Data Literacy: A Critical Skill for Legal Professionals
The legal profession is undergoing a seismic shift, driven by the explosion of data and the adoption of sophisticated Generative AI technologies like OpenAI's GPT-4. Legal teams are no longer just advisors on regulatory compliance or dispute resolution—they are now key players in data governance, risk management, and strategic decision-making. As data increasingly underpins every facet of business operations, general counsels (GCs) and legal professionals must develop the skills to interpret, analyze, and leverage this data effectively. This isn’t about becoming data scientists but about equipping legal teams with the necessary data literacy to navigate this new terrain confidently. Data literacy isn’t a buzzword; it’s a fundamental skill set that empowers legal professionals to handle complex challenges like data privacy compliance, AI bias assessment, and contract analytics. As the lines between legal and technological landscapes blur, mastering data literacy enables legal teams to deliver more precise, proactive, and strategic guidance. Let’s delve into why data literacy is a game-changer for modern legal professionals and how it transforms the role of legal teams from reactive enforcers to proactive business enablers. Why Data Literacy Matters The intersection of legal tech and data creates both opportunities and challenges. To truly leverage these opportunities, legal professionals must take specific, actionable steps toward becoming data literate. This means moving beyond understanding why data literacy matters and actively integrating data-driven practices into daily legal work. Here’s how data literacy transforms legal practice and what you can start doing today. 1. Enhancing Data Privacy and Compliance With regulations like the GDPR and CCPA setting high standards for data privacy, legal professionals must develop a hands-on approach to interpreting complex data privacy reports. This involves more than just skimming through compliance dashboards; it requires diving into how data is collected, processed, and stored. Legal teams should start by actively participating in their organization’s privacy audits and requesting detailed reports from data management teams. Beyond reviewing these reports, legal professionals should schedule regular cross-departmental meetings to discuss potential vulnerabilities and collaborate on solutions. A proactive GC might take the initiative to create a "data privacy task force" within the legal team, ensuring continuous monitoring and swift action in response to new regulations or detected breaches. Engaging in simulated breach scenarios can also prepare teams for real-world incidents, enhancing their ability to respond effectively under pressure. 2. Leveraging Litigation Analytics Litigation is data-intensive, and making sense of this data is crucial for managing risks effectively. GCs and their teams should begin by gathering and analyzing historical litigation data, not as a one-time exercise but as an ongoing practice. Start by setting up a quarterly review of all litigation data to spot trends—this might reveal patterns like a surge in employment-related lawsuits or shifts in IP case outcomes. To transform insights into action, GCs should develop tailored litigation strategies based on these findings. For instance, if employment litigation is on the rise, they could implement targeted training programs or policy changes to mitigate future risks. Additionally, they should engage directly with litigation support teams to ensure they understand the data's context and implications, which can inform both legal strategy and resource allocation. 3. Optimizing Contract Management Contract management can be streamlined significantly through the use of AI-driven legal tech tools, but these tools are only as good as the professionals interpreting their outputs. Legal teams should take an active role in customizing contract analytics tools to align with specific business needs. Begin by identifying the most common contract issues or risks within the organization, such as non-standard clauses or compliance lapses, and configure the analytics tools to flag these automatically. Legal professionals should also establish a routine for reviewing AI-generated insights—monthly or quarterly contract audits can ensure continuous improvement. Additionally, they can initiate training sessions with procurement and sales teams to ensure everyone understands the insights these tools provide, fostering a culture of data-driven decision-making throughout the organization. 4. Streamlining E-Discovery E-discovery is a complex, data-heavy process that benefits enormously from a structured, data-literate approach. Legal professionals should actively participate in the selection and evaluation of e-discovery tools. Rather than relying solely on IT or external vendors, GCs should lead the charge in testing and optimizing predictive coding and machine learning tools. To take this further, legal teams can create a feedback loop where they regularly assess the accuracy and efficiency of the e-discovery process, adjusting their approach as needed. This might involve conducting periodic "post-mortems" on e-discovery projects to identify what worked, what didn’t, and how processes can be improved. Legal professionals should also advocate for training in these tools for their entire team, ensuring everyone involved in litigation is adept at managing and interpreting e-discovery data. 5. Driving Efficiency with Legal Operations Metrics Operational metrics provide a goldmine of information for improving the efficiency of legal departments. Legal professionals should not wait for quarterly reports to assess performance. Instead, they should implement real-time dashboards that track key metrics such as case resolution times, legal spend, and workload distribution. Regularly scheduled check-ins—perhaps bi-weekly or monthly—can help teams stay on top of these metrics and make necessary adjustments. Beyond monitoring, GCs should lead efforts to optimize workflows based on this data. This might involve reallocating resources to balance workloads more effectively or renegotiating vendor contracts to reduce costs without sacrificing quality. Encouraging a culture of transparency where team members feel empowered to suggest data-driven process improvements is also crucial for long-term success. 6. Mitigating AI Bias As organizations increasingly adopt AI, addressing potential biases becomes a legal imperative. Legal professionals should actively engage with bias detection tools, taking the time to understand the nuances of their reports. This is not a one-off task but an ongoing responsibility that requires consistent vigilance. GCs should spearhead initiatives to conduct regular bias audits, particularly in areas where AI is making critical decisions, such as recruitment or customer service. Collaborating closely with data scientists and HR teams, they can ensure that bias mitigation strategies are implemented effectively. Legal teams should also advocate for transparent reporting on AI decisions, pushing for accountability and ethical AI use throughout the organization. Building Data Literacy in Legal Tech Developing data literacy requires a deliberate and ongoing effort. Legal professionals should take advantage of every opportunity to deepen their knowledge and apply it in practical ways. Here’s how to get started: Invest in Training and Education: Don’t wait for formal programs to come to you. Seek out courses and workshops on data analytics and AI. Consider attending legal tech conferences, participating in online bootcamps, or online legal education programs. Foster Cross-Departmental Collaboration: Regularly collaborate with data scientists, IT teams, and other departments to understand how data flows through your organization and how it can be better leveraged. Create a Culture of Experimentation: Encourage your team to experiment with data tools and analytics. Start small with pilot projects and expand as you gain confidence and insight. Commit to Continuous Learning: Stay current with the latest advancements in legal tech. Join industry forums, subscribe to legal tech publications, and participate in webinars to keep your skills sharp. The Strategic Advantage of Data Literacy Incorporating data literacy into the legal tech function doesn’t just improve legal operations—it transforms them. By becoming data-literate, legal professionals can proactively manage risks, optimize processes, and drive strategic decision-making across the organization. This shift from reactive to proactive legal practice not only enhances the value of the legal team but positions it as a cornerstone of business success in the digital age. Further Resources and Reading To further your journey into data literacy and its application in legal, consider exploring these resources: " The Legal Tech Ecosystem " by yours truly – An insightful exploration of how technology is transforming the legal profession. " Data-Driven Law: Data Analytics and the New Legal Services " by Edward J. Walters – A deep dive into how data analytics is reshaping legal services. Legal Conferences – Events like ILTACON , CLOC Global Institute , and ABA TECHSHOW provide hands-on learning and networking opportunities. Online Courses on Data and AI – Platforms like Hotshot Legal , Praktio , Coursera , and edX offer valuable courses tailored for legal professionals. Legal Blogs and Podcasts – Stay informed with blogs like Artificial Lawyer and Law Next and podcasts such as The Legal Ops Podcast and Dear Legal Ops . Colin S. Levy is a lawyer, speaker, and author of the book The Legal Tech Ecosystem . Throughout his career, Colin has seen technology as a key driver in improving how legal services are performed. Because his career has spanned industries, he witnessed myriad issues, from a systemic lack of interest in technology to the high cost of legal services barring entry to consumers. Now, his mission is to bridge the gap between the tech world and the legal world.
Transforming Client Engagement: How AI is Revolutionizing Your Law Firm’s Efficiency
Leverage AI agents to automate client intake, document management, and communication, allowing legal teams to focus on what matters most. The legal industry is undergoing a profound transformation, with artificial intelligence (AI) playing a pivotal role in reshaping traditional processes. In a law firm, one of the most time-consuming and resource-intensive tasks is client engagement—gathering client information, obtaining case facts, and organizing supporting documents. This process, while critical to a successful outcome, can often overwhelm attorneys, particularly those managing numerous cases. Enter AI, specifically large language models (LLMs) and AI agents, which are revolutionizing how law firms handle client intake and case management. By automating these processes, AI agents can significantly reduce the time spent on routine tasks, allowing attorneys to focus on legal analysis and strategic thinking. This article explores how AI can streamline client engagement in law firms, from collecting case details to organizing and summarizing information for easy attorney review. The Role of AI in Client Engagement Client engagement traditionally involves numerous interactions, from the initial consultation to gathering relevant documents and case details. Attorneys typically spend considerable time sorting through client communications, manually requesting missing information, and organizing materials for review. However, AI agents, powered by sophisticated LLMs, can automate these repetitive tasks, making the process faster and more efficient. Here’s a closer look at how AI can help at each stage of client engagement: Using AI Agents to Collect Client Information One of the most powerful applications of AI in legal practices is its ability to serve as a “virtual assistant” for attorneys. In the client engagement process, AI agents can interact directly with clients to gather critical information and documents, without the need for attorney involvement at every step. How It Works: Automated Questionnaires : AI agents can initiate contact with clients by sending automated questionnaires tailored to the specific case type. These questionnaires ask the right questions to extract key details relevant to the case, such as names, dates, events, and case-specific facts. AI-driven conversations are intuitive, allowing clients to provide detailed responses in natural language, making the process smoother. Document Requests : In addition to collecting basic facts, AI agents can request supporting documents, such as contracts, medical records, or financial statements. Clients can upload these documents through a secure portal, and the AI can automatically read, organize and categorize them. Client Follow-Up : If any essential information or documents are missing, the AI agent can follow up with the client to request the necessary materials, reducing the administrative workload for the attorney. By using AI to manage this initial phase of client intake, law firms can save valuable time and improve the client experience. The process is seamless, with clients receiving prompt responses and guidance on what information is needed. Organizing and Summarizing Information Once the relevant client information and case materials have been collected, another AI agent can take over to organize and summarize the data. This reduces the time attorneys spend reviewing documents and ensures they have a clear, concise overview of the case before diving deeper. Examples: Document Categorization : The AI agent can sort through client-submitted documents, categorize them based on type (e.g., contracts, emails, financial records), and flag any documents that require further review. Summarizing Key Facts : One of the most valuable features of AI agents is their ability to summarize large amounts of information. For example, if a client provides a lengthy written statement or a large number of documents, the AI can summarize the key points, extracting the most relevant facts, dates, and case-related details. This allows attorneys to get up to speed quickly without needing to comb through every document manually. Creating Case Briefs : In some instances, the AI agent can go beyond simple summarization and create a structured case brief. This brief might include a timeline of events, key parties involved, important legal issues, and a summary of relevant documents. With a well-organized brief in hand, attorneys can make more informed decisions and plan their legal strategies more effectively. Enhancing Attorney-Client Communication One of the challenges attorneys face during client engagement is maintaining clear and consistent communication. Clients often need to provide clarifications or additional information as the case progresses. Traditionally, this involves numerous back-and-forth exchanges, which can be time-consuming. AI agents can simplify this process by acting as an intermediary. Examples: Clarification Requests : When an attorney reviews the initial case summary or client-submitted documents and needs more details or clarification, they can instruct their own AI agent to request specific follow-up information from the client. The AI agent can craft a tailored request, asking precise questions to fill in any gaps. Ongoing Client Updates : AI agents can also manage ongoing communications with clients, sending updates about case progress or reminders about upcoming deadlines. This ensures that clients stay informed while reducing the administrative burden on attorneys. By utilizing AI agents to enhance communication, attorneys can improve responsiveness to client needs, ensure nothing falls through the cracks, and deliver better service without being bogged down by administrative tasks. Benefits of AI for Law Firms Integrating AI agents into your law firm’s client engagement process offers several benefits that go beyond time savings: Increased Efficiency : With AI handling the more routine aspects of client engagement, attorneys can focus their energy on higher-level legal work. This increased efficiency can lead to shorter case timelines and faster client resolutions. Reduced Errors : AI agents are programmed to consistently follow up with clients, ensuring that no information is overlooked or forgotten. This can lead to more accurate case documentation and reduce the risk of human error. Cost Savings : Automating the client intake and document management process can reduce overhead costs, as fewer administrative staff are needed to manage these tasks manually. For smaller firms or solo practitioners, this can be a significant competitive advantage. Improved Client Satisfaction : Clients expect quick and efficient service from their attorneys. By leveraging AI agents to manage the early stages of client engagement and keep clients informed, law firms can provide a more seamless experience, leading to higher client satisfaction and retention. The Future of AI in Law The use of AI in law firms is still in its early stages, but the potential is vast. As LLM technology continues to improve, AI agents will become even more capable, handling increasingly complex tasks and providing more sophisticated analysis. While AI won’t replace attorneys, it will undoubtedly become an essential tool that enhances legal professionals’ ability to provide high-quality service more efficiently. In the future, we can expect AI to take on even more roles in law firms, from legal research and contract drafting to predicting case outcomes and recommending legal strategies. Law firms that embrace AI now will be well-positioned to lead in the future, offering superior client engagement and legal services.= Conclusion AI agents are transforming the way law firms handle client engagement, providing a streamlined, efficient process for collecting information, organizing case materials, and improving attorney-client communication. By adopting AI technology, law firms can reduce the administrative burden on attorneys, improve client satisfaction, and ultimately deliver better legal services. Embracing AI is not just a competitive advantage—it’s becoming a necessity for modern law practices. – Hans Guntren is an experienced technology executive, product strategist, and founder with a strong background in digital transformation and a passion for using technology to address real-world problems. As Co-Founder of Deliberately.ai , Hans is dedicated to using AI to enhance the client engagement process for attorneys. Deliberately.ai employs advanced AI agents to gather and organize client information, summarize documents, develop situational awareness of cases, propose legal strategies, assess risks, design settlements, facilitate negotiations, and prepare court documents. By streamlining these processes, Deliberately.ai enables attorneys to focus more time and energy on strategic, high-value work.
