Legaltech landscape: Difference between revisions

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{| class="wikitable sortable" style="text-align: left;"
{| class="wikitable sortable" style="text-align: left;"
!Phase
!<small>Phase</small>
!Function
!<small>Function</small>
!Description
!<small>Description</small>
!Management appreciation factor
!<small>Management appreciation factor</small>
!Implementation hassle
!<small>Implementation hassle</small>
!Lawyer acceptance factor
!<small>Lawyer acceptance factor</small>
!Glamour factor
!<small>Iatrogenic factor</small>
!Iatrogenic factor
|- style="vertical-align: top;"
|- style="vertical-align: top;"
|''Phase of contract process''
|''<small>Phase of contract process</small>''
|''What is the innovation?''
|''<small>What is the innovation?</small>''
|''What does the bit of kit do?''
|''<small>What does the bit of kit do?</small>''
|''How excited will management be about this?''
|''<small>How excited will management be about this?</small>''
|''How much of a pain in the fundament is getting the kit in, setting it up and getting it to work?''
|''<small>How much of a pain in the fundament is getting the kit in, setting it up and getting it to work?</small>''
|''Once implemented, how realistic is it that legal eagles will wholeheartedly embrace this tool?''
|''<small>Once implemented, how realistic is wholehearted embrace?</small>''
|''How clever,  complicated or unique is this as a piece of technology?''
|''<small>Risk of inadvertently entrenching rent-seeking behaviour?</small>''
|''How far might this tool inadvertently entrench current rent-seeking behaviour?''
|- style="vertical-align: top;"
|- style="vertical-align: top;"
| rowspan="3" "3"  style="vertical-align: middle;"|'''Initiation'''
| rowspan="3" "3"  style="vertical-align: middle;"|'''<small>Initiation</small>'''
|Law firm bid management
|<small>Legal fees bid management system</small>
|An auction portal for seeking competitive bids on external legal advisory projects
|<small>An auction portal for seeking competitive bids on external legal advisory projects</small>
|'''High''': delivers control, visibility, metrics and cost pressure on external counsel
|<small>'''High''': delivers control, visibility, metrics and cost pressure on external counsel</small>
|'''Medium''': This all falls on [[legal operations]] though, so you may confidently assume it will be done.
|<small>'''Medium''': This all falls on [[legal operations]] though, so you may confidently assume it will be done.</small>
|'''Low''': While no work to implement for lawyers, it removes autonomy, power to choose counsel, is unpopular with outside counsel as any bidding system guarantees more losers than winners.
|<small>'''Low''': While no work to implement for lawyers, it removes autonomy, power to choose counsel, is unpopular with outside counsel as any bidding system guarantees more losers than winners.</small>
|'''Low''': It’s eBay or Uber, isn’t it?
|<small>'''High''': Asks wrong question, namely: “how to I get the cheapest legal advice” rather than “how to I get the best advice or, for that matter, “do I need legal advice at all”.</small>
|'''High''': Asks wrong question, namely: “how to I get the cheapest legal advice” rather than “how to I get the best advice or, for that matter, “do I need legal advice at all”.
|- style="vertical-align: top;"
|- style="vertical-align: top;"
|Self-service portal
|<small>Self-service portal</small>
|A place where Sales can go to get pre-appoved legal forms to send out without vetting
|<small>A place where Sales can go to get pre-appoved legal forms to send out without vetting</small>
|'''High''': Speeds things up and pushes away low value work from Legal
|<small>'''High''': Speeds things up and pushes away low value work from Legal</small>
|'''Low''': Could be as easy as an intranet page or SharePoint. [[Legal operations]] as to do it.
|<small>'''Low''': Could be as easy as an intranet page or SharePoint. [[Legal operations]] as to do it.</small>
|'''Medium''': anything that pushes NDAs off the desk has to be a good thing.
|<small>'''Medium''': anything that pushes NDAs off the desk has to be a good thing.</small>
|'''Low''': Hardly rocket science
|<small>'''Low''': disintermediates unnecessary legal touch.</small>
|'''Low''': disintermediates unnecessary legal touch.
