Legaltech landscape
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:
- ↑ It soundly breaks that promise, though not really by any fault of its own.