Legal Efficiency 2015

Technology is Protecting files Are there better P03 driving legal evolution P06 from the hackers P12 ways of billing clients?

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News editor at The Law Society Gazette, he specialises in IT issues within the legal sector, and has contributed to The he business of law in Brit- of corporate legal departments ner: “A lot of people, particularly the latest UK law firm to plan the Guardian, The Independent and The Observer. Tain is being convulsed by were the big winners of the 2007- with the ABS [alternative business launch of a low-cost services hub, the most fundamental 8 global financial crisis. Provided structure] changes in the UK, have or so-called near-shoring centre, in MICHAEL DEMPSEY evolutionary spasms experienced in their companies survived the eco- cottoned on to law as a business Manchester. Allen & Overy and Her- the best part of a century, with tech- nomic turmoil, general counsel rather than law as a profession. And bert Smith Freehills have already Journalist and media consultant, he has worked for BBC nology driving much of the change. (GC) were catapulted into posi- so you’ve got people coming in with created near-shoring operations in News, Financial Times, and numerous other publications and Beasts such as alternative busi- tions of unprecedented power over a kind of an outsourcing mind-set. Belfast, while Ashurst has made a broadcasting organisations. ness structures with their concepts their supplier law firms. You’ve got the big accountancy firms similar move in Glasgow. Indeed, Al- EDWARD FENNELL of multi-professional partnership Whereas partnership commit- moving back into the market and len & Overy has gone a step further and external investment were either tees at large commercial practices you’ve got boutiques that have spun with the launch at the end of 2013 of Award-winning specialist writer on business law and the legal unknown or universally disparaged historically issued almost pro for- out of some of the big firms trying to Peerpoint, which provides contract industry, he is a regular contributor to The Times. as recently as a decade ago. Now ma annual notification of hourly target particular niches of activity.” lawyers to clients. they are part of the new normal. fee rate hikes, in the fallout of the Others point to the emergence “Running law firms is essentially CHARLES ORTON-JONES On its face, the legal profession financial crisis, general counsel of so-called virtual legal practic- no different from running any other Former Professional Publishers Association Business Journalist in England and Wales – the juris- suddenly found themselves with es – sometimes ABSs, sometimes business,” says Nigel Savage, the for- of the Year, he was editor-at-large of LondonlovesBusiness. diction that sets the mood music the whip hand. pure outsourcers – that have former chief executive and president of com and editor of EuroBusiness magazine. for the rest of the UK’s lawyers – “General counsel must always be saken bricks and mortar to operate the University of Law, who is now a appears to be in rude health or at aware of exactly who or what their almost exclusively online or by pro- non-executive director at Fletchers, least if the pure yardstick of lawyer money is buying,” Bruce MacMillan, viding bespoke services to in-house a Merseyside personal injury and numbers is the measure. senior commercial legal adviser at legal departments. clinical negligence practice. Statistics show the two sen- Visa Europe told the recently pub- Relatively recently launched “A successful business must first ior sides of the profession are lished GC Excellence Report. examples of the breed include control its costs and become more booming. Today, there are around Riverview Law, Axiom, Obelisk and efficient, and then, secondly, drive TECHNOLOGY FOR SURVIVAL 127,600 practising solicitors in Keystone Law. “They are offering revenue growth. Lawyers have done England and Wales, a whopping 54 And while law firms may have general counsel something different quite well at the former, but with per cent more than at the begin- an image of being lumbering el- – they can set up whole teams that notable exceptions, they are only ning of this century. ephantine creatures taking dec- And the bar, which is routinely ades to change pace and direction, There’s an incredible pressure, quite written off at the junior end as being some global senior partners are on its last legs, has experienced sim- getting the message. They recog- rightly, from clients to get more for less Although this publication is funded through advertising and ilar growth. Currently, some 15,000 nise that the old models are mov- sponsorship, all editorial is without bias and sponsored features are in independent chambers, 45 ing to the history books and mod- can work on a specific project for just beginning to address the latter.” are clearly labelled. For an upcoming schedule, partnership inquiries or feedback, please call +44 (0)20 3428 5230 or e-mail per cent more than 14 years ago. ern technologies are the passport years for a fixed price,” says Anthony He maintains the exemplar for [email protected] Yet those numbers belie tec- to business survival. May, co-founder of London-based efficiency is the personal injury sec- tonic rumblings beneath the sur- “There’s an incredible pressure, professional services search con- tor. “It has had everything thrown at Raconteur is a leading publisher of special-interest content and research. Its publications and articles cover a wide range of face. Many suggest the bubble will quite rightly, from clients to get sultancy Hedley May. it in the last 20 years, and has con- topics, including business, finance, sustainability, healthcare, ultimately burst, if the air is not more for less,” says Rob Day, the And forward-thinking glob- sistently adapted its business mod- lifestyle and the arts. Raconteur special reports are published already leaking. A combination former London managing part- al players are not sitting on the els to fit the market by embracing exclusively in The Times and The Sunday Times as well as online at www.raconteur.net of corporate client pressure and ner of King Wood Mallesons, the sidelines. They too are involved in technology and business process enhanced technology is forcibly Sino-Australian global firm that cutting-edge restructuring to pro- improvements. And now the corpo- The information contained in this publication has been obtained changing the very structure of merged with City player SJ Berwin vide enhanced value-for-money rate law firms are catching up with from sources the Proprietors believe to be correct. However, no legal liability can be accepted for any errors. No part of this traditional legal practice and the in October 2013. options to clients. these trends.” publication may be reproduced without the prior consent of the shape of the law firm of the future. According to Mr Day, who has re- Examples include Freshfields Publisher. © Raconteur Media It is beyond doubt that the heads turned to the rank of corporate part- Bruckhaus Deringer, which is LEGAL EFFICIENCY 2015 1 RACONTEUR.NET LEGAL EFFICIENCY ONLINE: 19/02/15 i /COMPANY/RACONTEUR-MEDIA WWW.RACONTEUR.NET/LEGAL-EFFICIENCY-2015 P04 EDITION #0299 f /RACONTEUR.NET t @RACONTEUR

Artificial Intelligence Case Study RESEARCHING FOR and junior associates. Due diligence Excel-based programmes that its and litigation discovery software is inquiry team will use to help make already highly developed. initial assessments of the likelihood Mr Williams says the first applica- of a positive outcome for each case. A LEGAL ‘ROBOT’ tions are appearing in e-Discovery, The firm stresses that it is not re- where software “can alight on cer- placing human skills. Patrick Allen, tain phrases, patterns of exchanges, Hodge Jones & Allen senior partner, massively more cheaply, but proba- says: “These models will not replace bly more thoroughly and effective- their experience and judgment, but ly” than a human can. A computer will provide an additional aid to is as fresh and alert at 2am as it was them in a world where it is no longer at nine o’clock the previous morn- good enough to take a case on with ing. Even if objectively the system a 50 per cent chance of success and turned out to be not as expert as where fees are restricted to a few a human, some types of law firms hundred pounds.” consultancy Jomati, is the innate might find the trade-off acceptable conservatism of the legal sector. for some types of cases. However, there is every sign that A more sophisticated use of AI There is every sign a combination of technological ad- is in providing strategic guidance. that a combination vance and market pressure is about By instantly trawling through re- of technological to push law firms into the AI age. A cords of past cases, a system can recent study by Jomati, Civilisation find the optimum percentage at advance and market 2030: The Near Future for Law Firms, which an increased offer would pressure is about to push law points out that, after long incubation lead to a settlement. firms into the AI age TIME IS and experimentation, “technology This is not just theory. London can suddenly race ahead at astonish- firm Hodge Jones & Allen is already ing speed”. pioneering a “predictive model of Firms pioneering such innovation Mr Williams says we could be case outcomes” to assess the viabili- are likely to be new entrants coming RIGHT at that point with AI, particularly ty of its personal injury caseload. The into the market as alternative busi- the so-called “knowledge bot”. One immediate spur was the Jackson civil ness structures, Mr Williams says. tipping point may be last year’s litigation reforms, which drastically New entrants will be looking for a claim of an AI system passing the affected the profitability of personal competitive edge, have greater free- FOR TECHNOLOGY “Turing test” of being indistin- injury cases. dom than incumbents to design pro- guishable from a human in a two- cesses from scratch and have access STATISTICAL TECHNIQUES way conversation. to external sources of capital. Some of Image: Getty “Professional services generally To develop the model, the law the early adopters may be accountan- The Agent Applications, Research mating routine legal tasks, speeding TO TAKE OVER rely on a lot of data and informa- firm provided Andrew Chesher, pro- cy firms who, ironically, are entering and Technology (Agent ART) Group up and cutting the price of services. tion, and a relatively small amount fessor of economics and economic the legal market as a hedge against at Liverpool University is a leading In particular, the firm is working with of judgment,” he says. This makes measurement at University College the threat of automation to their ex- centre of pure and applied research Katie Atkinson, reader in the Agent Robots are unlikely to replace rtificial intelligence or AI is them ripe candidates for the ap- London, with data about the out- isting core audit work. in autonomous agents and mul- ART Group of the university’s Depart- lawyers in court, but they can Athe future of the legal pro- plication of machine intelligence. comes of 600 cases concluded over This has consequences for the ti-agent systems. In everyday English, ment of Computer Science. She de- fession. The good news for In fact, professional services may 12 months. He used a combination shape of the industry and the career this is the science underpinning the scribes her research as concerning prepare papers for hearings, as anyone worried by that statement turn out to be more suited to au- of statistical techniques to examine paths of those in it. One likely conse- development of robots, either real “computational models of argument, Michael Cross reports is people have been making it for tomation than menial factory or the factors contributing to which quence is the further decline in the or virtual, capable of making their with a particular focus on persuasive several decades. The first interna- household labour. cases were won or lost, the damag- use of legal secretaries and the num- own decisions in complex situations, argumentation in practical reason- tional conference on law and artifi- es that were received by claimants ber of associates hired, which could including conflicts with other robots. ing and how this can be applied in MACHINES AS WRITERS cial intelligence was held in Boston in successful cases and the costs re- interrupt the career paths of juniors This is a field at the cutting edge of domains such as e-democracy, law in 1987, before the invention – let AI-based systems are already mak- ceived by the firm. to partnership. information technology. and agent systems”. alone the mass use of – the world- ing inroads into knowledge-based Factors examined included the Some of the innovators will fail. At first sight the Agent ART Group Dr Atkinson says it is a good fit. “We wide web. industries such as journalism. The claimant’s demographics, the nature But Mr Williams warns incumbents appears to have little in common are delighted to be working with such Despite the early enthusiasm the Associated Press news agency plans and cause of the injury, the quality of against complacency. “The biggest with Riverview Law, a new-style legal an innovative company as Riverview concept of computers taking over le- to automate the writing of corporate the defendant’s solicitors, the level of strategic risk facing any organisa- business set up in Liverpool in 2010, Law. From our first meeting we were gal reasoning tasks from human law- earnings reports with an AI system solicitor handling the case, and the tion is failing to listen to weak sig- which has DLA Piper as a minority struck by the commitment its team yers has yet to become reality. Partly called Wordsmith, which spots pat- time between injury and instruction. nals,” he says. “There have been a shareholder, and provides legal has to the application of technology, this is because artificial intelligence terns and trends in raw data and then The results of the analysis were number of weak signals. We’d better advisory outsourcing and technology not only in its own business, but developed more slowly everywhere describes those findings in natural used to produce models able to start listening.” solutions to in-house legal functions also in the way it delivers services than the enthusiasts predicted. An- language. Similar systems could pro- predict the likelihood of cases be- of large corporations. to its global customers. Meetings other factor, according to Tony duce legal documents, carrying out ing won or lost. The firm says these Last month, however, the firm with those customers and the wider Williams, principal at the specialist many of the tasks given to paralegals models are now being turned into announced it had set up a “knowledge Riverview Law team simply confirmed transfer partnership” with the Universi- our desire to work with them and ty of Liverpool to find ways of developing show how we can commercialise our the university’s artificial intelligence (AI) research,” she says. expertise in the legal field. Karl Chapman, chief executive of The firm says the partnership will Riverview Law, comments: “Over the enable it to apply a range of lead- last 18 months, as we developed our ing-edge computer science expertise thinking in the AI and expert systems in areas such as text processing, field, we were delighted to find such network analysis, computational relevant world-class expertise on our argumentation and data mining. “A doorstep – North-West England really primary objective of this project is is becoming the centre of the legal to automate some of the cognitive universe. We are very focused on abilities of knowledge workers to providing expert systems and tools provide organisations with intelligent that support knowledge work, and decision support tools,” Agent ART the way AI and such systems can help says. The hope is to create artificial our teams and our customers make intelligence software capable of auto- quicker and better decisions.” LEGAL EFFICIENCY 2015 1 RACONTEUR.NET LEGAL EFFICIENCY ONLINE: 19/02/15 i /COMPANY/RACONTEUR-MEDIA WWW.RACONTEUR.NET/LEGAL-EFFICIENCY-2015 P04 EDITION #0299 f /RACONTEUR.NET t @RACONTEUR

