Tag Archives: Legaltech

The New Legal Economy

In an article, published in Law 21, on 20 September 2019, Jordan Furlong shared his insights on the emergence of “the new legal economy.” In it, he describes how the legal profession first evolved from being the profession of lawyers into a legal market. And now we are seeing the next major transformation, where a new legal economy is starting to take shape. Several evolutions indicate that this indeed seems to be the case. Let’s have a closer look at what’s happening, and what the implications are.

Less than a century ago, the legal profession consisted only of lawyers, and they were the only ones offering legal services to legal consumers. Then, in the last decades we saw how a new legal market came into being. Two evolutions played an important part in that. The first one was that law firms started being managed like companies, which meant that more and more non-lawyers started playing a part in law firms, and that lawyers started changing the way they worked. A second evolution was the rise of Alternative Legal Service Providers, where the market was disrupted by non-lawyers offering legal services.

Evolution 1 – the de-lawyering of law firms: As law firms became commercial legal service providers, they started focusing on service delivery, on productivity and profitability. Running a law firm these days requires skillsets like project management, data analytics, design, business basics, digital basics, risk prediction and management, talent management, strategic planning, financial management, vendor management, technology support, knowledge management, growth and development management, communications, litigation support, workflow automation, and others. Law firms now often have law librarians, legal knowledge engineers, legal data analysts among their staff. Some bar associations are even considering allowing law firms to have equity partners. In this new market, law firms must serve more clients and serve them more efficiently, holistically, empathetically, and cost-effectively. This evolution has led to changes in who works at law firms, and in how lawyers work.

Evolution 2 – Alternative Legal Service Providers (ALSPs): In recent years, we have also seen a sharp increase in non-lawyers providing legal services. The services they offer at this stage typically focus on litigation support, legal research, document review and e-discovery. In less than three years, the number of law firms in the US that use the services of these ALSPs has tripled. By now, more than 1 in 4 law firms already uses their services. And a recently published survey by Thomson Reuters revealed that about 52 percent of corporate Canada either already uses alternative legal service providers for litigation support or will do so within the next five years.

Apart from these two main evolutions, there are other changes affecting the legal market as well. These include “the rise of legal process improvement and outsourcing, the technology-driven commoditization of legal work, the growing sophistication of large law firms and law departments, and the slow but steady liberalization of legal regulation.”

Furlong notes that throughout all these market changes, one thing has remained largely constant, and that is what lawyers do. The market evolutions described above are changing the how lawyers work, and to some degree who is active on the legal market as well. But thus far, it has had relatively little impact on the what lawyers do. And now that too is about to change.

Traditionally, lawyers did mainly two things: offer legal advice (including the drafting of contracts, etc.), and litigation. With the progress being made in Legal AI, we are seeing ALSPs who are offering legal advice, and are offering services like automated and smart contracts. (Though a German court has just ruled that automated contracts still have to be supervised by lawyers).  And more and more, legal consumers are going out of their way to find ways to avoid litigation. Both of these changes directly affect what lawyers do.

Furlong: “The old legal economy consisted of paying lawyers by the hour to do every legal task that needed to be done. In the new legal economy, systems, software, and structures are going to integrate, automate, delegate, and eliminate countless legal tasks by which lawyers once made a living.”

Because of this, it becomes essential to redefine what lawyers as well as law firms are and what they do. In this context, Furlong says three important questions must be answered:

  1. What now constitutes “legal work”?
  2. How will legal work be done?
  3. What will lawyers do?

Something to think about.

But rest assured that we here at INFORMA keep on closely following all these evolutions to be better able to serve you.

 

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An Introduction to LinkedIn for Lawyers

In previous articles, we mentioned how social media have become an essential part of online marketing strategies. A report, published in January 2019 by the Attorney at Work website, reveals that in 2018, 85 percent of responding lawyers use social media as part of their marketing strategy. More than two-thirds, 71 percent, of lawyers say social media contributed to bringing in new clients.

Generally speaking, LinkedIn is the network of choice for lawyers, with 77 percent saying it is their favoured marketing platform. This has to be nuanced, in that larger law firms whose clients mainly consist of companies tend to focus more on LinkedIn, while lawyers who deal with individual clients tend to slightly favour Facebook. In this article, we will give you a first introduction to LinkedIn.

LinkedIn is a professional social network, which is mainly used for professional networking. It is a business and employment-oriented service that operates via websites and mobile apps. It was founded on 28 December 2002, and launched on 5 May 2003. Since December 2016 it has been a wholly owned subsidiary of Microsoft. As of October 2018, LinkedIn had 590 million registered members in 200 countries, of which more than 250 million are active. Signing up to LinkedIn is free, but some premium features are only available with a subscription one has to be pay for.