|- style="vertical-align: top;"
|- style="vertical-align: top;"
|Initiation and prioritisation tool
|<small>Initiation and prioritisation tool</small>
|A system for queueing prospects, getting necessary information and prioritising before starting negotiation
|<small>A system for queueing prospects, getting necessary information and prioritising before starting negotiation</small>
|'''High''': Good oversight of process, good MIS
|<small>'''High''': Good oversight of process, good MIS</small>
|
|<small>'''High''': It’s largely a tech and operational job, but it will span several silos. Design of the tool, ownership of and responsibility for it will be an unholy fight.</small>
|'''Medium''': Helps initiate drafting provided it is used properly and information accurately provided
|<small>'''Medium''': Helps initiate drafting provided it is used properly and information accurately provided</small>
|'''Low''': Doesn’t need much tech.
|<small>'''Low''': Disintermediates. Provides simple information inputs and disciplines personnel to follow process.</small>
|'''Low''': Disintermediates. Provides simple information inputs and disciplines personnel to follow process.
|- style="vertical-align: top;"
|- style="vertical-align: top;"
| rowspan="3"  style="vertical-align: middle;"|'''Drafting'''
| rowspan="3"  style="vertical-align: middle;"|'''<small>Drafting</small>'''
|Template Management
|<small>Template Management</small>
|Centralised templates database or clause library for approving and warehousing approved forms and boilerplate
|<small>Centralised templates database or clause library for approving and warehousing approved forms and boilerplate</small>
|'''Medium''': Should drive efficiency, but part of that ineffable world of [[legal eagles]] that management doesn’t understand
|<small>'''Medium''': Should drive efficiency, but part of that ineffable world of [[legal eagles]] that management doesn’t understand</small>
|
|<small>'''High''': Quite a lot of implementation, and legal ops will be disinterested. Once implemented, a lot of work to sort and upload templates, compare them, weed them out, and assign owners to them, which noone will want to do.</small>
|'''Low to Medium''': Requires a bit of vision and there is quite a bit of faffing around configuring it, and them ownership and so on, but a useful tool once implemented.
|<small>'''Medium''': A useful productivity tool once implemented, saving a lot of tedious bureaucracy, and a good platform for standardisation and quality control later on.</small>
|
|<small>'''Depends''' on how implemented: this could be a fulltime career for a squadron of nosey parkers, or it could be light touch and self-service tool.</small>
|
|- style="vertical-align: top;"
|- style="vertical-align: top;"
|Document Automation
|[[Document assembly|<small>Document automation</small>]]
|
|<small>A preconfigured questionnaire to generate first drafts of standardised contracts.</small>
|
|<small>'''High''': This is genuine high-five, look-at-me stuff: potential for handsome [[MIS]] is great. Also, it ''pitches'' really well. Reg tech providers love it.</small>
|
|<small>'''Very high''': requires input from lawyers, legal ops and reg tech providers. You have to extract the logic from your templates, code it, and build a machine to make it. Ongoing maintenance a chore, too.</small>
|
|<small>'''Theoretically high, practically low''': one of those things that seems great in concept, but sucks in practice. User becomes a form filler-outer. No lawyer wants that.</small>
|
|<small>'''High''': highly likely to take a bad contract situation and make it worse. Maintenance of templates becomes an IT ticket: expensive, slow, and out of lawyers’s hands.</small>
|
|- style="vertical-align: top;"
|- style="vertical-align: top;"
|Freehand Document Assembly
|<small>Freehand Document Assembly</small>
|
|<small>An add-in to word to allow lawyers to access the inhouse clause library to quickly assemble novel drafts from standard building blocks.</small>
|
|<small>'''Low''': What do I care? All the cool stuff is a function of the template management system it feeds off (if you haven’t got one of those, forget about it).</small>
|
|<small>'''Low''': Assuming you can find the software, it is a straightfoward plugin. This is the basic promise of a distributed end-to-end system.</small>
|
|<small>'''High''': this is a neat tool that saves time and ensures I don’t forget anything. What is not to like?</small>
|
|<small>'''Low''': Disintermediates nicely.</small>
|
|- style="vertical-align: top;"
|- style="vertical-align: top;"
| rowspan="4" "3"  style="vertical-align: middle;"|'''[[Negotiation]]'''
| rowspan="4" "3"  style="vertical-align: middle;"|'''[[Negotiation|<small>Negotiation</small>]]'''