Embracing the Future of Legal Tech: Insights from Clio, AI, and the Power of Legal Transformation
The legal profession is at a critical inflection point. The forces of technology, particularly AI, are fundamentally reshaping how law is practiced and experienced. I had the privilege of sitting down with Jack Newton , Founder and CEO of Clio , at the Innovate Legal Summit 2024 in London for a special recording of the Legally Speaking Podcast . Our discussion illuminated the role AI is playing in transforming the legal profession—and why it’s crucial for firms of all sizes to embrace this shift. Jack’s powerful statement set the tone for what may become a defining principle for the next decade: “AI won’t replace lawyers—but lawyers who use AI will replace those who don’t.” This message resonated throughout the summit, capturing the urgency and potential of integrating AI into legal practice. For law firms that want to stay competitive, this isn’t a matter of convenience—it’s a matter of survival. The AI Revolution in Legal Practice The summit, held at the stunning Canada House, was the perfect venue to explore the future of legal technology. Jack’s keynote presentation made it clear: AI is a force multiplier for legal work, allowing legal professionals to automate repetitive tasks, analyse vast amounts of data, and enhance client experiences. But even more importantly, AI is breaking down barriers to access justice, making legal services more affordable and scalable for firms and clients alike. In recent years, technologists have been convincing the legal community to adopt cloud-based solutions. Today, that conversation has flipped. Lawyers themselves are now driving demand for AI tools, recognising that the technology is not just an option but a necessity for delivering high-quality legal services in the 21st century. Clio's Vision for AI and Legal Transformation Under Jack’s visionary leadership, Clio is leading this legal tech revolution. Their record-breaking $900 million Series F funding will enable Clio to further develop its AI capabilities and make these tools more accessible to small and mid-sized law firms. These practices, often underserved by tech innovation, stand to benefit significantly from AI-driven solutions that help them compete on a level playing field with larger firms. The future of legal tech doesn’t just lie in developing smarter tools—it lies in developing ethical tools. During our conversation on the Legally Speaking Podcast (listen here), Jack emphasised the importance of ethical AI development, particularly in a profession where trust, privacy, and confidentiality are paramount. Clio’s commitment to building AI tools that are both powerful and ethical is shaping the future of legal tech and helping the profession navigate this critical digital transformation. Piers Linney on AI: A "Once-in-a-Species Opportunity" Another keynote speaker who left an indelible mark on the summit was Piers Linney, former Dragon’s Den (Shark Tank) investor and Co-Founder of Implement AI. Piers captured the audience’s imagination with his description of AI as a “once-in-a-species opportunity.” His insights on the transformative power of AI across industries, particularly law, challenged every attendee to think about the next steps in their own AI journey. Piers' deep expertise, stemming from his entrepreneurial ventures in AI, technology, and media, added a unique perspective. His company, Implement AI, focuses on leveraging AI to drive intelligent business transformation. His message aligned perfectly with Jack Newton’s vision—those who strategically implement AI today will be the leaders of tomorrow. Piers also emphasised that AI has the potential to democratise legal services, giving smaller firms access to tools that can level the playing field with larger practices, a point that particularly resonated with the audience. Democratising Legal Services and Access to Justice One of the most exciting aspects of the legal tech revolution is how AI is enabling greater access to justice. Smaller firms can now compete with larger, more established firms by using AI to streamline their operations, reduce costs, and offer more efficient services to clients. The scalability of AI allows firms to provide legal support that is faster, more personalised, and more affordable, making legal services more accessible to all. This theme of democratisation aligns with my work as an advisor to Caseguru , a cutting-edge AI-driven platform that simplifies the process of finding and collaborating with the right lawyer. Caseguru uses AI to craft precise case summaries, match clients with suitable legal professionals, and manage cases through an integrated platform. This is just one example of how AI is reshaping the legal profession—making legal expertise more accessible, while helping lawyers focus on providing strategic counsel and delivering justice. The Role of the Legally Speaking Podcast in Leading Legal Innovation As host of the Legally Speaking Podcast, I am committed to facilitating these important conversations and sharing insights from the most innovative voices in the legal world. Our mission is to become the number one legal careers show globally , helping legal professionals at every stage of their journey—whether they’re aspiring lawyers, seasoned professionals, or curious about the future of law. We aim to inspire, educate, and entertain, aligning with Clio’s mission to transform the legal experience for all. On the Legally Speaking Podcast ( listen here ), we delve deep into the role that AI, cloud technology, and other emerging tools are playing in transforming legal practice. The podcast provides a platform for leading figures like Jack Newton and Piers Linney to share their expertise and inspire our global community. It’s a show designed to make legal knowledge accessible to everyone, offering unique insights from legal tech innovators, policymakers, and legal professionals. The Time to Embrace AI is Now The message from the Innovate Legal Summit 2024 is clear: the future of law is here, and AI is at the forefront of this transformation. Lawyers who embrace technology will succeed, while those who resist risk being left behind. AI and other emerging technologies aren’t just tools—they’re catalysts for a new era of legal practice defined by efficiency, accessibility, and client-centred service. As someone deeply invested in building a global legal community, I’m excited to see how AI will continue to drive innovation and make legal services more accessible. Whether through the work being done by Clio or Caseguru the future of law is filled with opportunity for those ready to embrace change. For those eager to explore these themes further, I encourage you to listen to my in-depth conversation with Jack Newton on the Legally Speaking Podcast , where we discuss AI’s transformative potential and the future of legal practice. Join our Legally Speaking Club Discord Community to continue the conversation, exchange ideas, and stay updated on the latest legal tech trends. The future is bright for those willing to embrace it. Together, we can shape the next chapter of legal innovation. Robert Hanna Founder & Managing Director of KC Partners Host of the Legally Speaking Podcast Advisor to Caseguru Advocate for Legal Tech Innovation, and Legal Community Builder
Marketing Legal Services in a World of Empty Promises
"Why don't you write on how to market legal services?" Colin very kindly asked me to write on this topic as I run a law firm, coach other lawyers on living great lives while they run great firms and before that ran a marketing company for lawyers. But here's the thing...I hate this topic. Okay, to be fair, I hate how most people explain this topic. So I swear to you, you will get an answer to this question but in a very different way than normal. But first, I want to explain to you why most of what you have been taught about marketing sucks. When it comes to marketing legal services...who normally talks/presents/explains about this? Marketing companies. Or people who otherwise want to sell you their software/product/service. So they explain to you about how amazing SEO is and why there's so much value with TikTok ads right now, or why you NEED to be making niche content right now. And guess what, they're all right, or wrong, or both, or neither. EVERYTHING is going to work for SOMEONE. But are you that someone? Or even better...is your IDEAL client that someone? This is what almost everyone who wants to sell you their wares misses - is this the right marketing strategy for YOU/your firm/your clients. (title) Your Ideal Client You HAVE to start here. You need to get SUPER deep on your ideal client. So deep someone would call you a creepy stalker if you did it in person. And I will give you two ways to do this 1) think about your current clients, pick you the ones you REALLY love working with and then spend an hour or so thinking about what they all have in common. Did they all come from the same marketing campaign? Were they referred to you by the same person? Do they all have the same specific type of case? Are they of similar ages? Jobs? Genders? Ethnicities? Astrological Signs? I really don't care WHAT they have in common, but I care that we know what it is. Then we focus our marketing to them and people like them and market that way. Or 2) if you don't currently have clients, are making a pivot, or otherwise just hate all your current clients with the fire of 1,000,000 suns (or one Alderaan post Death Star attack)...then you can go this route and answer the following questions. Occupation for ideal client Age Range: Gender (if it matters in ANYWAY) Annual Income Range: Marital status: Married Kids? If yes, what ages?: Education: Are they in any organizations? What do they do on a normal day? Most urgent problem they current have? Biggest Challenge? What do they want? What do they want to avoid? What are the ramifications if the problem continues? What else do they want that is relevant to my legal services? What other options do they have to solve their options? What are their fear with respect to us solving their problems? Who are their enemies? Top Three immediate goals: Why hire us? Or maybe why are we the best choice for THEM? Now use those questions to make a fake person (or an avatar) and target all of your marketing towards THAT person. (title) How Do I Target Them? Great question, that I am glad you asked. You now think about how that person WOULD find a lawyer. Are they going to get on the internet and do a google search? Are they going to ask someone they know, like and trust for a referral? Do they have NO idea they even have a problem and need to be told it's an issue via advertising? Are they consistently showing up to the same place or same group that you also come to, speak to, sponsor, etc. Then once you have the options for location of your marketing...think about what you're really trying to sell them and what they NEED to hear from you. I have a PI firm, but we don't target the same types of people as billboard lawyers. We want fewer cases but with more value in each. So we want people who are blue collar professionals (enough to have a great lost wages claim, but not so much income that they will NEVER go to the doctor). These people tend to be a bit savvier than the billboard lawyer clients...so they might ask a lawyer they already know, or talk to their doctor, or someone else they trust for advice on who to hire. This will help you come up with a LOT of ideas for WHAT you can do...but limit some that don't make sense to YOUR client. (title) How to Narrow It Down Further 1) do you WANT to be involved in your marketing? And if so, how involved? If you HATE talking to other humans...don't start trying to network. If you don't like writing...don't commit to doing your own blog posts. If you can't stand being on video...don't make video content. I know this sounds so simple...and yet...I talk to SOOOOOO many lawyers who genuinely hate HAVING to go do marketing. Let me tell you something my new friends, you should GET to go marketing. 2) what do I WANT to do? When you figure out what marketing you enjoy you will look forward to it. This means you will prioritize it (instead of being busy some months and getting few cases, and then being not busy and doing the marketing and then being busy and stopping it to handle the cases...rinse and repeat). And when you prioritize it you put in the effort. I read 175 books last year, most of which were business/marketing and I LOVED almost every minute of it. And when you are doing what you want to do for marketing then you show up better. You come across more likable. You have that little flair to what you do (even if you don't wear a fun Hawaiian shirt at the time). 3) Can I afford to do enough of this marketing? Now, and ONLY now do I want you to start thinking about the cost. If you do it before this step you will either fall victim to the "it only takes ONE case for this marketing to be worth it" trap OR you will cross off ideas too quickly because that one buddy spends $250,000 a year for PPC and you can't compete with that. If you need cases right now today...how many people can you connect with ASAP that MIGHT need your services (or know someone who might)? 