The main reason people use LinkedIn is to help grow their business or career. It is a tool for networking (which includes a system of introductions), for recruitment (where people can list their skills and experience), for marketing (e.g. to display endorsements and recommendations), advertising, and for research. It also is a publishing platform, and it offers discussion forums, called groups. These can be important to lawyers, as LinkedIn promotes certain authors as influencers (or thought leaders).

LinkedIn offers a package that includes:

  • Profiles
  • Networking Tools / Connections
  • Company Pages
  • Groups
  • Messaging
  • Notifications
  • As well as some other services, some of which can be useful for lawyers.

Let’s go over these in some more detail, knowing that we can only scratch the surface, and that each of them could easily warrant one or more articles by themselves.

Profiles: when one signs up to LinkedIn, the first thing to do is to create your profile. This is a profile for you as an individual. Think of it as a standardized bio or résumé. In it, you can give a summary of who you are, and provide more information about your background: your education, experience, skills, endorsements, accomplishments and interests. For each of these categories of information, LinkedIn offers a separate section in your profile. You can also make posts from your profile, and publish articles. Your profile contains an activity section that lists those. If you want to start a blog on LinkedIn, you can do so from your profile. Profile sections can be added in more than one language.

Networking Tools / Connections: LinkedIn not only allows members to create profiles but also connections to each other in an online social network. These connections may represent real-world professional relationships, but don’t necessarily do so. Members can invite anyone (whether an existing member or not) to become a connection. Members can also ask other members to introduce them to their connections. When looking for someone on LinkedIn, it will show you how many connections you may have in common, and if there are none, how many degrees you are separated from them.

LinkedIn also offers Company Pages, where you can provide information about your law firm. Here the rule is that each company only has one main page, for which a custom URL can be created. It consists of several sections, and each section can be entered in more than one language. Linked to the company pages are showcase pages. If your law firm, e.g., has offices in several locations, each one could get its own showcase page. Showcase pages can also be dedicated to services or products you offer. For showcase pages, too, it is possible to have them in more than one language.

Company pages can post updates, but can’t publish articles. It is therefore not possible to set up a company blog on LinkedIn. It is possible for individuals (profiles) to publish articles, and to provide links to those articles as company updates. Also good to know is that company pages can be linked to a LinkedIn Group.

Groups in essence are discussion forums. Anybody can create a group, and invite people to become members. These groups can either be public (anybody can join) or private (upon invitation or approval). As mentioned above, companies can create a group that will be linked to their company page. Often, these are used, e.g., by the customer care and / or the support department. Interesting for lawyers is that groups can be dedicated to specific topics, and that there are plenty of groups that deal with legal matters (as well as legal technology). Taking part in discussions in such groups can help build your online reputation.

Like other social media, LinkedIn also offers messaging and notification services. For lawyers, LinkedIn also is an important advertising platform (cf. the statistics quoted in the introduction to this article).

Apart from the services mentioned above, LinkedIn also offers a series of other services. These focus on learning and on insights; they allow you to post job offers, etc. In this context (of recruitment) it is worth mentioning a new service that at present is only available in the US and within specific service categories, and is called ProFinder. “LinkedIn ProFinder is LinkedIn’s professional services marketplace that helps you find the best freelance or independent professionals in your area.” It already does include certain legal services, and is expected to include more services, and to become available internationally.

Also worth mentioning is Slideshare. It is a hosting service for professional content including presentations, infographics, documents, and videos. Users can upload files privately or publicly in PowerPoint, Word, PDF, or OpenDocument format. Content can then be viewed on the site itself, on hand held devices or embedded on other sites.

 

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The Internet of Things and the Law

Our world is becoming more and more interconnected. Through our smart phones, tablets, computers, smart watches, etc., we are living online lives, where we are virtually always connected to the Internet in some way. More and more devices we are using, too, are constantly collecting and sending data. This is often referred to as the Internet of Things (IoT). In this article, we’ll explain what it is, and have a look at some examples. Then we will have a look at some legal aspects with regard to the Internet of Things.

The Wikipedia defines the Internet of things as “the network of physical devices, vehicles, home appliances, and other items embedded with electronics, software, sensors, actuators, and connectivity which enables these things to connect, collect and exchange data, creating opportunities for more direct integration of the physical world into computer-based systems, resulting in efficiency improvements, economic benefits, and reduced human exertions.” All of these devices are provided with unique identifiers (UIDs) and typically have the ability to transfer data over a network without requiring human-to-human or human-to-computer interaction. This also implies that they can be remotely monitored and, in many cases, controlled.

