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Law Practice Management




presented by
Stephanie Kimbro, M.A., J.D.
Virtuallawpractice.org

Fall, 2012
November 6, 2012
Overview
 Other Industry Adaptations to Online Delivery
    Medical profession
    Accountants
    Higher Education
 New Law Firm Roles
 Future of Legal Services Delivery
    How Firms Can Innovate
    Unbundling
    Big Data
Other Industries Are Adapting

 Medical profession
 Accountants
 Higher Education
Evolution of Legal Services


Bespoke   Standardized   Systematized   Packaged   Commoditized
5 Types – Where Will you Fit In?
 Expert Trusted Advisor
    Bespoke
      o Danger of assuming the client always needs expert
        assistance
 Enhanced Practitioner
    Works closer to the right hand of the spectrum
      o Supporting delivery of standardized, systematized and
        packaged (when in-house)
      o Market only tolerates this worker when their
        experience as a lawyer is genuinely needed – otherwise
        they will be replaced with paralegals, legal execs, etc.
 Legal Knowledge Engineer
   Large numbers of these will be needed in our profession
   Highly skilled lawyers who can analyze, distill and place
    into standard working practices and computer systems
   Design and development roles
   Decomposition of legal work will be a primary role – they
    will have to know how to unbundle services
 Legal Risk Manager
   Lawyers that offer proactive legal services , anticipating
    and pre-empting legal problems
 Legal Hybrid
    Multi-disciplinary
    Schooled in other areas and can expand the range of their
     services to include these as well as legal guidance


 The Danger Zone
    Work that is routine
    Solos and small firms that are not highly specialized
    Solos who are general practitioners
A Law Firm Can Innovate By…
 Changing the way it delivers its services
    Online systems
    Unbundling
 In the advice it offers
    Suggesting ODR, other forms of dispute resolution for
     clients
 The way it runs its business
    How lawyers are recruited and into which roles
Becoming a Maverick
 Maverick management as a new discipline
    Individuals in the firm who pursue ideas that will be
     regarded in the beginning as peripheral, irrelevant and
     even wasteful to the firm
    Firms must nurture and encourage these people.
       o The R&D division of a firm
    You should be one whether you are a solo or in BigLaw.
 The Best Lawyers Will Be
    Transparent in communicating with their clients
    Clear in exposing their work method
    They understand that a large latent market of legal
     services can be met by delivering online commoditized
     services.
Conclusions
 Clients will drive these changes regardless.
 With the use of technology in law practice, empathy
  and sincerity will mean more to building a legal
  business and with client development.
 There are two ways the public sees lawyers:
    Benevolent custodians of the law and legal institutions
    Jealous guards of the law, protectionists
 To survive these changes, how you implement
  technology in law practice to serve clients and
  collaborate with other lawyers will matter.
 Watch for ABA & State Bar Changes to Rules Related
  to Tech in Law Practice!
Unbundling in the Future of Legal Services
 Unbundling permits the lawyer to adapt to the changes Susskind discusses
  by slowly making his or her processes more cost-effective and efficient
  through the use of technology.

 Over time as lawyers build up the quantity of unbundled work with the
  faster IT process, they will be able to maintain their standard of living
  while providing the now-expected lower fees to clients.

 Unbundling may allow the lawyer to transition from inefficient traditional
  models of legal services delivery to newer and more cost-effective
  versions without making a huge initial investment.

 Why will unbundling increase in popularity? It provides a delivery model
  that benefits both the public and the professional.
Big Data in the Future of Legal Services
 Collection of data from social media applications
 Identification of legal needs
 Suggestions for appropriate preventative action or solutions
 Who will use this data and how?
    Practice areas
    Privacy/Confidentiality
    Lawyer advertising rules? Will they keep lawyers out of the
     market but permit others in?
 Collection of data from national database?
    Legal services’ existing database, open sourced with API
 Smaller scale collection and use?
 Expert systems
A Final Note
 “The next generation of lawyers cannot rely on the
  exclusionary power of state-imposed boundaries to
  maintain the status, power, and distinction enjoyed
  by the profession in the past. If lawyers are to survive
  better than scribes or calligraphers did in the post-
  Gutenberg world, they need to do more than merely
  adapt new technologies to traditional practices and
  processes. The route to success lies in a new model
  of legal practice, in an understanding of the
  implications of shrinking distances between people
  and institutions.” – Ethan Katsh, Law in a Digital
  World (1995)
Keeping up with changes
   Jordan Furlong – law21.ca
   My blog – virtuallawpractice.org
   Richard Granat- elawyeringredux.com
   ReInventLaw Lab - reinventlaw.com
   Law Without Walls - lawwithoutwalls.org
   Elawyering Task Force – elawyering.com
   Alerts or # for:
      Richard Susskind (@richardsusskind)
      #Reinventlaw
      Virtual law
      Elawyering
      Digital lawyering
      Computational legal studies or computational law
      Legal technology