1 for breakfast and lunch? Another for coffee? Maybe a small group for happy hour or golfing...and then when do you find time to do any of the work and still get home to see the family? Or you have $250 to spend and a single click on google is $200, but it usually takes 20 clicks to get one call ($4000). Then only 50% of calls are viable ($8000). Then only 25% will hire you ($32,000 for 1 case). I am TOTALLY making up those numbers (but they're right for someone somewhere). So try and balance your time with your money. If you're already coaching your kids little league team...it might be worth $250 to sponsor the shirts. If you're already known in the community it might be worth hosting a monthly happy hour at your office. If you're already getting some cases from google, it might be worth doubling your ad spend and also uploading photos to GMB. You might have to start small, and that's okay. This is why we already looked at what works for your client (or might work), what you want to do (or at least willing to try), and now we are just budgeting your time and money. Because we want to maximize the impact you have at the beginning to get more leads, to get more cases, to make more money, which you will then reinvest some of it back into your firm. But THIS is how you market legal services without driving yourself nuts or going broke. Jordan Ostroff is many things to many people: Fun Dad, Pretty Good Husband, CEO of Driven Law , Owner of Carpe Diem Consulting , and Big Brothers Big Sisters Board Member. From an early age, Jordan knew he wanted to be a lawyer—even when he didn’t quite know what that entailed. After a stint as a prosecutor, he took the plunge and opened his own firm. With parents who were a postal worker and a substitute teacher, Jordan became the first lawyer in his family. Lacking any business experience, his initial years were a rough ride. Marketing companies saw him as an easy target, taking advantage of his lack of knowledge. Facing a choice between closing his firm and filing for bankruptcy due to a $200,000 debt or learning how to run a successful business, Jordan chose to learn. This steep learning curve eventually led to a 400-day cross-country trip with his family, during which his firm had its best year yet. Now, Jordan manages Driven Law, focusing on personal injury cases and helping injured victims get the recovery they deserve. His firm prides itself on providing top-level legal work, maintaining a low volume of cases but offering high levels of care and compassion. Jordan works three days a week, typically 20-25 hours, while his firm continues to thrive. This journey inspired him to write the best-seller "Love Your Law Firm: A Roadmap to the Firm You've Always Wanted," aiming to help more lawyers find joy in their work and better serve their clients. But that wasn’t enough. Jordan launched Carpe Diem Consulting to work one-on-one with other lawyers, diving deep into their true desires and crafting a plan to achieve them. He helps them build a law firm they can be proud of while living an even better life. When not steering his companies or traveling with his family, Jordan gives back to his community, spends time with people he cares about, and even gets in a round of golf (disc or stick) or a few games of pickleball. Jordan’s life motto? " High Seas Raise All Boats "—we are stronger together, and together we can make the world a better place.
The Strategic Evolution of Corporate Legal Operations
Corporate legal operations is no longer just about keeping the legal lights on. It's about driving the department like a well-oiled machine, using data-driven strategies to reduce costs, boost efficiency, and align perfectly with business goals. Think of legal operations professionals as the architects of the legal world, creating systems and processes that set their companies up for success. They navigate the often-choppy waters of legal landscapes to protect company interests while also paving the way for growth. Legal operations has evolved significantly, driven by technology, alternative providers, and data-driven decision-making. Automation of high-volume tasks enhances productivity, while alternative providers bring specialized skills to the table. Today’s legal teams include roles like data analysts and technical architects, reflecting the demand for actionable insights from organizational data. These advancements enable legal teams to meet modern challenges with informed strategic advice. People Operations and Strategic Planning At the heart of any successful legal team is its people. Strategic planning in legal operations involves acquiring top talent, fostering a positive culture, and creating career frameworks that allow employees to grow. It’s about more than just filling seats—it's about finding professionals who not only excel in their roles but also embody the company’s values. A strong culture promotes collaboration and high performance, while clear career pathways align employee aspirations with the company's direction. By investing in diversity, equity, and inclusion, legal operations can better meet the diverse needs of their customer base, drive innovation, and enhance recruitment efforts. Knowledge and Risk Management In an age where information is king, managing legal knowledge and mitigating risk is crucial. Legal operations teams leverage technology to manage vast amounts of information efficiently, ensuring that they can provide timely and accurate advice. Risk management isn't just about reacting to crises; it involves proactive assessments and planning to ensure compliance with legal and regulatory standards. Tools like artificial intelligence and data analytics play a vital role in managing risks comprehensively, improving decision-making, and protecting the company’s interests. Outside Counsel and External Initiatives External partnerships are vital to any legal department. Legal operations teams are responsible for selecting the right outside counsel, negotiating contracts, and tracking performance to ensure value. These partnerships bring in specialized expertise that can scale with the company’s needs. Building relationships with educational institutions and industry groups not only aids recruitment but also boosts the company’s reputation. Standardizing the management of these partnerships ensures consistent and optimized value delivery. Financial Planning and Spend Analysis Money matters, especially in legal operations. Detailed budgeting, activity-based costing, and meticulous spend oversight are key to aligning legal objectives with financial responsibility. Legal ops teams use advanced analytics to gain granular visibility into all expenses, ensuring every dollar is accounted for. This financial rigor supports sustainable decision-making and helps the department remain accountable and transparent. Technology and Data Analytics Technology is the backbone of modern legal operations. From practice management software to contract lifecycle tools and e-discovery applications, technology streamlines key activities. Artificial intelligence can handle high-volume tasks like contract review, while virtual assistants manage routine requests. Data analytics provides visibility into performance, with dashboards that highlight volumes, outcomes, and trends, enabling continuous improvement. Project Management and Practice Operations Methodologies like Agile and Lean are becoming staples in legal operations, improving quality and productivity. Technology aids in task prioritization, resource allocation, and collaboration, while standard operating procedures ensure consistency. Effective project management and disciplined operations are critical for delivering enterprise value and making informed strategic decisions. Essential Skills and the Future of the Legal Operations Profession Success in legal operations requires a blend of legal expertise, business acumen, strategic thinking, and interpersonal skills. Professionals in this field understand both the legal landscape and corporate operations, using their vision and data insights to identify opportunities for improvement. By collaborating with diverse stakeholders, they build relationships that drive enterprise success, balancing efficiency with risk management. The future of legal operations is exceptionally promising. The 2023 ACC Chief Legal Officer Survey highlights this rapid growth, revealing that more than six out of 10 legal departments (61%) employed at least one legal operations professional in 2023—a figure that has nearly tripled since 2015 [1] . As businesses increasingly demand optimized legal services, the value of legal ops professionals skilled in emerging technologies like artificial intelligence and machine learning will continue to rise. By focusing on operational excellence and data-driven strategic advice, legal operations will play a crucial role in balancing legal obligations with business priorities, ensuring organizational resilience and growth. Corporate legal operations are about much more than managing the day-to-day legal tasks. It's a strategic function that optimizes legal departments, balances compliance and cost, and drives business success through a focus on people, knowledge, risk, external partnerships, finance, technology, and disciplined operations. As the demand for efficient and effective legal services continues to grow, so too will the importance and influence of legal operations professionals. Tom Stephenson is the Vice President of Community at Legal.io , spearheading operational and growth strategies through community engagement for the fastest-growing legal staffing & ALSP marketplace (60% FAANG & 200+ enterprise teams). His previous roles include Director of Legal Operations at Credit Karma and the first legal operations executive at Teladoc Health, where he played a key growth role while supporting the largest M&A transaction in virtual care history. With over a decade of varied roles within the legal & tech industries, Tom has worked alongside global law firms, Fortune 500 corporations, technology startups, and alternative legal service providers to address issues impacting today's evolving corporate in-house and law firm workplaces. As the founder of the Dear Legal Ops podcast, he shares insights and fosters a sense of empowerment for the next generation of legal & tech professionals. A speaker at Harvard Law School and published author , Tom embodies a lifelong commitment to education, fostering the growth of emerging leaders, and sparking innovations across diverse industries. [1] https://www.acc.com/resource-library/2023-chief-legal-officers-survey
ChatGPT-4o Is My Super-Thesaurus
I love to write. I identify as a writer over my “fancier” titles of law professor or lawyer. I journal every morning, engage in legal or academic writing all day, and work on my travel memoir writing most nights. Writing is one of my four well-being pillars (along with boxing, solo travel, and U2 music). But this doesn’t mean writing comes easily. Actually, it’s the cognitive struggle with it that invigorates me. As an introvert, wrestling with ideas, concepts, thoughts—as my pen hits paper or my fingers press laptop keys—helps me vet and test theories and potential solutions to problems internally before I’m ready to articulate them aloud. Writing amplifies my voice. Social media is constantly trying to mess with our writer heads by declaring we’re all nuts if we’re not using Generative AI to write entire books (and all our professional work) in a matter of minutes (or seconds). I don’t want to write my next book at the click of one button. The best part about writing my books has been giving myself the gift of packing a suitcase with research materials, traveling to a place where I must immerse in a language other than English, and sitting down to write five pages a day—no days off—until the (messy) first draft is done. Still, I’m wildly pro-GenAI. Not as a substitute for my writing process, but rather a supplement . Because I like the challenge—mental, physical, emotional—of laying tracks of a first draft, I don’t outsource that step wholesale to GenAI. Instead, I use the tool to turbo-boost my creativity in choosing specific words when I get stuck. ChatGPT-4o is my mot juste maker. My synonym slot machine. My super-thesaurus. My relationship with ChatGPT started in March 2023 when I decided to untangle my fear that my job as a writing professor was in peril (it’s not!), shook hands with the chatbot, slowly began to introduce myself to it, and let it introduce itself to me. The first writing task I ever gave the chatbot was: “Please write me a motivational paragraph in the imaginary voice of U2’s frontman, Bono, to encourage me to write today.” Now, ChatGPT-4o serves as my trusty writing sidekick. It plays an essential role in my inventiveness, productivity, and enthusiasm. As I’m drafting, I engage in an ongoing dialogue with my chatbot about words. It’s my thesaurus on steroids. Here’s what I mean: Memory Booster Sometimes, there’s a word on the tip-of-my-tongue I can’t access, or I’m confusing vocabulary in my head. While I can’t type a whole contextual sentence into a regular thesaurus and have it spit out the exact word I seek, GPT-4o is awesome at responding to questions like the following (without making me feel stupid): · What is the round orb-like thing magicians and witches and oracles consult? · Who usually wields scepters? · Is there a verb that starts with “syn” that means “get in rhythm with a drum”? [Note: There isn’t. I was thinking of syncopate , but that’s different.] · What’s the difference between “iridescence” and “incandescence”? Instead of stalling my writing for minutes—or sometimes for the day!