Embracing Sustainable Innovation Initiatives to Build a Future-Focused Library
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Sustainable Initiatives for Future-Focused
Library
Current State of Legal Innovation
July 2019Adapted from 2019 AALL Annual Conference session
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Session summary
AALL 2019 Annual Meeting and Conference
July 14, 2019
Hot Topic: Embracing Sustainable Innovation
Initiatives to Build a Future-Focused Library
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Ron Friedmann, LAC Group
Darin Fox, University of Oklahoma Law Library
Marlene Gebauer, Greenberg & Traurig, LLP
Jean O’Grady, DLA Piper
Speakers and Moderators
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Speakers:
Moderator:
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(BTI Consulting)
Breadth of services
Advising on Business Issues
Brings together firm resources
Unprompted Communication
Anticipates Client’s Needs
Deals with Complexity
Innovative Approach
Deals with Unexpected Changes
Keeps Clients Informed
Handles Problems
Legal Skills
Meets Core Scope
Quality Products
Understand the Client’s Business
Client Focus
Commitment to Help
Value for the Dollar
Clients also want better service
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Flat Demand Compels Change
More than ever before, in the face of evolving technology and the growth of
alternative legal service providers in market share, it means becoming more
efficient and adaptable in the way a firm delivers legal services.
- Citi 2019 Client Advisory
Success in this market will likely come to firms who are most nimble in their
response to client demands for a more efficient delivery of legal services.
- Citi 2018 Client Advisory
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26. The Key Issues
Activity > adoption
Client uptake
Top-down vs. bottoms-up
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Clients say they
want innovation,
but little
evidence they
reward it or
punish lack of it
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Local Area Networks
Document Management
Internet
Email
Intranets
eDiscovery
Spreadsheets
Word processing
PCs
Online legal research
Decision trees
Document assembly
1980s 00s 2020+
1990s 2010s
Mobile phones + email
Social media
Email
Cloud
eDiscovery
?
Smart mobile devices
Intranets
Social media
eDiscovery
Cloud
AI
Blockchain
Legal analytics
Collaboration software
Innovation Happens Quickly but Adoption Takes Time
Legal Market Innovation Timeline + Uptake
DEGREE OF UPTAKE: Red - LOW Yellow - MODERATE Green - HIGH 27
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1. Problems to solve (more important than ideas)
2. Practice understanding
3. Proponents / supporters (more important than individuals)
4. Budget
5. Receptive users
6. Skills (tech, data analytics, persuasion, etc.)
7. Patience and perseverance
Innovation Ingredients (partial list)
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And if possible, the final ingredient...
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Conclusions
1. Focus on incremental change, not disruption
2. Stay aware of stumbling blocks
3. Put the innovation ingredients in place
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Editor's Notes
Expand on partial next slide… Agile and MVP
Expand on partial next slide… Agile and MVP
To frame legal market, a quick look at the overall economy.
Disruption is common across the economy, past and present.
Some examples.
Copper line phones disrupted by mobile phones and VOIP
When is the last time you heard complaints about Ma Bell or a Baby Bell? They are irrelevant as copper line providers.
Digital media disrupts newspapers and magazine > underway still
Online shopping disrupts traditional retailers - retail shrinking and changing rapidly in response. Toys R Us one of the more prominent examples but see also MSM for regular reports of other retailers going under.
> underway still
Driverless cars may alter, if not disrupt traditional car makers and whole industry supporting, including infrastructure
We don’t know but it generates a lot of talk - and major corporate moves
>> Possible in our lifetimes
While disruption and rapid change occurs regularly in our daily lives, is that true for the legal market?
Not really...
2008 was biggest change in Big Law in my lifetime. Led to and continues to support commentators predicting disruption…
Data on smaller law is harder to find.
But as Jae S Num showed (16 March 2018) in this great dataviz, Am Law 100 arguably not that impacted
https://medium.com/@jaesunum/dataviz-and-realtalk-about-big-laws-new-normal-ae4a23683685
In the year+ since she published this, more mergers but not major dissolutions.
>>> THIS IS NOT THE PICTURE OF DISRUPTION!! <<
In aggregate, the Am Law 100 have experienced little growth since the 2008 crash. Revenue is up but most of the increase is a result of rising rates. Firms have lost share to clients bringing work in-house, though recent data suggest that trend may have peaked.
Clients are pressuring firms to deliver more value. There is anecdotal evidence that they use law firm innovation initiatives as a proxy for value.
Also driving innovation is intense competition among peer groups of firms. When differentiation is hard… advertising innovation helps.
Firms outside the top 10 (maybe 20) face some risk of losing some business to alternative providers, which advertise how they are far more “tech enabled” than law firms. There is some perception that innovation initiatives counter this. [Statements that firms have lost work to ALSP are IMO, now well-supported by good quality data.]
