Some history, some terminology, and finally, some practice tips.


Q.  In recent years, design thinking has become more popular in legal, partially as a buzzword but also, in some quarters, as an actual practice.  Why is this happening?

More so than in years and decades past, business leaders are pushing legal departments and law firms to drastically improve or expand client service. Naturally, this requires turning the spotlight on the client to deeply understand their business problems and experience in working with legal.  The confluence of the demand for more human-centered services and solutions, the need for creativity to break through boundaries, and lawyers’ tendency towards discomfort with ambiguity have pushed the profession to seek refuge in design thinking.

Developing ways to do things differently can get messy and feel uncomfortable, especially for a risk-averse population. With the structure of the methodology, design thinking provides lawyers with a handy “checklist to innovate” that can help put them at ease and guide them to an outcome.
Continue Reading Design thinking versus legal design: what’s the difference? (306)


The hard work that comes before any discussion of technology


Chapter 5, Playbooks

The need for creating playbooks for templated contracts is a subject of much discussion. This is because playbooks are one of the ways in which contracting is simplified. But they can take many forms. Luckily, distinguishing and differentiating between the necessary types of playbooks is possible without creating too much complexity. Not only are they used to create standardization across a law department, but they also empower the business.

Playbooks educate, create consistency, and are an absolute requirement for any type of outsourcing contract review. I submit for your consideration that there are two basic types of playbooks: The Law Department Playbook and the Empowerment Guide.
Continue Reading CLM Simplified Part III: Playbooks, People, and Process (271)


Law firm innovation takes many forms. We need a tool to de-risk and demystify the process.


The above graphic is the Maker’s Matrix©, which is a tool I created to more efficiently categorize, prioritize, and resource innovation projects.  This is because innovation in law firms is a nascent field with lots of hype and headlines but remarkably little structure.  See, e.g., Bruce MacEwen, “Who’s your Chief Innovation Officer, ” Adam Smith, Esq., Nov. 13, 2019.  That’s okay, though.  I’m happy for the opportunity to figure it out.
Continue Reading Innovation as a Service and the Maker’s Matrix (128)