|Document mananagement system
|[[Document mananagement system|<small>Document mananagement system</small>]]
|
|<small>A matter management system for creating drafts, storing emails, documents, version controls, and collaborating</small>
|
|<small>'''Yuuuuge''': This is the daddy. A DMS promises to give the lawyers infinite productivity and workflow, while delivering management total detail about what every lawyer does.<ref>It soundly breaks that promise, though not really by any fault of its own.</ref></small>
|
|<small>'''Immense'''. A multi-year project to extract your legal team from infrastructure the rest of the firm uses and put them on a “better” system. And that’s before you try to integrate it into your external spend control regime.</small>
|
|<small>'''High in theory, low in practice''':  [[Legal eagle]]<nowiki/>s think this is what they want: when presented it, they find their byzantine folder structure in Outlook PSTs wasn’t so bad after all.</small>
|
|<small>'''Higher than it ought to be'''. Suddenly there are information security officers, usage monitoring metrics, champion groups and stakeholder surveys</small>
|
|- style="vertical-align: top;"
|- style="vertical-align: top;"
|Automated contract review  
|[[Contract analysis|<small>Automated contract review</small>]]
|AI contract review and markup tools
|<small>AI — call it [[Neural network|neural networks]], [[machine learning]], or some [[Proverbial school-leaver from Bucharest|school-leavers from Bucharest]] —reviewing and marking up standard form contacts.</small>
|
|<small>'''High''': Because it presents, misleadingly, as low-hanging fruit, legal operations folk glom onto this as a way of making waves. Plus, the [[General counsel|GC]] hears AI and thinks “[[2001: A Space Odyssey|HAL 9000]]” and not “glamourised deltaview plus temps in Gdansk” as she really should.</small>
|
|<small>'''Low''': If you make the mistake of displaying any interest, replying to their email, vendors will be at you like a plague of locusts and will never let you go. all you need is a playbook and remember the email address.</small>
|
|<small>'''Low''': It reduces lawyers to form fillers, the form takes too long to come back, and it’s easy just to do it yourself. Full analysis [[Contract analysis|here]].</small>
|
|<small>'''High''': A job your  team used to do off the side of the desk now costs £400k  annually, and requires a weaponised procurement and internal audit system.</small>
|
|- style="vertical-align: top;"
|- style="vertical-align: top;"
|Manual review assistance
|<small>Manual review assistance</small>
|Comparison, formatting tools,
|<small>[[Document comparison|Comparison]], formatting tools,</small>
|
|<small>'''Low to nil''': This is not exciting, the procurement people will hate it, and IT will say things like “why don’t you just use document comparison function in word?”</small>
|
|<small>'''Low''': Usually a plugin to Word, though undoubtedly will be some configuration clashes with some other filters and metadata analysers already in use.</small>
|
|<small>'''Medium''': lawyers ought to love the productivity bump: they’re good with deltaview, but tend to leavev the formatting and janitorial stuff  alone.</small>
|
|<small>'''Low''': No humans required. Genuine disintermediation. Puts power in lawyers’ hands.</small>
|
|- style="vertical-align: top;"
|- style="vertical-align: top;"
|Negotiation platforms/portal
|<small>Negotiation platforms/portal</small>
|
|
|
|
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|- style="vertical-align: top;"
|- style="vertical-align: top;"
| rowspan="2" "3"  style="vertical-align: middle;"|'''[[Execution]]'''
| rowspan="2" "3"  style="vertical-align: middle;"|'''[[Execution|<small>Execution</small>]]'''
|Execution Approval
|<small>Execution Approval</small>
|
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|- style="vertical-align: top;"
|- style="vertical-align: top;"
|Digital execution
|<small>Digital execution</small>
|
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|- style="vertical-align: top;"
|- style="vertical-align: top;"
| rowspan="3" "3"  style="vertical-align: middle;"|'''Contract Management'''
| rowspan="3" "3"  style="vertical-align: middle;"|'''<small>Contract Management</small>'''
|Contract management
|<small>Contract management</small>
|
|
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|- style="vertical-align: top;"
|- style="vertical-align: top;"
|Metadata extraction
|<small>Metadata extraction</small>
|
|
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|- style="vertical-align: top;"
|- style="vertical-align: top;"
|Obligation management
|<small>Obligation management</small>
|
|
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|- style="vertical-align: top;"
