Data and the Law

The practice of law has, for a long time and, perhaps for some, blissfully existed in a what would appear to the outsider like a static world. The mere mention of change would send shivers down the spine of even the most hardened cutthroat big law firm partner. For those on the outside or the outskirts of the legal profession, whenever you had a problem involving a law, you simply called a lawyer and the lawyer was tasked with solving the problem. Few questions, if any, were asked. Even through the 20th century this remained by and large the way things were when it came to practice of law.  Continue reading

Jason Barnwell

Jason Barnwell leads Microsoft’s Legal Business, Operations, and Strategy team. He is also an innovator, a software developer, and a thought leader. I had the pleasure of interviewing him about his thoughts on innovation, change within the legal industry, and, as he describes it, his software writing hobby.  Continue reading

Lucy Bassli

Lucy Bassli likely needs little introduction. For those who do not know her or her work, you should. She spent a little over 13 years at Microsoft, most recently as Assistant General Counsel, Legal Operations and Contracting. She made news recently by leaving that role to start her own business www.innolegalservices.com and to become Chief Legal Strategist at LawGeex. She is a renowned expert on contracting and what is now known as legal operations. She also has a clear and evident passion for “moving legal services into the modern era by focusing in legal department efficiencies, alternative legal service providers, metrics and data-driven process improvements.” She has spoken extensively on these topics and, on a personal note, she has been someone I have long admired. I had the pleasure of recently speaking with her about her work.

How would you define legal operations?

Right now, it is being defined very broadly and rightfully includes a long list of functions, capabilities, professions and skillsets. In short, I’d say legal operations is running a legal department like a business. Typical business practices include data-driven decisions, tracking and measuring progress, setting goals and timelines, workforce planning and resourcing, budgeting and forecasting, to name a few. All of those common principles are now being more commonly applied to law departments in corporations.

What was the impetus behind your implementation of legal operations at Microsoft? How did you go about implementing such a department?

At Microsoft, we had legal operations in various parts of the department, and they were quite robust. For example, my contracting operation grew out my commercial transaction practice. My regular lawyer job morphed into an operation sort of organically. Then we thought that perhaps that sort of operational experience can be leveraged more broadly across the department, so I moved groups to a place where I could influence other legal teams to consider process optimization, outsourcing tasks, automation, etc. Once my role was solidified, we worked on creating a virtual team of operations professionals who would engage more frequently to share best practices. So, even though we were still in different parts of the department, we began to create recurring opportunities to share ideas and leverage resources, like vendor management, technology solutions, information management solutions, etc.
You have said that with “the right process optimization and resource stratification, technology can amplify efficiencies to an unimaginable level.” How would you define process optimization and resource stratification?

Any review of the current way in which work is done and subsequent improvement in that process is a step towards optimization. Reaching a truly optimized process is hard, and nearly impossible. Business changes so fast, it is necessary to continuously reevaluate and change processes. As part of the process review, often a natural outcome is the question of whether the right people are doing the work, and if that is the best use of their time. Part of the process review forces the discussion about aligning the right work with the right people. The first step is really to appreciate and accept that the work of lawyers can also be reduced to some basic process flows. The analysis and creative thinking cannot, but the steps that an attorney takes to gather information, request more details, review documentation, engage other experts, etc, are all steps in their daily process, which can be mapped and reviewed for efficiencies. Having the right experienced project managers engage with attorneys on assessing their processes can result in an eye-opening outcome that quickly identifies opportunities for quick wins. Some of those quick wins can be to move certain tasks performed by an attorney to others in the department, like searching for documentation, or summarizing certain data points. Once a process is mapped, it is easy to ask questions like “Why would an attorney spend time researching online for {fill in the blank}?” If that is a step in the daily work of an attorney, that is one that can easily be moved to someone else. Seems very basic, but until the process is mapped it is hard to make these objective decisions.

How has legal tech played a role in legal operations?

Technology in the back office of legal operations (infrastructure and foundational) has been quite successful in taking tasks off of legal professionals that were administrative and tedious. Those technology solutions, like information sharing, collaboration, knowledge management, spend management, and almost any other type of {fill in the blank} management system has enabled attorneys and other legal professionals to spend less time on certain tasks. Now, legal tech is beginning to really impact the work lawyers do related to their legal training and experience: contract review, risk analysis, pleadings, legal research, and other areas. In either place, the one thing legal tech has done well is force the conversation of innovation. Even when legal tech is not the right answer, it’s the catalyst for discussion about change and improvement.

What would be the first piece of advice you would give to someone who wanted to implement their own legal operations department?

Figure out a pain point for the department and identify a champion for change. Start there. A department starts with one person.

Alex Hamilton

Alex Hamilton is the co-founder of Radiant Law as well as a leader in the legal technology and legal innovation spaces. Prior to co-founding Radiant Law, he worked for several years as a lawyer on technology deals and business process outsourcing deals. Radiant Law is not your typical law firm. The firm combines outsourcing and technology to transform the practice of law as applied to commercial contracts.  Continue reading

Contracts – A Return to Basics

Contracts. What can I say? I love them! If you have read my previous posts, this likely does not come as much a surprise. The reason that I love them is, because, as I wrote in my very first blog post, contracts serve as the bridge connecting the law with business. Being that bridge, they serve to define the contours of a business relationship. These contours can and often do change, so a contract needs to have a certain degree of flexibility. Thus, drafting and negotiating them involves far more than two parties talking at opposite ends of along, ornate, and shiny oak table.

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Contracts: Bridging the Gap between Legal and Business

test1b_27x27Contracts. While not always the most “glamorous” of legal work, they are an essential part of the business process. Contracts serve as a bridge between the legal and business functions. Sometimes negotiating them is straightforward, sometimes negotiating them can be a long and drawn-out process. More often than not, it is something in-between.

When I was first assigned a contract negotiation in a corporate setting, it was trial by fire. I had all the legal theory underlying contracts ingrained in my head. Yet, when faced with my first major deal, I felt lost like a sailor adrift at sea. The issue was not my legal knowledge, but something just as important. Continue reading