The number of IoT devices is increasing rapidly. In 2017, 8.4 billion devices were connected to the Internet, which was an increase of 31% compared to 2016. The estimations of how fast this expansion will occur vary widely: on the conservative side we find, e.g., the analyst firm Gartner who expects that by 2020 there will be over 26 billion connected devices. ZD-Net on the other hand mentions a number of 50 billion devices by 2020. Others, however, estimate this number to be much higher, even over 100 billion.  Even in conservative estimations, the global market value of IoT is projected to reach $7.1 trillion by 2020.

So, what devices are connected? Basically any physical object can be transformed into an IoT device if it can be connected to the internet and controlled that way. Existing examples include coffee makers, washing machines, headphones, lamps, wearable devices, and even children’s toys. It also includes many vehicles, and even components of machines, the drill of an oil rig, or jet engines of an airplane which are filled with thousands of sensors collecting and transmitting data back to make sure it is operating efficiently. There are medical IoT devices like insulin injection pumps, pacemakers, etc. We already find IoT devices in our homes, in healthcare, transportation, information technology and energy infrastructure.

It should not come as a surprise that this proliferation of connected devices raises several legal issues.

A first set of issues has to do with privacy and data protection. In the EU, e.g., the GDPR applies and suppliers of IoT devices must make sure they are GDPR compliant, which isn’t always obvious. The GDPR does not only apply to the collecting and storing of data, but also to what is done with the data. Users have to consent, e.g., to those data being used for data mining.

As second set of issues has to do with security and cybercrimes. Each new device becomes a new potential target for hackers and criminals. The US Federal Trade Commission (FTC) published a report in which it expressed security concerns that connected devices could, e.g., be used for enabling unauthorized access, for misuse of personal identification, and for expediting attacks on others systems. The simple truth is that the Internet of Things opens the door to a whole new range of cybercrimes, where criminals use IoT devices for extortion, for sabotage (e.g. interfering with energy), for assault, etc. In a recent hacking contest, e.g., hackers demonstrated – with permission – how they were able to take control of a driverless car within minutes.

A third set of issues has to do with eDiscovery, including eDiscovery in criminal investigations. IoT devices collect data which could be relevant as evidence in legal cases. There already are cases where the whereabouts of a person were confirmed or contradicted by the GPS systems in their car, phone or smart watch. There are cases where personal Assistants like Siri, Alexa, or Cortana, e.g., who constantly record what is being said, provided relevant evidence. A case that made headlines some months ago involved a possible homicide investigation, where an Amazon Echo (Alexa) device exonerated a suspect by confirming his alibi. (Noteworthy, too, in that case was that Amazon initially refused to hand over any data when it was requested by law enforcement, but agreed to do so when its customer asked them to hand over the data as it could – and eventually would – confirm his alibi).

In short, the Internet of Things opens the doors to plenty of new opportunities which in turn raise plenty of legal issues. For lawyers, that probably is a good thing.

 

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Alternative Fee Arrangements – What and Why

The market of legal services is experiencing unprecedented and profound changes. In recent years, we’ve seen the rise of alternative legal service providers (ALSPs), and a rapid increase in the use of Artificial Intelligence. We now even have legal chatbots and robot lawyers, and some of them are offering free legal services. The legal consumers are embracing these changes: in a recent survey in the UK, seven out of ten respondents would prefer to use a robot lawyer to a human one! This should not come as a surprise, and the culprit can easily be found: Billable hours are one of the main reasons legal consumers are reluctant to consult a lawyer.

In the past, we have written about the death of the billable hour. With the current evolutions in the legal market, that demise is more imminent than before. And there are plenty of good reasons to kill it off, and to start focusing on Alternative Fee Arrangements (AFAs).

So, what are Alternative Fee Arrangements? There is not standard definition, but basically any arrangement where the client is not charged by the hour is an Alternative Fee Arrangement. (There is debate about whether volume discounts are an Alternative Fee Arrangement or not, but that discussion is largely academic).

There are different types of Alternative Fee Arrangements. In the article on the death of the billable hour, we payed attention to:

  • capped fees,
  • fixed and flat fees,
  • contingency agreements (where payment depends on the result),
  • holdback (payment in phases and dependent on whether certain conditions are met),
  • blended fees (lowering the cost of billable hours by delegating),
  • cost-plus model (cost plus reasonable profit), and
  • subscription billing (where the client pays a recurring fee to take care of its legal business).

Why opt for Alternative Fee Arrangements? All the arguments in favour of AFAs are the arguments against the billable hour.

From the point of view of the legal consumer, billable hours undoubtedly offer a lousy consumer experience. First, there is a fundamental double uncertainty: the client does not know in advance how much it will cost to address his or her legal issue, and if litigation is involved does not know what the end result will be. So the legal consumer is expected to commit to paying an undefined amount of money for an unknown result.