Partners at large firms also face peer pressure. This point is related to competition but there is also, independently of competition, a sense that “my firm has to keep up with peers - if they are doing innovation, we need to do it too”
Law firm have lost business to their clients
Adjusted for inflation, would look worse
The top firms have a different experience than those outside the top - most are flat
Within tiers, that drives heavy competition
https://www.law.com/2019/01/17/there-is-more-than-one-big-law/
ALM, 17 Jan 2019
2018 Altman Weil CLO Survey, page 45. Report released November 2018.
https://www.bticonsulting.com/17-activities#we-have-proof Visited 21 Jun 2019 - 09:17AM
First published in 2016
This is a sampling of innovation initiatives. It is a partial subset of those that firms have branded.
While count of the number of firms “doing innovation” will vary by the criteria used, by any measure, it is up dramatically in the last few years.
More anecdata supporting the innovation fever…
A few years ago, we would not have seen so many headlines in six months.
LINKS to and dates for 2019 HEADLINES (1 LATE 2018)
COLUMN 1
DLA - https://www.law.com/americanlawyer/2019/05/02/hedging-against-recession-dla-piper-bets-on-data-and-tech-programs/?slreturn=20190403080718 May 2
WSGR: https://www.law.com/therecorder/2019/06/05/with-new-chatbot-track-for-summer-associates-
wilson-sonsini-puts-ai-to-the-test/ June 5
WSGR https://biglawbusiness.com/wilson-sonsini-expects-millions-from-new-app-at-7-500-a-doc June 3
Slaughter & May - https://www.artificiallawyer.com/2019/02/27/slaughter-and-may-launches-its-own-legal-tech-programme-apply-now/ - Feb 27
--
COLUMN 2
Orrick - June 17 - https://www.law.com/americanlawyer/2019/06/17/crazy-ideas-welcome-how-orrick-is-working-to-build-an-innovation-culture/?slreturn=20190518082013
Fenwick - https://www.law.com/legaltechnews/2018/12/20/how-fenwick-labs-growth-is-a-microcosm-of-legal-techs-evolution - 20 Dec 2019
Lowenstein - June 4 - https://www.law.com/njlawjournal/2019/06/04/27293/?slreturn=20190518082529
Greenberg - June 11 - https://biglawbusiness.com/greenberg-traurig-not-practicing-law-launches-innovation-subsidiary
Linklaters: Feb 27 https://www.artificiallawyer.com/2019/02/27/linklaters-makes-1st-startup-investment-in-nivauras-20m-funding-ao-orrick-also-invest/
Clifford CHance (CC): March 26 - https://www.law.com/legal-week/2019/03/26/eight-banks-snap-up-ccs-digital-contract-product/
Again, the result even 3 years ago would have been way lower
So by any reasonable metric, innovation is exploding.
What does it mean… why and what do we make of it? Next slide
LinkedIn search, 19 Jun 2019
https://www.linkedin.com/search/results/people/?facetGeoRegion=%5B%22us%3A0%22%5D&facetIndustry=%5B%229%22%2C%2210%22%5D&origin=FACETED_SEARCH&title=innovation
Note: On LinkedIn, the number of profiles one can view depends on the number of connections. Consequently, running the same search may yield different results than when Ron Friedmann ran this.
These are results of a survey that this panel conducted in June 2019 for this panel
These are results of a survey that this panel conducted in June 2019 for this panel
Innovation activity is way higher than adoption.
Client bark > bite. Clients say they want innovation but (1) they don’t innovate much and (2) little evidence that they reward innovation or punish lack of it
Open question is what drives the best result: top down, central effort; bottoms-up effort; practice-centric; other
IMPLICATIONS:
Some practices are changing how they work because of innovation.
But it’s probably not as fast as we think.
One example of a rapidly adopted change is machine learning tools that accelerate due diligence review. . . (EG: Kira or Luminance)
Even at firms that use an ML tool, it does not dramatically change the work overall. It eliminates some drudgery and allows more thinking and analysis.
Innovation activity is way higher than adoption.
Client bark > bite. Clients say they want innovation but (1) they don’t innovate much and (2) little evidence that they reward innovation or punish lack of it
Open question is what drives the best result: top down, central effort; bottoms-up effort; practice-centric; other
IMPLICATIONS:
Some practices are changing how they work because of innovation.
But it’s probably not as fast as we think.
One example of a rapidly adopted change is machine learning tools that accelerate due diligence review. . . (EG: Kira or Luminance)
Even at firms that use an ML tool, it does not dramatically change the work overall. It eliminates some drudgery and allows more thinking and analysis.
Expand on partial next slide… Agile and MVP
While not always possible, innovation projects that involve clients likely will gain more traction