most enjoyable aspects of the event. I talked to a former Microsoft in-house counsel (who was friends with my University of Michigan law school roommate), a solo practitioner who is moving into coaching startups on IP issues (and who blogs), Suffolk Law School deans, an experienced elder law attorney; and others.  My thanks to Suffolk for the generous donation of space and after-event food.

The next Boston Legal Innovation Meetup will be hosted by Northeastern School of Law on Wednesday September 11, 2013, and is titled “Legal Design: What Can Lawyers Lean From Design Thinking?” The event is public; simply obtain a meetup account and join the event (and group). 

Thursday, June 27, 2013

"New Professions Materialize For JDs" Article Published

I'm pleased to announce that my article "New Professions Materialize for JDs" in ILTA's Peer-to-Peer magazine has been released.  It addresses four career paths for people who have law degrees but do not have a desire to practice law, in the areas of knowledge management (of course!), practice / group management, pricing, and staffing. 

Unfortunately I have to admit that I had nothing to do with the charming goldfish motif.  Enjoy.