Introduction
In the rapidly evolving landscape of LegalOps, the relevance of integrating advanced methodologies to drive efficiency and innovation has never been more apparent. LegalOps is a much-needed new paradigm that is finding its voice.
LegalOps teams, with their unique blend of change management expertise, business analysis, process improvement, legal engineering, legal technology, and now, innovation specialists, particularly with the urgent integration of AI, are defining what it means to deliver legal services effectively. As such, LegalOps roles between organisations differ widely because of the need to straddle these disciplines (I am yet to find a job description which doesn’t require a blend of skills) and great work is being carried out globally to stratify and define roles and responsibilities.
We want the same thing
One thing that has been evident from the outset and from my experience working in Legal Operations for several years is: the desire to make an impact. This desire is shared by the profession, which is why I (much like Colin) know I belong here.
The impact we seek in LegalOps is sometimes crudely framed as a drive for increased profitability-or as many LegalOps teams are regarded as a cost-center-greater efficiency. Through an altruistic lens, impact can mean greater access-to-justice. Holistically it extends to the well-being of the lawyers we serve and by extension providing greater outcomes for our clients. The impact I seek is rooted in a moral obligation to do better: we can, therefore we should.
In my own search for strategies to create impact, my curiosity met with serendipity and I was introduced to the methodologies and frameworks of Implementation Science. I hope to show in this article what can be learned from research rooted in public health which is increasingly (and empirically) helping professionals and the communities they serve deliver and assess impact.
What is Implementation Science?
Implementation Science arose as a response to the gap between medical and health-related innovations and their practical application, engaging professionals and researchers from healthcare, public health, and social services. Implementation Science is used to improve the application of evidence-based practices and innovations with the goal to enhance outcomes (make an impact) by ensuring that effective interventions are not only developed but also correctly implemented and sustained in real-world settings. The discipline has grown on its own merits to show value in other fields such as business, education, change management, process optimization, and stakeholder engagement.
Enhancing LegalOps
I’m conscious that my journey into LegalOps may reveal my naivety, as experienced change management professionals will readily find common ground here. However, the LegalOps industry will only grow at the necessary speed required by encouraging and welcoming people from a wide range of backgrounds – not just lawyers and paralegals, but professionals from other industries like software engineers, marketers and data scientists.
As a lawyer (I’m still a lawyer even if regrettably referred to as a ‘non-lawyer’ if working in business services by some firms), I naturally gravitate towards the precision of language and syntax as tools of delivery. I have discovered that by looking at the language of Implementation Science we can draw parallels and borrow ideas to augment our approach to delivering impact. And, as a lawyer, there is a strong caveat to my opinion in that this does not mean we need to start again—consider this progressive enhancement.
There are a number of established methodologies and frameworks which provide strategies for delivery which have strong correlation and sometimes direct overlap with change management in a business context. In the sections that follow, I will delve deeper into Implementation Science, illustrating how its principles can be directly applied to the challenges and opportunities within LegalOps today.
Key Principles of Implementation Science
The field of implementation science systematically aims to bridge the 'know-do gap'—the disconnect between existing knowledge and practical application—by identifying and overcoming the barriers that impede the adoption of proven health interventions and evidence-based practices. Similarly, in Legal Operations, there is a distinct need to close the gap that exists between both existing and emerging legal technologies and their practical implementation within legal departments.
The key principles of Implementation Science are:
(a) the use of evidence-based practices;
(b) understanding and adapting to context;
(c) engaging stakeholders throughout the process;
(d) developing and supporting capacity for change;
(e) employing iterative cycles of implementation;
(f) evaluating progress continuously;
(g) ensuring sustainability and
(f) dissemination of knowledge.
These pillars collectively guide the successful integration of knowledge into practical, real-world applications to ensure effective and sustainable outcomes. After all, long term impact is critical to justify the very real investment law firms are making to our profession.
Interventions vs Initiatives
A quick note on "interventions". This term is used frequently (but not exclusively) in Implementation Science owing to its place in healthcare settings. The analogous term in Legal Operations, in my opinion, is "initiatives," which encompasses a variety of strategic efforts and programs aimed at improving legal processes, integrating new technologies, and enhancing overall efficiency and effectiveness within legal departments. These initiatives are structured and targeted actions (just like interventions) designed to address the challenges and opportunities in law.