There also is the factor that being charged by the hour is always perceived as expensive. And the fact that the client is being charged for everything, including communications does not really make sense. Imagine you have a computer or car problem, have it fixed, and when you receive the bill, you are also charged for phone calls and consultations, on top of the actual repairs.

For lawyers, too, billable hours have negative side-effects that affect the overall productivity of a law practice. As you constantly have to keep track of everything you do, it necessitates a lot of extra administration. A survey published a year ago revealed that only 29 % of the time a lawyer spends working is billable, and that the rest was mainly administration, as well as some time spent on acquiring new cases. Add to that, as mentioned above, that the fact that clients are being charged for communications can easily become an obstacle for clear and essential communications.

Recent progress in the fields of Artificial Intelligence and process automation further illustrates that charging by the hour becomes less and less meaningful. How much time are you going to charge, e.g., for a contract that is compiled or reviewed by an AI system in seconds? Or what about eDiscovery, where computers can scan thousands of documents in minutes for relevant information, where it would take days to do the same manually?

In short, as the legal market is changing, the demand for Alternative Fee Arrangements is only expected to grow. In future articles, we will have a closer look at some of these Alternative Fee Arrangements.

 

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Online Translation Services

As a lawyer, and especially as a lawyer within the EU, you often need to work with documents in more than one language. Fortunately, there are online translation services available that can give you an almost instant translation, and several of those are free. But are they any good when it comes to legal texts? In this article, we’ll have a closer look at the most popular free and instant online translation services.

How does it work? Most of the available services use a form, where you can enter some text that has to be translated. Some offer the option to upload a document, or to use a web address of a web page that you would like to be translated. For all of them, you have to choose the language the text has to be translated to. Some of the services can automatically detect the language of the original text, and all of them allow you to choose the language of the original text.

So, who offers what?

Google Translate: translate.google.com/
Google Translate is completely free. It can translate texts between 103 different languages, which is far more than any of the other services. It also offers alternative translations. It allows you to translate entire documents, as well as web pages.

Bing: www.bing.com/translator/
The Bing Translator is free, but limited to texts of maximum 5000 characters at a time. (If your texts are larger, you’ll have to split them up). At present, it can translate between 65 different languages, including Klingon. (Though I doubt that, as a lawyer, you’ll ever need that one). The Bing Translator does not allow to submit entire documents, but it is possible to use a URL.
Also worth noting is that you probably have direct access to the Bing Translator from within Microsoft Word. If you are using Office 365, then the option to select a text, right-click on it, and have it translated is directly available in Word.

DeepL: www.deepl.com/translator
DeepL stands for Deep Learning. It is a German translation service, made by the people who created Linguee. DeepL offers a free service as well as a subscription service, where you pay a monthly fee, and are allowed up to 1 million characters per month. There is a limit to the free service, but, at present, it is not clear what that limit is. DeepL can translate only between seven languages. It does offer the option to upload and translate documents.

Paralink: translation2.paralink.com/
The Paralink translator is free, and in theory there is no limit to the amount of text you can translate. Paralink offers translations between 55 different languages, but does not do all of them itself: it works with translation pairs it developed itself. If your needs do not match one of the available pairs, your text is submitted automatically to Google Translate and/or Bing. Texts between, e.g., Dutch and English are not done by Paralink itself.

SDL: www.freetranslation.com/
The SDL translator usually is offered in a free version, as well as a paid version. At present, however, the free version is not available.

WorldLingo: www.worldlingo.com/products_services/worldlingo_translator.html
WordLingo offers translations between 15 languages, and is limited to texts of 500 words per submission.

Reverso: www.reverso.net/text_translation.aspx?lang=EN
Reverso can translate texts between 13 different languages.

The Online Translator: m.online-translator.com/
The Online Translator offers translations between 19 languages. It uses the Paralink translation engine.

So, are they any good, and how do they compare to each other? We ran some practical tests. These were not meant as a scientific experiment, but just as a field test where we took some legal texts, and had them translated from English to Dutch and vice versa. We also did some back and forth test, where you submit a text in one language to be translated in another, and then have that result translated back to the original language.

(There are some humorous but unconfirmed stories of the early days of machine translations. In a first example “the spirit is willing but the flesh is weak” came back as “the wine was alright, but the meat had gone off”. In another example “out of sight, out of mind” came back as “invisible insanity.”)

The first observation is that none of these services offer the same quality as a human translator does. The translations by the best services offer texts that are understandable / readable but that still contain multiple grammar and style errors, and therefore still need human revision.

In the tests we ran, DeepL ended as the best service. Their texts needed the least interventions, and score best on grammar and style. They are followed by Google Translate and Bing in a shared second position. All three did well in the one way translations, as well as in the back and forth. (Google Translate offers alternative translations, and typically, one of those will have a correct translation if the suggested translation is not accurate). The services that rely on the Paralink engine came in fourth position, but needed more corrections. The translations of legal texts by Wordlingo and Reverso were useless.