Artificial Intelligence Case Study RESEARCHING FOR and junior associates. Due diligence Excel-based programmes that its and litigation discovery software is inquiry team will use to help make already highly developed. initial assessments of the likelihood Mr Williams says the first applica- of a positive outcome for each case. A LEGAL ‘ROBOT’ tions are appearing in e-Discovery, The firm stresses that it is not re- where software “can alight on cer- placing human skills. Patrick Allen, tain phrases, patterns of exchanges, Hodge Jones & Allen senior partner, massively more cheaply, but proba- says: “These models will not replace bly more thoroughly and effective- their experience and judgment, but ly” than a human can. A computer will provide an additional aid to is as fresh and alert at 2am as it was them in a world where it is no longer at nine o’clock the previous morn- good enough to take a case on with ing. Even if objectively the system a 50 per cent chance of success and turned out to be not as expert as where fees are restricted to a few a human, some types of law firms hundred pounds.” consultancy Jomati, is the innate might find the trade-off acceptable conservatism of the legal sector. for some types of cases. However, there is every sign that A more sophisticated use of AI There is every sign a combination of technological ad- is in providing strategic guidance. that a combination vance and market pressure is about By instantly trawling through re- of technological to push law firms into the AI age. A cords of past cases, a system can recent study by Jomati, Civilisation find the optimum percentage at advance and market 2030: The Near Future for Law Firms, which an increased offer would pressure is about to push law points out that, after long incubation lead to a settlement. firms into the AI age TIME IS and experimentation, “technology This is not just theory. London can suddenly race ahead at astonish- firm Hodge Jones & Allen is already ing speed”. pioneering a “predictive model of Firms pioneering such innovation Mr Williams says we could be case outcomes” to assess the viabili- are likely to be new entrants coming RIGHT at that point with AI, particularly ty of its personal injury caseload. The into the market as alternative busi- the so-called “knowledge bot”. One immediate spur was the Jackson civil ness structures, Mr Williams says. tipping point may be last year’s litigation reforms, which drastically New entrants will be looking for a claim of an AI system passing the affected the profitability of personal competitive edge, have greater free- FOR TECHNOLOGY “Turing test” of being indistin- injury cases. dom than incumbents to design pro- guishable from a human in a two- cesses from scratch and have access STATISTICAL TECHNIQUES way conversation. to external sources of capital. Some of Image: Getty “Professional services generally To develop the model, the law the early adopters may be accountan- The Agent Applications, Research mating routine legal tasks, speeding TO TAKE OVER rely on a lot of data and informa- firm provided Andrew Chesher, pro- cy firms who, ironically, are entering and Technology (Agent ART) Group up and cutting the price of services. tion, and a relatively small amount fessor of economics and economic the legal market as a hedge against at Liverpool University is a leading In particular, the firm is working with of judgment,” he says. This makes measurement at University College the threat of automation to their ex- centre of pure and applied research Katie Atkinson, reader in the Agent Robots are unlikely to replace rtificial intelligence or AI is them ripe candidates for the ap- London, with data about the out- isting core audit work. in autonomous agents and mul- ART Group of the university’s Depart- lawyers in court, but they can Athe future of the legal pro- plication of machine intelligence. comes of 600 cases concluded over This has consequences for the ti-agent systems. In everyday English, ment of Computer Science. She de- fession. The good news for In fact, professional services may 12 months. He used a combination shape of the industry and the career this is the science underpinning the scribes her research as concerning prepare papers for hearings, as anyone worried by that statement turn out to be more suited to au- of statistical techniques to examine paths of those in it. One likely conse- development of robots, either real “computational models of argument, Michael Cross reports is people have been making it for tomation than menial factory or the factors contributing to which quence is the further decline in the or virtual, capable of making their with a particular focus on persuasive several decades. The first interna- household labour. cases were won or lost, the damag- use of legal secretaries and the num- own decisions in complex situations, argumentation in practical reason- tional conference on law and artifi- es that were received by claimants ber of associates hired, which could including conflicts with other robots. ing and how this can be applied in MACHINES AS WRITERS cial intelligence was held in Boston in successful cases and the costs re- interrupt the career paths of juniors This is a field at the cutting edge of domains such as e-democracy, law in 1987, before the invention – let AI-based systems are already mak- ceived by the firm. to partnership. information technology. and agent systems”. alone the mass use of – the world- ing inroads into knowledge-based Factors examined included the Some of the innovators will fail. At first sight the Agent ART Group Dr Atkinson says it is a good fit. “We wide web. industries such as journalism. The claimant’s demographics, the nature But Mr Williams warns incumbents appears to have little in common are delighted to be working with such Despite the early enthusiasm the Associated Press news agency plans and cause of the injury, the quality of against complacency. “The biggest with Riverview Law, a new-style legal an innovative company as Riverview concept of computers taking over le- to automate the writing of corporate the defendant’s solicitors, the level of strategic risk facing any organisa- business set up in Liverpool in 2010, Law. From our first meeting we were gal reasoning tasks from human law- earnings reports with an AI system solicitor handling the case, and the tion is failing to listen to weak sig- which has DLA Piper as a minority struck by the commitment its team yers has yet to become reality. Partly called Wordsmith, which spots pat- time between injury and instruction. nals,” he says. “There have been a shareholder, and provides legal has to the application of technology, this is because artificial intelligence terns and trends in raw data and then The results of the analysis were number of weak signals. We’d better advisory outsourcing and technology not only in its own business, but developed more slowly everywhere describes those findings in natural used to produce models able to start listening.” solutions to in-house legal functions also in the way it delivers services than the enthusiasts predicted. An- language. Similar systems could pro- predict the likelihood of cases be- of large corporations. to its global customers. Meetings other factor, according to Tony duce legal documents, carrying out ing won or lost. The firm says these Last month, however, the firm with those customers and the wider Williams, principal at the specialist many of the tasks given to paralegals models are now being turned into announced it had set up a “knowledge Riverview Law team simply confirmed transfer partnership” with the Universi- our desire to work with them and ty of Liverpool to find ways of developing show how we can commercialise our the university’s artificial intelligence (AI) research,” she says. expertise in the legal field. Karl Chapman, chief executive of The firm says the partnership will Riverview Law, comments: “Over the enable it to apply a range of lead- last 18 months, as we developed our ing-edge computer science expertise thinking in the AI and expert systems in areas such as text processing, field, we were delighted to find such network analysis, computational relevant world-class expertise on our argumentation and data mining. “A doorstep – North-West England really primary objective of this project is is becoming the centre of the legal to automate some of the cognitive universe. We are very focused on abilities of knowledge workers to providing expert systems and tools provide organisations with intelligent that support knowledge work, and decision support tools,” Agent ART the way AI and such systems can help says. The hope is to create artificial our teams and our customers make intelligence software capable of auto- quicker and better decisions.” LEGAL EFFICIENCY 2015 1 RACONTEUR.NET LEGAL EFFICIENCY ONLINE: 1 RACONTEUR.NET 19/02/15 i /COMPANY/RACONTEUR-MEDIA WWW.RACONTEUR.NET/LEGAL-EFFICIENCY-2015 i /COMPANY/RACONTEUR-MEDIA LEGAL EFFICIENCY 1 RACONTEUR.NET P06 EDITION #0299 f /RACONTEUR.NET f /RACONTEUR.NET 19/02/2015 i /COMPANY/RACONTEUR-MEDIAP07 t @RACONTEUR P06 t @RACONTEUR EDITION #0299 f /RACONTEURMEDIA t @RACONTEUR

Digital Privacy Damage Limitation CommercialCommercial FeatureFeature

Image: Rex Features Image: Getty to think about the consequences of checking devices in a crowded public place. And clients use cloud services like Dropbox to send over files that are too big for e-mail.” Outsourcing: the regulatory At Bircham Dyson Bell employees avoid Dropbox in favour of a more secure service that can only be ac- cessed by approved e-mail address- es. But Mr Poulter concedes that a and litigation game-changer balance has to be reached between security and what is practical for both clients and lawyers. Different cases call for different Advances in litigation technology are careering along so quickly they are bound approaches. QualitySolicitors Jack- son Canter is a 60-year-old law firm to trigger profound changes in the traditional structure of law firms and the emergence with offices in Liverpool and Man- chester. The ongoing inquests into of new types of providers, predict those at the forefront of the techniques deaths at the Hillsborough football stadium disaster involves Jackson Canter, which is representing be- reaved families. SECURE DATA SYSTEMS

