The graphic above is a breakdown of the 76 sessions at the 2017 CLOC Institute. Since there were seven concurrent tracks, it was impossible to attend more than a small fraction of the total programs.  Nonetheless, if one wants to understand the mindset and priorities of corporate legal departments, there is hardly a better window than a careful review of the various problems that the CLOC sessions are trying to solve.

The sessions are grouped into eleven subject matter categories (HT to research assistant Seth Saler for his help).  The numbers inside each unit reflect specific sessions (session titles can be accessed here). Below is a brief discussion of the content of the top categories.

Inside the Client’s Head

The biggest category is Legal Department Design, which suggests that the top priority of legal ops professionals is designing, building, and upgrading the legal department of the future.  It is both high-level and strategic in orientation.  Topics in this category include legal department budgeting, KPIs, using metrics to calculate ROI, data analytics, workflow design, and building and deploying internal dashboards. A common theme in all of this is doing more with less.

Continuing this theme, the second biggest category is Outside Counsel Management.  This includes convergence, AFAs, e-billing systems, legal project management, applied technology, outside counsel guidelines, rate evaluations and benchmarking [internal methodologies and tools, not sharing of industry data], litigation budgeting, outside counsel selection, client/law firm collaboration, using metrics to drive alignment, and law firm scorecards and evaluation. At most law firms, strategic planning takes the form of annual revenue targets by practice group. Judging from the CLOC sessions, it’s going to take some innovative thinking to get greater wallet share from these clients.

Professional Development and Tools & Technology tie for the third biggest category, with nine sessions each. Professional Development focuses on personality assessments (overview plus an applied workshop), improving teamwork and collaboration, workplace generational shifts, and networking. Tools & Technology includes technology platform selection, workflow automation, data security, technology roadmaps, how to create dashboards, and process design.

Note that Artificial Intelligence in its various forms appears in several session titles, but always as part of specific use cases. At least at CLOC, AI is no longer an introductory, freestanding topic.

The Professionalization Project

One relatively large category that I was not expecting to create was Legal Ops Professionalization. Instead, it emerged from the data.  The six sessions in this group focus on legal ops core competencies [click on CLOC figure to the right to enlarge], creating a legal ops function in your company, review of the legal operations maturity model {detailed multi-level model created by CLOC members], and salary negotiations for legal ops professionals.  Session title 62 says it all: “Control Your Destiny: How to Assess and Develop Your Legal Ops Skills.”

History is replete with examples of workers coming together to “professionalize” their craft through the creation of a common language and set of standards. This same process is now fully in motion in the emerging field of legal operations.  Although still a few years away, it will eventually culminate in a system of credentials and certifications to help the market identify and allocate legal operations talent. Such a system helps organizations hire the right person for a very important, high-stakes role.  As a second order effect, it also helps legal ops professionals increase their economic power and influence.

It is my view that legal ops is not, strictly speaking, a career path within legal departments.  Instead, legal operations is field that focuses on systems and controls for managing legal problems and complexity.  Under this broader definition, there are legal ops professionals inside progressive law firms, see Post 021 (categorizing law firms based on innovations in people, process, and technology), and legal managed service providers, see Post 010 (noting how managed service model requires “remarkably tight systems for project management and process improvement”). Although buyers and suppliers of legal inputs will always have slightly different perspectives, their underlying knowledge and skills are on a convergence path.

We are still very much in the early days of the legal operations movement.  This is a key part of solving the lagging legal productivity problem.  See What is Legal Evolution? (001) (discussing importance of solving lagging legal productivity); see also Six Types of Law Firm Clients (005) (discussing rise of CLOC).

What’s next? See Public Event: Soft Skills for the Effective Lawyer (023)

Many lawyers are daunted by the prospect of data, process, and technology.  Yet, retooling might not be that hard.

Below is a list of knowledge, skills, and technologies learned this summer by three of my 1L Indiana Law students. The catalyst was a 3½-week program at the University of Colorado Law School in May combined with 10-week paid internships (still in-progress) at legal employers who value JDs with legal ops skills.

Legal Operations Knowledge and Skills Experience with Specific Software Technologies
1. Process mapping Visio PRO
2. Document automation Contract Express
3. Expert systems Neota Logic
4. Data visualization and construction of metrics dashboards Dundas BI
5. Database structuring and query writing MS Access
6. Artificial Intelligence (AI) — various types and use cases
7. Open source versus proprietary software codebases
8. Speaking parts on calls with firm clients

This is a lot of learning for a 1L summer program. In fact, this is just a lot of learning.   Because rising 1Ls typically lack useful knowledge and experience, they are at high risk of being underemployed.  Yet, therein lies the opportunity: With the right learning structure, these students can learn relatively rare and valuable skills very quickly.

Imagine the transformation of the legal industry if 20% of practicing lawyers acquired these same skills over a similarly short period of time.  The primary obstacles to this outcome may be psychological rather than a shortage of time, money, or ability.