Some other considerations: with translations, context is important. Typically, translations of paragraphs are more accurate than translations of sentences. And often specific terminology (if it is recognized) is translated more correctly. Take, e.g., the terminology used in Dutch for the GDPR: it is quite specific, and therefore more easily identified. As a result, corrections were minimal and the translations from Dutch to English in DeepL were very good. Also, if texts are officially available in several languages, as is the case for many EU texts, then the translations tend to be more reliable.

In conclusion: the top four free online translation services can create texts that are understandable but that still need human corrections. But we do have reached a stage where using these services can already save a considerable amount of time. It is faster to use the big 3 and revise the translations than to start from scratch. In our experience, revising texts that were translated with Bing or Google, is 30 % faster than doing it manually. With DeepL, translations took on average only half of the time one would need to do everything manually.

 

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Client Portals for Law Firms

For a while now, the American Bar Association has been recommending that lawyers use client portals to exchange information with their clients. One of the main arguments is that client portals provide a more secure way to communicate than email is. So, what are client portals, and what benefits do they offer?

In a previous article, we described client portals as a place on the Internet where your clients can view, and possibly edit, their own data, usually with a browser. It allows you to interact with your clients, to share files, to have discussions, chat, plan, organize and manage tasks and events in a private, online, and secure environment. The data are often stored in the cloud (or are accessible via cloud technologies) and are encrypted. The communications between the portal and the client is encrypted as well.

Client portals have several key features. Sharing of information is one of the most important ones. Once a client has access to the client portal, he or she can consult the status of his or her cases. The client can view documents, get overviews of billing and accounting data, of what tasks have already been completed and what tasks are in the agenda, waiting to be executed. As such, clients portals offer greater transparency, as well as an effective way to collaborate.

A second key feature of client portal, and mentioned above, are the secure communications. Because the data on the portal, as well as the exchange of data between the client and the portal are encrypted, the communications are more secure than email exchanges. Google publishes a real time transparency report that keeps track of the amount of email that is not encrypted and can therefore be intercepted and read. It shows that at present, on average one in four emails are not encrypted. For a lawyer, this is important, because sending email over non-secure channels could lead to liability for violation of confidentiality if the mail is intercepted.

A third key feature of clients portals is the tight integration with practice management software. Client portals typically are available as add-ons to existing practice management packages. The practice management software typically will provide an administration backend, which, among other things, incorporates permission management. In it, you can specify who has access to what information, and what they can do with that information, i.e., e.g., whether they can only read information, or whether they can comment, or modify information, etc.

There are different types of client portals. Most common is the regular client portal that is used for messaging and document sharing. Some law firms use client portals that have more advanced document management functionalities, where clients can, e.g., generate legal documents by filling out forms. These forms supply the data that are then merged into templates. There are law firms, too,  who are using project management client portals. An increasing amount of client portals also allows clients to make online payments.

So, when do you need a client portal? You can use one if you want to

  1. share confidential information,
  2. enhance your communications with your clients
  3. accept online payments (though not all portals provide this functionality yet)
  4. improve collaboration, between lawyers, clients and possible other third parties
  5. audit access to the information (i.e., you can keep track of who access what and when)
  6. leverage “anytime anywhere access” to your law firm’s information

So, it’s clear that client portals offer multiple benefits. Apart from the ones already mentioned the increased transparency that client portals offer, also leads to greater client satisfaction and reduces the need for ‘keeping up to date’ communications. The collaboration aspects of client portals increase productivity. Having a client portal can offer also a competitive advantage in that it will appeal to more Internet-savvy clients.

So, what are you waiting for?

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Robot Law

A few months ago, in January 2018, the European Parliament’s Legal Affairs Committee approved a report that outlines a possible legal framework to regulate the interactions between a) humans, and b) robots and Artificial Intelligence systems. The report is quite revolutionary. It proposes, e.g., giving certain types of robots and AI systems personhood, as “electronic persons”: These electronic persons would have rights and obligations, and the report suggests that they should obey Isaac Asimov’s Laws of Robotics. The report also advises that the manufacturers of robots and AI systems should build in a ‘kill switch’ to be able to deactivate them. Another recommendation is that a European Agency for Robotics and AI be established that would be capable of responding to new opportunities and challenges arising from technological advancements in robotics.

The EU is not alone in its desire to regulate AI: similar (though less far reaching) reports were published in Japan and in the UK. These different initiatives are in effect the first attempts at creating Robot Law.