—while I rack my brain for the elusive term I seek, GenAI gives me quick answers to my often convoluted questions so I can stay in “flow.” Sounds and Rhyming If I’m trying to add flair to a sentence through specific sounds, alliteration, or rhyming, I might query: · What are ten words that begin with the letter “f” that mean workable or doable? · What are some words similar to phenomena, situations, occurrences, or happenings that begin with the letter “d”? · What are some synonyms for “shenanigans” that also begin with the letter “s”? · What are some positive three-syllable words that end in “tion”? Context GPT-4o is an absolute boss at generating synonyms for words in a particular context—much more efficient than slogging through a standard thesaurus and weeding out irrelevant applications. (In fact, GPT-4o taught me that “homographs” are words that are spelled the same but have different meanings and possibly even varied pronunciations.) Check out these examples: · What are some other words for “reading” in the context of tarot? · What are some synonyms for “commute” in terms of driving to and from a spot? · What are some alternatives for “stared at,” “scrutinized,” or “studied”—in the sense of looking at passersby? Multiple Words at a Time If I’ve already exhausted my own brain’s word bank and scrapped three or four terms as not jazzy enough for my sentence, I’ll put all my rejects in a query prompting GPT-4o to suggest options I haven’t already thought of myself—not possible with the usual thesaurus! For instance: · What are some synonyms for message, maxim, slogan, or mantra? · What are some alternatives to attire, garb, gear, or wardrobe? · What are some slang terms similar to “snag” or “score” or “land” in the context of acquiring tickets to a rock concert? · What are some words that mean tension or resistance or bracing for something to happen? Tone or Degree or Direction If I desire a word that conveys a particular emotion, attitude, mood, or level of intensity, I’ll ask: · What is a less menacing version of brandishing? · What are some ways of describing a smell as metallic but not in a bad way? · What are some words that mean imploring or coaxing but imply “unsuccessfully”? · What are some light-hearted and non-disrespectful synonyms for meltdown or breakdown or overreaction that begin with the letter “t”? · What is a positive version of “meting”? Is There a Word for This? Sometimes, I inquire if a word exists for something peculiar I’m trying to name: · What is the outside surface of a sphere called? [GPT gave me a boring answer to this one, but the Sphere in Las Vegas dubbed its exterior surface an “exosphere,” so I adopted that term.] · What are the parts of eyeglasses that loop over the ears? · Is there a German word for the reverse of schadenfreud e that means displeasure at someone else’s joy? · Is there a verb to describe the mathematical effect of an exponent? Descriptions Other times, I’m curious if GPT can help me capture evocative details about a smell, a color, a movement, or a sensation. I’ll probe: · How does oxygen smell? · What color is indigo? · What are some interesting verbs to describe how octopus legs or jellyfish tentacles undulate? · How would you describe the beginning of a vibration? Vocabulary Gut Check I have a habit of making up words and usages. Also, I’ll never forget how, when I was thirty years old and had just moved to New York, some famous guy mocked me for getting tongue-twisted and mispronouncing “vigilant” as “viligant.” I have zero qualms about asking my encouraging chatbot sidekick (who will never criticize me): · Is a gulley the same as a valley? [ Answer: no ] · Does “lobe” refer to a part of a heart? [ Answer: no ] · Is syncopy a word? [ It’s not. ] · Is rivalrous a word? [ It is. ] · Is incant a word? [ Yup! ] Grammar Gut Check Similarly, I like using words in weird ways, but if I’m nervous about getting called out by the grammar police, I’ll pose questions like: · Can I use “blemish” as a verb? · Can I use “meander” as a noun? · Is it three euro or three euros? · Does the word lame (as in fabric) have an accent on the “e”? · In marcona almonds, is marcona capitalized? · Is jacuzzi capitalized? · Does Dante have an accent in his name? · In this sentence, do I need a comma after the question mark: “‘Is this for sale?’ I asked a woman behind the desk.” [ Answer: no ] Accuracy In the same vein, sometimes I want to make sure I’m using a word properly. I’ll check: · Is this the right use of “tallied”: “This walk tallied a solid five miles”? · Can I say “I surpassed the chalets” to mean I kept trudging past the chalets to explore another part of a promenade further away? · Can I use “depicts” and “diorama” this way in this sentence: “The Lungomare depicts a diorama of Napoletano culture”? · Can I say “I roiled with bad dreams”? · What are some other ways to describe tripe? Can I say entrails? Or is that not accurate? · Can I call the city of Ercolano in Italy a “hamlet”? Using GPT-4o in this way is fun. I don’t feel like I’m cheating or taking shortcuts in honing my craft. Instead, I feel inspired. I don’t lose momentum as often. I stay in “flow” longer. Paragraphs and pages accumulate. GenAI helps me write more original text, not less. Author Rick Rubin wrote, “The best work is the work you are excited about.” For me, finding that perfect word to pull a thought from my brain and imprint it upon paper—like a fingerprint—is exciting. I can’t wait to read your thought fingerprints too. Professor Heidi K. Brown is Associate Dean for Upper Level Writing at New York Law School. She teaches legal writing and designs workshops, courses, and curricula around “writer identity formation,” including incorporating GenAI tools into writers’ workflow. She is the author of The Introverted Lawyer , Untangling Fear in Lawyering , and The Flourishing Lawyer . For more, check out www.theflourishinglawyer.org or email Heidi at heidi.brown@nyls.edu .
PARAGRAPH GLUE: A MICROSOFT WORD FEATURE EVERY LEGAL USER SHOULD MASTER
First, Microsoft Word does not actually have a feature called Paragraph Glue. That’s just an umbrella term I use to describe two (sticky) features. The first (Keep With Next) will hold one or more paragraphs together on a page; and the second (Keep Lines Together) will hold the lines of a particular paragraph together on a page. To the extent you’re wondering why you haven’t seen the buttons for these features, well that’s because there aren’t any buttons for them. Welcome to Microsoft Word! Important functions a legal user would likely need in just about any document are often concealed. However, that doesn’t mean they are inaccessible. The following is a description of these features, when they’re appropriate to use, and how to utilize them. Keep With Next: Let’s begin with an explanation of the problem this feature resolves. In the screenshot below, you see a very common issue in legal documents which I’d refer to as an awkward page break. I would obviously want paragraph 2.3 to move to the top of page 3 and not be marooned at the bottom of the page 2. Unfortunately, most users try to resolve this issue by adding hard returns (Enter key) or page breaks above the title. To be clear, that technique is only a temporary fix and you should never use that technique again if that’s your typical approach. The problem with those faux fixes is that if the document undergoes further editing and more text is added or deleted above it, you’re likely going to have to remove those hard returns or page breaks later or you’ll end up with gaps/blank pages in your document. You may be thinking, “well I only do that when the document is finalized - so I don’t have to worry about further editing.” Respectfully, that’s still not a valid defense because almost all new documents in law offices are created from existing documents (as templates). Thus, it’s likely that the document you finalized today may be used as a template at some future date, in which case it will undergo further editing. When that happens, the latent defect you created in the original document is likely to show itself. A superior way to deal with this is to simply glue paragraph 2.3 in the foregoing example to any subsequent paragraph so you don’t have to worry about it again and you don’t have to add any hard returns or page breaks. To utilize this feature, you should not select paragraphs 2.3 and (a) although that would seem a logical first step. Instead, you want to focus solely on the paragraph/title/heading you want to glue to a subsequent paragraph. Simply right-click the paragraph/title (Holdover in this case) choose Paragraph from the menu that appears click the Line and Page Breaks tab at the top of the subsequent dialog check Keep with next click OK. You don’t want to select paragraphs 2.3 and sub (a) before right-clicking is because that will glue paragraph 2.3 to (a), and subparagraph (a) to subparagraph (b). If you glue too much text together, I guarantee you’ll start seeing bizarre page breaks in your document. So a little glue is good, but you don’t want it on everything or you’ll have a whole new formatting issue to resolve (random gaps and inexplicable page breaks). As such, you need to be surgical in your application of this feature, and be careful not to apply it where you don’t actually need it. Keep Lines Together: This is a slightly different type of glue compared to Keep With Next. In this case, you’re not glueing one paragraph to another, you just want to hold the lines of a particular paragraph together. For example, you would not want a page break to occur in the middle of the highlighted paragraph below. If you work with footnotes, you may have also seen Word decide to split a footnoteacross multiple pages(and I’ve still never met anyone who wanted one footnote split across multiple pages). This feature solves(and I’ve still never met anyone whowanted one footnote split across multiple pages)that problem as well. If you want to hold the lines of a paragraph together on a page, simply right-click the paragraph/title (holdover in this case), choose Paragraph from the menu that appears, click the Line and Page Breaks tab at the top of the subsequent dialog - check keep page with next - then click OK. Using Both Features Together : "Using Both Features Together: It is often appropriate to use both types of glue together on a block of text. For example, in the foregoing acknowledgment, I want the state and county to stick to the “Be it remembered…” paragraph, I want the lines of the paragraph in the middle stuck together on a page "and I want the paragraph to also adhere to the signature blank for the Notary. As such, I would select/block the entire acknowledgement - right click - paragraph - check both Keep with Next and Keep lines together - click OK. After doing that, the entire acknowledgement will move as a unit and stay together on a page. Make These Features Easier to Access : Interestingly, you can add buttons for thesefeatures to the Quick Access Toolbar or even the main ribbon. How to do that is beyond the scope of this article, but if you already know how to add custom buttons to Word, be advised that although the features are called Keep with next and Keep lines together , the buttons for them are called Para keep with next and Para keep lines together , respectively. If you think it’s ridiculous that Microsoft would alphabetize features that begin with “k” under the letter “p,” well, join the club. Barron K. Henley , a founding partner of Affinity Consulting Group, is a legal technology expert with a diverse background. After practicing law from 1993 to 1997, he transitioned to providing technology services for lawyers. At Affinity, Henley leads the document assembly/automation and software training departments, specializing in automating complex documents using platforms like HotDocs and Contract Express. He conducts technology audits, assists in launching new law firms, and delivers engaging continuing legal education seminars across the US and Canada on technology, practice management, and ethics. Beyond his professional endeavors, Henley is deeply involved in the legal community. He's a Fellow of the College of Law Practice Management and the American Bar Foundation, a member of the Ohio Supreme Court Commission on Technology and the Courts, and Co-Chair of the ABA Joint Law Practice Management Group. Personally, Henley is an enthusiastic cook, preparing all meals for his family at home. He enjoys outdoor activities like hiking and biking with his wife and dog, and has a passion for smart home technology. Despite describing himself as "always in a hurry," he proudly maintains a clean driving record of 37 years.