|- style="vertical-align: top;"
| rowspan="2" "3"  style="vertical-align: middle;"|'''Tracking'''
| rowspan="2" "3"  style="vertical-align: middle;"|'''<small>Tracking</small>'''
|Onboarding process management
|<small>Onboarding process management</small>
|
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|- style="vertical-align: top;"
|- style="vertical-align: top;"
|Legal term benchmarking
|<small>Legal term benchmarking</small>
|
|<small>Heatmaps for determining which of your contract provisions are most hotly negotiated</small>
|
|<small>'''High''': Plays to the “[[high-modernist]], I can control everything by [[data]]” mindset.</small>
|
|<small>'''High''': involves you having implemented a ton of other innovations first. If you have, and they are working, it should be easy enough to generate. But you won’t have, and they won’t be.</small>
|
|<small>'''Medium''': if lawyers are allowed to freely interrogate the data. But, being “data” it will be kept at arms”s length and they will have to raise a ticket and wait to days to see any of it.</small>
|
|<small>'''High''': In order for it to be available, let alone working, there must already be a [[military-industrial complex]] of rent-seeking already in place.</small>
|
|}
|}
With gratitude to {{author|Alex Hamilton}} for setting this out in his excellent book {{br|Sign Here}}, here is a ''functional'' breakdown of the [[contract tech]] landscape — as Alex points out, any of these functions are captured by more than one tool — itself a commercial problem for Vendors, becasue no-one likes to buy duplications:
With gratitude to {{author|Alex Hamilton}} for setting this out in his excellent book {{br|Sign Here}}, here is a ''functional'' breakdown of the [[contract tech]] landscape — as Alex points out, any of these functions are captured by more than one tool — itself a commercial problem for Vendors, becasue no-one likes to buy duplications:

Revision as of 17:03, 4 October 2021

Phase Function Description Management appreciation factor Implementation hassle Lawyer acceptance factor Iatrogenic factor
Phase of contract process What is the innovation? What does the bit of kit do? How excited will management be about this? How much of a pain in the fundament is getting the kit in, setting it up and getting it to work? Once implemented, how realistic is wholehearted embrace? Risk of inadvertently entrenching rent-seeking behaviour?
Initiation Legal fees bid management system An auction portal for seeking competitive bids on external legal advisory projects High: delivers control, visibility, metrics and cost pressure on external counsel Medium: This all falls on legal operations though, so you may confidently assume it will be done. Low: While no work to implement for lawyers, it removes autonomy, power to choose counsel, is unpopular with outside counsel as any bidding system guarantees more losers than winners. High: Asks wrong question, namely: “how to I get the cheapest legal advice” rather than “how to I get the best advice or, for that matter, “do I need legal advice at all”.
Self-service portal A place where Sales can go to get pre-appoved legal forms to send out without vetting High: Speeds things up and pushes away low value work from Legal Low: Could be as easy as an intranet page or SharePoint. Legal operations as to do it. Medium: anything that pushes NDAs off the desk has to be a good thing. Low: disintermediates unnecessary legal touch.
Initiation and prioritisation tool A system for queueing prospects, getting necessary information and prioritising before starting negotiation High: Good oversight of process, good MIS High: It’s largely a tech and operational job, but it will span several silos. Design of the tool, ownership of and responsibility for it will be an unholy fight. Medium: Helps initiate drafting provided it is used properly and information accurately provided Low: Disintermediates. Provides simple information inputs and disciplines personnel to follow process.
Drafting Template Management Centralised templates database or clause library for approving and warehousing approved forms and boilerplate Medium: Should drive efficiency, but part of that ineffable world of legal eagles that management doesn’t understand High: Quite a lot of implementation, and legal ops will be disinterested. Once implemented, a lot of work to sort and upload templates, compare them, weed them out, and assign owners to them, which noone will want to do. Medium: A useful productivity tool once implemented, saving a lot of tedious bureaucracy, and a good platform for standardisation and quality control later on. Depends on how implemented: this could be a fulltime career for a squadron of nosey parkers, or it could be light touch and self-service tool.