Given the high profile of this in- Gone are the days when large com- “Jobs traditionally done by law firms, quest a secure data system has been mercial lawsuits were preceded by such as document review and data OUTSOURCING set up for the participating law firms. 73% an investigation involving dozens of discovery, are now being undertaken HOW SAFE ARE CLIENTS’ This embodies a level of security paralegals and junior lawyers clois- more by external companies. And the savings above Jackson Canter’s procedure tered in a basement sifting through cost efficiencies are enormous.” redefines what is possible FILES FROM HACKERS? for sensitive documents, whereby swathes of documents. Total’s legal department is in the staff can only access files from lo- Modern e-disclosure packages can process of introducing greater use of with a swifter, more cost- On average outsourcing saves cations beyond their office via the WHEN REPUTATIONS now blitz millions of e-mails and other technology into the company’s daily 73% of the cost when compared Client confidentiality is a cornerstone of the law, but does firm’s own firewall. “When you deal digitally held files in a fraction of the transactional work and in relation to effective and more positive with sensitive cases you must ensure time for merly re quire d. A nd that s p e e d instructions for external lawyers. “We to traditional methods an era of digital leaks and data breaches threaten privacy? the best protection with encryption ARE AT RISK, CALL has been enhanced by recent moves are envisaging at least a 40 per cent outcome as an added layer of security,” says away from simplistic foraging for key- saving on work that we would other- Michael Dempsey reports chief executive Andrew Holroyd. words to more analytical processes wise have our external lawyers under- IN THE SWAT TEAM using ontological search engines. taking,” says Mr Young. Indeed, the ability to look at more That is a big number. And some law than keywords is becoming crucial, es- firms are getting the message, with chillings is a law firm that to have rules about data-handling. Technology It’s an unusual service to be offered by a law firm, pecially in the international context of the result being they are beginning Smade its name with ag- These principles must be evaluated Outlook cross-border litigation. Words can have to work with outsourcers to provide a gressive actions in defence by regular exercises in which the but the creation of a Data Breach Swat Team is 81% 52% the same spelling but entirely different team-based service to clients. of its clients’ reputations. Today the firm’s own IT security specialists at- Page 10 a sign of the times, writes Michael Dempsey meanings in various languages. Having “It is no longer in anyone’s interest 31-year-old business has expanded tempt to hack systems and lure staff technology that understands that issue to s p end £ 3,0 0 0 t r yin g to find ju s t one continue to faster into offering advice on the wider into data breaches via phishing. – “that thinks as a person thinks”, as document,” says Richard Legge, the subject of risk and data security. And The Solicitors Regulation Au- The firm offers all clients the op- one lawyer puts it – is highly valuable. e-disclosure manager at London law outsource Outsourcing achieves tasks the firm has a very clear sense that thority (SRA) is the obvious source tion of e-mail encryption software in The term “Swat”, taken from Mr Prince insists that any But t he te chnolo g y is not ju s t u s ef ul firm Mishcon de Reya. in half the time protecting the client information it of rules governing how a law firm much the same way as online banks US police Special Weapons breach of client information once litigation is afoot. In-house legal “The processing of data is highly Once tried over 81% of clients holds is critical for its own reputation. should protect data. But the Infor- attach optional extra levels of securi- and Tactics teams, is perhaps must be disclosed as soon as departments are increasingly keen to commoditised,” he explains. “For continue to outsource David Prince, IT security director, mation Commissioner’s Office (ICO) ty to their accounts. Like Schillings, beloved of white-collar outfits possible. Trying to hide such an employ enhanced e-disclosure tech- example, collecting someone’s en- believes lawyers have a real incen- also has an interest in investigating Jackson Canter has embraced the trying on a macho image. incident from clients or regula- niques as preventative medicine in tire mailbox to get that into a review tive to take threats of data breaches allegations of improper use of per- concept of penetration testing and is But in the case of law firm tors makes things far worse. the compliance arena. platform – that process is so com- seriously. Of course clients need to sonal material through the Data hiring what the IT world calls an ethi- Schillings, the team emerged And don’t even think about For example, applications have moditised there is no value-added Source: UNIFIED - Consolidated project statistics 2014 trust them with sensitive informa- Protection Act. cal hacker to try out its cyber defences. when it expanded its remit into shifting the responsibility on recently come to market that provide element for a law firm to do it.” tion. But the nature of their rela- As Mr Prince sees it: “If regulat- Encryption is not a magic solu- risk and IT consulting under to some hapless geek in the lawyers working in various jurisdic - Mishcon is building a system in tionships with corporate clients may ed data gets leaked, the law firm tion, however. Debbie Mactaggart, the alternative business struc- IT department. ” One of the tions with a searchable analysis of which a third party will manage the prompt hostile interests to seek out involved is under the spotlight and senior employment solicitor at York- tures (ABS) regime. ABS firms common errors a company local competition, compliance, data IT infrastructure and review platform. law firms in search of key files re- may face penalties and audits from shire law firm Bhayani Bracewell, can employ non-lawyers. So makes in this situation is to protection regulations and privacy The firm’s lawyers and in-house tech- Law firms work on unu s ual u s e of word s or p hr a s e s in t he Total’s Mr Young bluntly. “Law firms lating to mergers or joint ventures. the SRA or the ICO. But the impact recalls that when encryption was this team has niche expertise try and pass the blame on laws, all at the pressing of an icon on nology team will then supervise “val- normal course of trading. These pro- work on a structure which is at odds “Law firms can be seen as a weak link on reputation is the biggest threat first adopted for communication be- their smartphones. ue-added operations”, such as man- a structure which grammes can also overlay sentiment with that of business – lawyers are between different corporate targets here. People will remember that tween lawyers it created a problem. But t he evolution t hat w ill have a p- o agement of document reviews and a naly sis a nd mea s ure s t re s s in voic e s rewarded based on effort, while in – they hold a wealth of commercially this is a firm that cannot ensure “My last firm recommended en- This team has niche expertise tentially seismic impact on law firms actual disclosure processes. is at odds with that of or even in written text. business we focus on results.” valuable information,” he says. client confidentiality.” cryption of all e-mail correspond- in digital forensics and acts is the increasing use by corporate “Technology now allows us to find business – lawyers are “Essentially, the system looks for Mr Young and other general coun- ence. That became impossible to clients of outsourced providers to as- key documents quickly and at a much anything unusual – patterns of be- sel are adamant that law firms will DEFEND YOUR GOOD NAME sis t w it h t he new te chnolo g y. In - hou s e lower cost to clients,” says Mr Legge. rewarded based on haviour or stress between a set of have to move with the times. “There Law firms can be seen as manage because the clients, our to minimise the fallout from He argues that, while it is impos- opponents and many of the courts general counsel continue to face tight “We don’t have to review all the doc- effort, while in business traders. When the system identifies needs to be an element of risk- a weak link – they hold a sible to guarantee a defence against could not make the encryption work a data breach budgets and as a result are looking to uments potentially relating to a piece that, it sends up a red flag so the com- sharing,” he says. “Some law firms every cyber threat, a law firm has to for their systems so often the e-mails more cost- ef fective providers of more of litigation. We can quickly discount we focus on results pliance team measure that behaviour have seen the writing on the wall and wealth of commercially be able to demonstrate it has taken did not get to the recipients, which in the form of experts in digital to someone else. Doing that commoditised tasks. large swathes of them because the – those potentially unusual words and understand they have to evolve in the possibility of a breach seriously. created real difficulties,” she says. forensics and acts to minimise just amplifies your incompe- If outsourced provision is used cor- te chnolo g y allow s u s to s ay t he cha nc- phrases – against a timeline to see if today’s environment, which is very cost valuable information “You don’t want the media to say This has led Ms Mactaggart and the fallout from a data breach. tence,” he says. rectly, the expected savings are very e s of findin g s omet hin g releva nt in this rate (LIBOR) as an illustration, Mr the behaviour coincided with instanc- conscious, competitive and demanding.” that a breach could have been pre- her colleagues to revert to faxing or David Prince, IT security direc- Schillings makes a big play significant, says Lee Young, senior specific group are very low.” Mankoo advises that bank in-house e s of unu s ual t r a d e s or ot her a ctiv it y.” Mr Prince regards the loss of in- vented,” he says. With a strong pres- posting documents. Whether or not tor at the law firm, explains out of the value of reputation. counsel at the Paris head office of Paul Mankoo, chief executive of one of legal departments should use tech- How will greater use of outsourced formation that is covered by regu- ence in media law, Schillings is very she encrypts e-mailed files depends that hitting back after a breach Its website talks of building French oil and gas company Total. “It that new breed of outsourced legal pro- nology more effectively. “The idea is technology affect the traditional struc- lations as a potential risk neglected aware of the cost of bad publicity. on the client and the nature of the job. calls for cross-disciplinary ac- reputation resilience and is important that outsourcing compa- cess providers, London-based Unified, is to p ut in pla c e a s y s tem t hat c on s t a- nt ture of law fir ms? His torically, junior -a s by many lawyers. Hence his concern Kevin Poulter, legal director at Not all her clients want to deal with tion. “It’s about minimising the promises to deliver a “robust nies have legal understanding and a keen proponent of using technology ly monitor s in real time all t he dif ferent s o ciate s cut t heir p rofe s sional te et h on about fraudulent e-mails posing as Westminster-based law firm Bir- encryption so on occasions she bows damage. We can deal with the response” when a client finds training,” he says. “The good ones as a means of preventing both litiga- communications channels,” he says. t he t y p e of wor k now likely to b e fa r me d legitimate requests for information, cham Dyson Bell, views mobile to their taste and rejects digital tech- technology side, but a client their reputation under attack. do have lawyers, but the difference tion and regulatory investigations. “Ideally, this should be a pro - out to more efficient providers. known as phishing attacks. He says working and cloud storage with sus- nology in favour of the old-fashioned will also need help in making a Call for the Swat squad. is they are not working to the same Pointing to the recent scandal gramme that spots cer tain words and “The traditional structures are it is simply not enough for a law firm picion. “Employees of law firms have fax machine or the postman. public statement.” business model as law firms. around the London interbank offered uses algorithms, which will flag up the outdated and need to change,” says LEGAL EFFICIENCY 2015 1 RACONTEUR.NET LEGAL EFFICIENCY ONLINE: 1 RACONTEUR.NET 19/02/15 i /COMPANY/RACONTEUR-MEDIA WWW.RACONTEUR.NET/LEGAL-EFFICIENCY-2015 i /COMPANY/RACONTEUR-MEDIA LEGAL EFFICIENCY 1 RACONTEUR.NET P06 EDITION #0299 f /RACONTEUR.NET f /RACONTEUR.NET 19/02/2015 i /COMPANY/RACONTEUR-MEDIAP07 t @RACONTEUR P06 t @RACONTEUR EDITION #0299 f /RACONTEURMEDIA t @RACONTEUR