What can LegalOps Learn from Implementation Science
Introduction In the rapidly evolving landscape of LegalOps, the relevance of integrating advanced methodologies to drive efficiency and innovation has never been more apparent. LegalOps is a much-needed new paradigm that is finding its voice. LegalOps teams, with their unique blend of change management expertise, business analysis, process improvement, legal engineering, legal technology, and now, innovation specialists, particularly with the urgent integration of AI, are defining what it means to deliver legal services effectively. As such, LegalOps roles between organisations differ widely because of the need to straddle these disciplines (I am yet to find a job description which doesn’t require a blend of skills) and great work is being carried out globally to stratify and define roles and responsibilities. We want the same thing One thing that has been evident from the outset and from my experience working in Legal Operations for several years is: the desire to make an impact . This desire is shared by the profession, which is why I (much like Colin) know I belong here. The impact we seek in LegalOps is sometimes crudely framed as a drive for increased profitability-or as many LegalOps teams are regarded as a cost-center-greater efficiency. Through an altruistic lens, impact can mean greater access-to-justice. Holistically it extends to the well-being of the lawyers we serve and by extension providing greater outcomes for our clients. The impact I seek is rooted in a moral obligation to do better : we can, therefore we should. In my own search for strategies to create impact, my curiosity met with serendipity and I was introduced to the methodologies and frameworks of Implementation Science . I hope to show in this article what can be learned from research rooted in public health which is increasingly (and empirically) helping professionals and the communities they serve deliver and assess impact . What is Implementation Science? Implementation Science arose as a response to the gap between medical and health-related innovations and their practical application, engaging professionals and researchers from healthcare, public health, and social services. Implementation Science is used to improve the application of evidence-based practices and innovations with the goal to enhance outcomes (make an impact) by ensuring that effective interventions are not only developed but also correctly implemented and sustained in real-world settings. The discipline has grown on its own merits to show value in other fields such as business, education, change management, process optimization, and stakeholder engagement. Enhancing LegalOps I’m conscious that my journey into LegalOps may reveal my naivety, as experienced change management professionals will readily find common ground here. However, the LegalOps industry will only grow at the necessary speed required by encouraging and welcoming people from a wide range of backgrounds – not just lawyers and paralegals, but professionals from other industries like software engineers, marketers and data scientists. As a lawyer (I’m still a lawyer even if regrettably referred to as a ‘non-lawyer’ if working in business services by some firms), I naturally gravitate towards the precision of language and syntax as tools of delivery. I have discovered that by looking at the language of Implementation Science we can draw parallels and borrow ideas to augment our approach to delivering impact. And, as a lawyer, there is a strong caveat to my opinion in that this does not mean we need to start again—consider this progressive enhancement . There are a number of established methodologies and frameworks which provide strategies for delivery which have strong correlation and sometimes direct overlap with change management in a business context. In the sections that follow, I will delve deeper into Implementation Science, illustrating how its principles can be directly applied to the challenges and opportunities within LegalOps today. Key Principles of Implementation Science The field of implementation science systematically aims to bridge the 'know-do gap'—the disconnect between existing knowledge and practical application—by identifying and overcoming the barriers that impede the adoption of proven health interventions and evidence-based practices. Similarly, in Legal Operations, there is a distinct need to close the gap that exists between both existing and emerging legal technologies and their practical implementation within legal departments. The key principles of Implementation Science are: (a) the use of evidence-based practices; (b) understanding and adapting to context; (c) engaging stakeholders throughout the process; (d) developing and supporting capacity for change; (e) employing iterative cycles of implementation; (f) evaluating progress continuously; (g) ensuring sustainability and (f) dissemination of knowledge. These pillars collectively guide the successful integration of knowledge into practical, real-world applications to ensure effective and sustainable outcomes. After all, long term impact is critical to justify the very real investment law firms are making to our profession. Interventions vs Initiatives A quick note on "interventions". This term is used frequently (but not exclusively) in Implementation Science owing to its place in healthcare settings. The analogous term in Legal Operations, in my opinion, is "initiatives," which encompasses a variety of strategic efforts and programs aimed at improving legal processes, integrating new technologies, and enhancing overall efficiency and effectiveness within legal departments. These initiatives are structured and targeted actions (just like interventions) designed to address the challenges and opportunities in law. Now—back to the pillars. a) Evidence-Based Practice Implementation Science prioritizes the use of interventions that are supported by strong empirical research and evidence. This principle ensures that the strategies and practices implemented are not only theoretically sound but have also been proven effective in practical applications. In Legal Operations, this means understanding ‘what we know works’. So how do we determine what actually drives value in legal services delivery when we are in the midst of exploring what’s possible with new technologies and AI and adopting mature best-practices from other professions such as Finance, Marketing and Accounting? In the absence of scientific research, here are some places to look: - Internal case studies from other departments : draw upon success and best practices in other teams and draw parallels to form your sector strategy. - External success from other firms in your peer network : Benchmark against other organizations within your industry to identify effective practices and technologies that have contributed to their success. (This does require transparency and openness which I will address later). - Industry insights : Regularly review literature from thought leaders and industry-specific research that discuss trends, case studies, and best practices. - Feedback from stakeholders: Gather insights directly from clients, staff (particularly at the coal-face), and other key stakeholders to understand their needs and the effectiveness of current practices. - Professional networks and conferences : Engage with professionals at industry conferences or through professional networks to learn about innovative practices and real-world results. We are fortunate to have a growing number of dedicated events where we can connect and learn – adjust your budgets accordingly! b) Contextual Adaptation In Implementation Science, the principle of contextual adaptation is central to the successful integration of change efforts. This principle acknowledges that each intervention must be customized to align with the specific cultural, organizational, and environmental contexts of the setting where it is being applied. Implementation Science differentiates between two contexts: inner and outer. - Inner context refers to factors internal to the organization, such as the prevailing culture, governance structures, available resources, and the existing skill sets. These elements can significantly influence how an intervention is received, implemented, and sustained. For example, an organization with a strong culture of innovation and teamwork may more readily adopt new health interventions compared to one with a rigid, hierarchical structure. The inner context in LegalOps might include the department’s strategic alignment with the broader corporate goals (mergers and consolidation in the market impede this), the technology infrastructure in place (particularly across offices), and the staff's willingness to embrace new processes or technologies. For example, a corporate or litigation department that is well-versed in using advanced analytics and / or AI or contract analysis or e-Discovery will be more adept at integrating and capitalizing on new legal tech solutions. - Outer context involves external factors that impact the organization, including regulatory requirements, technological advancements, economic conditions, and broader social and cultural trends. These elements can either facilitate or hinder the adoption and success of interventions. For instance, changes in healthcare policy or funding can drastically affect the implementation of new medical practices or treatments. This is never more apparent than with changes in political leadership at the very top of government. The outer context for LegalOps could include changes in legal regulations (I’m looking at you GDPR), evolving industry standards and expectations (data-driven decision making, remote working and paperless offices) and general market conditions that influence legal practices. Stakeholder Engagement Implementation Science stresses the importance of involving all relevant stakeholders in the planning, execution, and evaluation of interventions. This includes practitioners, clients, policymakers, and community members. One of the primary barriers in LegalOps is resistance to change . For example, despite widespread agreement on the merits of fixed-fees, adoption is slow and uneven both between firms and across departments. Lawyers are unfairly tarred with being rigid and considered to be skeptical of new technology. I don’t believe that is the case anymore, likely there are barriers to innovation in the inner context rather than in lawyers intrinsically. The main barriers to impact are two-fold: finding the time to innovate and knowing what to do. In LegalOps, facilitating stakeholder engagement is pivotal for the successful implementation of new initiatives and technologies. In order to do this, we should actively plan and engage with the following concepts: 1. A Clear, Well-Defined Discovery Process: The initial step in LegalOps often involves a discovery process to identify the specific needs and pain points of all stakeholders. Just like in Implementation Science, it sets a foundation for accurate problem definition, assessing readiness to change, identification of high impact initiatives and anticipating potential barriers—paving the way for smoother implementation and adoption. 2. Feedback Loop : Continuous feedback from stakeholders provides insights into how well the initiatives are working and what adjustments may be necessary. You should expect to course-correct and fine tune often. Share that expectation early. 3. Win Hearts and Minds : Adoption of new practices requires more than just acknowledgment from stakeholders—it requires their enthusiastic support and active participation. LegalOps must work to win over the stakeholders by clearly communicating the benefits and potential early impact of initiatives. We can humanize our successes and attach real people to real progress -- leveraging all measures of impact to secure buy-in. 4. Develop a Culture of Innovation : We could debate whether culture beats strategy. Both are important. Strategy sets the roadmap for innovation whereas culture is the willingness to go on the journey. Cultivating an environment that encourages experimentation (e.g. safe places to explore, particularly with AI) and supports new ideas is vital. This comes from the top (that’s where the buy-in becomes important) where leaders empower staff to be creative, actively valuing or incentivizing experimentation, knowing that their efforts here are just as valuable as their billable hours. c) Capacity Building For Implementation Science, building the capabilities of individuals and organizations to implement and sustain new practices effectively involves training, providing resources, and creating supportive infrastructures. For LegalOps to thrive, it's essential to provide access to training that extends the skills of each team member according to their unique career backgrounds and current roles. A tailored approach to skill development is particularly important in a field as interdisciplinary as Legal Operations, where team members come from diverse professional backgrounds. For example, lawyers transitioning into LegalOps roles may require additional training in technical skills such as data analytics, procurement or software development to effectively manage and leverage legal technologies. Conversely, developers or engineers who move into LegalOps might need to enhance their understanding of legal processes, compliance requirements, or develop business analyst skills to better align technological solutions with legal needs. A tip for smaller teams: where specialization is less feasible due to lower headcount, each member should have a broad set of skills that allow for flexibility and adaptability. For larger teams, specialized roles can be filled by individuals with deep expertise in a specific area, whereas smaller teams rely on each member's ability to perform multiple functions. Engaging with agencies can bridge the knowledge gap,capacity limits and the need for ongoing technical assistance. Extending culture to capacity building looks like encouragement from-the-top for dedicated time for lawyers. This commitment should be reflected in strategy (for lawyers and LegalOps team members) through access to learning resources, mentorship programs, and opportunities for practical application of new skills. d) Iterative Process Implementation science promotes the use of iterative and cyclical processes that include continuous testing, feedback, and refinement of strategies. This adaptive approach allows for adjustments to be made in response to what is learned during the implementation process itself . In Legal Operations, employing iterative, cyclical processes might look