So, what is Robot Law? On the blog of the Michalsons Law Firm, Emma Smith describes Robot Law as covering “a whole variety of issues regarding robots including robotics, AI, driverless cars and drones. It also impacts on many human rights including dignity and privacy.” It deals with the rights and obligations of AI systems, manufacturers, consumers, and the public at large in its relationship to AI and how it is being developed and used. As such, it is different from, and far broader than Asimov’s Laws of Robotics which only apply to laws robots have to obey.

Why would we need Robot Law? For a number of reasons. AI has become an important contributing factor to the transformation of society, and that transformation is happening extremely fast. The AI Revolution is often compared to the Industrial Revolution, but that comparison is partly flawed, because of the speed, scale and pervasiveness of the AI Revolution. Some reports claim that the AI Revolution is happening up to 300 times faster than the Industrial Revolution. This partly has to do with the fact AI is already being used everywhere, and that pervasiveness is only expected to increase rapidly. Think, e.g., of the Internet of Things, where everything is connected to the Internet, and massive amounts of data are being mined.

The usage of AI already raises legal issues of control, privacy, and liability. Further down the line we will be confronted with issues of personhood and Laws of Robotics. But AI also has wide-reaching societal effects. Think, e.g., of the job market and the skill sets that are in demand. These will change dramatically. In the US alone, driverless cars and trucks, e.g., will see a minimum of 3 million drivers lose their jobs. So, yes, there is a need for Robot Law.

Separate from the question of whether we need Robot Law, is the question whether we already need legislation now, and/or how much should be regulated at this stage. When trying to answer that question, we are met with almost diametrically opposing views.

The Nay-sayers claim that it is still too soon to start thinking about Robot Law. The argument is that AI and Robotics are still in their infancy, and at this stage there is a need first to explore and develop it further. Not only are there still too many unanswered questions, but their view is that regulation at this stage could stifle the progress of AI. All we would have to do, is adapt existing laws. In that context, Roger Bickerstaff, e.g., speaks of:

  • Facilitative changes – these are changes to law that are needed to enable the use of AI.
  • Controlling changes – these are changes to law and new laws that may be needed to manage the introduction and scope of operation of robotics and artificial intelligence.
  • Speculative changes – these are the changes to the legal environment that may be needed as robotics and AI start to approach the same level of capacity and capability as human intelligence – what is often referred to as the singularity point.

Others, like the authors of the aforementioned reports, disagree. They argue that there already are issues of privacy, control, and liability. There also is the problem of transparency: how do Neural Networks come to their conclusions, e.g., when they recommend whether somebody is eligible for parole, or a loan, or when they assess risks, e.g., for insurances. How does one effectively appeal against such decisions if it’s not known how the AI system reaches its conclusions? Furthermore, the speed, scale and pervasiveness of the AI Revolution and its societal effects, demand a proactive approach. If we don’t act now, we will soon be faced with problems that we know will arise.

Finally, in his paper, Ryan Calo points out, maybe surprisingly, that there already is over half a century of case law with regard to robots. These cases deal with both robots as objects and robots as subjects. He rightfully points out that “robots tend to blur the lines between person and instrument”. A second, and more alarming insight of his study was “that judges may have a problematically narrow conception of what a robot is”. For that reason alone, it would already be worthwhile to start thinking about Robot Law.

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An Introduction to Legal Project Management, part 2

This is the second article in a series of articles on Legal Project Management. In the first article, we looked at the what and why: Legal Project management allows to increase productivity and profitability, and is especially beneficial in law firms who use alternative fee arrangements like fixed or flat fees, cost limits, budget restraints / capped fees and contingency fees. “Such cases require management of scope, schedule, risk, and cost in a more rigorous and measured manner than firms have practiced in the past” (Wikipedia). Because Legal Project Management is not typically part of the legal curriculum (yet), we will pay attention to some of its key principles and concepts in this article.

Legal Project Management requires a different approach to the mechanics and business of providing legal services. A useful analogy is to approach a legal project the way an architect or engineer would. Together with the client or clients, you determine what the goals and deliverables are, and how success will be measured. You work with a schedule that often has milestones. Communication with the client is ongoing, as are the evaluations of the progress that has been made. LPM typically also works with a predetermined budget that parties agree on.

In the previous article, we referred to the LPM methodology used by the American Law Firm Baker Donnely. They distinguish three different phases, and each of them has its own concepts and tools.

  • In phase 1, the tools are scope, stakeholder input, statement of work (SOW), budget, communication plan;
  • In phase 2, the tools are control scope, control budget, monitor schedule, regular team meetings, monitor tasks;
  • In phase 3,the tools are client evaluation, lessons learned, update resources, team closure meeting.

Let us have a closer look at these tools and concepts. Please note that the list below is far from exhaustive and is meant as a simplified introduction only.