Digital Privacy Damage Limitation CommercialCommercial FeatureFeature

Given the high profile of this in- Gone are the days when large com- “Jobs traditionally done by law firms, quest a secure data system has been mercial lawsuits were preceded by such as document review and data OUTSOURCING set up for the participating law firms. 73% an investigation involving dozens of discovery, are now being undertaken HOW SAFE ARE CLIENTS’ This embodies a level of security paralegals and junior lawyers clois- more by external companies. And the savings above Jackson Canter’s procedure tered in a basement sifting through cost efficiencies are enormous.” redefines what is possible FILES FROM HACKERS? for sensitive documents, whereby swathes of documents. Total’s legal department is in the staff can only access files from lo- Modern e-disclosure packages can process of introducing greater use of with a swifter, more cost- On average outsourcing saves cations beyond their office via the WHEN REPUTATIONS now blitz millions of e-mails and other technology into the company’s daily 73% of the cost when compared Client confidentiality is a cornerstone of the law, but does firm’s own firewall. “When you deal digitally held files in a fraction of the transactional work and in relation to effective and more positive with sensitive cases you must ensure time for merly re quire d. A nd that s p e e d instructions for external lawyers. “We to traditional methods an era of digital leaks and data breaches threaten privacy? the best protection with encryption ARE AT RISK, CALL has been enhanced by recent moves are envisaging at least a 40 per cent outcome as an added layer of security,” says away from simplistic foraging for key- saving on work that we would other- Michael Dempsey reports chief executive Andrew Holroyd. words to more analytical processes wise have our external lawyers under- IN THE SWAT TEAM using ontological search engines. taking,” says Mr Young. Indeed, the ability to look at more That is a big number. And some law than keywords is becoming crucial, es- firms are getting the message, with chillings is a law firm that to have rules about data-handling. Technology It’s an unusual service to be offered by a law firm, pecially in the international context of the result being they are beginning Smade its name with ag- These principles must be evaluated Outlook cross-border litigation. Words can have to work with outsourcers to provide a gressive actions in defence by regular exercises in which the but the creation of a Data Breach Swat Team is 81% 52% the same spelling but entirely different team-based service to clients. of its clients’ reputations. Today the firm’s own IT security specialists at- Page 10 a sign of the times, writes Michael Dempsey meanings in various languages. Having “It is no longer in anyone’s interest 31-year-old business has expanded tempt to hack systems and lure staff technology that understands that issue to s p end £ 3,0 0 0 t r yin g to find ju s t one continue to faster into offering advice on the wider into data breaches via phishing. – “that thinks as a person thinks”, as document,” says Richard Legge, the subject of risk and data security. And The Solicitors Regulation Au- The firm offers all clients the op- one lawyer puts it – is highly valuable. e-disclosure manager at London law outsource Outsourcing achieves tasks the firm has a very clear sense that thority (SRA) is the obvious source tion of e-mail encryption software in The term “Swat”, taken from Mr Prince insists that any But t he te chnolo g y is not ju s t u s ef ul firm Mishcon de Reya. in half the time protecting the client information it of rules governing how a law firm much the same way as online banks US police Special Weapons breach of client information once litigation is afoot. In-house legal “The processing of data is highly Once tried over 81% of clients holds is critical for its own reputation. should protect data. But the Infor- attach optional extra levels of securi- and Tactics teams, is perhaps must be disclosed as soon as departments are increasingly keen to commoditised,” he explains. “For continue to outsource David Prince, IT security director, mation Commissioner’s Office (ICO) ty to their accounts. Like Schillings, beloved of white-collar outfits possible. Trying to hide such an employ enhanced e-disclosure tech- example, collecting someone’s en- believes lawyers have a real incen- also has an interest in investigating Jackson Canter has embraced the trying on a macho image. incident from clients or regula- niques as preventative medicine in tire mailbox to get that into a review tive to take threats of data breaches allegations of improper use of per- concept of penetration testing and is But in the case of law firm tors makes things far worse. the compliance arena. platform – that process is so com- seriously. Of course clients need to sonal material through the Data hiring what the IT world calls an ethi- Schillings, the team emerged And don’t even think about For example, applications have moditised there is no value-added Source: UNIFIED - Consolidated project statistics 2014 trust them with sensitive informa- Protection Act. cal hacker to try out its cyber defences. when it expanded its remit into shifting the responsibility on recently come to market that provide element for a law firm to do it.” tion. But the nature of their rela- As Mr Prince sees it: “If regulat- Encryption is not a magic solu- risk and IT consulting under to some hapless geek in the lawyers working in various jurisdic - Mishcon is building a system in tionships with corporate clients may ed data gets leaked, the law firm tion, however. Debbie Mactaggart, the alternative business struc- IT department. ” One of the tions with a searchable analysis of which a third party will manage the prompt hostile interests to seek out involved is under the spotlight and senior employment solicitor at York- tures (ABS) regime. ABS firms common errors a company local competition, compliance, data IT infrastructure and review platform. law firms in search of key files re- may face penalties and audits from shire law firm Bhayani Bracewell, can employ non-lawyers. So makes in this situation is to protection regulations and privacy The firm’s lawyers and in-house tech- Law firms work on unu s ual u s e of word s or p hr a s e s in t he Total’s Mr Young bluntly. “Law firms lating to mergers or joint ventures. the SRA or the ICO. But the impact recalls that when encryption was this team has niche expertise try and pass the blame on laws, all at the pressing of an icon on nology team will then supervise “val- normal course of trading. These pro- work on a structure which is at odds “Law firms can be seen as a weak link on reputation is the biggest threat first adopted for communication be- their smartphones. ue-added operations”, such as man- a structure which grammes can also overlay sentiment with that of business – lawyers are between different corporate targets here. People will remember that tween lawyers it created a problem. But t he evolution t hat w ill have a p- o agement of document reviews and a naly sis a nd mea s ure s t re s s in voic e s rewarded based on effort, while in – they hold a wealth of commercially this is a firm that cannot ensure “My last firm recommended en- This team has niche expertise tentially seismic impact on law firms actual disclosure processes. is at odds with that of or even in written text. business we focus on results.” valuable information,” he says. client confidentiality.” cryption of all e-mail correspond- in digital forensics and acts is the increasing use by corporate “Technology now allows us to find business – lawyers are “Essentially, the system looks for Mr Young and other general coun- ence. That became impossible to clients of outsourced providers to as- key documents quickly and at a much anything unusual – patterns of be- sel are adamant that law firms will DEFEND YOUR GOOD NAME sis t w it h t he new te chnolo g y. In - hou s e lower cost to clients,” says Mr Legge. rewarded based on haviour or stress between a set of have to move with the times. “There Law firms can be seen as manage because the clients, our to minimise the fallout from He argues that, while it is impos- opponents and many of the courts general counsel continue to face tight “We don’t have to review all the doc- effort, while in business traders. When the system identifies needs to be an element of risk- a weak link – they hold a sible to guarantee a defence against could not make the encryption work a data breach budgets and as a result are looking to uments potentially relating to a piece that, it sends up a red flag so the com- sharing,” he says. “Some law firms every cyber threat, a law firm has to for their systems so often the e-mails more cost- ef fective providers of more of litigation. We can quickly discount we focus on results pliance team measure that behaviour have seen the writing on the wall and wealth of commercially be able to demonstrate it has taken did not get to the recipients, which in the form of experts in digital to someone else. Doing that commoditised tasks. large swathes of them because the – those potentially unusual words and understand they have to evolve in the possibility of a breach seriously. created real difficulties,” she says. forensics and acts to minimise just amplifies your incompe- If outsourced provision is used cor- te chnolo g y allow s u s to s ay t he cha nc- phrases – against a timeline to see if today’s environment, which is very cost valuable information “You don’t want the media to say This has led Ms Mactaggart and the fallout from a data breach. tence,” he says. rectly, the expected savings are very e s of findin g s omet hin g releva nt in this rate (LIBOR) as an illustration, Mr the behaviour coincided with instanc- conscious, competitive and demanding.” that a breach could have been pre- her colleagues to revert to faxing or David Prince, IT security direc- Schillings makes a big play significant, says Lee Young, senior specific group are very low.” Mankoo advises that bank in-house e s of unu s ual t r a d e s or ot her a ctiv it y.” Mr Prince regards the loss of in- vented,” he says. With a strong pres- posting documents. Whether or not tor at the law firm, explains out of the value of reputation. counsel at the Paris head office of Paul Mankoo, chief executive of one of legal departments should use tech- How will greater use of outsourced formation that is covered by regu- ence in media law, Schillings is very she encrypts e-mailed files depends that hitting back after a breach Its website talks of building French oil and gas company Total. “It that new breed of outsourced legal pro- nology more effectively. “The idea is technology affect the traditional struc- lations as a potential risk neglected aware of the cost of bad publicity. on the client and the nature of the job. calls for cross-disciplinary ac- reputation resilience and is important that outsourcing compa- cess providers, London-based Unified, is to p ut in pla c e a s y s tem t hat c on s t a- nt ture of law fir ms? His torically, junior -a s by many lawyers. Hence his concern Kevin Poulter, legal director at Not all her clients want to deal with tion. “It’s about minimising the promises to deliver a “robust nies have legal understanding and a keen proponent of using technology ly monitor s in real time all t he dif ferent s o ciate s cut t heir p rofe s sional te et h on about fraudulent e-mails posing as Westminster-based law firm Bir- encryption so on occasions she bows damage. We can deal with the response” when a client finds training,” he says. “The good ones as a means of preventing both litiga- communications channels,” he says. t he t y p e of wor k now likely to b e fa r me d legitimate requests for information, cham Dyson Bell, views mobile to their taste and rejects digital tech- technology side, but a client their reputation under attack. do have lawyers, but the difference tion and regulatory investigations. “Ideally, this should be a pro - out to more efficient providers. known as phishing attacks. He says working and cloud storage with sus- nology in favour of the old-fashioned will also need help in making a Call for the Swat squad. is they are not working to the same Pointing to the recent scandal gramme that spots cer tain words and “The traditional structures are it is simply not enough for a law firm picion. “Employees of law firms have fax machine or the postman. public statement.” business model as law firms. around the London interbank offered uses algorithms, which will flag up the outdated and need to change,” says LEGAL EFFICIENCY 1 RACONTEUR.NET LEGAL EFFICIENCY 1 RACONTEUR.NET LEGAL EFFICIENCY 1 RACONTEUR.NET LEGAL EFFICIENCY ONLINE: 1 RACONTEUR.NET 19/02/15 i /COMPANY/RACONTEUR-MEDIA 19/02/15 i /COMPANY/RACONTEUR-MEDIA 19/02/15 i /COMPANY/RACONTEUR-MEDIA WWW.RACONTEUR.NET/LEGAL-EFFICIENCY-2015 i /COMPANY/RACONTEUR-MEDIA EDITION #0299 f /RACONTEURMEDIA EDITION #0299 f /RACONTEURMEDIA P08P08 EDITION #0299 f /RACONTEUR.NET f /RACONTEUR.NET P09P09 t @RACONTEUR t @RACONTEUR t @RACONTEUR t @RACONTEUR

CommercialCommercial FeatureFeature Modernising the courts MODERNISATION IN LAND OF LAKES hensive search capability based on configurable data entry options. Tools were added over the years, including a public version Court systems around the world are under unprecedented pressure that provides electronic access to appropriate case information for users outside the court, case listing to cut costs, and tackle age-old challenges of delay, inefficiency At 5.4 million souls, Minnesota is notifications, and e-notification, about two thirds the size of Lon- which provides electronic copies and ineffective cases don and the 21st most populated of court-generated documents to US state. counsel, lower courts and others. That position of being relatively in Minnesota’s experience has the middle of America’s population illustrated how a modern case man- league table makes it an ideal yard- agement system can allow courts to stick for measuring the effective- process cases online. It is also seen C-Track, a system designed by laptop on the bench or in chambers.” ness of court modernisation. Twelve as bringing quantitative and quali- Thomson Reuters, has for more than At the Montana state supreme years ago, the state jumped to the tative value by implementing more ten years been a huge success at court, where the system was imple- forefront of court case manage- effective and efficient processes, helping tackle challenges in a range mented in 2002, records show that ment technology. better access to accurate case in- of courts across the United States. during its first 12 months, C-Track The authorities implemented formation for the bench, advocates, C-Track is a user-friendly case man- was responsible for an 11 per cent an early version of Thomson Reu- the media and the public. agement solution that has been reduction in cases carried forward to ters’ C-Track system, which state In addition, there are the benefits specifically designed to capture, the next year. Supreme Court Chief Justice Eric of enhanced productivity and job track, process and report on court Magnuson described as creating satisfaction for court staff through information, allowing more efficient a leapfrog advance of “more than using a system that is easier to handling and processing of data. Many a century”. learn and operate. Jim Lea s on, c our t ma na gement s olu- The process kicked off with According to former Minnesota tions programme manager at Thomson existing functionality in the clerk’s offices at Supreme Court Commissioner Reuter s , ex plain s t hat C -Tr a ck is div id e d the state’s appeal court. Sched- Richard Slowes: “A well-designed into three modules. The first deals with court tech- uling and opinion processing for case management system will back-office case management issues, nology ystems have that court and the supreme court deliver… more efficient data entry, such as scheduling, listings and other were targeted, as was reporting more effective data retrieval, general document management, while been around for 15- functionality with statistical and better tools, and enhanced bar the other two provide e-filing and public plus years and need detailed case data, and compre- and public access.” access capabilities. These front-end modules allow for updating the depositing of documents into the court system, with C-Track capable of managing the passage of cases through all courts and tiers in the sys- Announcing the UK Courts mod- tem, not ju s t t ho s e d evote d to c ommer- ernisation programme in London last C-TRACK IS A TAILORED SOLUTION C-TRACK cial hearings or those for hearing trials. year, Justice Minister Mike Penning WHICH CURRENTLY SUPPORTS... They also provide live public access to warmed the hearts of tech-savvy lit- case listings and other non-confiden- igation lawyers by stating the govern- HIGHLY CONFIGURABLE OPEN tial case information facilitating a more ment was “committed to ending the C-Track can be configured to meet C-Track can be integrated with al- transparent process. courts’ outdated reliance on paper”. your court’s needs, and is easily most any court application from an “Many existing court technology Andrew Pena, a commercial litiga- adaptable to unique rules and existing case management system, sy s tem s have b e en a round for 15 - plu s tor and managing partner at London processes. C-Track also includes to a solicitor’s registration system, years and need updating,” says Mr solicitors’ firm Cubism Law, is among a tool that allows rule changes to to an accounting or document Lea s on. “T here have b e en s ever al p ro- specialists who will be looking forward be made quickly and easily without management system. grammes announced in recent years to improvement. “Our court system technical support. to deliver ‘digital by default’ justice; a prides itself on being one of the most COMPREHENSIVE current aim of the Ministry of Justice robust, fairest and attractive to inter- 3m cases CLOUD-ENABLED C-Track provides comprehensive and the Scottish government. As the national litigants, so we need to think The system resides on a server, case processing functions from Unified Patent Court, a European in- through how as much of the process giving you access right from your case initiation through disposition C-TRACK SUITE OF PRODUCTS itiative, comes into existence, it will can be done online and virtually, with web browser, meaning there’s no and archiving. It also allows for be implementing court technologies less paperwork,” he says. software to install. extensive searching and real-time from the start. Our C-Track product That’s all well and good for those interactive reporting. C-TRACK CASE MANAGEMENT tion and can be easily integrated suite can deliver an efficient and uni- lawyers and judges at home with tech- SCALABLE SYSTEM (CMS) into the court’s environment or fied system for the courts.” nology, but are there others in the le- C-Track is a tailored, adaptable and INTUITIVE C-Track Case Management Sys- installed as a hosted solution. Minnesota’s state supreme court gal profession standing in the way of scalable solution, which currently Prior to installation, the entire system manages information about implemente d t he s y s tem nea r ly a d oz- modernisation? supports three million cases, 20.6 tem can be reviewed and tailored cases, filings, parties, calendars C-TRACK PUBLIC ACCESS en years ago and in 2008 Chief Jus- “There’s an element of that,” Mr million filings and 14,500 users. to meet the specific needs of your and opinion processing, allowing C-Track Public Access is a highly tice Eric Magnuson said, in his state Pena c onc e d e s . “But in t he pa s t t here 20.6m filings court. The system allows intuitive courts to track their performance configurable application that of the judiciary address, that C-Track have been issues around the quality MODULARISED document generation, event and maximise efficiency. Powerful allows the general public to search had made a big impact. of t he te chnolo g y a nd ea s e of a c c e s s . Use all of C-Track or only the modules recording in real time and custom listing functionality adapts to both for non-confidential cases using “Minnesota’s information systems The key is simplicity – the ease of use that align with your strategic needs. alerting. appellate courts and high-volume simple search criteria such as have leapfrogged more than a centu- of the system. If it is easy to use, then trial court environments. case number, solicitor or party. ry,” he said, “from a time where phys- people will embrace it.” UNIFIED SYSTEMS RELIABLE ical pieces of paper were hand-deliv- C-Track works across jurisdictions - C-Track has a proven performance C-TRACK E-FILING ered from place to place, to a time crime, civil and family - and all tiers of record over more than ten years in C-Track E-Filing allows parties to when case records are updated in court - trial end appellate - enabling a variety of courts and significantly electronically file documents, court in real time; case histories are a unified justice system for users to reduces risk compared with a enabling greater efficiency and re- available online in a second or two; work in. ground-up built system. duced costs in case preparation. and one can toggle back and forth 14.500 users It is offered as a standalone solu- between multiple documents from a LEGAL EFFICIENCY 1 RACONTEUR.NET LEGAL EFFICIENCY 1 RACONTEUR.NET LEGAL EFFICIENCY 1 RACONTEUR.NET LEGAL EFFICIENCY ONLINE: 1 RACONTEUR.NET 19/02/15 i /COMPANY/RACONTEUR-MEDIA 19/02/15 i /COMPANY/RACONTEUR-MEDIA 19/02/15 i /COMPANY/RACONTEUR-MEDIA WWW.RACONTEUR.NET/LEGAL-EFFICIENCY-2015 i /COMPANY/RACONTEUR-MEDIA EDITION #0299 f /RACONTEURMEDIA EDITION #0299 f /RACONTEURMEDIA P08P08 EDITION #0299 f /RACONTEUR.NET f /RACONTEUR.NET P09P09 t @RACONTEUR t @RACONTEUR t @RACONTEUR t @RACONTEUR