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Future of Legal Service Delivery - Final Class for Wake Forest Law School Practice Management Course

  • 1. Law Practice Management presented by Stephanie Kimbro, M.A., J.D. Virtuallawpractice.org Fall, 2012 November 6, 2012
  • 2. Overview  Other Industry Adaptations to Online Delivery  Medical profession  Accountants  Higher Education  New Law Firm Roles  Future of Legal Services Delivery  How Firms Can Innovate  Unbundling  Big Data
  • 3. Other Industries Are Adapting  Medical profession  Accountants  Higher Education
  • 4.
  • 5.
  • 6.
  • 7.
  • 8.
  • 9.
  • 10.
  • 11.
  • 12.
  • 13. Evolution of Legal Services Bespoke Standardized Systematized Packaged Commoditized
  • 14. 5 Types – Where Will you Fit In?  Expert Trusted Advisor  Bespoke o Danger of assuming the client always needs expert assistance  Enhanced Practitioner  Works closer to the right hand of the spectrum o Supporting delivery of standardized, systematized and packaged (when in-house) o Market only tolerates this worker when their experience as a lawyer is genuinely needed – otherwise they will be replaced with paralegals, legal execs, etc.
  • 15.  Legal Knowledge Engineer  Large numbers of these will be needed in our profession  Highly skilled lawyers who can analyze, distill and place into standard working practices and computer systems  Design and development roles  Decomposition of legal work will be a primary role – they will have to know how to unbundle services  Legal Risk Manager  Lawyers that offer proactive legal services , anticipating and pre-empting legal problems
  • 16.  Legal Hybrid  Multi-disciplinary  Schooled in other areas and can expand the range of their services to include these as well as legal guidance  The Danger Zone  Work that is routine  Solos and small firms that are not highly specialized  Solos who are general practitioners
  • 17. A Law Firm Can Innovate By…  Changing the way it delivers its services  Online systems  Unbundling  In the advice it offers  Suggesting ODR, other forms of dispute resolution for clients  The way it runs its business  How lawyers are recruited and into which roles
  • 18. Becoming a Maverick  Maverick management as a new discipline  Individuals in the firm who pursue ideas that will be regarded in the beginning as peripheral, irrelevant and even wasteful to the firm  Firms must nurture and encourage these people. o The R&D division of a firm  You should be one whether you are a solo or in BigLaw.  The Best Lawyers Will Be  Transparent in communicating with their clients  Clear in exposing their work method  They understand that a large latent market of legal services can be met by delivering online commoditized services.
  • 19. Conclusions  Clients will drive these changes regardless.  With the use of technology in law practice, empathy and sincerity will mean more to building a legal business and with client development.  There are two ways the public sees lawyers:  Benevolent custodians of the law and legal institutions  Jealous guards of the law, protectionists  To survive these changes, how you implement technology in law practice to serve clients and collaborate with other lawyers will matter.  Watch for ABA & State Bar Changes to Rules Related to Tech in Law Practice!
  • 20. Unbundling in the Future of Legal Services  Unbundling permits the lawyer to adapt to the changes Susskind discusses by slowly making his or her processes more cost-effective and efficient through the use of technology.  Over time as lawyers build up the quantity of unbundled work with the faster IT process, they will be able to maintain their standard of living while providing the now-expected lower fees to clients.  Unbundling may allow the lawyer to transition from inefficient traditional models of legal services delivery to newer and more cost-effective versions without making a huge initial investment.  Why will unbundling increase in popularity? It provides a delivery model that benefits both the public and the professional.
  • 21. Big Data in the Future of Legal Services  Collection of data from social media applications  Identification of legal needs  Suggestions for appropriate preventative action or solutions  Who will use this data and how?  Practice areas  Privacy/Confidentiality  Lawyer advertising rules? Will they keep lawyers out of the market but permit others in?  Collection of data from national database?  Legal services’ existing database, open sourced with API  Smaller scale collection and use?  Expert systems
  • 22. A Final Note  “The next generation of lawyers cannot rely on the exclusionary power of state-imposed boundaries to maintain the status, power, and distinction enjoyed by the profession in the past. If lawyers are to survive better than scribes or calligraphers did in the post- Gutenberg world, they need to do more than merely adapt new technologies to traditional practices and processes. The route to success lies in a new model of legal practice, in an understanding of the implications of shrinking distances between people and institutions.” – Ethan Katsh, Law in a Digital World (1995)
  • 23. Keeping up with changes  Jordan Furlong – law21.ca  My blog – virtuallawpractice.org  Richard Granat- elawyeringredux.com  ReInventLaw Lab - reinventlaw.com  Law Without Walls - lawwithoutwalls.org  Elawyering Task Force – elawyering.com  Alerts or # for:  Richard Susskind (@richardsusskind)  #Reinventlaw  Virtual law  Elawyering  Digital lawyering  Computational legal studies or computational law  Legal technology