Chapter 1

Lawyers and Technology Are
Quickly Becoming Inseparable

“It is indisputable that technology is now playing, and
will continue to play, a major role in how legal services
are performed and delivered.”
 
TECHNOLOGY IS EVERYWHERE.

It is an inherent part of our lives. Our mobile phones have be-
come inextricably linked to each one of us. In fact, the very
term “phone” has become a bit of a misnomer because the mobile
phone is less of a phone these days than it is a pocket computer.
We live so intimately with technology that it is easy to forget that
technology is not the end but a means to an end.

As Marc Lauritsen, president of Capstone Practice Systems and
past co-chair of the American Bar Association’s eLawyering Task
Force, says, “Technology is a tool; innovation is a goal. There are oth-
er tools and other goals, but these two are among the most important
at this point in history. Sometimes technology catalyzes true innova-
tion; sometimes meaningful innovation opens the door to transfor-
mational technology. It’s a complicated relationship, like many hu-
man ones.”

There is no question that technology is dramatically affecting the
practice of law. Today, to be an effective lawyer requires not just legal
acumen, but business acumen and technological acumen.

The breadth and depth of the players in the legal technology
space continue to rapidly grow. Some of the fastest growing spaces
include document automation, contract management, and litigation
analytics.

In fact, contract management has quickly gained prominence.
These tools seek to address four key functions: storage, tracking of
key provisions, searching, and reporting. Many of these tools offer
alerts that an individual can set to warn stakeholders of key events,
such as renewals and expirations of key provisions or entire con-
tracts. These systems also offer ways for users to aggregate data to get
a broad view of a particular trend—how many contracts have a cer-
tain type of clause, how often a certain type of case heard by a specif-
ic judge was settled, and so on.

Each system differs in its ability to handle data and how those da-
ta can be input for analysis. Some systems are better suited to small
companies while others are better suited to large enterprises.

Related to this technology is contract automation, which is based
on the concept of document assembly. Essentially, document as-
sembly consists of a template with blanks for another party to com-
plete and a process in which that party goes through the document
and fills in the blanks.

Today’s technology has allowed us to move far beyond this sim-
plistic task to create entire documents without having to type a single
word. Many of these document assembly programs work with pro-
grams likely to be in use already, such as Microsoft Word or Share-
Point.

Another type of legal technology is litigation analytics. Litigation
analytics draws conclusions that can be acted upon from a defined
set of legal data. Typically, the data themselves and the conclusions
to be drawn are based on some form of statistical analysis. A promi-
nent company in this space is Lex Machina.

The practice of law is changing quickly. Many people do not un-
derstand the interplay between legal tech and law practice (see Fig-
ure 1). It is up to each one of us—law schools, law students, lawyers,
law firms, and in-house law departments—to ensure that we are de-
livering legal services as optimally as we can, today and in the future.
It is indisputable that technology is now playing, and will continue to
play, a major role in how legal services are performed and delivered.





















Figure 1: A silver bullet solution... once plugged in.

Perhaps you are wondering who I am and why I wrote this book. I
am a lawyer and a legal technology advocate and guide. I create con-
tent that I share on various media, including social media and via my
website. I am passionate about learning, about inspiring others, and
about supporting and growing the community of those seeking to
better align legal services with those in need of those services.

The basis for this book is my blog. The blog started as a means for
me to write about what I had learned from speaking to many differ-
ent thinkers, creators, and teachers within the legal space. Many of
these people are quoted in this book. The blog takes a people-first
approach, as does this book—meaning that I believe that stories are
best told by those who experience the stories.

When I first heard the terms “legal innovation” and “legal tech-
nology,” I had no idea what they meant. Zero idea. Back in law
school, little did I know that I had already used, and was well-versed
in, some technological tools used in the practice of law—such as
Concordance, Relativity, and Summation. These were leading tools
at the time in the electronic discovery (e-discovery) field.

Although I had always felt an attraction to technology, which led
to my being part of a tech start-up in high school, it remained foggy
how best to engage in this developing passion—considering I had
also loved the law with its distinct approach to solving problems and
its multidisciplinary nature.