The credit for this quantum leap goes to the Tech Lawyer Accelerator (TLA) at CU Law.  Originally organized by Bill Mooz as part of a practitioner-in-residence initiative funded by AccessLex Institute, the TLA is now in its fourth year.  Because I played a role in its formation, a small number of Indiana Law students get to participate each year. Sometimes the dividends of our work far exceed our contributions and expectations.  That certainly happened here.

Bill Mooz and I are currently working on plans to scale the TLA for the benefit of other law schools and legal employers.  Stay tuned for that.

Here’s a shout-out to my wonderful students at Indiana Law and their first-rate summer employers:   Ingrid Barce and Austin Brady at SeyfarthLean (part of Seyfarth Shaw); and Tony Schuering at Chapman & Cutler. Keep up the good work!

What’s next?  See Honest and Informed Conversations (019)

alanbryanfutureoflitigAs a law professor, I worry about my students’ job prospects.  One way to manage this worry is to study clients and to work backwards from their needs.  Opportunities tend to find lawyers who follow this discipline.

Yet, making generalizations on law clients in the year 2017 is surprisingly difficult. This point was recently driven home by the juxtaposition of two “voice of the customer” examples at the Ark New Spectrum conference in Chicago last month.  The first example came from Aric Press, longtime editor-in-chief of The American Lawyer, who now spends a good portion of his time doing client feedback interviews through his consulting firm, Bernero & Press.

Example 1

Do law firms need to embrace sophisticated tech-based solutions to retain their largest and most important clients?  Aric put some variant of this question to a senior in-house lawyer who controls tens of millions of dollars of legal spend at a client we’ve likely all heard of.  The response was surprising, even to Aric. “I only need two pieces of technology. Email and my phone. And both work fine.”  This same in-house lawyer praised the firm being reviewed for cultivating a relationship of trust that felt personal. That’s comforting feedback for the service providers.

Example 2

The second “voice of the customer” came from Alan Bryan, Senior Associate GC of Legal Operations and Outside Counsel Management at Walmart. Alan presented the chart above, which graphically summarizes some of his views on the evolution of litigation [click on image to enlarge].

Caveat:  Alan Bryan is skilled and careful legal operations professional, which means he understands the range of interpretations that lawyers assign to graphical information.  A major caveat Alan made during his remarks is that the arrows above “are not to scale” — i.e., they do not reflect the quantum of hours worked or dollars spent. The chart instead shows a likely directional change in the relative mix of service providers, including in-house counsel.  The growing green arrow includes, at least in part, non-traditional legal service providers of the type profiled in “Efficiency Engines,” ABA Journal (June 2017).

So what’s the takeaway?

The nature of legal work among the nation’s largest corporate clients is simultaneously changing significantly and not at all.

On one level, this is frustrating because it means any generalization is vulnerable to the killer counterfactual anecdote. Within firms, this means strategy setting can veer toward melee.  The broader “profession” will also struggle to plan and adapt.

On another level, however, these two voice-of-the-customer examples reveal large client segments that are operating on different time tables. Alan Bryan feels sufficiently strongly about the changing nature of law practice that next year he will be teaching the first second full-semester* “Introduction to Legal Operations” course at an ABA-accredited law school. The course will be offered at his alma mater, University of Arkansas-Fayetteville School of Law.

The legal world is changing, albeit unevenly and in ways that defy simple generalizations.  That said, I would be comfortable wagering that over the course of a 40-year career, taking Alan Bryan’s legal ops course will, in cumulative effect, open as many professional doors as a degree from Harvard Law School, albeit HLS appears to be hedging itself in a very prudent way.  See Underestimate Harvard Law’s New Admissions Strategy at Your Own Risk.  As a field, legal ops is disruptive because it focuses on measurable results. See Post 005 (discussing rise of legal ops and CLOC).  You either have the knowledge, skills and experience to deliver, or you don’t.  Credentials and pedigree can’t fill that gap.


 * Since the fall of 2015, legal innovator Ken Grady has been teaching “Delivering Legal Services” at Michigan State University College of Law.  This is a 2-credit course that functionally covers the terrain of legal ops, including, per Ken’s email, “project management, process improvement, technology, metrics, design thinking, and a few other topics.”  Since January 2016, Indiana Law has been offering a 1-credit Legal Operations course during our January Wintersession. If your school also offers a “legal ops” course, please let me know and I’ll amend this post.

What’s next?  See Example of Automating Private Placement Documentation (014)

Six Types of Law Firm Clients
Six Types of Law Firm Clients

As the legal market remains flat for law firms, the focus naturally turns to clients.  How they think. What they care about. How they spend their budgets. Etc.  Yet, to the extent that clients vary in significant ways, the generalizations aren’t particularly helpful.

Six Types of Clients

There are many ways to categorize clients, but by my lights the most useful is size and organizational structure of the in-house legal department. As shown in diagram above, this metric varies from zero for individuals (Type 1) and business owners (Type 2), to the equivalent of a specialized law firm embedded inside a large corporation (Types 5 and 6). Continue Reading Six Types of Law Firm Clients (005)