Standard processes deliver efficiency and risk management. Personal touch ensures effectiveness.  In our business, we need both. 


While the legal and technology professions may seem diametrically opposite in many ways, certain functional elements of the roles executed by lawyers and technologists are, perhaps surprisingly, similar. 

One example is how both professions have standards or methodologies for stepping through defined processes.  Like most conventions, these structured practices are in place for very good reasons, having been tested over time to deliver results that are predictable within a narrow band of risk. Of course, whether a lawyer or technologist, the skilled technician also understands that there will be circumstances that occasionally warrant a personal touch. 
Continue Reading Standard processes and the occasional personal touch: the common ground of lawyers and technologists (294)


Several in-house innovators are converging on a set of best practices.


In Competition based on better commercial contract terms (211), I reviewed the current norms surrounding commercial contracting and postulated that the growing transparency regarding what is market for a particular term would cause the market for contracts to evolve from its current souk-like state to something that more closely resembles a modern e-commerce marketplace.  Since that post came out in December 2020, numerous companies have been employing AI tools such as TermScout. and crowd-sourced data such as Bonterms, to make their contracting practices more data-driven.
Continue Reading The emergence of data-driven contracting: notes from the field (292)


A law firm with best-in-class ALSP features


I have written before about how the lines between legal service providers are blurring, see, e.g., Lucien Pera & Yvonne Nath, “What If… Chambers Ranks Law Firms Alongside ALSPs?,” Law.com, Aug 20, 2020 (discussing implications of Chambers issuing its first ranking of ALSPs), and I especially enjoy singling out particular NewLaw business models for a closer inspection to show you exactly what I mean, see, e.g., The Post-Pandemic Law Firm (forthcoming Nov 2021).

Today, I feature Radiant Law (with which I have no affiliation).
Continue Reading Radiant Law: a closer look (265)


Pretty much everything was a counterintuitive curveball.


In April of 2006, more than 15 years ago, I wrote a memo to file that would go on to exert a disproportionately large impact on my thinking and career, albeit many of the lessons took years to come into focus and were far from what I expected.

The topic was Moneyball as applied to law firm associates—in essence, sketching out the data and methodology necessary to identify under and overvalued attributes of law firm associates, akin to the selection methods used by Oakland Athletics in the famous book by Michael Lewis.
Continue Reading Moneyball for law firm associates: a 15-year retrospective (257)


Making lemonade out of lemons.


It’s sometimes hard for those of us working in professional services or the legal profession to fully and completely walk in the shoes of our clients.   Sometimes it takes a bit of real-world experience to get us there. 

My spouse, Mila Jones (we call her Miles), was recently involved in a controversy that had the potential to result in class-action litigation involving several sophisticated parties.  As a loving and supportive spouse whose household was personally affected by the alleged wrong—and someone who earns his living in the litigation business—I had the experience of walking in the shoes of a prospective client.  And no surprise, it was eye-opening.
Continue Reading My walk in the shoes of a prospective client (254)


An early example of where things are headed.


In Post 228, Paula Doyle, Chief Legal Innovation Officer at the World Commerce and Contracting Association (WorldCC), made the claim that inefficiencies in the current commercial contracting process likely cost the global economy more than $1 trillion annually. We reach this figure by adding up the massive second-order effects caused by excessive contract complexity and poor process:
Continue Reading Case study: impact of AI and Big Data on low-risk contract negotiations (236)


“It is no exaggeration to say that the Restatement of the common law is the most difficult as well as the most important public work ever undertaken without the aid of government by the legal profession in this or any other country.”  William Draper Lewis, “Present Status of the American Law Institute,” 11 NYU L Rev 337, 343 (1929).

This essay is about the importance and value of building shared “legal infrastructure,” which is a term coined by the eminent economist and law professor Gillian Hadfield in her book, Rules for a Flat World (2017).
Continue Reading Legal infrastructure and the forgotten story of the Restatements (207)


A long-game model based on expertise, access, and trust.


This post is a deep dive into LexFusion, a new go-to-market organization founded by Joe Borstein and Paul Stroka.

Longtime readers of Legal Evolution may recall Post 034, which was a profile of the legal industry’s most skillful and accomplished team of consultative


When taught in context, one-to-many law practice is relatively simple and intuitive.


Many of my colleagues in the NewLaw elite often laugh that there’s no such thing as legal project management or data analytics for lawyers.  And I get their point.  The application of decades-old disciplines to the practice of law does not change