like: starting from a software trial or minimal viable product (MVP) and evolving through cycles of continuous testing, feedback, and refinement until full release or roll-out. Managing stakeholder expectations through these stages can be challenging depending on whether you are putting out a fire of unprofitability or building a boat to sail to new markets. Unlike Implementation Science, where there is a proven methodology backed by research that’s gone through a rigorous selection criteria, LegalOps is, to some extent, building-the-plane-on-the-runway. Sunk-cost fallacy has an opportunity cost in LegalOps that can do irreparable damage. The ability to pivot, even after substantial investment, is the sign of a healthy LegalOps team. e) Integrated Evaluation Closely linked to iterative processes, continuous evaluation in Implementation Science involves regular monitoring of outcomes and processes to assess their effectiveness. Continuous evaluation identifies areas for improvement and refinement to the ongoing implementation process. A key component of this approach in LegalOps is the identification and implementation of Key Performance Indicators (KPIs). These KPIs should be thoughtfully selected to what matters: we must look deeper than direct revenue as firms should account for employee turnover, resistance to market cycles and maintaining a competitive advantage. That being said, quantitative metrics from tracking the turnaround time for legal documents to assessing the accuracy and impact of legal advice are good places to start. How do we monitor these KPIs? - LegalOps teams need to establish robust mechanisms for collecting both qualitative and quantitative data. This might involve integrating legal technology tools that can automate data capture and streamline data analysis processes. Choose your vendors wisely as limited access to the data within a platform can restrict meaningful evaluation. - Engaging with data scientists or specialists in legal analytics is another critical step. Being able to sift through the data to elicit valuable insights is the best way to understand the factors influencing performance and uncover potential areas for improvement. f) Sustainability There is a focus in Implementation Science for the long-term sustainability of the intervention. This involves appraisal of factors like funding, resource allocation, and integration into existing systems to ensure that the practices can be maintained over time after the initial implementation phase. In Legal Operations, this means that from the very beginning, there should be a focus on ensuring that any new systems, processes, or technologies are not only implemented successfully but are also viable and effective in the long term. This is really hard. The ability to experiment, pivot and ditch remains paramount. The key to sustainability in LegalOps is, then, considering factors such as funding (get your budgets confirmed for tech spend), resource allocation (hire accordingly and allow time for lawyers to engage), and integration into existing systems (know your API capabilities). g) Dissemination of Knowledge The goal of dissemination is to spread knowledge and the associated evidence-based interventions to those who can usefully apply them in practice. Through publishing research in academic journals, presenting findings at conferences and contributing to policy briefs, researchers makes waves as ideas are spread and adopted. Something wonderful is happening in Legal Operations. There is a collaborative approach which fosters a global community where we move forward together, benefiting the entire legal sector rather than just individual firms. It counters the zero-sum game law firms have traditionally played which may make it uncomfortable for those who relied on gatekeeping or opaqueness for their competitive advantage. On LinkedIn you might learn how one firm successfully integrated a new document automation tool. Or at a conference you might have a workshop on the technical aspects of an AI comparison tool. This openness does raise the question: what is our USP as a law firm? I have ideas around that (it involves empathy) for another article. However, being part of the-change-we-seek as a body means that we are driving with both hands on the wheel rather than being spoon-fed by oligopolies towards techno-feudalism. Conclusions I hope by delving deeper into the specific language and pillars of Implementation Science, you have (like me) gained insights that augment change management approaches and give you a map you can translate towards impact. Where do you go from here? There are four key take-aways you can apply today to your initiatives. 1. Adopt an Evidence-Based Approach: LegalOps, regrettably, does not yet have an army of researchers (although universities and institutions are closing that gap) therefore we must create and share our own evidence. Be methodical, write your hypothesis, analyze the data and make decisions not on a whim but with data or performance metrics. 2. Emphasize Contextual Adaptation: Tailor strategies and technologies to the unique cultural, organizational, and technological environment shaping each legal department’s innerworkings. 3. Enhance Stakeholder Engagement : Actively involve all relevant stakeholders—from senior management to frontline staff—in the planning, execution, and evaluation of new initiatives. Make sure your working groups are not only partner-led or driven by only a few senior associates. Use strategies from Implementation Science such as workshops, feedback sessions, and inclusive decision-making processes to build consensus and encourage buy-in throughout the organization. 4. Track your numbers: Implement continuous evaluation mechanisms to track the effectiveness of new initiatives. Establish clear metrics with KPIs and qualitative feedback that align with the desired outcomes of each project. Build your reporting dashboards and give your stakeholders a voice. Finally, raise your own voice by participating in and engaging with the communities shaping Legal Operations: ● Legal Ops Career Path : a UK based initiative to create a defined career path for legal operations professionals in order to create a market standard role structure and pay bands. ● CLOC : The Corporate Legal Operations Consortium (CLOC) is a global community of experts focused on redefining the business of law. ● IILOP : International Institute of Legal Operations Professionals (IILOP) is a new platform which provides training, certification, and continuing professional development for legal operations professionals. ● Legal Ops Uncensored : a global community with a forum and in-person events whose mission is to create a safe space where our members can build community throughout all phases of their career in legal operations and legal technology. Jay Smith is a qualified lawyer, legal engineer, developer and founder. He has worked with both fast-growth and global law firms around legal technology and legal operations, holding Head of Legal Operations and Senior Legal Operations manager roles. A technologist at heart, Jay uses his knowledge of software engineering, product management alongside his legal expertise to build, design and implement systems to improve legal service delivery.
Daniel Rodriguez
Daniel B. Rodriguez is the Harold Washington Professor at Northwestern University Pritzker School of Law and served as dean of the Law School from January 2012 through August 2018. Professor Rodriguez has taught full-time at several law schools including the University of Texas-Austin, the University of San Diego (where he also served as dean), and at the University of California, Berkeley. He has also been a visiting professor at Harvard, Stanford, Columbia, USC, and Virginia. His scholarship and teaching spans a wide range of topics in public law, including administrative law, local government law, constitutional law, and property. He is also deeply interested in the law-business-technology interface. A graduate of California State University Long Beach and the Harvard Law School, Professor Rodriguez has served as the Chair of the ABA Center for Innovation, a member of the ABA Commission on the Future of Legal Services, as the President of the Association of American Law Schools, and chair of the AALS Deans’ Steering Committee. He is presently a council member of the American Law Institute and also a member of various task forces working on access to justice issues. How do you envision the role of technology evolving in legal education, and what steps should law schools take to prepare future lawyers for this changing landscape? I think there is a “present” and a “future” element here that I would separate to make the broader point that we will need to do a better job as legal educators and as law school leaders to ensure that our students will have all the tools and to exposed to the many perspectives essential to understanding and using technology to practice law at the highest level and further justice. On the “present,” we are witnessing a tremendously active and energetic burst of tech-related education in law schools, the likes of which I do believe are unique in the 30+ years I have been in law teaching. For example, there are courses on technology-enabled research – most of which move beyond the use and utility of the traditional tools such as Lexis & Westlaw and consider how Google has impacted research, and how large databases have given lawyers information to analyze cases, regulations, and statutes and, significantly, augmented our ability to predict legal outcomes. To take just one example from many, the ODR (online dispute resolution) movement has created the need for understanding how these technologies work to aid and even undertake decision-making as an alternative to traditional adjudicatory models. There are many other examples. On the cutting edge of this is generative AI, including the fast-moving emergence of Chat GPT and other kinds of technology that utilize LLMs (large language models) to not only aid research and analysis, but to contribute direct information and even modalities of advocacy. Many schools – and within a couple of years I would predict most law schools – provide education in generative AI. Some do this through stand-alone courses on AI & Machine learning and its applicability to law & legal practice. Other law schools are embedding this education in traditional law school courses. Ultimately, law schools are wisely figuring out ways of ensuring that students are getting contemporary, relevant, and even essential instruction in what they will need to be successful lawyers and leaders in this third decade of our 21st century. And so, in summary, I am enthusiastic and rather bullish about what law schools are doing to improve tech-related legal education. At the same time, we need to continue to press the envelope, to activate and incentivize legal educators and other decisionmakers to ensure that these strategies become, if not already, a priority in our curriculum. It is not extra; it is essential. How do you see recent technological advancements influencing the study and practice of public law? As to the study, we can see how technology can enrich our understanding of how political institutions shape and implement public policy. A few examples: To study the practice of statutory interpretation, legal technology, including LLMs and other methods, can assist us in searching for how particular phrases and terms have been enacted into law and have been interpreted by courts and agencies. Lexis/Westlaw, for all its virtues, was less useful for this purpose, but new methods have really enhanced all this. Another example: Now that the Supreme Court and many lower courts have put a stake in the ground in favor of so-called originalist methods of interpretation, the role and salience of historical research has moved to the fore. Technology is being used to assist in dense historical research, not only in searching for comments by legislators and other political officials, but for filling out the context in which critical debates happened and decisions were made. This doesn’t replace the human touch in doing careful historical research, but it is undoubtedly an aid for historians, legal scholars, and teachers. As to the practice, we are seeing federal and stage government agencies relying on insights and tools from technological developments to improve public policy. For example, governments are frequently developing and employing algorithms to make various decisions more efficient and error-proof, in variegated areas such as sentencing and government benefits administration. Algorithmic decision-making is not without its challenges to be sure, but the genie having come out of the bottle, we will surely see continuing use of new tools along these lines to improve policymaking and implementation – in ways not unlike its balanced use in health care. Another example is the use of tech-enabled decision-making – sometimes called, if hyperbolically, “robot judges.” When used to augment human decision-making, more automated modes of adjudication is tremendously valuable in administering justice in a way more fair and efficient for both the government and for ordinary citizens. Indeed, it is critical to further develop these tools in areas of huge backlogs and what has been called “high volume/low value adjudication.” This development, what the legal futurist Richard Susskind has labelled “online judging,” is enormously interesting and important. What technological innovations do you believe hold the most promise for transforming the delivery of legal services, and what are the potential challenges in adopting these technologies? If I had to pick a couple, I would say, echoing some of my earlier comments, I would first say that the use of technology that helps assist ordinary citizens who cannot afford lawyers seek and obtain justice is the single most important domain and a promising one. Entrepreneurs in this space have developed myriad tools, including chat-bots, legal check-ups, court navigators, document retrieval and guidance mechanisms, and others, that share in common the aspiration of reducing the barriers to justice access, which has historically been a mix of complexity and cost. Frankly, what stands in the way of an even greater use of such technologies is not the tech and not even the financial funding, but regulatory barriers that interfere with the deployment of such technologies on the grounds, which I believe are more often dubious than persuasive, that tech-enabled assistance constitutes the “unauthorized practice of law.” In short, we will need regulatory reform to remove the friction that keeps ordinary