Document automation A preconfigured questionnaire to generate first drafts of standardised contracts. High: This is genuine high-five, look-at-me stuff: potential for handsome MIS is great. Also, it pitches really well. Reg tech providers love it. Very high: requires input from lawyers, legal ops and reg tech providers. You have to extract the logic from your templates, code it, and build a machine to make it. Ongoing maintenance a chore, too. Theoretically high, practically low: one of those things that seems great in concept, but sucks in practice. User becomes a form filler-outer. No lawyer wants that. High: highly likely to take a bad contract situation and make it worse. Maintenance of templates becomes an IT ticket: expensive, slow, and out of lawyers’s hands.
Freehand Document Assembly An add-in to word to allow lawyers to access the inhouse clause library to quickly assemble novel drafts from standard building blocks. Low: What do I care? All the cool stuff is a function of the template management system it feeds off (if you haven’t got one of those, forget about it). Low: Assuming you can find the software, it is a straightfoward plugin. This is the basic promise of a distributed end-to-end system. High: this is a neat tool that saves time and ensures I don’t forget anything. What is not to like? Low: Disintermediates nicely.
Negotiation Document mananagement system A matter management system for creating drafts, storing emails, documents, version controls, and collaborating Yuuuuge: This is the daddy. A DMS promises to give the lawyers infinite productivity and workflow, while delivering management total detail about what every lawyer does.[1] Immense. A multi-year project to extract your legal team from infrastructure the rest of the firm uses and put them on a “better” system. And that’s before you try to integrate it into your external spend control regime. High in theory, low in practice: Legal eagles think this is what they want: when presented it, they find their byzantine folder structure in Outlook PSTs wasn’t so bad after all. Higher than it ought to be. Suddenly there are information security officers, usage monitoring metrics, champion groups and stakeholder surveys
Automated contract review AI — call it neural networks, machine learning, or some school-leavers from Bucharest —reviewing and marking up standard form contacts. High: Because it presents, misleadingly, as low-hanging fruit, legal operations folk glom onto this as a way of making waves. Plus, the GC hears AI and thinks “HAL 9000” and not “glamourised deltaview plus temps in Gdansk” as she really should. Low: If you make the mistake of displaying any interest, replying to their email, vendors will be at you like a plague of locusts and will never let you go. all you need is a playbook and remember the email address. Low: It reduces lawyers to form fillers, the form takes too long to come back, and it’s easy just to do it yourself. Full analysis here. High: A job your team used to do off the side of the desk now costs £400k annually, and requires a weaponised procurement and internal audit system.
Manual review assistance Comparison, formatting tools, Low to nil: This is not exciting, the procurement people will hate it, and IT will say things like “why don’t you just use document comparison function in word?” Low: Usually a plugin to Word, though undoubtedly will be some configuration clashes with some other filters and metadata analysers already in use. Medium: lawyers ought to love the productivity bump: they’re good with deltaview, but tend to leavev the formatting and janitorial stuff alone. Low: No humans required. Genuine disintermediation. Puts power in lawyers’ hands.
Negotiation platforms/portal
Execution Execution Approval
Digital execution
Contract Management Contract management
Metadata extraction
Obligation management
Tracking Onboarding process management
Legal term benchmarking Heatmaps for determining which of your contract provisions are most hotly negotiated High: Plays to the “high-modernist, I can control everything by data” mindset. High: involves you having implemented a ton of other innovations first. If you have, and they are working, it should be easy enough to generate. But you won’t have, and they won’t be. Medium: if lawyers are allowed to freely interrogate the data. But, being “data” it will be kept at arms”s length and they will have to raise a ticket and wait to days to see any of it. High: In order for it to be available, let alone working, there must already be a military-industrial complex of rent-seeking already in place.

With gratitude to Alex Hamilton for setting this out in his excellent book Sign Here, here is a functional breakdown of the contract tech landscape — as Alex points out, any of these functions are captured by more than one tool — itself a commercial problem for Vendors, becasue no-one likes to buy duplications:

  1. It soundly breaks that promise, though not really by any fault of its own.