CommercialCommercial FeatureFeature Modernising the courts MODERNISATION IN LAND OF LAKES hensive search capability based on configurable data entry options. Tools were added over the years, including a public version Court systems around the world are under unprecedented pressure that provides electronic access to appropriate case information for users outside the court, case listing to cut costs, and tackle age-old challenges of delay, inefficiency At 5.4 million souls, Minnesota is notifications, and e-notification, about two thirds the size of Lon- which provides electronic copies and ineffective cases don and the 21st most populated of court-generated documents to US state. counsel, lower courts and others. That position of being relatively in Minnesota’s experience has the middle of America’s population illustrated how a modern case man- league table makes it an ideal yard- agement system can allow courts to stick for measuring the effective- process cases online. It is also seen C-Track, a system designed by laptop on the bench or in chambers.” ness of court modernisation. Twelve as bringing quantitative and quali- Thomson Reuters, has for more than At the Montana state supreme years ago, the state jumped to the tative value by implementing more ten years been a huge success at court, where the system was imple- forefront of court case manage- effective and efficient processes, helping tackle challenges in a range mented in 2002, records show that ment technology. better access to accurate case in- of courts across the United States. during its first 12 months, C-Track The authorities implemented formation for the bench, advocates, C-Track is a user-friendly case man- was responsible for an 11 per cent an early version of Thomson Reu- the media and the public. agement solution that has been reduction in cases carried forward to ters’ C-Track system, which state In addition, there are the benefits specifically designed to capture, the next year. Supreme Court Chief Justice Eric of enhanced productivity and job track, process and report on court Magnuson described as creating satisfaction for court staff through information, allowing more efficient a leapfrog advance of “more than using a system that is easier to handling and processing of data. Many a century”. learn and operate. Jim Lea s on, c our t ma na gement s olu- The process kicked off with According to former Minnesota tions programme manager at Thomson existing functionality in the clerk’s offices at Supreme Court Commissioner Reuter s , ex plain s t hat C -Tr a ck is div id e d the state’s appeal court. Sched- Richard Slowes: “A well-designed into three modules. The first deals with court tech- uling and opinion processing for case management system will back-office case management issues, nology ystems have that court and the supreme court deliver… more efficient data entry, such as scheduling, listings and other were targeted, as was reporting more effective data retrieval, general document management, while been around for 15- functionality with statistical and better tools, and enhanced bar the other two provide e-filing and public plus years and need detailed case data, and compre- and public access.” access capabilities. These front-end modules allow for updating the depositing of documents into the court system, with C-Track capable of managing the passage of cases through all courts and tiers in the sys- Announcing the UK Courts mod- tem, not ju s t t ho s e d evote d to c ommer- ernisation programme in London last C-TRACK IS A TAILORED SOLUTION C-TRACK cial hearings or those for hearing trials. year, Justice Minister Mike Penning WHICH CURRENTLY SUPPORTS... They also provide live public access to warmed the hearts of tech-savvy lit- case listings and other non-confiden- igation lawyers by stating the govern- HIGHLY CONFIGURABLE OPEN tial case information facilitating a more ment was “committed to ending the C-Track can be configured to meet C-Track can be integrated with al- transparent process. courts’ outdated reliance on paper”. your court’s needs, and is easily most any court application from an “Many existing court technology Andrew Pena, a commercial litiga- adaptable to unique rules and existing case management system, sy s tem s have b e en a round for 15 - plu s tor and managing partner at London processes. C-Track also includes to a solicitor’s registration system, years and need updating,” says Mr solicitors’ firm Cubism Law, is among a tool that allows rule changes to to an accounting or document Lea s on. “T here have b e en s ever al p ro- specialists who will be looking forward be made quickly and easily without management system. grammes announced in recent years to improvement. “Our court system technical support. to deliver ‘digital by default’ justice; a prides itself on being one of the most COMPREHENSIVE current aim of the Ministry of Justice robust, fairest and attractive to inter- 3m cases CLOUD-ENABLED C-Track provides comprehensive and the Scottish government. As the national litigants, so we need to think The system resides on a server, case processing functions from Unified Patent Court, a European in- through how as much of the process giving you access right from your case initiation through disposition C-TRACK SUITE OF PRODUCTS itiative, comes into existence, it will can be done online and virtually, with web browser, meaning there’s no and archiving. It also allows for be implementing court technologies less paperwork,” he says. software to install. extensive searching and real-time from the start. Our C-Track product That’s all well and good for those interactive reporting. C-TRACK CASE MANAGEMENT tion and can be easily integrated suite can deliver an efficient and uni- lawyers and judges at home with tech- SCALABLE SYSTEM (CMS) into the court’s environment or fied system for the courts.” nology, but are there others in the le- C-Track is a tailored, adaptable and INTUITIVE C-Track Case Management Sys- installed as a hosted solution. Minnesota’s state supreme court gal profession standing in the way of scalable solution, which currently Prior to installation, the entire system manages information about implemente d t he s y s tem nea r ly a d oz- modernisation? supports three million cases, 20.6 tem can be reviewed and tailored cases, filings, parties, calendars C-TRACK PUBLIC ACCESS en years ago and in 2008 Chief Jus- “There’s an element of that,” Mr million filings and 14,500 users. to meet the specific needs of your and opinion processing, allowing C-Track Public Access is a highly tice Eric Magnuson said, in his state Pena c onc e d e s . “But in t he pa s t t here 20.6m filings court. The system allows intuitive courts to track their performance configurable application that of the judiciary address, that C-Track have been issues around the quality MODULARISED document generation, event and maximise efficiency. Powerful allows the general public to search had made a big impact. of t he te chnolo g y a nd ea s e of a c c e s s . Use all of C-Track or only the modules recording in real time and custom listing functionality adapts to both for non-confidential cases using “Minnesota’s information systems The key is simplicity – the ease of use that align with your strategic needs. alerting. appellate courts and high-volume simple search criteria such as have leapfrogged more than a centu- of the system. If it is easy to use, then trial court environments. case number, solicitor or party. ry,” he said, “from a time where phys- people will embrace it.” UNIFIED SYSTEMS RELIABLE ical pieces of paper were hand-deliv- C-Track works across jurisdictions - C-Track has a proven performance C-TRACK E-FILING ered from place to place, to a time crime, civil and family - and all tiers of record over more than ten years in C-Track E-Filing allows parties to when case records are updated in court - trial end appellate - enabling a variety of courts and significantly electronically file documents, court in real time; case histories are a unified justice system for users to reduces risk compared with a enabling greater efficiency and re- available online in a second or two; work in. ground-up built system. duced costs in case preparation. and one can toggle back and forth 14.500 users It is offered as a standalone solu- between multiple documents from a LEGAL EFFICIENCY 2015 1 RACONTEUR.NET LEGAL EFFICIENCY ONLINE: 1 RACONTEUR.NET 19/02/15 i /COMPANY/RACONTEUR-MEDIA WWW.RACONTEUR.NET/LEGAL-EFFICIENCY-2015 i /COMPANY/RACONTEUR-MEDIA P10 EDITION #0299 f /RACONTEUR.NET f /RACONTEUR.NET P11 t @RACONTEUR t @RACONTEUR

Mobile

en and web-browsing for research. of bespoke legal profession appli- That information then automati- cations. They maintain that ar- cally generates data for the billing guments around the advantages system time recorder. of lawyer mobility should not be What is the biggest change 35.3% What are your top And lawyers are using other mo- over-egged. HAVE TECH… LEGAL we'll see over the next technology initiatives? bile software tools, according to le- “Private practice lawyers are be- gal profession technology guru and coming a bit more mobile; in-house decade as a result of author of Tomorrow’s Naked Law- lawyers considerably more, depend- technology advancements Network security yer: NewTech, NewHuman, New- ing on the sector,” says Mark Watts, TECHNOLOGY and firewall protection Law, Chrissie Lightfoot. “Many use a technology partner at City law WILL TRAVEL for the legal industry? voice-activated digital assistants, firm Bristows. He claims that ap- such as Siri, Google Now and Cor- plications pitched at legal practices tana, on their smartphones to an- focus on relatively basic tasks, such swer queries, send messages, make as time-recording. Hardware upgrades (mobile The legal profession is largely tween work and personal mobility. OUTLOOK calls, and schedule meetings and 15.8% 19.3% phones, laptops or tablets) SMALL SCREEN adopting mobile technology, But increased mobility raises reminders,” she says. serious concerns over client confi- “Proliferation of apps in the le- but problems remain for dentiality and the spectre of cyber Key gal sector isn’t that great because lawyers on the move, as security. Any organisation working Do you think cloud-based products Remote work technologies of the job lawyers do,” Mr Watts with large amounts of confidential Outsourcing says. “When it comes to things, Law library (video conferencing, Jonathan Ames discovers data will need to consider data se- will surpass installed solutions the Law such as drafting documents and replaced by e-books cloud collaboration) curity very carefully before imple- in the legal industry? Page 14 marking them up, it’s quite hard menting social technologies and Cloud-based applications to do that on a mobile. You can get aw firms are moving to- BYOD more broadly. as the primary application away with it at a push on a tablet, wards the “Martini” option Indeed, drafting a BYOD policy 1.1% 15.4% 2.5% 19.8% 9.8% Greater investment in depending on the type of docu- L specialised applications of working – anytime, any should be at the top of every law Yes Yes, in No, never Paperless offices Most cloud-based practice man- ments being reviewed. But trying place, anywhere. firm management committee agen- the next as the new normal designed for legal agement systems allow lawyers to to do anything meaningful in terms So says Andrew Neill, global pro- da, says Kenneth Mullen, a technol- 3 years plug in on the move from multiple of legal work on something as small gramme manager at London law ogy partner at Withers. He sets out Virtual offices and remote devices. “Clio is proving particular- as that is difficult. So there is a firm Withers, who notes there have core watchwords as compatibility, ly popular, as is the Peppermint App natural disincentive to developing employees as the new normal BYOD policies/ been big changes in the legal pro- security and responsibility. Shop,” says Ms Lightfoot. apps in this field.” fession’s attitude to mobile over the That translates into law firms tak- Increased legal portable-device security Driving demand is an ever-ris- However, he does not rule out last decade or so. ing control over the type of devices process outsourcing ing tide of information. As Ash- continued development of legal