Now—back to the pillars.
a) Evidence-Based Practice
Implementation Science prioritizes the use of interventions that are supported by strong empirical research and evidence. This principle ensures that the strategies and practices implemented are not only theoretically sound but have also been proven effective in practical applications.
In Legal Operations, this means understanding ‘what we know works’. So how do we determine what actually drives value in legal services delivery when we are in the midst of exploring what’s possible with new technologies and AI and adopting mature best-practices from other professions such as Finance, Marketing and Accounting?
In the absence of scientific research, here are some places to look:
- Internal case studies from other departments: draw upon success and best practices in other teams and draw parallels to form your sector strategy.
- External success from other firms in your peer network: Benchmark against other organizations within your industry to identify effective practices and technologies that have contributed to their success. (This does require transparency and openness which I will address later).
- Industry insights: Regularly review literature from thought leaders and industry-specific research that discuss trends, case studies, and best practices.
- Feedback from stakeholders: Gather insights directly from clients, staff (particularly at the coal-face), and other key stakeholders to understand their needs and the effectiveness of current practices.
- Professional networks and conferences: Engage with professionals at industry conferences or through professional networks to learn about innovative practices and real-world results. We are fortunate to have a growing number of dedicated events where we can connect and learn – adjust your budgets accordingly!
b) Contextual Adaptation
In Implementation Science, the principle of contextual adaptation is central to the successful integration of change efforts. This principle acknowledges that each intervention must be customized to align with the specific cultural, organizational, and environmental contexts of the setting where it is being applied. Implementation Science differentiates between two contexts: inner and outer.
- Inner context refers to factors internal to the organization, such as the prevailing culture, governance structures, available resources, and the existing skill sets. These elements can significantly influence how an intervention is received, implemented, and sustained. For example, an organization with a strong culture of innovation and teamwork may more readily adopt new health interventions compared to one with a rigid, hierarchical structure.
The inner context in LegalOps might include the department’s strategic alignment with the broader corporate goals (mergers and consolidation in the market impede this), the technology infrastructure in place (particularly across offices), and the staff's willingness to embrace new processes or technologies. For example, a corporate or litigation department that is well-versed in using advanced analytics and / or AI or contract analysis or e-Discovery will be more adept at integrating and capitalizing on new legal tech solutions.
- Outer context involves external factors that impact the organization, including regulatory requirements, technological advancements, economic conditions, and broader social and cultural trends. These elements can either facilitate or hinder the adoption and success of interventions. For instance, changes in healthcare policy or funding can drastically affect the implementation of new medical practices or treatments. This is never more apparent than with changes in political leadership at the very top of government.
The outer context for LegalOps could include changes in legal regulations (I’m looking at you GDPR), evolving industry standards and expectations (data-driven decision making, remote working and paperless offices) and general market conditions that influence legal practices.
Stakeholder Engagement
Implementation Science stresses the importance of involving all relevant stakeholders in the planning, execution, and evaluation of interventions. This includes practitioners, clients, policymakers, and community members.
One of the primary barriers in LegalOps is resistance to change. For example, despite widespread agreement on the merits of fixed-fees, adoption is slow and uneven both between firms and across departments. Lawyers are unfairly tarred with being rigid and considered to be skeptical of new technology. I don’t believe that is the case anymore, likely there are barriers to innovation in the inner context rather than in lawyers intrinsically. The main barriers to impact are two-fold: finding the time to innovate and knowing what to do.
In LegalOps, facilitating stakeholder engagement is pivotal for the successful implementation of new initiatives and technologies. In order to do this, we should actively plan and engage with the following concepts:
1. A Clear, Well-Defined Discovery Process: The initial step in LegalOps often involves a discovery process to identify the specific needs and pain points of all stakeholders. Just like in Implementation Science, it sets a foundation for accurate problem definition, assessing readiness to change, identification of high impact initiatives and anticipating potential barriers—paving the way for smoother implementation and adoption.