One of the first things that parties have to agree upon is a project definition statement. “This is the ‘what’ and ‘why’ of your project: a short statement summarizing the purpose, goals, and final deliverable(s).” (Elizabeth Harrin, quoted by Wrike).

A more extensive version of the project definition statement is often referred to as a Statement of Work (SoW). The Wikipedia defines a statement of work as “a document routinely employed in the field of project management. It defines project-specific activities, deliverables and timelines for a vendor providing services to the client. The SOW typically also includes detailed requirements and pricing, with standard regulatory and governance terms and conditions.”

Related to this, and sometimes part of it, is the Scope of the project that parties have to agree upon. The scope of a project explicitly determines what is and what is not included in the project. It typically consists of a breakdown of all the tasks to be done in order to deliver the objectives of the project, as well as a list of measurable success criteria.

Once we have an inventory of the tasks to be done, the Schedule determines when each task has to be accomlished, and who is responsible for it. Often the work is broken down in phases, and the successful completion of such a phase is a called a Milestone.

Once we know what all has to be done, we can calculate the costs involved. Planning, managing, and monitoring the Budget also is a key element of project management.

Throughout the whole process Stakeholder input is essential. If many stakeholders are involved, it can be useful to create an organizational chart that explains who is who and what their role is. In each phase of the project communication with the client, as well as ongoing evaluations of the progress made are essential. Often this is organized in a Communication plan.

Project Management typically also involves Risk Management. Parties anticipate where things could go wrong, what the possible outcomes and the possible alternatives are.

At the end of the project, parties sit down for a Client evaluation, i.e. an evaluation by the client of how the project was completed. Parties focus on what went right or wrong, and on where there is room for improvement.

Based on the client evaluation, the law firm then compiles a report of the Lessons learned and updates its resources accordingly.

As mentioned before, this is not a way of working law firms typically are used to. Using the LPM methodologies can contribute to increase efficiency, profitability and client satisfaction, but is only part of the solution. A survey in the context of the Legal Project Management Competency Framework (LPMCF) revealed that “legal project management encompassed not only project principles and practices, it extended to technology enablement, process improvement and people leadership (team dynamics). The integration of all four of these elements represents the core foundation of legal project management in practice.”

 

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An Introduction to Legal Project Management, part 1

As a result of a push towards innovation and increased efficiency and profitability, more and more law firms are turning to Legal Project Management (LPM). So, what is it? Why is it important and what are the benefits? How does one start implementing LPM? These and other questions will be addressed in this series of articles on Legal Project Management.

Let us start by looking at two definitions of Legal Project Management, which are complementary, and have a slightly different focus. The Wikipedia defines Legal Project Management as “the application of the concepts of project management to the control and management of legal cases or matters.” The International Institute of Legal Project Management, on the other hand, does not limit LPM to the work lawyers do and offers a more general definition as “the application of project management principles and practices to enhance the delivery of legal services.” This latter definition rightfully also applies to alternative legal service providers, who typically have a proven track record of using LPM.

Both definitions are a bit circular in that they only explain Legal Project Management as Project Management for legal projects, and leave the “Project Management” part of it open. So what is Project Management? This is what the Wikipedia has to say:

“Project management is the practice of initiating, planning, executing, controlling, and closing the work of a team to achieve specific goals and meet specific success criteria at the specified time. A project is a temporary endeavour designed to produce a unique product, service or result with a defined beginning and end (usually time-constrained, and often constrained by funding or staffing) undertaken to meet unique goals and objectives (…). The primary challenge of project management is to achieve all of the project goals within the given constraints.”

The basic idea behind project management is simple: if you have a complex task to perform, which typically involves coordinating work to be done by several people, then you break everything down as much as possible. You create an inventory of all tasks that have to be accomplished, and then determine who has to do what, and by when. (So, if your law firm management software has contact management, task management and an agenda, you can already cover the basics).

That, in essence, is the core of project management, but, by now, there is more to it than that. There are specific concepts, principles and ‘best practices’ to streamline the process. Attention is paid to the management of scope, schedule, risk, and cost in a more rigorous and measured manner than law firms have practiced in the past. (We’ll explain those more in detail in a follow-up article). The ongoing communication with the customer or client as well as other stakeholders, too, is an essential part of it; as is the ongoing evaluation of how the project is doing.

Legal Project Management has reached a point of maturity that there are now internationally accepted standards, as well as a Legal Project Management Competency Framework (LPMCF).