“Whereas, previously, law firms lawyers use; ensuring individual Source: eFax Corporate 2014 Source: eFax Corporate 2014 ley Hurst, a technology partner at profession niche apps designed to would give their lawyers BlackBerry lawyers do not download data on London solicitors’ firm Olswang, manage practical aspects of prac- phones and laptops, and secure the to a device locally – in other words, explains: “Lawyers are overloaded tice, for instance, staying in contact perimeter of their practices with data must be encrypted centrally Smartphone use Which of the following do with e-mails, many of which would with clients. Nonetheless, in com- firewalls to protect the data that before being downloaded; and dic- have a better home on a searchable, mon with others, Mr Watts returns was inside the office, now there is a tating that lawyers must not share by lawyers in 2014 you believe is the single mobile-friendly platform that can be to security issues. lot more focus on lawyers not being devices with family and friends. tailored to the individual user. Tech- “The thing that potentially kills iPhone most valuable benefit in the office. 60% nology exists for law firms to have a lawyer mobility,” he says, “is the “And importantly, they are not on of cloud services for the document repository, extranet, wiki still significant client confidentiali- Increased 34.1% a single uniform device – they are on Android 22% legal profession? and knowledge-sharing portal all ty concern. Whether those concerns an iPhone or iPad, or any number of mobility Yes, but it will within one platform, and available on are real or imaginary is another devices,” he says. take more any device anywhere in the world.” question. In my view, the cloud is than 5 years Windows 2% Mobility or freedom Predictable costs “There are still some technopho- raises serious of access or budgeting But some specialist lawyers re- more secure than the infrastructure bic lawyers – those who insist on concerns over client main sceptical about the advances at most law firms.” Other Disaster recovery/ Marketing value/ e-mails being printed and stacked 1% data back-up client perception on their desks in the morning – but confidentiality and the Easy to use Other they are far fewer than they were spectre of cyber security 8.2% None 9% even five years ago.” 38.7% It investment savings Easy to implement Back in the dark ages of technol- Yes, in the Will be ONLINE FOR LAWYERS AND CLIENTS the same Paperless Scalability ogy evolution, the UK legal profes- “Lawyers must not be allowed to next 3-5 years BlackBerry 6% sion was almost totally unified in plug in any old device to a law firm’s its mobile device of choice: Black- system,” says Mr Mullen. “Devices Tech advances are not solely and £2,000, but that often leads to Berry ruled the landscape. Lawyers need to be compatible with a firm’s Source: LexisNexis 2014 Source: ABA 2014 focused on law firm’s internal sys- larger instructions of up to £10,000. are still doing their best to prop up software for ease of integration. tems – there are new client-facing Co-founder Daniel van Binsber- the financially challenged Canadi- Also, management needs to know 4.3% products aimed at businesses gen says: “Clients describe their an company, but not in the num- exactly what people are using, not BYOD in legal and and individuals instructions and we approach four What technology advances 45.2% bers and with the enthusiasm of a least because there is a support is- law firms we feel are a good fit for professional services sector BIDDING IN HIGH STREET have had the biggest impact that work, and we ask those lawyers decade ago. sue. If the IT team has to deal with 9:04 AM 83% That is by no means the result of multiple devices, including some on your practice/department Do you use your own mobile device or Launched last November, Legal- to provide a quote. We also give a declining interest in mobility as the sort of obscure Chinese-make of tablet for work? Proposals.com aims to reduce steer on the range of standard fees subject is increasingly on the agen- phone, it is difficult for them to be over the past 5 years? any intimidation ordinary people for that type of work.” da for the legal profession. It’s just adequately resourced.” may feel when searching for a KEEPING CLIENTS POSTED that lawyers, in common with other Increasingly, lawyers may be Virtual office technologies 45.3% 38.7% 34.1% 32.2% 28.4% YES NO 2.5% law firm. Director Mark Needham professions, are finding iPhones and bringing their own devices to work, explains: “Clients answer five The Link App is in beta-testing for 92% 8% 2.5% other, Android devices better suited but are software manufacturers online questions and, on the basis release in June. The brainchild of to a growing range of general and le- providing bespoke legal profession Document workflow/archive solutions of the answers, solicitors will put Lauren Riley, a family law solicitor gal profession bespoke applications. tools for that mobility? 40.5% together an initial quote for the at St Albans law firm Labrums and A glut of startup companies, pro- Do you require access to your work business. The bids set out fees a contestant on the most recent BRING YOUR OWN Electronic signatures 1.8% ducing time-recording, document documents from outside the office? and disbursements, which are series of BBC TV’s The Apprentice, Proliferation of mobile use has management and sharing applica- e-mailed to the client.” it is a communications tool for created problems for law firms. tions, sprang up, with many disap- 1.1% law firms to stay in contact with Online security tools WORKING FOR SMES Management committees are in pearing. But larger providers, such clients through desktops or mo- 0.7% danger of losing control over the as LexisNexis and Intapp, are cater- YES Lexoo is the latest of several online bile devices. For property deals, gadgets lawyers carry in their ing for the mobile lawyer market, at Cloud services replacing PC 100% 1.1% legal tendering sites, this time the app pushes notifications of briefcases and handbags as the least to some extent. 0.4% pitched at small and medium-sized searches and other processes di- phenomenon of bring your own de- Applications can track docu- enterprises (SMEs). The average rect to a client’s mobile and keeps Source: eFax Corporate 2014 Source: Workshare 2013 Source: LexisNexis 2014 vice (BYOD) takes hold in the legal ments a lawyer opens on a mobile value of work falls between £1,000 a timeline of progress. profession, blurring distinctions be- device, telephone calls made or tak- LEGAL EFFICIENCY 2015 1 RACONTEUR.NET LEGAL EFFICIENCY ONLINE: 1 RACONTEUR.NET 19/02/15 i /COMPANY/RACONTEUR-MEDIA WWW.RACONTEUR.NET/LEGAL-EFFICIENCY-2015 i /COMPANY/RACONTEUR-MEDIA P10 EDITION #0299 f /RACONTEUR.NET f /RACONTEUR.NET P11 t @RACONTEUR t @RACONTEUR

Mobile

“Whereas, previously, law firms lawyers use; ensuring individual Source: eFax Corporate 2014 Source: eFax Corporate 2014 ley Hurst, a technology partner at profession niche apps designed to would give their lawyers BlackBerry lawyers do not download data on London solicitors’ firm Olswang, manage practical aspects of prac- phones and laptops, and secure the to a device locally – in other words, explains: “Lawyers are overloaded tice, for instance, staying in contact perimeter of their practices with data must be encrypted centrally Smartphone use Which of the following do with e-mails, many of which would with clients. Nonetheless, in com- firewalls to protect the data that before being downloaded; and dic- have a better home on a searchable, mon with others, Mr Watts returns was inside the office, now there is a tating that lawyers must not share by lawyers in 2014 you believe is the single mobile-friendly platform that can be to security issues. lot more focus on lawyers not being devices with family and friends. tailored to the individual user. Tech- “The thing that potentially kills iPhone most valuable benefit in the office. 60% nology exists for law firms to have a lawyer mobility,” he says, “is the “And importantly, they are not on of cloud services for the document repository, extranet, wiki still significant client confidentiali- Increased 34.1% a single uniform device – they are on Android 22% legal profession? and knowledge-sharing portal all ty concern. Whether those concerns an iPhone or iPad, or any number of mobility Yes, but it will within one platform, and available on are real or imaginary is another devices,” he says. take more any device anywhere in the world.” question. In my view, the cloud is than 5 years Windows 2% Mobility or freedom Predictable costs “There are still some technopho- raises serious of access or budgeting But some specialist lawyers re- more secure than the infrastructure bic lawyers – those who insist on concerns over client main sceptical about the advances at most law firms.” Other Disaster recovery/ Marketing value/ e-mails being printed and stacked 1% data back-up client perception on their desks in the morning – but confidentiality and the Easy to use Other they are far fewer than they were spectre of cyber security 8.2% None 9% even five years ago.” 38.7% It investment savings Easy to implement Back in the dark ages of technol- Yes, in the Will be ONLINE FOR LAWYERS AND CLIENTS the same Paperless Scalability ogy evolution, the UK legal profes- “Lawyers must not be allowed to next 3-5 years BlackBerry 6% sion was almost totally unified in plug in any old device to a law firm’s its mobile device of choice: Black- system,” says Mr Mullen. “Devices Tech advances are not solely and £2,000, but that often leads to Berry ruled the landscape. Lawyers need to be compatible with a firm’s Source: LexisNexis 2014 Source: ABA 2014 focused on law firm’s internal sys- larger instructions of up to £10,000. are still doing their best to prop up software for ease of integration. tems – there are new client-facing Co-founder Daniel van Binsber- the financially challenged Canadi- Also, management needs to know 4.3% products aimed at businesses gen says: “Clients describe their an company, but not in the num- exactly what people are using, not BYOD in legal and and individuals instructions and we approach four What technology advances 45.2% bers and with the enthusiasm of a least because there is a support is- law firms we feel are a good fit for professional services sector BIDDING IN HIGH STREET have had the biggest impact that work, and we ask those lawyers decade ago. sue. If the IT team has to deal with 9:04 AM 83% That is by no means the result of multiple devices, including some on your practice/department Do you use your own mobile device or Launched last November, Legal- to provide a quote. We also give a declining interest in mobility as the sort of obscure Chinese-make of tablet for work? Proposals.com aims to reduce steer on the range of standard fees subject is increasingly on the agen- phone, it is difficult for them to be over the past 5 years? any intimidation ordinary people for that type of work.” da for the legal profession. It’s just adequately resourced.” may feel when searching for a KEEPING CLIENTS POSTED that lawyers, in common with other Increasingly, lawyers may be Virtual office technologies 45.3% 38.7% 34.1% 32.2% 28.4% YES NO 2.5% law firm. Director Mark Needham professions, are finding iPhones and bringing their own devices to work, explains: “Clients answer five The Link App is in beta-testing for 92% 8% 2.5% other, Android devices better suited but are software manufacturers online questions and, on the basis release in June. The brainchild of to a growing range of general and le- providing bespoke legal profession Document workflow/archive solutions of the answers, solicitors will put Lauren Riley, a family law solicitor gal profession bespoke applications. tools for that mobility? 40.5% together an initial quote for the at St Albans law firm Labrums and A glut of startup companies, pro- Do you require access to your work business. The bids set out fees a contestant on the most recent BRING YOUR OWN Electronic signatures 1.8% ducing time-recording, document documents from outside the office? and disbursements, which are series of BBC TV’s The Apprentice, Proliferation of mobile use has management and sharing applica- e-mailed to the client.” it is a communications tool for created problems for law firms. tions, sprang up, with many disap- 1.1% law firms to stay in contact with Online security tools WORKING FOR SMES Management committees are in pearing. But larger providers, such clients through desktops or mo- 0.7% danger of losing control over the as LexisNexis and Intapp, are cater- YES Lexoo is the latest of several online bile devices. For property deals, gadgets lawyers carry in their ing for the mobile lawyer market, at Cloud services replacing PC 100% 1.1% legal tendering sites, this time the app pushes notifications of briefcases and handbags as the least to some extent. 0.4% pitched at small and medium-sized searches and other processes di- phenomenon of bring your own de- Applications can track docu- enterprises (SMEs). The average rect to a client’s mobile and keeps Source: eFax Corporate 2014 Source: Workshare 2013 Source: LexisNexis 2014 vice (BYOD) takes hold in the legal ments a lawyer opens on a mobile value of work falls between £1,000 a timeline of progress. profession, blurring distinctions be- device, telephone calls made or tak- LEGAL EFFICIENCY 2015 1 RACONTEUR.NET LEGAL EFFICIENCY ONLINE: 1 RACONTEUR.NET 19/02/15 i /COMPANY/RACONTEUR-MEDIA WWW.RACONTEUR.NET/LEGAL-EFFICIENCY-2015 i /COMPANY/RACONTEUR-MEDIA EDITION #0299 f /RACONTEUR.NET f /RACONTEUR.NET t @RACONTEUR t @RACONTEUR