2. Feedback Loop: Continuous feedback from stakeholders provides insights into how well the initiatives are working and what adjustments may be necessary. You should expect to course-correct and fine tune often. Share that expectation early.
3. Win Hearts and Minds: Adoption of new practices requires more than just acknowledgment from stakeholders—it requires their enthusiastic support and active participation. LegalOps must work to win over the stakeholders by clearly communicating the benefits and potential early impact of initiatives. We can humanize our successes and attach real people to real progress -- leveraging all measures of impact to secure buy-in.
4. Develop a Culture of Innovation: We could debate whether culture beats strategy. Both are important. Strategy sets the roadmap for innovation whereas culture is the willingness to go on the journey. Cultivating an environment that encourages experimentation (e.g. safe places to explore, particularly with AI) and supports new ideas is vital. This comes from the top (that’s where the buy-in becomes important) where leaders empower staff to be creative, actively valuing or incentivizing experimentation, knowing that their efforts here are just as valuable as their billable hours.
c) Capacity Building
For Implementation Science, building the capabilities of individuals and organizations to implement and sustain new practices effectively involves training, providing resources, and creating supportive infrastructures.
For LegalOps to thrive, it's essential to provide access to training that extends the skills of each team member according to their unique career backgrounds and current roles. A tailored approach to skill development is particularly important in a field as interdisciplinary as Legal Operations, where team members come from diverse professional backgrounds.
For example, lawyers transitioning into LegalOps roles may require additional training in technical skills such as data analytics, procurement or software development to effectively manage and leverage legal technologies. Conversely, developers or engineers who move into LegalOps might need to enhance their understanding of legal processes, compliance requirements, or develop business analyst skills to better align technological solutions with legal needs.
A tip for smaller teams: where specialization is less feasible due to lower headcount, each member should have a broad set of skills that allow for flexibility and adaptability. For larger teams, specialized roles can be filled by individuals with deep expertise in a specific area, whereas smaller teams rely on each member's ability to perform multiple functions. Engaging with agencies can bridge the knowledge gap,capacity limits and the need for ongoing technical assistance.
Extending culture to capacity building looks like encouragement from-the-top for dedicated time for lawyers. This commitment should be reflected in strategy (for lawyers and LegalOps team members) through access to learning resources, mentorship programs, and opportunities for practical application of new skills.
d) Iterative Process
Implementation science promotes the use of iterative and cyclical processes that include continuous testing, feedback, and refinement of strategies. This adaptive approach allows for adjustments to be made in response to what is learned during the implementation process itself.
In Legal Operations, employing iterative, cyclical processes might look like: starting from a software trial or minimal viable product (MVP) and evolving through cycles of continuous testing, feedback, and refinement until full release or roll-out. Managing stakeholder expectations through these stages can be challenging depending on whether you are putting out a fire of unprofitability or building a boat to sail to new markets.
Unlike Implementation Science, where there is a proven methodology backed by research that’s gone through a rigorous selection criteria, LegalOps is, to some extent, building-the-plane-on-the-runway. Sunk-cost fallacy has an opportunity cost in LegalOps that can do irreparable damage. The ability to pivot, even after substantial investment, is the sign of a healthy LegalOps team.
e) Integrated Evaluation
Closely linked to iterative processes, continuous evaluation in Implementation Science involves regular monitoring of outcomes and processes to assess their effectiveness. Continuous evaluation identifies areas for improvement and refinement to the ongoing implementation process.
A key component of this approach in LegalOps is the identification and implementation of Key Performance Indicators (KPIs). These KPIs should be thoughtfully selected to what matters: we must look deeper than direct revenue as firms should account for employee turnover, resistance to market cycles and maintaining a competitive advantage. That being said, quantitative metrics from tracking the turnaround time for legal documents to assessing the accuracy and impact of legal advice are good places to start.
How do we monitor these KPIs?
- LegalOps teams need to establish robust mechanisms for collecting both qualitative and quantitative data. This might involve integrating legal technology tools that can automate data capture and streamline data analysis processes. Choose your vendors wisely as limited access to the data within a platform can restrict meaningful evaluation.
