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The summer of our discontents

Two months ago, if you prompted Version 3 of the AI-art generator MidJourney to generate depictions of an “otter on a plane using wifi,” you were rewarded with the nonsense in the left panel of our lead graphic. A month later, Version 4 could take the same prompt and render, in seconds, multiple detailed drawings that are likely beyond 80% of the population’s imagination and certainly beyond 99.9% of the population’s acumen at illustration (above right panel).

Imagine what our new year will bring.

This matters. And we shall return to our wifi-enabled Mustelidae further down.

This lengthy essay has a lengthy preview essay authored by CSO Casey Flaherty. See Post 347. These two essays reflect nearly everything we are learning through our industry meetings. Although the act of writing is a crucial step in crystalizing our thinking for ourselves and our clients, we’ve done our best to make these essays enjoyable for readers.Continue Reading LexFusion’s Second Annual Legal Market Year in Review (348)

Winter is coming and many legal departments will be left in the cold.

Let’s get a difficult conceptual issue out of the way. This is a long post that some might construe as a criticism of large corporate legal departments. It’s also a preview of LexFusion’s Second Annual Legal Market Year in Review. See Post 280 (First Annual Review). So it’s fair to ask, “why is LexFusion’s Chief Strategy Officer spending so much time delivering a difficult set of truths to his company’s largest category of customers?”

My answer is two-fold. First, the LexFusion model does not work over the long run, or nearly as well as it could, unless we are helping solve significant operational and strategic problems. See Post 203 (discussing LexFusion business model). Second, as a lawyer counseling other lawyers, I owe them my honest assessments. And more so than any of my prior legal jobs, the LexFusion perch, with literally thousands of industry meetings per year, lends itself to root cause analysis. Root causes can be difficult to communicate and even more difficult to hear, but they’re also the ground floor of virtually all sustainable solutions.

With two years under my belt at LexFusion, I have more to say than last year. Hence, Bill has been kind enough to publish this preview essay. Taking advantage of the elongated Holiday weekend, tomorrow we’ll publish our co-authored Second Annual Legal Market in Review. See Post 348. Many thanks for your readership.Continue Reading Preview of the LexFusion Second Annual Legal Market in Review (347)

A. By embracing Adaptive Leadership principles.

[Editor’s note: Scott Westfahl and Anusia Gillespie worked together at HLS Executive Education and have been collaborating ever since.  Drawing upon Scott’s expertise in Adaptive Leadership and Lawyers Driving Change and Anusia’s perspective across organizations, their most recent effort was an online panel titled “The Resilient GC: Rolling with Disruption.”  Today’s NewLaw Fundamentals column summarizes the top five takeaways from this session, which strongly reinforce the message that NewLaw methodologies and frameworks are becoming core to legal department strategy. wdh]

Shannon Thyme Klinger, Terry Theologides, and Dev Stahlkopf

In The Economist’s recent General Counsel US Insight Hour, “The Resilient GC: Rolling with Disruption,” we heard from Shannon Thyme Klinger, Chief Legal Officer and General Counsel of Moderna, a biotechnology company that went from $800 million US in sales in 2020 to more than $18 billion US in sales in 2021; Terry Theologides, General Counsel of Fannie Mae, a government-sponsored mortgage financing enterprise with $22 billion US in annual revenue; and Dev Stahlkopf, Chief Legal Officer and General Counsel of Cisco, a digital communications technology conglomerate corporation with $52 billion US in annual revenue.

What did these three leading General Counsels from three disparate industries have to say about thriving as the clock speed of change accelerates around them and their companies?
Continue Reading Q. How do GCs thrive amid disruption? (337)

A closer look at my work at UnitedLex.

Editor’s note:  For this month’s column, I encouraged Anusia to write about her work at UnitedLex, as it’s a complex topic of great value to the LE audience. See Post 020 (discussing the critical role of change agents in helping social systems successfully adopt innovation); Post 034 (discussing work of modern legal industry change agents).  Further, first-person narrative accounts—i.e., personal stories—are the best way to communicate the complexities of an industry in transition.  Indeed, commercial vulnerability, which is on display here, is very effective for education. wdh.

Upon my return from an energizing solutioning session with a prospective client, a family member and former 30+ year in-house attorney at a $30B+ annual revenue financial services organization based in New York, turned her gaze up to me and glibly asked, “So, did you sign them up?”