Billing Opinion

How law firms and barristers bill clients DO LAW FIRMS can be a bone of contention, with evermore varied pricing mechanisms, FIT THE BILL? but there are better ways of charging, writes Catherine Baksi INNOVATIVE PRICING, SHREDDED AMBITION

In-house legal teams It is a long list of wishes, but rest as- And so it will not be too long sured we are not that bothered. Basi- before weasel words like these are Image: Getty and law firms should cally please just come up with some- heard: “I know it doesn’t say so in thing that looks cheaper. The folks the bid document, but X firm are earning that his obituary company E.ON to provide all their with the efficient execution and be more accountable here also think you should be more brilliant and Y partner has worked had been published in the legal work across certain categories monitoring of work. Automisation innovative; goodness knows what with us for years, they get us and LNew York Journal, Amer- for a set price, says chief operations and standardisation of processes for changing self- that means, but see what you can do.” so whatever we decide they must ican writer and humourist Mark officer Richard Masters. keep down costs, as does on or off- The result is all very predictable. therefore be on the panel.” Twain famously quipped: “The re- Richard Burcher, managing di- shoring implemented by firms such interested behaviour, Most firms know that the pain of the Several weeks later, a few ground ports of my death have been great- rector of legal pricing consultancy as Baker & McKenzie, which last bid process will be replaced by the teeth and with the thin smiles of ly exaggerated.” The remark could Validatum, presents a dazzling array year opened a second dedicated says Paul Gilbert, familiar status quo of time-based thank goodness that’s over, the panel equally apply to the status of the of pricing options. In addition to the global service office in Belfast. charging and an inefficient client; firms are selected; a mix of relieved billable hour, the standard used to old favourites, there is “peak-load The management information chief executive of LBC therefore, lots of scope to make good familiar faces and perhaps one new charge for legal services. pricing”, where price is influenced provided by IT systems, says Mr Cart- money. In the meantime, however, hopeful firm to show that the process Despite the column inches in the by when the work is required dur- er, enables an analysis of whether the Wise Counsel they must look bothered and come must have been thorough. legal press devoted to its demise, ing the calendar year. Then there is pricing adopted has been effective up with an innovative pricing model. In my view, given the realities of the billable hour lives on. Talk of its “versioning”, giving clients a choice and, as Tim Aspinall, former manag- life, innovation is always unlikely. SOUNDS CLEVER death, says Michael Davison, global of the legal equivalent of first-class, ing partner of DMH Stallard, points Even if there are good ideas the head of litigation at Hogan Lovells, business-class and economy-class out is a valuable means of demon- Their usual response is to talk day job will crowd out any enthu- is “premature” but, as Tony Wil- service, and “subway pricing” where strating the value of work to clients. hen in-house legal teams half-heartedly about fixed fees and siasm for change which will soon liams of consultancy Jomati notes, the client builds their own menu Itemised e-billing, which Mr Wrun their appointment also to describe something that be replaced by that all too familiar it is coming under pressure. and urgency premium trade-off, to Brown notes is increasingly de- processes to select law sounds clever, but requires so much swimming-against-the-tide feel- As the clamour to drive down name but a few. manded, enables firms to collate a firms to act for them on their so- effort they know it will never hap- ing. Most of the ideas, therefore, costs, control budgets and increase rich data set to learn from to help called panels, there are a small pen. This can all be wrapped up in are confined to the confidential BILLABLE HOUR transparency and certainty has in- improve efficiency. number of words in every tender the pleasing sounds of words like waste bin where the law firm bid tensified, the appetite among clients Despite this veritable smorgas- In the United States, the role of document that result in a visceral “commitment”, “partnership” and document is sent on its journey to and general counsel for more nu- bord, it seems the billable hour will the “pricing officer” has emerged shudder for partners and bid teams. “long-term value” – blah! the shredder. anced pricing structures has grown. always be on the menu and as Paul as firms take a more analytical ap- “Please give examples of inno- Will it be cheaper? In a world Fixed fees are a popular alter- Rawlinson, managing partner at proach. A survey last year for AML vative pricing models.” It’s as if The key is to where law firms have most of the native. For some types of work at Baker & McKenzie, notes it operates Legal Intelligence showed that three the ghosts of general counsel past lose the fixation data, most of the resources and Charles Russell Speechlys, says as a “sense-check” against which to out of four large firms employ a dedi- have visited. most of the incentive to maximise managing partner James Carter, assess other options. cated pricing professional. The trend It is amazing really how seven with the word their profitability, and where in- has yet to catch on at UK firms, al- such innocuous words can arrive ‘innovative’ and replace house teams rely mostly on trusted In the United States, the role of the ‘pricing though Mr Brown notes most have dripping with low expectation and it with something a little relationships, my guess is that not officer’ has emerged as firms take a more individuals and teams to facilitate rank with the whiff of stale ideas. much will be cheaper ether. and control pricing. I am sure that shoulders must sag more hard-edged such Is there a better way? Of course, analytical approach There is general agreement that at the very sight of these words be- but it’s harder to do well. The key surety of pricing is achievable in cause in reality, it should say: as ‘accountable’ is to lose the fixation with the word they have become the norm to such While most agree it is up to firms to most cases, providing, as Mr Carter “Dear Law Firm, We are a bit The bid document written, the “innovative” and replace it with an extent that there are “discrete innovate, general counsel must play a says, work is scoped accurately and rushed right now on what we call balance of discomfort then switches something a little more hard-edged parts of the business that no longer role, says Mr Burcher. Too often, he agreement made with the client real work, but our colleagues in fi- to the in-house legal team who will such as “accountable”. record time”. bemoans, they default to a request for about what they want, by when and nance and procurement want us soon be in receipt of the glossy, pic- Innovative is a lazy, fad-diet, Colin Brown, chief financial of- discounts off headline hourly rates. an assessment made of the risk of to go through this dull-as-dishwa- ture-strewn bid response, weighed snake-oily word. Accountable is a ficer at Addleshaw Goddard, gives a Alternative fee arrangements re- overrun, particularly the unknowns. ter process. Frankly, they think we down with all the biographies of every grown-up word. In-house teams run-down of what’s on offer across assign some of the costs risk to the The world, adds Mr Davison, is spend too much money on legal fees, partner currently exhibiting a pulse. should be accountable for their the board, from capped and con- law-firm suppliers. And technology, uncertain and the important thing but we all know it isn’t that simple. The in-house legal team will then data and their processes. Law firms tingent fees to volume discounts, in the form of case management is to maintain honest conversations Anyway it has to be cheaper. search each document in vain for should be accountable for justifying variable prices for different aspects software, plays a vital role in helping throughout the process, so there are “We are too busy to do the job something, anything, which shows every cost incurred against propor- of a transaction and fees based on a manage that risk and ensuring the no surprises. properly, so we have some incom- one firm might have a different tionality and client need. Above percentage of transaction value. price is right. Getting it right, says Mr It is clear that pricing will become plete and unreliable data to give you. proposition from the others. In all in-house teams and law firms Pinsent Masons have long-term Masters, requires an analysis of data more and more important and, pre- We have also given some thought to truth they do not search too hard, should be more accountable to their agreements with infrastructure on past cases to map cost drivers. dicts Mr Burcher, those who master what we would like from you by way because experience tells them it employers and clients for changing business Balfour Beatty and energy Technology, he says, also assists it will inherit the Earth. of ‘value add’ (free training mostly). won’t be there. self-interested behaviours. LEGAL EFFICIENCY 2015 1 RACONTEUR.NET LEGAL EFFICIENCY ONLINE: 1 RACONTEUR.NET 19/02/15 i /COMPANY/RACONTEUR-MEDIA WWW.RACONTEUR.NET/LEGAL-EFFICIENCY-2015 i /COMPANY/RACONTEUR-MEDIA EDITION #0299 f /RACONTEUR.NET f /RACONTEUR.NET t @RACONTEUR t @RACONTEUR

Billing Opinion

In-house legal teams It is a long list of wishes, but rest as- And so it will not be too long sured we are not that bothered. Basi- before weasel words like these are Image: Getty and law firms should cally please just come up with some- heard: “I know it doesn’t say so in thing that looks cheaper. The folks the bid document, but X firm are earning that his obituary company E.ON to provide all their with the efficient execution and be more accountable here also think you should be more brilliant and Y partner has worked had been published in the legal work across certain categories monitoring of work. Automisation innovative; goodness knows what with us for years, they get us and LNew York Journal, Amer- for a set price, says chief operations and standardisation of processes for changing self- that means, but see what you can do.” so whatever we decide they must ican writer and humourist Mark officer Richard Masters. keep down costs, as does on or off- The result is all very predictable. therefore be on the panel.” Twain famously quipped: “The re- Richard Burcher, managing di- shoring implemented by firms such interested behaviour, Most firms know that the pain of the Several weeks later, a few ground ports of my death have been great- rector of legal pricing consultancy as Baker & McKenzie, which last bid process will be replaced by the teeth and with the thin smiles of ly exaggerated.” The remark could Validatum, presents a dazzling array year opened a second dedicated says Paul Gilbert, familiar status quo of time-based thank goodness that’s over, the panel equally apply to the status of the of pricing options. In addition to the global service office in Belfast. charging and an inefficient client; firms are selected; a mix of relieved billable hour, the standard used to old favourites, there is “peak-load The management information chief executive of LBC therefore, lots of scope to make good familiar faces and perhaps one new charge for legal services. pricing”, where price is influenced provided by IT systems, says Mr Cart- money. In the meantime, however, hopeful firm to show that the process Despite the column inches in the by when the work is required dur- er, enables an analysis of whether the Wise Counsel they must look bothered and come must have been thorough. legal press devoted to its demise, ing the calendar year. Then there is pricing adopted has been effective up with an innovative pricing model. In my view, given the realities of the billable hour lives on. Talk of its “versioning”, giving clients a choice and, as Tim Aspinall, former manag- life, innovation is always unlikely. SOUNDS CLEVER death, says Michael Davison, global of the legal equivalent of first-class, ing partner of DMH Stallard, points Even if there are good ideas the head of litigation at Hogan Lovells, business-class and economy-class out is a valuable means of demon- Their usual response is to talk day job will crowd out any enthu- is “premature” but, as Tony Wil- service, and “subway pricing” where strating the value of work to clients. hen in-house legal teams half-heartedly about fixed fees and siasm for change which will soon liams of consultancy Jomati notes, the client builds their own menu Itemised e-billing, which Mr Wrun their appointment also to describe something that be replaced by that all too familiar it is coming under pressure. and urgency premium trade-off, to Brown notes is increasingly de- processes to select law sounds clever, but requires so much swimming-against-the-tide feel- As the clamour to drive down name but a few. manded, enables firms to collate a firms to act for them on their so- effort they know it will never hap- ing. Most of the ideas, therefore, costs, control budgets and increase rich data set to learn from to help called panels, there are a small pen. This can all be wrapped up in are confined to the confidential BILLABLE HOUR transparency and certainty has in- improve efficiency. number of words in every tender the pleasing sounds of words like waste bin where the law firm bid tensified, the appetite among clients Despite this veritable smorgas- In the United States, the role of document that result in a visceral “commitment”, “partnership” and document is sent on its journey to and general counsel for more nu- bord, it seems the billable hour will the “pricing officer” has emerged shudder for partners and bid teams. “long-term value” – blah! the shredder. anced pricing structures has grown. always be on the menu and as Paul as firms take a more analytical ap- “Please give examples of inno- Will it be cheaper? In a world Fixed fees are a popular alter- Rawlinson, managing partner at proach. A survey last year for AML vative pricing models.” It’s as if The key is to where law firms have most of the native. For some types of work at Baker & McKenzie, notes it operates Legal Intelligence showed that three the ghosts of general counsel past lose the fixation data, most of the resources and Charles Russell Speechlys, says as a “sense-check” against which to out of four large firms employ a dedi- have visited. most of the incentive to maximise managing partner James Carter, assess other options. cated pricing professional. The trend It is amazing really how seven with the word their profitability, and where in- has yet to catch on at UK firms, al- such innocuous words can arrive ‘innovative’ and replace house teams rely mostly on trusted In the United States, the role of the ‘pricing though Mr Brown notes most have dripping with low expectation and it with something a little relationships, my guess is that not officer’ has emerged as firms take a more individuals and teams to facilitate rank with the whiff of stale ideas. much will be cheaper ether. and control pricing. I am sure that shoulders must sag more hard-edged such Is there a better way? Of course, analytical approach There is general agreement that at the very sight of these words be- but it’s harder to do well. The key surety of pricing is achievable in cause in reality, it should say: as ‘accountable’ is to lose the fixation with the word they have become the norm to such While most agree it is up to firms to most cases, providing, as Mr Carter “Dear Law Firm, We are a bit The bid document written, the “innovative” and replace it with an extent that there are “discrete innovate, general counsel must play a says, work is scoped accurately and rushed right now on what we call balance of discomfort then switches something a little more hard-edged parts of the business that no longer role, says Mr Burcher. Too often, he agreement made with the client real work, but our colleagues in fi- to the in-house legal team who will such as “accountable”. record time”. bemoans, they default to a request for about what they want, by when and nance and procurement want us soon be in receipt of the glossy, pic- Innovative is a lazy, fad-diet, Colin Brown, chief financial of- discounts off headline hourly rates. an assessment made of the risk of to go through this dull-as-dishwa- ture-strewn bid response, weighed snake-oily word. Accountable is a ficer at Addleshaw Goddard, gives a Alternative fee arrangements re- overrun, particularly the unknowns. ter process. Frankly, they think we down with all the biographies of every grown-up word. In-house teams run-down of what’s on offer across assign some of the costs risk to the The world, adds Mr Davison, is spend too much money on legal fees, partner currently exhibiting a pulse. should be accountable for their the board, from capped and con- law-firm suppliers. And technology, uncertain and the important thing but we all know it isn’t that simple. The in-house legal team will then data and their processes. Law firms tingent fees to volume discounts, in the form of case management is to maintain honest conversations Anyway it has to be cheaper. search each document in vain for should be accountable for justifying variable prices for different aspects software, plays a vital role in helping throughout the process, so there are “We are too busy to do the job something, anything, which shows every cost incurred against propor- of a transaction and fees based on a manage that risk and ensuring the no surprises. properly, so we have some incom- one firm might have a different tionality and client need. Above percentage of transaction value. price is right. Getting it right, says Mr It is clear that pricing will become plete and unreliable data to give you. proposition from the others. In all in-house teams and law firms Pinsent Masons have long-term Masters, requires an analysis of data more and more important and, pre- We have also given some thought to truth they do not search too hard, should be more accountable to their agreements with infrastructure on past cases to map cost drivers. dicts Mr Burcher, those who master what we would like from you by way because experience tells them it employers and clients for changing business Balfour Beatty and energy Technology, he says, also assists it will inherit the Earth. of ‘value add’ (free training mostly). won’t be there. self-interested behaviours. LEGAL EFFICIENCY 2015 1 RACONTEUR.NET LEGAL EFFICIENCY ONLINE: 1 RACONTEUR.NET LEGAL EFFICIENCY 1 RACONTEUR.NET 19/02/15 i /COMPANY/RACONTEUR-MEDIA WWW.RACONTEUR.NET/LEGAL-EFFICIENCY-2015 i /COMPANY/RACONTEUR-MEDIA 19/02/2015 i /COMPANY/RACONTEUR-MEDIA EDITION #0299 f /RACONTEUR.NET f /RACONTEUR.NET P14 P15 EDITION #0299 f /RACONTEURMEDIA P15 t @RACONTEUR t @RACONTEUR t @RACONTEUR