- Engaging with data scientists or specialists in legal analytics is another critical step. Being able to sift through the data to elicit valuable insights is the best way to understand the factors influencing performance and uncover potential areas for improvement.
f) Sustainability
There is a focus in Implementation Science for the long-term sustainability of the intervention. This involves appraisal of factors like funding, resource allocation, and integration into existing systems to ensure that the practices can be maintained over time after the initial implementation phase.
In Legal Operations, this means that from the very beginning, there should be a focus on ensuring that any new systems, processes, or technologies are not only implemented successfully but are also viable and effective in the long term.
This is really hard.
The ability to experiment, pivot and ditch remains paramount.
The key to sustainability in LegalOps is, then, considering factors such as funding (get your budgets confirmed for tech spend), resource allocation (hire accordingly and allow time for lawyers to engage), and integration into existing systems (know your API capabilities).
g) Dissemination of Knowledge
The goal of dissemination is to spread knowledge and the associated evidence-based interventions to those who can usefully apply them in practice. Through publishing research in academic journals, presenting findings at conferences and contributing to policy briefs, researchers makes waves as ideas are spread and adopted.
Something wonderful is happening in Legal Operations. There is a collaborative approach which fosters a global community where we move forward together, benefiting the entire legal sector rather than just individual firms. It counters the zero-sum game law firms have traditionally played which may make it uncomfortable for those who relied on gatekeeping or opaqueness for their competitive advantage.
On LinkedIn you might learn how one firm successfully integrated a new document automation tool. Or at a conference you might have a workshop on the technical aspects of an AI comparison tool. This openness does raise the question: what is our USP as a law firm? I have ideas around that (it involves empathy) for another article. However, being part of the-change-we-seek as a body means that we are driving with both hands on the wheel rather than being spoon-fed by oligopolies towards techno-feudalism.
Conclusions
I hope by delving deeper into the specific language and pillars of Implementation Science, you have (like me) gained insights that augment change management approaches and give you a map you can translate towards impact.
Where do you go from here?
There are four key take-aways you can apply today to your initiatives.
1. Adopt an Evidence-Based Approach: LegalOps, regrettably, does not yet have an army of researchers (although universities and institutions are closing that gap) therefore we must create and share our own evidence. Be methodical, write your hypothesis, analyze the data and make decisions not on a whim but with data or performance metrics.
2. Emphasize Contextual Adaptation: Tailor strategies and technologies to the unique cultural, organizational, and technological environment shaping each legal department’s innerworkings.
3. Enhance Stakeholder Engagement: Actively involve all relevant stakeholders—from senior management to frontline staff—in the planning, execution, and evaluation of new initiatives. Make sure your working groups are not only partner-led or driven by only a few senior associates. Use strategies from Implementation Science such as workshops, feedback sessions, and inclusive decision-making processes to build consensus and encourage buy-in throughout the organization.
4. Track your numbers: Implement continuous evaluation mechanisms to track the effectiveness of new initiatives. Establish clear metrics with KPIs and qualitative feedback that align with the desired outcomes of each project. Build your reporting dashboards and give your stakeholders a voice.
Finally, raise your own voice by participating in and engaging with the communities shaping Legal Operations:
● Legal Ops Career Path: a UK based initiative to create a defined career path for legal operations professionals in order to create a market standard role structure and pay bands.
● CLOC: The Corporate Legal Operations Consortium (CLOC) is a global community of experts focused on redefining the business of law.
● IILOP: International Institute of Legal Operations Professionals (IILOP) is a new platform which provides training, certification, and continuing professional development for legal operations professionals.
● Legal Ops Uncensored: a global community with a forum and in-person events whose mission is to create a safe space where our members can build community throughout all phases of their career in legal operations and legal technology.
Jay Smith is a qualified lawyer, legal engineer, developer and founder. He has worked with both fast-growth and global law firms around legal technology and legal operations, holding Head of Legal Operations and Senior Legal Operations manager roles. A technologist at heart, Jay uses his knowledge of software engineering, product management alongside his legal expertise to build, design and implement systems to improve legal service delivery.