citizens from technologies that will help close the serious access to justice problem in the U.S. The other innovation would be generative AI, as I mentioned previously. We are early in the history of this tool and we can perhaps scarcely imagine the many ways in which ever-more-sophisticated generative AI tools can transform the delivery of legal services. Using a tool such as Chat GPT to help craft compelling legal arguments and to answer questions that require rapid access to information can, when used responsibly, enhance the efficiency of lawyers, reduce barriers to access to justice, and, we hope, improve the quality of legal decisions. After all, let’s remember that the essential meaning of artificial intelligence is the use of tech tools (think especially here of tools that are computational in the broad sense of that term) to do things more quickly and effectively than human decisionmakers, the latter of whom are ultimately limited in fundamental ways. To the extent that we can employ generative AI to improve human decision-making, then progress is quite promising. The challenges are many. First, we need to understand well the contents of these technologies, and the brutal truth is that a fairly small sliver of the population, and generally not including lawyers, really understand in any depth and detail how these technologies “work.” There is a black box quality to many law-relevant technologies, and it will be important for lawyers and others in the law space (including judges!) to get their heads around these technologies, at at least the level necessary to assess their utility, diagnose the challenges, and improve them. Second, there are some familiar ethical issues, which I will discuss more in my answer to the next question. Finally, there can be inequalities in how technology is made available and deployed. Right now, ChatGPT is basically given away for free, but that won’t be true forever. There are already gates being created around certain technologies – maybe call this the “landlording of technology” – that can create a system of haves and have nots. If we truly want to use technology to democratize legal decision-making and improve access to justice, we will need to figure out how best to deal with economic considerations and various barriers to entry. I honestly don’t have any great wise answers to these challenges, but I just mention them as examples of challenges we will need to earnestly tackle. What are the key ethical considerations that must be addressed as technology becomes more integrated into legal practice, especially regarding client data privacy and the impartiality of AI in legal decision-making? I cannot speak with any special knowledge about client data privacy, so I will leave that to the experts, so let me focus on the impartiality part of your question. First, it is important, as I always say to my students and to colleagues, to look at impartiality through a “compared to what” lens. Yes, there are issues of algorithmic bias that stem from various imperfections in how data is scraped and formed into algorithms. But whatever level and severity is this kind of bias, it must be compared to the biases that humans have, including in legal decision-making. Humans have various prejudices; they also can be subject to noxious external influences; they have various cognitive limitations; and they have other human frailties (e.g., they are busy, they get tired, they get sick, etc.). We know that these issues interfere with “objective” decision-making. This is partly why there is pressure to develop more automated mechanisms of decision-making. While this is no excuse for letting algorithmic bias to persist, it is important not to let the best be the enemy of the good. We should work hard to reduce and even eliminate algorithmic bias and other impediments to the ideal of impartiality in legal decision-making. But we should acknowledge that imperfect automation may in some instances be an improvement on deeply flawed legal judgment. How can legal institutions and professional bodies better support and foster innovation at the intersection of law and technology? By not imposing regulatory barriers and burdens that make it harder, and sometimes impossible, to use technology to improve justice and to foster better legal decision-making. This is a message for regulatory entities, such as state bars; it is also a message for a national organization such as the American Bar Association, an organization that has done obviously valuable work in improving the welfare of lawyers and in advancing the cause of the rule of law but, where innovation and technology is concerned, has often lagged behind. The ABA could be part of a collective solution; it should, at the very least, be not an obstacle to progress. So far as other institutions in the law space are concerned (AALS, ALI, other groups), they can continue to use their bully pulpit to push for innovations that will improve access to justice and enhance legal education to ensure that the next generation of lawyers and allied legal professionals will be able to do great work in the legal space. As to law reform groups, such as the ALI and the Uniform Laws Commission, they should assist us by their measured work in improving the legal regime so as to foster excellent use of technology – “excellence” here being used in the broadest sense of the term. Lastly, these groups can also assist by proposing and enacting the guardrails that will ensure that some of the more troubling (real or potential) elements of technology can be ameliorated. This is important, too, to ensure that we are using technology in the most responsible ways possible.
Building Legal Leaders
As Generative AI has marched through law practice since late 2022, law schools and legal educators around the world have scrambled to adapt: what new skills do law graduates need to thrive today and looking ahead? And overall, they’ve gotten the answer wrong. Online, in classrooms, and in faculty meetings, law professors have resolved to equip their students with basic facility with AI systems and related technology for gathering, analyzing, and deploying data. That’s easier said than done in practice; in practice, the transition is akin to retrofitting a semi-trailer truck with the nimbleness and speed of a Formula 1 racecar. But that’s the path that the academic profession seems to be set on: teaching lawyers to work the virtual steering wheels, throttles, and gearing of massively complex, fast moving, and opaque IT systems. Employers – a category that includes large corporate clients as well as private law firms – seem to be egging all of this on. To law schools, the message is: give us more well-behaved junior technocrats. As those systems get better, faster, and much more useful than they are today, new lawyers trained to be good technocrats may find themselves not simply out of jobs but, more important, out of careers. The 20th century lawyers’ career path offered hands-on practical training to junior lawyers that led eventually, if not always directly, to status as a senior elder whose judgment and wisdom were the coin of the field. The 21st century lawyer who starts a career working with data will only get better … at working with data. Where will the new generation of wise seniors come from? Here's my different vision. For the last dozen years, I’ve been teaching leadership to my students. “Leadership” is, in my case, a broad label that includes introductions to a host of human skills – not simply so-called “soft skills,” but the range of critical connecting, communicating, collaborating, and judgment-generating skills that all professionals know are fundamental to professional success from day 1 to day last – not just lawyers. I walk my students through an abbreviated history of the 20th century legal profession and changes wrought by 21st century demands (the broadening of client and social need, expansion and competition in modes of delivering legal services and information) and tools (data analytics and now Generative AI). Together, we explore the roles of creativity, imagination, and curiosity in understanding the roles of the contemporary and future professional. I introduce students to emotional intelligence concepts. We explore the critical importance of understanding collaboration and team-based projects. We talk about how “leadership” in practice means understanding and enabling others to thrive. Conflict resolution is a critical theme; so are systems and feedback loops; we spend little time on “problem solving” and focus instead on risk assessment. Because contextual learning always drives the lessons home best, as a group my students and I explore our own experiences with each of these concepts (like any good teacher, I share some my own experiences), often recapturing practices that might previously have been dismissed as trivial or irrelevant and translating them as leadership lessons. I have leaders among my students – section leaders in the marching band, sales managers for small businesses – who learn to see themselves in a different, broader light. Those are conversations and skills that law schools, like many professional education programs, have long given lip service to but rarely followed through on. Virtually every law school in the US claims that they train “leaders,” but only a handful put real faculty and curricular power behind the claim. Even among that handful of law schools, “leadership” means different things, in the hands of different teachers and deans. To some, it calls to mind reviving an older, almost romantic view of lawyers as civic leaders, personifications of personal and community virtue and the rule of law. Leadership education in that spirit leans heavily on ethical norms, on codes of professional responsibility, and the call of the 2007 Carnegie Report on legal education to infuse legal education with training in “professional identity formation.” To others, leadership emphasizes that fact that some number of law graduates will end up in corner offices and managing partner roles, in small and large private law firms, in corporate law departments, and in public sector and nonprofit organizations. Leadership education in that spirit leads heavily not only on ethics but also on life at the top of the proverbial heap. My vision for leadership aims instead helping all students succeed on their own terms. My goal is to help new lawyers build a suite of capabilities that will help them find their own ways in the world, whether as practicing lawyers or otherwise, and – importantly – will help them help others do the same. That’s the definition of leadership that I’ve adopted: find your voice, and help others find theirs. Training students to be “better at AI” trains them to steer eventually into career dead-ends – unless their career ambition bends toward tech, rather than law. Training students to be “the best humans they can be” trains them to steer toward opportunity. And even for the tech-motivated students, leadership skills are essential. The great thing about separating “leadership” from “law” in that way and separating “leadership” from “life at the top” is that it opens the door to training everyone in the skills that all professionals should have: collaborating and communicating effectively; developing and using EQ; targeting and recognizing success; and understanding and adapting to failure and loss. In my world, there is nothing “special” or distinctive about lawyers as leaders, or about lawyer-leaders. Technological and economic changes to the legal world are catalysts for that vision of leadership development. Look around the practice of law today, and you’ll see technology and economics rapidly and massively changing both the boundaries of what counts as “law” in the first place and what counts as “legal” – the shorthand for critical functions in business organizations – in the second place. “The legal profession” simply is not what it once was. Training new lawyers in leadership skills equips new graduates not simply to accept the profession as it has existed to this point and not simply to accept the roles that they step into when they begin careers. Leadership skills help those new lawyers to see and understand the systems changes that are happening all around them, including how those changes pay off via changing expectations in specific workplaces. At best, leadership skills will, in time, help those same lawyers not simply respond or react to change (a key concept behind “resilience” training, part of many leadership curricula) but also to participate in planning and driving change. That practice and those skills are keys to building successful, productive, and useful careers – and lives. In worlds increasingly defined and processed by technology, including new and evolving legal worlds, human presence and human contributions will matter more than ever, even if where and how they will matter is – presently – not always easy to see, and not always given simply by how they have mattered in the past. I am fortunate to have had my own deep training and practice in the leadership skills that I now share with my students; few law professors have equivalent or even similar personal histories. So, what I teach and how I teach it is, in some ways, unique to me. But I take every opportunity I can to share my vision and my practice, and I am always eager to talk with anyone who is interested in picking up any portion of what I do and running with it however they think best. To that end, my leadership curriculum is fully open and online and can be found here . That includes the content of readings and other assignments. A short law review essay that describes my motivation and personal history was published in the Tennessee Law Review in 2016 and can be found here . I look forward to learning from you. Professor Michael Madison is Professor of Law at the University of Pittsburgh School of Law in Pittsburgh, Pennsylvania, USA. He is a Senior Scholar with the University of Pittsburgh Institute for Cyber Law, Policy, and Security (Pitt Cyber). At Pitt Law, he is Faculty Director of the Future Law Project and a John E. Murray Faculty Scholar. He is a principal investigator of the Workshop on Governing Knowledge Commons global research collaborative . He is a founder and leader of Future Law Works , an independent corps of volunteer leaders focused on re-institutionalizing legal education and the other institutions of the legal system. He is an affiliate faculty member with the University of Pittsburgh Center for Governance and Markets . From time to time, he publishes The Future Law Podcast , together with Dan Hunter , dean of the Dickson Poon School of Law at King’s College London.