Let us have a look at an example of how LPM is implemented. In the US, the American Bar Association has referred to the LPM approach of the Baker Donelson law firm as a model of how to implement LPM. “Baker Manage”, as their LPM system is called, works in three phases:

  1. Development Phase: here the objectives are to identify the client’s needs and to create a project plan. The tools to achieve these objectives include the scope, stakeholder input, the statement of work (SOW), budget, and a communication plan.
  2. Execution Phase: here the objective is to implement the client goals and to engage in ongoing communication with the client. The tools to achieve this objective include: control scope, control budget, monitor schedule, regular team meetings, monitor tasks.
  3. Closure Phase: here the objective is to offer the client the solution and evaluate the client’s satisfaction with the solution. The tools at hand are: client evaluation, lessons learned, update resources, team closure meeting.

So, what are the main reasons for law firms to start turning to Legal Project Management? For many law firms using LPM was a response to a demand by their clients. Clients prefer alternative fee arrangements where they know how much something is going to cost them. LPM allows you to break down the tasks and costs, and give a clearer view of what the client will end up paying. Predictable costs are a first benefit.

The main reasons to use LPM are increased efficiency and profits. Legal project planning offers noteworthy opportunities for profit maximization and for substantial revenue growth. Law firms, as well as Alternative Legal Service Providers often specialize in certain types of cases and/or services. The combination of repetition and LPM allows to improve efficiency and increase profits.

Because constant evaluations and feedback are part of the process, LPM also improves team cooperation and proficiency. And it also strengthens the relationship between your law firm and your clients.

All of these are good reasons to consider using LPM in your law firm, wouldn’t you agree?

In part 2 of this series, we’ll pay attention to some of the key principles and concepts of Legal Project Management

 

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Alternative Legal Service Providers

Recent years have seen a dramatic increase in the amount of Alternative Legal Service Providers (ALSPs) on the market. This is the result of a growing demand for legal services that are more efficient and affordable. Maybe surprisingly, not only businesses, but law firms and legal departments, too, are increasingly using the services of these ALSPs. Let’s have a closer look.

What are Alternative Legal Service Providers?

Alternative Legal Service Providers are service providers that offer legal services outside of the traditional model of legal professions and organizations. The Georgetown Law Center for the Study of the Legal Profession, the University of Oxford Saïd Business School, and Thomson Reuters, published a report last year on ALSPs. In it, they “considered ALSPs to encompass activities performed by non-traditional legal service providers (including independent affiliates of law firms), that are directly related to the provision of legal services. The definition excludes other nonlegal activities that might be outsourced such as accounting, IT support, HR management, etc. And it also excludes companies that provide legal-related software only rather than services.”

So, what legal services do they provide?

ASLPS tend to be niche companies that specialize in one or more specific tasks. These tasks typically require a certain amount of expertise and are in high demand. The services they provide include:

  • Discovery and eDiscovery (electronic discovery)
  • Document review (including contract review)
  • Contract management
  • Litigation support
  • Contract lawyers and staffing
  • Investigation support and legal research
  • IP (intellectual Property) management, etc.

What makes them ‘alternative’?

They are alternative in two ways. Firstly, the entity that delivers the legal service is usually not a law firm. Secondly, the services, too, are delivered via a model that departs from the traditional law firm delivery model.

From an article titled “What is an alternative legal service provider?” on the paralegaledu.org website:

“The thing that makes an ALSP alternative is that it is not, and does not pretend to be, a law firm. Instead, it is a legal services business that can provide one or more services that law firms would traditionally offer, but often at a lower cost or with other advantages, including increased expertise, flexibility, and speed. Because they do not have to fit into the structure and hierarchy of a typical law firm environment, ALSPs may be free to alter their business practices to increase efficiency using technology or other innovative practices.”

ALSPs tend to be more tech-savvy than traditional law firms, and some of the services they provide rely on cutting edge technology. Great progress was made, e.g., in areas like eDiscovery, contract and document review by using Artificial Intelligence / Machine Learning. The market share of ALSPS is expected to grow because they take advantage of increasingly sophisticated Artificial Intelligence technology.

Who is using the services of ALSPs?

As was mentioned in the introduction: ALSPs are not only used by businesses, but also by legal departments and law firms. The report mentioned above found that 51% of law firms and 60% of corporate legal departments are already using Alternative Legal Service Providers for at least one type of service. And those numbers are expected to grow.

More specifically, the findings show that law firms are more inclined to use litigation support services (e.g., e-discovery, document review, litigation and investigative support), while corporations are more likely to use services in specialized areas (e.g., regulatory risk and compliance services, specialized legal advice, legal research and IP management).

Why use ALSPs – What are the benefits?

There are several good reasons to consider working with an ASLP. Initially, people turned to ALSPs because they could offer legal services at a lower cost than law firms did. The report found that these days people also use ALSPs because they tend to be more efficient than law firms. They usually can deliver their services faster than law firms can. Lastly, and increasingly more important: because they specialize in specific tasks they can offer a level of expertise that others don’t have.

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