Implementing Business Practices That Foster Shared Interests — #ILTACON #ILTA103

ILTACON 2015 LogoSession Summary: Many organizations are adopting “best business practices,” but they would be most effective if they intersect, bringing together the shared interests of law departments and law firms. Where do you begin? Let’s start the conversation with a panel of representatives from law departments and law firms who will discuss how to come to agreement on best business practices.

Speakers:

  • Lisa Damon, Seyfarth Shaw
  • Katie Debord, Bryan Cave
  • Mike Haven, NetApp
  • Peter Krakaur, Solar City
  • John Alber, retired strategic innovation partner, Bryan Cave (moderator)

[These are my notes from the International Legal Technology Association’s 2015 Conference. Since I’m publishing them as soon as possible after the end of a session, they may contain the occasional typographical or grammatical error. Please excuse those. To the extent I’ve made any editorial comments, I’ve shown those in brackets.]

NOTES:

  • The Rise of Legal Operations. Mike Haven explained the legal operations function within law departments, especially departments with 50 or more in-house lawyers. In the 1990s companies like GE, Bank of America, Prudential, Cisco, HP and other Silicon Valley companies inaugurated this role.  Initially, the role focused primarily on cost savings. In the early 2000s, the role evolved beyond cost management to technology implementation. Since the global financial crisis of 2008, legal operations professionals have been charged with the task of reducing legal spend. Now legal operations professionals are responsible for a variety of functions including cost management, alternative support models, data analysis, vendor management, communications, strategic planning, litigation support, data governance, records management, knowledge management, etc.
  • First Audience Exercise. You are a partner at a law firm and have a client who recently moved to a new company, Acme Corp, to become its general counsel. Your client has discovered that Acme’s systems cannot provide a general understanding of the company’s overall expenditure on legal matters. As part of a broader RFP for transactional and litigation work, your client has told you that it intends to implement an eBilling system and has asked you for an opinion about eBilling platforms. Additionally, Acme more broadly has asked for help in identifying ways to track engagements, manage conflict waiver requests, monitor fees, streaming accruals and billing, and track overall legal spend.
    • What is the challenge for Legal Ops?
      • Define for itself the management problem it is trying to solve (e.g., matter and financial management) and what it needs internally and from external counsel to enable the law department to meet it’s own goals.
        • what shared expectations?
        • what individual and share business processes?
      • Then think about what tools (e.g., eBilling platform) would be most helpful and must external counsel must provide the necessary data?
      • Throughout this process, keep in mind the company’s own tolerance for risk and ambiguity.
      • Haven:
        • the first thing you need to do is put a team in place to manage the process. You may need to engage a consultant to help drive the effort.
        • Get a handle on the range of technology.
        • Understand what your budgetary constraints are for the project.
        • Find out what your external counsel typically use. This may save money spent on the learning curve.
        • Should you involve procurement in the RFP process?
        • Get IT involved early — especially if you are looking at cloud solutions.
        • What geographies are ou looking at? It is more complicated to deploy eBilling platforms in Europe because of taxes.
        • Have a project manager to drive the implementation
        • Prepare eBilling guidelines and then train your external counsel regarding those guidelines (e.g., when to submit forecasts, bills, etc.)
          • CLOC has prepared some sample eBilling guidelines. You can find this via ILTA in the downloads connected with this session.
        • Put a team in place to monitor the tool, support use of the tool, push data to dashboards, etc.
    • What is the challenge for the law firm? The main challenge for the firm is provide help that is valuable to its client.
      • Review the firm’s historical matter billing records and share those with the client.
      • The firm can analyze its historical billing records.
      • The firm can research eBilling platforms internally (with finance, even though they may be fundamentally hostile to the various eBilling platforms) and externally (either with other clients who might be able to provide direct advice to Acme, or with consultants).
