Legaltech landscape: Difference between revisions
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|<small>Legal fees bid management system</small> | |<small>Legal fees bid management system</small> | ||
|<small>An auction portal for seeking competitive bids on external legal advisory projects</small> | |<small>An auction portal for seeking competitive bids on external legal advisory projects</small> | ||
|<small>'''High''': delivers control, visibility, metrics and cost pressure on external counsel</small> | |{{bg|green}}<small>'''High''': delivers control, visibility, metrics and cost pressure on external counsel</small> | ||
|<small>'''Medium''': This all falls on [[legal operations]] though, so you may confidently assume it will be done.</small> | |{{bg|yellow}}<small>'''Medium''': This all falls on [[legal operations]] though, so you may confidently assume it will be done.</small> | ||
|<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> | |{{bg|pink}}<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> | ||
|<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> | |{{bg|pink}}<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> | ||
|- style="vertical-align: top;" | |- style="vertical-align: top;" | ||
|<small>Self-service portal</small> | |<small>Self-service portal</small> | ||
|<small>A place where Sales can go to get pre-appoved legal forms to send out without vetting</small> | |<small>A place where Sales can go to get pre-appoved legal forms to send out without vetting</small> | ||
|<small>'''High''': Speeds things up and pushes away low value work from Legal</small> | |{{bg|green}}<small>'''High''': Speeds things up and pushes away low-value work from Legal</small> | ||
|<small>'''Low''': Could be as easy as an intranet page or SharePoint. [[Legal operations]] | |{{bg|green}}<small>'''Low''': Could be as easy as an intranet page or SharePoint. [[Legal operations]] has to do it.</small> | ||
|<small>'''Medium''': anything that pushes NDAs off the desk has to be a good thing.</small> | |{{bg|yellow}}<small>'''Medium''': anything that pushes NDAs off the desk has to be a good thing.</small> | ||
|<small>'''Low''': disintermediates unnecessary legal touch.</small> | |{{bg|green}}<small>'''Low''': disintermediates unnecessary legal touch.</small> | ||
|- style="vertical-align: top;" | |- style="vertical-align: top;" | ||
|<small>Initiation and prioritisation tool</small> | |<small>Initiation and prioritisation tool</small> | ||
|<small>A system for queueing prospects, getting necessary information and prioritising before starting negotiation</small> | |<small>A system for queueing prospects, getting necessary information and prioritising before starting negotiation</small> | ||
| {{bg|green}}<small>'''High''': Good oversight of process, good MIS</small> | | {{bg|green}}<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> | |{{bg|pink}}<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> | ||
|<small>'''Medium''': Helps initiate drafting provided it is used properly and information accurately provided</small> | |{{bg|yellow}}<small>'''Medium''': Helps initiate drafting provided it is used properly and information accurately provided</small> | ||
|<small>'''Low''': Disintermediates. Provides simple information inputs and disciplines personnel to follow process.</small> | |{{bg|green}}<small>'''Low''': Disintermediates. Provides simple information inputs and disciplines personnel to follow process.</small> | ||
|- style="vertical-align: top;" | |- style="vertical-align: top;" | ||
| rowspan="3" style="vertical-align: middle;"|'''<small>Drafting</small>''' | | rowspan="3" style="vertical-align: middle;"|'''<small>Drafting</small>''' | ||
|<small>Template Management</small> | |<small>Template Management</small> | ||
|<small>Centralised templates database or clause library for approving and warehousing approved forms and boilerplate</small> | |<small>Centralised templates database or clause library for approving and warehousing approved forms and boilerplate</small> | ||
|<small>'''Medium''': Should drive efficiency, but part of that ineffable world of [[legal eagles]] that management doesn’t understand</small> | |{{bg|yellow}}<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> | |{{bg|pink}}<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> | ||
|<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> | |{{bg|yellow}}<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> | |{{bg|yellow}}<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 assembly|<small>Document automation</small>]] | |[[Document assembly|<small>Document automation</small>]] | ||
|<small>A preconfigured questionnaire to generate first drafts of standardised contracts.</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> | |{{bg|green}} <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> | |{{bg|pink}}<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> | |{{bg|pink}}<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> | |{{bg|pink}}<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;" | ||
|<small>Freehand Document Assembly</small> | |<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>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> | |{{bg|pink}}<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 | |{{bg|green}}<small>'''Low''': Assuming you can find the software, it is a straightforward plugin. This is the basic promise of a distributed [[End-to-end principle|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> | |{{bg|green}}<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> | |{{bg|green}}<small>'''Low''': Disintermediates nicely.</small> | ||
|- style="vertical-align: top;" | |- style="vertical-align: top;" | ||
| rowspan="4" "3" style="vertical-align: middle;"|'''[[Negotiation|<small>Negotiation</small>]]''' | | rowspan="4" "3" style="vertical-align: middle;"|'''[[Negotiation|<small>Negotiation</small>]]''' | ||
|[[Document mananagement system|<small>Document mananagement system</small>]] | |[[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>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> | |{{bg|green}}<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> | |{{bg|pink}}<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]] | |{{bg|pink}}<small>'''High in theory, low in practice''': [[Legal eagle]]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> | |{{bg|yellow}}<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;" | ||
|[[Contract analysis|<small>Automated contract review</small>]] | |[[Contract analysis|<small>Automated contract review</small>]] | ||
|<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>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> | |{{bg|green}}<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> | |{{bg|green}}<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> | |{{bg|pink}}<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 | |{{bg|pink}}<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;" | ||
|<small>Manual review assistance</small> | |<small>Manual review assistance</small> | ||
|<small>[[Document comparison|Comparison]], formatting tools,</small> | |<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> | |{{bg|pink}}<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> | |{{bg|yellow}}<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> | |{{bg|yellow}}<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> | |{{bg|green}}<small>'''Low''': No humans required. Genuine disintermediation. Puts power in lawyers’ hands.</small> | ||
|- style="vertical-align: top;" | |- style="vertical-align: top;" | ||
|<small>Negotiation platforms/portal</small> | |<small>Negotiation platforms/portal</small> | ||
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|<small>Legal term benchmarking</small> | |<small>Legal term benchmarking</small> | ||
|<small>Heatmaps for determining which of your contract provisions are most hotly negotiated</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> | |{{bg|green}}<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> | |{{bg|pink}}<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> | |{{bg|yellow}}<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> | |{{bg|pink}}<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> | ||
|} | |} |
Revision as of 18:12, 4 October 2021
With gratitude to Alex Hamilton for this categorisation 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, because no-one likes to buy duplications. By way of prediction as to what will fly, what won’t, and what will lumber along the ground like a rhinoceros flapping miniature gossamer wings and wondering why she cannot get airborne, the JC has added commentary along the lines of cui bono — management or lawyer? — how hard is each to implement, how readily will a legal eagle take to it, if it is implemented, and to what extent does its careless implementation aggravate problems the installation was meant to solve?
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 has 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 straightforward 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. |
- ↑ It soundly breaks that promise, though not really by any fault of its own.