Embracing Human-Tech Interoperability
As digital tools, including generative AI, become integral to our daily lives, legal professionals must adapt to leverage these advancements effectively. Tasks traditionally handled by associates, paralegals, and other legal professionals are increasingly being delegated to efficient, tireless digital assistants and AI tools. For instance, consider a law firm where AI-powered tools automatically sort through discovery documents, identifying relevant information faster than any human could. This shift enhances productivity and efficiency without significantly increasing costs, freeing up human professionals to focus on more strategic, value-added tasks. Fostering a culture of “human-tech interoperability” is crucial. This involves prioritizing user experience and human-centric design for digital tools to ensure seamless integration with existing legal workflows and databases. Additionally, promoting effective collaboration between lawyers, non-lawyers, and digital tools is vital for breaking down organizational silos and communication barriers. Viewing technology as “teammates” can help overcome adoption and adaptation barriers. Legal professionals should be encouraged to perceive AI-powered tools as valuable allies that enhance their capabilities rather than as replacements or threats. Optimizing any labor-based service business involves adjusting the labor mix, processes, or tools. Many legal practices focus on growth through size and leverage, often neglecting tooling improvements. The contemporary method for adjusting the labor mix, termed “rightsizing,” involves smartly balancing capacity and demand. However, rightsizing typically favors high-fee earners and marginalizes support staff and allied professionals, leading to potential brain drain and business impact. For example, a firm that heavily invests in its partners but neglects the development of its paralegals may face operational inefficiencies and lower morale. Rather than rightsizing, legal practices should focus on equipping the right people with the right skills for the right tasks at the right time. This strategy includes upskilling or reskilling talent while transforming some roles into digital services, thereby creating scale and more opportunities for talent. For instance, a paralegal trained in using AI tools for document review can handle significantly more work than before, enhancing their role and career prospects. Effective delegation skills are crucial for leveraging technology. If teammates struggle to delegate tasks to one another, they will find it even harder to delegate to technology. Viewing task and service automation technologies as teammates can help overcome adoption and adaptation barriers. Incorporating digital services into legal workflows offers specific use cases where technology can enhance processes. For example, these technologies can handle routine tasks such as scheduling, document retrieval, and initial contract drafting, allowing legal professionals to concentrate on more complex and strategic work. Additionally, AI-powered tools can expedite legal research by quickly analyzing vast amounts of legal texts to find relevant information, significantly speeding up the research process. Imagine a scenario where an associate uses an AI tool to conduct comprehensive case law research in minutes rather than hours, providing more time for client strategy sessions. Implementing a digitally integrated workspace in legal practices requires practical strategies. Begin with a thorough assessment of current workflows to identify where digital services can add value. Invest in training programs to ensure all team members are proficient in using new technologies. Develop a phased implementation plan to gradually integrate digital tools, minimizing disruption to existing processes. Continuously review and adjust the strategy based on feedback and performance metrics to optimize the integration process. For example, a law firm could start by integrating AI tools into its research department and gradually extend their use to contract management and client interactions. However, potential challenges to adoption extend beyond mindset shifts. Ensuring data security and privacy is paramount, as legal practices handle sensitive information. The costs associated with new technologies can also be significant, necessitating careful budget planning. Additionally, resistance from employees wary of changes to their workflow must be managed through clear communication about the benefits and ongoing support available. It’s also crucial to address the varying levels of tech proficiency among staff, providing targeted training to bridge knowledge gaps and ensure everyone can use new tools effectively. Furthermore, maintaining compliance with legal standards and regulations when integrating technology requires meticulous planning and oversight to avoid potential legal pitfalls. Adopting advanced technology in legal practices often encounters human skepticism or resistance. Many seasoned attorneys and staff fear that AI and digital tools might replace their roles, leading to job insecurity. For instance, in a mid-sized law firm, senior partners may resist using AI for contract analysis, doubting its accuracy and fearing the loss of their traditional expertise. Similarly, in legal departments within corporations, employees might be wary of automated document review systems, concerned about their reliability and the potential for errors. To address these concerns, leaders must foster a culture of openness and continuous learning. They should highlight successful case studies where technology has augmented human capabilities, such as an AI tool streamlining due diligence processes and enabling lawyers to focus on complex negotiations. By directly addressing these fears and showcasing the benefits, firms and departments can build trust and encourage the adoption of new technologies. Experimentation and iterative learning are essential for successfully integrating technology into legal workflows. Both law firms and legal departments should pilot new digital tools in controlled environments before full-scale implementation. For example, a law firm might initially use AI-powered research tools in a small team to refine the tool’s effectiveness and address any issues. Similarly, a corporate legal department could test an automated contract management system on a limited number of contracts to gather feedback and improve the system. This approach allows legal professionals to learn from hands-on experience, make necessary adjustments, and gradually scale up the use of technology. Encouraging a mindset of experimentation helps create a dynamic environment where continuous improvement is valued, reducing the fear of failure and fostering innovation. Viewing technology as a partner, not a competitor, is crucial for successful integration in legal practices. AI and digital tools should be seen as allies that enhance human capabilities rather than threats to job security. For instance, in a large law firm, AI can handle routine tasks like document sorting and initial case assessments, freeing up lawyers to engage in strategic thinking and client interactions. In a corporate legal department, digital tools can manage compliance tracking and reporting, allowing legal professionals to focus on high-stakes decision-making and advising the business. By emphasizing the collaborative potential of technology, leaders can change the narrative from one of replacement to one of augmentation. This partnership mindset ensures that both human and technological resources are used to their fullest potential, leading to greater efficiency and innovation in legal practices. Legal professionals interested in embracing digital tools and transforming their practices can take the following steps: 1. Conduct a thorough assessment of current workflows to identify areas where digital tools can add value. 2. Develop a phased implementation plan to gradually integrate digital tools, minimizing disruption to existing processes. 3. Invest in training programs to ensure all team members are proficient in using new technologies. 4. Foster a culture of continuous learning and adaptation by regularly sharing success stories and practical examples of technology integration. The legal profession stands on the brink of a transformative era driven by technological advancements. Embracing these changes requires a strategic and thoughtful approach to integrating digital tools and fostering human-tech interoperability. By prioritizing user experience, enhancing collaboration, and viewing technology as an ally, legal practices can unlock unprecedented levels of efficiency, productivity, and client satisfaction. Now is the time to act. Begin by assessing your current workflows, investing in the right tools and training, and fostering a culture that embraces continuous learning and innovation. The future of the legal profession is bright for those who are willing to adapt and evolve. Lead the charge in transforming your practice, and become a pioneer in the modern legal landscape. Your journey towards a more efficient and effective legal practice starts today.
How is AI augmenting more traditional automation technologies?
Background Generative Artificial intelligence has had a transformational impact on how quickly and effectively intelligent automation technology is deployed. What was once considered a potential replacement of automation technology has quickly become an enhancement to it. This article dives deeply into how this is unfolding in 2024. What is the point of AI? The purpose of artificial intelligence technology is to support people. This is what it is designed to do. Humans have things that they need to do and other things they like to do. The point is to use technologies like AI for what people do not want to do, yet need to do. The majority of individuals (working jobs that require a computer) tend to have a specialty that they must use their expertise for. Their tasks are typically divided into high-IQ tasks & low-IQ tasks. Leveraging AI & automation enables them to maximize their time on high-IQ activities, rather than the drudgery that can be taken over with technology. Now think about this replicated at scale. In a nutshell, this is the approach enterprises are taking on bringing in generative AI & large language models (LLMs) into their organizations. What are enterprises specifically using generative AI for? Now, there are some misconceptions of what generative AI can do vs. what it should do in 2024. These are two very different things. Initially, generative AI was scrutinized heavily on data security & potential for hallucination. However, this has slowly fallen by the wayside as enterprises have found clear ways to leverage LLMs, while ensuring their data is secure & setting up guard-rails + selecting specific use cases that eliminate most of the material potential for hallucination. For example, although enterprises can use generative AI to take in a host of information and make an underwriting decision on granting a loan to a particular individual, it should not be used for this as a person should be closely involved with any major decisions with implications of this magnitude. Enterprises should use generative AI to take over tasks that are not worth the time of a person, that take very little brainpower and are repetitious. An alternative here is to leverage generative AI to take in that host of information for that loan, organize it in a structured format, input the data into relevant systems and spit out necessary reports for a human to review and then make an underwriting decision on that loan. This is the same process yet reduces the risk of leaving the decision-making power in the hands of technology, while removing the drudgery around complex loan processing. How is this impacting established, well-known automation technologies? The two most well-known technologies across the intelligent automation space are robotic process automation (RPA) & intelligent document processing (IDP). RPA - In terms of enterprise process automation, RPA is being used in tandem with generative AI to fulfill complex needs. RPA cannot think nor execute tasks that have even the least bit of subjectivity. Yet, generative AI can take on the subjective portions of processes. For end-to-end enterprise use cases, generative AI adds very limited value by itself. However, when paired with RPA software bots that can take over data entry & data reconciliation tasks with 100% accuracy, it can add immense value. IDP - On the other hand - IDP is being impacted in that, historically, machine learning needed to be utilized within IDP engines to train semi-structured & unstructured document types like invoices, insurance claims, legal complaints, bank statements, patient prescription documents, etc. However, this was a very limited approach as one enterprise may have 300+ difference invoice types, which then requires 300+ different machine learning templates to create. This is cost-prohibitive, time-consuming and inefficient, along with being limited in accuracy of data when extracting via traditional machine learning. Instead, enterprises can now replace the traditional training via machine learning with LLMs that can take in unstructured & semi-structured documents without being trained. Pairing IDP engines with LLMs enable these engines to understand the context of data within a document immediately. With a small bit of configuration, fine-tuning and prompt-engineering, enterprises can achieve 95%+ accuracy on unstructured & even hand-written documents (assuming they're legible). This is a revolutionary change for intelligent document processing and optical character recognition (OCR) technology. It is akin to what's happening in current day with self-driving cars. In recent news, Tesla deprecated most of the original code and replaced it with AI-based technology for its self-driving features. RPA, IDP & LLMs - Enough acronyms for you? It may sound complex, but much more straightforward than it seems. This is because RPA & IDP have been used together in tandem for years. The only difference here is that now it's more like AI-based IDP is used in tandem with RPA. Nothing has changed on the RPA side, which is simply moving data around once it's been extracted. On the IDP side, it still takes care of the pre-processing & digitizing of documents, while LLMs are layered on top of IDP to bolster the accuracy and speed of data extracted from unstructured documents. This means implementation times are shorter and even business users can quickly and efficiently configure complex documents for high accuracy extraction of data. Previously, enterprises would entrust humans with the task of sifting through large sets of unstructured data. The issue is that the speed is limited to how quickly a human can read and understand this data so technology is ideal for this. Thankfully, generative AI is very good at understanding large sets of unstructured data. For example, in the legal space, LLMs are being used to summarize endless pages of legal contracts & documentation in seconds. Once data is summarized/extracted with LLM-powered IDP, RPA can be used to emulate any human actions needed on a computer screen. This includes inputting that data into a specific website, excel, word document, PowerPoint or system of record. This also includes using RPA to reconcile data from one location to another. For example, ensuring that the data on an invoice document is the same as the data that's been entered into an accounting system of record. In the case of making sense of a large amount of unstructured data… the impact that this will have on the legal, healthcare, insurance and financial services industries is high and still difficult to fully measure. Future of Automation The future of intelligent automation & generative AI is leveraging technologies like large action models (LAMs). A large action model is a model that takes actions based on the specific prompts it receives. You still must train it like RPA, but the training is much faster, yet it's output is more volatile/currently dangerous. It uses a bit of subjectivity & inference to conduct actions, rather than doing this in a purely linear fashion like RPA. This is the future of what can make waves in the intelligent automation space once this technology is able to be deployed in a manner with less risk. Gabriel Skelton is the Head of Artificial Intelligence Solutions at OpenBots. Gabriel assists firms in the selection & implementation of document processing automations involving unstructured & handwritten documents. Gabriel has a team of automation consultants throughout the healthcare, insurance and financial services industries that specialize in automations that involve the extraction of data from the most complex documents and porting that unstructured data directly into end system of records. Gabriel has a Master’s Degree in Entrepreneurial Leadership from Babson College’s Olin Graduate School of Business. Gabriel resides in Coral Springs, Florida with his wife and three children.
COLIN'S INSIGHTS
Colin's Insights on legal tech cover a wide range of topics in a succinct form. Anything and everything goes here at the intersection of technology and law, from the use of artificial intelligence in the legal field to the effect of emerging technologies on the practice of law.
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