      • The firm can provide an eBilling solution as part of the entire engagement.
      • The firm should consider its own ability to support the business process improvement necessary internally for the firm to help the client’s aspirations regarding cost management.
      • Ask: what’s the clients essential problem and what assets do I have to help the client?
      • Caveat: Haven noted that it would surprise in-house counsel if many law firms have been asked this question since most law departments handle this on their own. That said, Debord reported that Bryan Cave often gets this request — especially when there is a new general counsel.
      • Haven: “I love the idea of collaborating on matter data.” Getting [external counsel] involved upfront on the types of eBilling features that would be helpful for both parties to manage a matter would be great.
      • Damon: If these conversations happen, it is usually between the client’s finance function and the law firm’s finance department. The partners don’t usually see anything except information on receivables.
  • Second Audience Exercise: “The Axe”.  You are in the legal department of Acme Corporation. The new general counsel has received a clear mandate from the board to cut expenses dramatically. The GC has set a goal of reducing overall spend by 30% over a two-year period. The GC is looking for at least a 10% reduction in 2016 and has asked you to present a high-level plan for the reductions by October 1, 2015.
    • What should the legal operations function do?
      • Assemble a team and then create a process map for the cost reduction effort.
      • Gather ideas: What are the low-hanging fruit? What work can you eliminate?
      • Then get historical data on legal spend to test your ideas/theories AND expose additional options
        • what do the types of legal work cost?
        • what do the various external firms charge?
        • what’s the relative efficiency of the firms?
      • Gather ideas: What types of work can you eliminate?
      • Consider reducing the size your panel of external counsel
      • Solicit cost reduction ideas from external counsel
      • Implement cost reductions.
      • Monitor ongoing work and costs to measure efficiency and quality. Have the lower costs led to lower quality?
  • Mike Haven.
    • The key is to spread a mindset that the world has changed. Clients are being pressed by their organizations to improve their service while cutting costs. The client’s objective is NOT to put the law firm out of business. However, the client has a deep interest  is working with efficient firms. The more the law firm understands the client’s needs, the more the firm can help.
  • Katie Debord.
    • There is a huge investigation stage to many matters. However, before jumping into this, take a step back and make sure you understand exactly what the client needs and how the client defines success.
  • Peter Krakaur.
    • Know your client. Understand the client’s business model. Have conversations with the clients. Don’t just get lost in the data. The client rarely has the luxury of time, so the firm needs to move quickly to support client decision making.
    • Invest more in process mappers and data analysts than in business development people. This change will ultimately bring the firm more business.
    • The client actually is looking for business advice, not just legal advice.
  • Lisa Damon.
    • Collaboration between a law firm and its client is critical. Eliminating 10% of cost is easy — firms do this all the time. The tougher challenge is to create a sustainable way of working together over the long term.
    • Start by listening carefully to the client.
  • John Alber.
    • Law firms need to change their attitude. Their “expert” attitude (e.g., we know all the answers) is highly toxic. Instead, firms need approach these challenges from an attitude of openness and collaboration.
    • Law departments are lean in resources, and they believe that law firms are relatively rich in resources. Yet the clients do not see firms bringing those resources to the relationship. Firms need to take a fresh look at their own assets and think in new ways about deploying them to improve the client’s situation.
    • Some law firms are training their associates to reforming attitudes and approaches. But 95% of firms are not.
  • Key Takeaway: Law firms cannot provide the ultimate value to clients until firms change their approach and then reorganize their processes and staffing to support the client the way the client wants to be supported.
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Revolutionary Integrations — #ILTACON #ILTA116