The question facing me was how to learn about legal innovation
and legal technology. I decided I’d take a risk and start to network
with those working in the space. I had no idea that I would be enter-
ing, and eventually becoming embedded in, a world filled with some
of the most fascinating, welcoming, and supportive folks I had ever
met in my life.

Tunji Williams is one of those folks. He is a dreamer, entrepre-
neur, a former legal technologist, and an attorney who focused for a
time on developing teams and strategies to help revolutionize deal
process technology and service delivery for corporate transactions. I
asked him what he would say to those who want to get into legal
technology. He advised:

“Ask the right questions, and then listen and observe more than you
speak. There are a million challenges to be solved in this space.
When you take the time to ask practitioners and their stakeholders
the right questions, they will lead you to what you need to build.
The most powerful and best-loved products are born from a deep
and genuine understanding of people and their problems. You gather
those critical insights when you humble yourself and listen.

“Be bold and have a bias for action. Unlike legal practice, legal tech
entrepreneurship and innovation are not about endless planning
and having all the answers. They are about bold, efficient, and fo-
cused experimentation. Don’t be scared to learn by doing. And re-
member that every incremental rejection and failure comes with
necessary learning.

“Surround yourself with talented and good people. It’s hard work
building a legal tech company. It’s vital to have smart, relentless,
and kind people to build alongside you. As smart as you may be, we
all have blind spots and weak links in our chain of talents. Great
partners will amplify your efforts and make the journey more joy-
ful.”

Consider this book a tour guide in your exploration of legal tech-
nology. It will not give you specific answers, but it will share stories
and lessons from those experienced in the legal tech sphere.

If you are looking for a how-to guide, this is not it. There are other
books I can recommend for that purpose.1 But I hope this guide will
inspire you to begin your own journey or reignite your desire to explore a fascinating world.

Notes:
1 Three books that I recommend are The Simple Guide to Legal Innovation: Basics Every Lawyer Should Know, by Lucy Bassli; Successful Innovation Outcomes in Law: A Practical Guide for Law Firms, Law Departments and Other Legal Organizations, by Dennis Kennedy; and AI for Lawyers: How Artificial Intelligence Is Adding Value, Amplifying Expertise, and Transforming Careers, by Noah Waisberg and Alexander
Hudek. See the section,“Further Reading,” for details.

A WORD ABOUT LEGAL OPERATIONS

The legal industry has undergone significant changes in recent
years, with the advent of legal technology and the emergence of legal
operations as a distinct field. Legal operations and legal technology
are closely related and have a symbiotic relationship, as legal tech-
nology enables legal operations to be more efficient and effective,
while legal operations provides the framework for the implementa-
tion and management of legal technology.

Legal operations is the application of business and technical ex-
pertise to the legal function and its delivery of legal services. It is this
expertise that allows for the legal function to ensure that the right
technologies and processes are developed and followed, and it en-
sures that the legal function serves as an effective business partner to
the rest of the business.

A primary focus of the legal operations function is on operations
and administration, including, for example, specific things like budg-
eting, staffing, and process improvement, along with technology-
vetting and implementation.

Tom Stephenson, director of legal operations for Credit Karma
and a legal operations expert, notes that:

“Legal operations is often viewed as corporate architects tasked
with running legal like a business through designing, implementing,
and managing the systems, processes, and procedures that enable a
company to achieve its goals. Critical in navigating our complex le-
gal landscape, legal operations partners with various stakeholders
to protect the company’s interests while supporting its success.”

Perhaps the most preeminent organization dedicated to legal op-
erations is CLOC, formally known as the Corporate Legal Operations
Consortium. CLOC lists 12 key functional areas that legal operations
encompasses. These are financial management, business intelli-
gence, training and development, technology, strategic planning,
service delivery models, project and program management, practice
operations, organization optimization and health, knowledge man-
agement, information governance, and firm and vendor manage-
ment. There are many resources available on legal operations, in-
cluding many found on the CLOC website.

As for some of the key areas where legal tech and legal operations
overlap, six of the more evident areas are data management, e-
discovery, contract management, legal research, project manage-
ment, and process improvement.

a.  Data Management

One of the main challenges that companies face when it comes to
data is the sheer volume of it. With the explosion of digital infor-
mation in recent years, organizations are struggling to keep up with
the amount of data they are collecting and storing. This is especially
true in the legal department, where data are often siloed and difficult
to access. Legal technology can be used to collect, store, and analyze
large amounts of data, such as e-discovery data or contract data.