Knowing that she is quite jaded about anything new in #LawLand, I declined the opportunity to explain that signing people up is not what I do and, instead, offered a thin smile, “Not yet.”
Continue Reading “Did you sign them up?” and other questions from an industry in transition (320)

Maybe the ROI for legal tech comes from happier workers who stay.

Emily Chang: What do startups have to do in order to have a successful exit, whether it is an IPO or just building a great business?

Paul Graham: They have to make something that actually makes people’s lives better. It’s funny how straightforward it is.

“Y Combinator’s Graham Says Startups Must Improve Lives,”  YouTube, June 17, 2011.

Here is my prediction: companies are about to spend more on legal technology, but not because they are trying to save money or be more efficient. Law firms and, to a lesser extent legal departments, are beginning to see investment in technology as a solution to unprecedented burnout and talent attrition. The further entrenchment of remote work will only amplify this trend. Smart marketers have figured out that this messaging is resonating. The deluge of messaging connecting tech and talent will shift how companies justify their return on investment. Technology does, in fact, have the potential to improve the day-to-day experience of the people on legal teams, but there is some important nuance. Let’s dive in.
Continue Reading People-driven tech: How new priorities and remote work are increasing #legaltech adoption (299)

Clients too often ignore law firm incentives and market power.  They also substitute management for leadership.

Editor’s note:  This post returns to a subject first addressed here in Posts 029, 030, 031: successful law firm convergence and the management of law firm panels.  In this article, Dan looks back over AdvanceLaw’s work in the intervening five years and identifies four of the most common and consequential flaws in corporate law firm panels.  What follows draws on input from the staff of AdvanceLaw, where Dan is a Managing Director.

Why law firm panels matter

Law firm panels are a primary client strategy for controlling legal spend, but they also help stimulate innovation.   Innovation matters because panels wouldn’t be worth the effort if they didn’t produce better performance, which requires changes in how things get done.  Yet as Legal Evolution has documented in its posts on diffusion theory (tip: start with Post 001 and read chronologically),  many forces resist innovation in legal services, and those forces can only be overcome by sustained change management efforts from both law firms and clients.  Neither firms nor clients will commit to this effort if their relationship is temporary or poorly defined, so structured approaches like law firm panels are necessary to create the conditions under which innovation is at least possible.
Continue Reading The four fatal flaws of law firm panels (297)

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. Because it requires us to evolve our culture.

The building blocks to create the next level of Legal are now available, so why aren’t we “there” yet?

In this month’s NewLaw column, I suggest that Legal’s modernization journey is cultural as well as technological.  Indeed, without the evolution of our culture, our innovation efforts are destined to frustrate and underwhelm our key stakeholders.
Continue Reading Q. Why aren’t we “there” yet in modernizing Legal? (286)

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The legal profession appears to be on autopilot.

This post is for legal market analysts who are looking for updated and reliable data on the current legal services market. Collectively, its eight graphics reveal several themes that ought to give us pause, as we (the legal profession) may not have unlimited runaway to focus on strategies related to income and profit.

Most of the underlying data come from the Economic Census, which is a detailed ongoing survey of US businesses conducted every five years (years ending in 2 and 7) by the US Census Bureau.  Because of the size and scope of the data collection effort (it’s a census, not a sampling), it takes the full five-year cycle to complete the analysis and release the findings. The final—and in my view, the most interesting—installments were published last fall.
Continue Reading Eight updated graphics on the US legal services market (285)

An honest and candid assessment of corporate legal, circa 2021

Several months ago, before we had even completed our first year of operations, Bill invited us to write a legal market year-in-review.  His reasoning was simple—our business model entails a lot of listening.  Over the past twelve months, we heard the hopes, dreams, and fears of 240 law firms and 327 law departments (corporate legal) spread over 2,600 meetings.

Perhaps you’re anticipating a conversation about what’s hot in Legal Tech and NewLaw.  And back when we accepted Bill’s invitation, that seemed like a logical direction.  Yet, much to our own surprise, we find ourselves writing a year-in-review essay that focuses on the primacy of culture and cultural adaption.
Continue Reading LexFusion’s Legal Market Year in Review (280)