ILTACON 2015 LogoSession Summary: Attorneys need information about their matters from a variety of sources, and the days of having to jump from one tool or system to the next are over! See how firms are enabling collaboration, matter management and project management by strategically fitting together technologies to create a single platform where attorneys can create, collaborate, share and retrieve knowledge. They are simplifying the way attorneys access and interact with dozens of different technologies and creating next-generation systems designed to support and streamline attorney workflows. See firsthand how they are making it happen!

Speakers:

  • Meredith Williams, Baker Donelson
  • Jeffrey Rovner, O’Melveny & Myers
  • Ginevra Saylor, Dentons (moderator)

[These are my notes from the International Legal Technology Association’s 2015 Conference. Since I’m publishing them as soon as possible after the end of a session, they may contain the occasional typographical or grammatical error. Please excuse those. To the extent I’ve made any editorial comments, I’ve shown those in brackets.]

NOTES:

  • Audience Overview: There were about 90 attendees. When asked by the presenters, only about 5 attendees indicated that their firms had active matter pages.
  • O’Melveny’s Matter Pages. The firm introduced the concept of matter pages five years ago. They remembered the ease of having all matter materials within a single redweld. With digitization, however, the various materials related to a matter were scattered as far as the attorney was concerned: documents were in the document management system, correspondence in email inboxes or archive folders, financial information was in the time/billing system, etc.
    • The initial concept:
      • matter updates: news posted here for the benefit of the entire team, and also emailed to members of the team
      • financial information: amounts accrued/billed/realized, leverage, etc.
      • list of timekeepers
      • links to matter documents and practice support materials
      • ethical screen information
      • real-time information
      • interactive elements
    • The current approach: In addition to the original materials they have added
      • budgeting tools, including tools for alternative fee arrangements
      • key financial indicators (KPIs)
      • modules to support legal project management
    • The matter pages are a front-end to a wide range of data sitting in the data warehouse (in SQL tables in the original systems of record). They use stored procedures to avoid doing complex things on the fly.
    • They use Recommind to retrieve content from the document management system.
    • The visibility of matter pages is controlled by ethical screens and, in the absence of a mandatory screen, access can be limited to a defined group.
      • The matter pages are composed of modules. These modules have granular security so that the firm can restrict access to specific modules or to specific content within modules.
  • Baker Donelson’s Electronic Matter File.
    • “If you force them they will come.” They achieved this by consolidating all the relevant data into a single interface
    • Client/Matter Dashboards. These dashboards are created automatically in SharePoint 2010 as soon as a new matter is opened. The dashboards are designed for information consumption rather than collaboration.
      • They have almost 4000 dashboards.
      • The dashboards include basic information on how the client wants to be contacted.
      • They use Recommind to push the information into the dashboards.
    • Client Dashboards:
      • client profile details
      • documents
      • Interaction contact & event details
    • Matter dashboards:
      • critical content: financial data on the matter
      • matter budget
      • documents
      • correspondence
    • Extranets
      • Extranets enable collaboration by providing the ability to
        • see Information about the File
        • Manage the Client or File
        • Work the File more efficiently
      • Designed with mobility in mind
      • Client-facing extranets:
        • SharePoint team calendars — organized by matter
        • case assignment information — which Baker Donelson personnel are managing specific client matters
        • quarterly reports generated by Contract Express
        • wherever possible, they generate documents for each matter via Contract Express (document assembly)
        • discovery banks of related content
    • Next phase = BAKERPRACTICE
      • the KM team observed several lawyers as they worked — this revealed all the hassles of “dancing among the systems” in order to “work the file.”
        • behind this new effort is two years of due diligence plus four years spent clarifying their universe of matter types for the firm
      • they will have to create a new interface that allows lawyers to work a matter from a single place
        • a lawyer will see a list of files
        • then the lawyer the lawyer can drill down to the task that lawyer needs to accomplish
        • when the lawyer closes a document, the system will show the lawyer how time that lawyer spent drafting, show the likely client-matter number, and then ask the lawyer if she would like to report that time now.
        • when the lawyer closes an email, they will receive a similar billing prompt
      • they have retained an external UI/UX firm to make sure they get the user-facing elements right
      • they will be choosing participating vendors shortly
      • they estimate that BAKERPRACTICE will result in significantly more accurate time reporting (and billing)
  • Start with Why
    • Bring meaning to information
    • Matter management – matter centricity alone is not enough
    • Enhance collaboration
    • Simon Sinek:  “People don’t buy what you do, they buy why you do it.”
  • Lessons Learned.
    • Do not take the lawyer outside their process.  Learn their process and then build to that.
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G100 CIO Recap – #ILTACON #ILTA061

ILTACON 2015 LogoSession Summary: Members of ILTA’s G100 CIO Advisory Board provide a recap of the G100 CIO event held on Monday, August 31st.

Speakers:

  • Don Jaycox, CIO for the Americas, DLA Piper
  • Andy Jurczyk, CIO of Seyfarth Shaw
  • Robert Marburger, CIO of Alston & Bird
  • Dean Leung, CIO of Holland & Knight

[These are my notes from the International Legal Technology Association’s 2015 Conference. Since I’m publishing them as soon as possible after the end of a session, they may contain the occasional typographical or grammatical error. Please excuse those. To the extent I’ve made any editorial comments, I’ve shown those in brackets.]

NOTES:

  • Most of the attendees in the room are the senior leader for IT within their firms.
  • Challenges of working with a multi-generational workforce. Chris deSantis was the speaker at the G100 session.
    • There are 3 generations at work now: Boomers, Gen X and Millenials
    • We have to think about them, not only as employees in the IT team, but also as internal clients (both as lawyers and in other administrative departments.)
    • Why should we care about this? We are responsible for ensuring continuity and developing the leaders of tomorrow. This is more challenging when each generation has a different point of reference and different values.
    • Different aspirations:
      • In 1960, adulthood (the age of 30) meant completing school, leaving home, becoming financially independent, marrying and having a child. (This was true of 77% of women and 65% of men.)
      • In 2010, only 13% of women and 10% of men have achieved these “indicia of adulthood.”
    • Generational Split: about 2/3 of the G100 CIOs are boomers. Their senior staff also tend to be boomers as well.
      • Some of this is location-specific. There seemed to be more Gen Xers in senior roles in law firms outside the northeast.
      • See the Tattoo Index. For traditionalists and boomers, tattoos are a sign of rebelliousness. However, now tattoos are more about conformity than rebellion. (Millennials get at least six tattoos. For them, it is a matter of personal expression.)
      • See the Cellphone Index:  How many people sleep with their cellphones? Millennials and Gen X are much more likely to do so because it keeps them connected to their community.
    • Each generational group shares a common lens.  It has to do with the context when they were children, plus what their families talked about and were concerned about.  Gen Xers grew up with the oil crisis and war, so they tended to be more insecure and secretive. By comparison, Millenials grew up during one of the longest stretches of prosperity, so they tend more to optimism.
    • Each generation values different things:
      • Boomers: value training, picking a side or team (often led by a boomer), optimism, competition, conspicuous display, working, work ethic, upward mobility, the covenant of lifetime employment, permissive parenting, etc.
      • Gen X: self-reliant and independent, skeptical, informal, tech-savvy, etc. They seek work/life accommodation.
      • Millenials: digital natives and optimistic people who value diversity, social responsibility, collaboration and cohesion, constant contact (they look for praise frequently), transparency, the environment, being scheduled, being discerning consumers, etc.
        • They are the products of Gen X parents. Yet their Gen X don’t provide the same support that their Gen X parents do.  As Leung noted, “We inspire our kids, yet we admonish other people’s kids.”
    • Each generation needs different things from their managers.
    • A key difference among generations is how they handle telecommuting
      • Boomers grew up with face-to-face classrooms and socializing, so they assume that a work team needs to operate face-to-face as well.
      • Millennials much prefer to telecommute.
      • Seyfarth’s experience with telecommuting:
        • The Seyfarth Shaw team works remotely four days each week, but they do have one day when they gather to reinforce their sense of team and community. In addition, they have social events periodically to strengthen their ties.
        • Seyfarth will extend this model to other groups (including other departments and lawyers) in order to improve quality of life and reduce costs.
        • In Seyfarth’s experience, it has not been a technology challenge.  It requires leadership to do this successfully.
      • In most firms, the issue of telecommuting depends on the personality and experience of the head of a particular department.
    • There are two typical reactions to the generational differences:
      • Quit your whining and get back to work!
      • It is the obligation of the leader to help each person deliver their best work.
    • The generations tend to pivot. The Boomers were very rebellious (in the 1960s) and then pivoted to be incredibly hardworking. The same may happen to the Millenials.
  • Cybersecurity. Speakers were from the Department of Homeland Security (DHS) — Dr. Andy Ozment, Assistant Secretary, Office of Cybersecurity & Communications, and Daniel Sutherland, Associate General Counsel. Their presentation was What the DHS Can Do For You.
    • Cyber Risk Management:
      • 80% of time on best practices
      • 15% of time on sharing information
      • 5% of time on incident response
    • Most of the firms attending the G100 Summit were very focused on cybersecurity and implementing best practices.
    • Because of the frequent client-initiated security audits, the legal industry is no longer the “soft underbelly” and may in fact be ahead of most other industries in terms of cybersecurity.
    • The more we share information on security best practices (and events), the stronger the entire industry becomes.
    • The financial services industry struggled with the tension between data privacy and security. They were able to reach industry-wide guidelines on sharing security information within the industry to alert firms to security threats and enable all to achieve greater security. Ozment encouraged the legal industry to adopt guidelines that achieve a similar goal.
      • Once an industry knows more about security threats than the people doing the incursions, then the industry has the upper hand.
      • DHS is working to gather data regarding cybersecurity threats and incidents, and then distribute anonymized information to firms.
    • There are three types of security threats (vandals, spies and muggers). Each require a different response.
    • The DHS offer the legal industry 3 services (each service has its own website):
      • cybersecurity framework
      • critical infrastructure cyber community (C3) voluntary program
      • risk assessments
    • Take key (standard) measures and then do the risk assessment.  E.g., two-factor authentication, updated security patches, etc.
    • Jaycox: “We all had full-time jobs before cybersecurity became a major challenge.”
    • How to avoid incursions:
      • Implement all the recommended technical controls such as two-factor authentication, up-to-date security patches, upgrade your log aggregation services/methods so that you can understand what is happening on your network.
      • Understand that the vast majority of incursions (60-70%) occur via phishing.
      • Also be aware of DNS-related attacks. (This can be addressed by two-factor authentication.)
      • Make it a priority to educate users so they understand the risks of phishing.
    • Once there has been an incursion:
      • your first instinct is to shut them down and get them out as far as you can (unless they are in a super-critical area).
      • Instead, watch them for a short period of time to understand their pattern of operation so you can prevent the next incursion.
    • Lessons Learned for best security:
      • Two-factor authentication.
      • Least privilege.
      • Application whitelisting
      • Network segmentation.
      • Education.
  • Four Asks from the Department of Homeland Security. Each law firm should do the following:
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