Legal operations professionals can then use those data to identify
trends and contribute to making strategic decisions pertaining to
things like resource allocation and aligning personnel and expertise
with business needs. The legal operations function can use data to
track the performance of legal teams and service providers, which
can help legal departments identify areas for improvement.

b.  e-Discovery

With e-discovery, legal technology can be used to automate the
process of identifying, collecting, and reviewing electronic docu-
ments that are relevant to a legal case. Legal operations professionals
can then use this data to identify patterns and trends and make in-
formed decisions. Some legal operations professionals are experts in
e-discovery tools, which are digital solutions used to automate many
time-consuming aspects of the e-discovery process, including data
collection, processing, and review. Legal operations professionals
using these solutions can help businesses reduce the expense of e-
discovery as well as reduce the opportunity for error or omissions.

c.  Contract Management

Legal operations can help with contract management in several
ways. It can assist with the creation and negotiation of contracts, en-
sure compliance with legal and regulatory requirements, and man-
age the execution and storage of contracts. Additionally, legal opera-
tions professionals can provide insights into key contract perfor-
mance metrics, such as renewal rates and dispute resolution. They
can also implement technology solutions, such as contract manage-
ment software, to streamline the contract management process.

These solutions are often used to automate the process of creat-
ing, reviewing, and managing contracts. Legal operations profes-
sionals can then use those data to identify patterns and trends in
contract language, negotiation strategies, and performance metrics
while providing data to the legal function to facilitate better legal
strategies and more data-driven decision-making.

d.  Legal Research

Legal research is another key space where legal technology and
legal operations overlap. There exist digital solutions that can re-
trieve relevant legal information, identify trends in case law and liti-
gation strategies, and accordingly provide clients with more in-
formed advice in relation to litigating a matter.

Legal operations professionals using legal technologies also can
help identify and access relevant legal resources, such as statutes,
case law, and regulatory guidance. They can provide support in
managing and organizing legal research by creating and maintaining
research databases and protocols. They can also help in creating and
maintaining legal research training programs for legal teams and
other stakeholders. Legal operations can provide both strategic and
operational support to help organizations effectively conduct legal
research work.

Ultimately, legal operations, at its best, develops and uses both
analytics, technology, process improvement, and collaboration to
enable the legal function to operate optimally and as a true business
partner.

e.  Project Management
Legal operations personnel play a key role in project manage-
ment. Managing projects effectively is essential for ensuring that
business plans, tasks, and initiatives are executed as intended and on
time. To achieve this requires establishing a flexible yet consistent
and transparent project management strategy that, at its core, uses
analytics and processes to drive projects forward. Given the dynam-
ics of business, embracing project management is a business impera-
tive and legal operations helps to ensure that remains as such, along-
side technological tools and expertise.

f.  Process Improvement

Legal operations professionals often seek to identify pain-points
in existing processes and inefficiencies, then try to develop better
processes to address these bottlenecks and inefficiencies. One way to
address these issues is to use legal technology. Legal technology solu-
tions often can automate and streamline these processes, making
them both more efficient and more productive.

For example, a legal department may have a manual process for
tracking and managing contracts. A legal operations professional
may identify this process as time-consuming and prone to errors.
They would then develop a process for contract management that is
more automated, data-driven, and accurate. Legal technology, such
as contract management software, can be implemented to automate
the new process, making it easier to track and manage contracts.

The relationship and intersection of legal operations and legal
technology continues to evolve. As it evolves, both opportunities and
challenges will be presented to those within the legal space. It is
quickly becoming evident that legal technology, on its own, cannot
resolve some of the more intractable problems that plague the legal
industry. Those focused on legal operations are poised to leverage
their expertise to help resolve these problems by applying the right
process improvement and project management techniques along-
side the right technological solutions. Those who wholeheartedly
embrace the convergence of legal operations and legal tech will be
those best positioned to succeed in the rapidly changing legal land-
scape.

Copyright ©2023 Colin S. Levy