Outsourcing CommercialCommercial FeatureFeature

business processes”. Services That’s what Lawyers On Demand include legal recoveries, dispute provided by selecting people with resolution, and cost negotiations the right skills-set, and offering New time capture for financial services clients and quality assurance and continuing insurers. Meanwhile a dedicated professional development as well.” operation in Krakow is staffed The other dimension provided by by English-speaking Polish law LOD, however, is ensuring the rela- graduates working as paralegals, tionship between client and lawyer system speeds up who undertake due diligence and works effectively. As a result, says similar low-to-mid-level work on Mr Harper, clients working with behalf of leading law firms. LOD primarily gain enhanced flex- “The combination of a leading ibility and strength. City law firm doing the top-end liti- lawyers’ daily ‘time trial’ gation with a well-known brand like Capita providing the standardised work is very reassuring to clients. Data It means they get the best of both Analysis Accurate and timely tracking of lawyers’ hours is crucial for a law firm to worlds,” says Mr Cowan. “Strategic Page 18 advisory work is the core business of top law firms. That’s what they are remain competitive, says Tikit good at. They are not necessarily so good at managing the standard- Proof of the appeal of the ser- ised end of the job. That is where vice is evidenced by an increase in we can come in, providing a high LOD’s turnover of 500 per cent in level of service at lower-level costs.” four years and a client list which includes the likes of Google, Bar- ON DEMAND TIMEKEEPERS’ VELOCITY clays and EE. But LPO is also starting to grow Kerry Phillip, legal director at at the high end as well. Lawyers On Vodafone and an LOD client since LAG TO CAPTURE LAG TO RELEASE LAG TO BILL Image: Getty Demand (LOD) was set up in 2007 September 2013, explains that under the wing of Berwin Leighton what she needs is flexibility and Paisner by Simon Harper, who saw the ability to fill gaps in her team 8.0d 12.0d 16.0d 24.0d 48.0d 72.0d IT’S A BUSINESS BUILDER, the convergence of three comple- immediately. She now has on-de- mentary factors. mand, call-down facility for a set 4.0d 16.0d 4.0d 32.0d 24.0d 96.0d He says: “First, there was the number of hours each month with -13.3% NOT JUST A COST CUTTER availability of a large number of LOD. But what gives her reassur- +15.0% -7.4% high-quality lawyers, who wanted ance is that the LOD lawyer, who 0.0d 20.0d TARGET: 0.0d 40.0d TARGET: 0.0d 1209.0d TARGET: the flexibility of working freelance works remotely, understands how Once viewed primarily as a way of cutting costs, often on a remote basis. Second, the in-house team at Vodafone 1d 5d 30d there was the need of clients for works and can fit in easily as part Source: TIKIT legal process outsourcing has much more to ‘something different’, namely of the team. high-quality lawyers who could “The means by which legal work offer, as Edward Fennell reports work short term or on a project ba- can best be done, in terms of pro- sis. And, thirdly, the development ductivity, sustainability and effec- of technology which would enable tiveness, will become a primary marginal gains – is just as relevant to With our new We’ve developed a simple, easy-to-use lessly from one activity or place to an- lawyers to work together although consideration for legal service lawyers as it is Olympic cyclists. His interface for all circumstances.” other, one device to another, without not necessarily in the same building providers and their clients,” says focus on “how small improvements… generation of In designing the new software, Tikit missing a beat in terms of time cap- ver since the 1980s, lawyers have gained some hints of what progressive law firms and LPO pro- or on the same site. Mr Furlong. Legal process out- can have a huge impact on overall per- Carpe Diem, we have has paid close attention to how lawyers ture,” says Mark Garnish. Ehave continually reinvent- is possible, but by no means the viders is a multi-layered approach “What was needed was a glue to sourcing is becoming central to for ma nc e” relate s dire ctly to ma na gin g actually work in practice. After all, it can This is extremely important to gen- ed the way they work. As a whole picture. in which organisations play to their put these three elements together. tackling that challenge. pa r t ner s’ aim to imp rove t he s ha r p end aimed to make its use be highly variable ranging through all eral counsel, who are themselves species they have proved remarkably The past decade has seen a range strengths, then draw on others for of the legal process – charging the cli- as easy and natural hours of day and night, at home or in under pressure to ensure they are adept at adapting to the demands of of different experiments and inno- everything else. Hence a firm like ents for the work done on their behalf. the office, on trains, planes or waiting being correctly billed by their legal rooms, even when eating. So in order advisers. As a result they are now their clients and taking advan- vations with variable success rates. CMS not only outsources some of IMPORTANCE OF VELOCITY as possible tage, albeit cautiously, of advances However, as Barbara Mendler, man- its own work in conjunction with Breakdown of legal to be able to capture the data without increasingly likely to demand ac- in technology. The big question, aging director strategic projects and Integreon, but also itself provides, Just having any old time capture any lags under such diverse conditions, cess to individual lawyers’ records. process outsourcing software is no longer acceptable if to justify that bill based on transpar- Tikit has ensured the software can work “Our adoption of Carpe Diem’s though, is whether they have under- operations at CMS comments: “Le- from its Scottish-based centre, an Mark Garnish stood the best way to manage their gal process outsourcing is here to outsourcing service for the more rou- Development director at Tikit your aim is to maximise the efficien- ently accurate records. And that has equally well across all kinds of devices, consumer-based timekeeping tech- 15% 11% 10% 26% Document review/ cy and effectiveness of your lawyers’ to count as success.” platforms and circumstances – laptops, nologies, resulted in a 44 per cent key activity, the legal process itself. stay. It’s as beneficial to firms as it is tine and/or volume legal tasks across e-discovery “What many law firms don’t yet to general counsel. My advice, above the business where an external out- Think back to the London Olympics “good habits” when they are compiling The Carpe Diem system is already desktops, smartphones at work and at increase in the number of mobile appreciate, but soon will,” says all, is don’t be afraid of it.” sourcer would not be suitable. Contracts management and one of the stand-out perfor- the data which will form the basis of re ga rd e d a s a ma r ket lea d er, but Tikit’s play – in a fully connected way. entries, with 40 per cent more Jordan Furlong, a legal industry mances was racing cyclist Bradley their bills. An underperforming time commitment to continuous improve- “Having a single timekeeping sys- granularity, both of which contribute THINKING IT THROUGH analyst, “is that a more modern and Progressive law firms and Litigation support Wiggins’ time trial performance capture system is like riding a bike ment means that a new generation tem that provides the same technology to more timely and more accurate efficient deployment of talent and Thinking strategically about how where his intense attention to time with a puncture. The longer you cycle of the system will be launched at the across every platform is very important invoicing to our clients,” says Justin systems to accomplish legal work best to configure all the options to LPO providers play to their Legal research management made him a gold-med- on it, the more power will go out of British Legal Technology Forum on for a consistent user experience,” says Hectus, director of information at not only reduces personnel costs, maximise the benefits while mini- strengths, then draw on al winner. It was an example that the system. That’s why lawyers need March 17. The new product marks an Mark Mountford, head of IT applications Keesal, Young & Logan (KYL). but more importantly, also increas- mising the risks is now a key chal- Financial reviews every lawyer should follow because a system which reflects the way they enormous leap forward in innovation. at Bird & Bird LLP. “T he f unctionalit y to- re “As a firm we value our clients and es productivity.” lenge for general counsel and man- others for everything else they are battling in a “time trial” actually work today. Mr Garnish says: “Every single line of cord time with tablets and smar tphones put a distinct focus on transparency, In other words, a more intelligent aging partners alike. What should be Others every day of their working lives. As Mark Garnish of Tikit, the mak- code has been newly written. The aim is of increasing importance, and is now so being able to deliver an all-round (including drafting/ The effective recording, registra- ers of the Carpe Diem time keeping of this new-generation product is to competing with traditional desktop en- great service and provide clarity allocation of work is not just a cost headquartered and why? Where can By contrast Capita is best known negogiations, legal content cutter, but it is also a business build- you outsource safely? Who can you for providing a range of outsourcing publishing and compliance) tion and notification of time spent on system, points out: “Effective time re- address square - on the issue of veloc- try. Consequently, the ability to capture across all our activities is fundamen- er. And it is the part played by legal trust as your suppliers? How can services, but also itself owns two law clients’ matters are at the heart of cording is all about ‘velocity’. What that it y by eliminatin g all t he ba r rier s w hich and manage time painlessly and accu- tal to those relationships.” process outsourcing (LPO) in this you bind them into your culture? firms, Cost Advocates and Optima turning a great legal performance into means is eliminating the lags in time cause lags and delay.” rately across all devices is not simply a The accurate and timely tracking a great business result. Time “lost” between doing the work and recording ‘nice to have’, but is seen as fundamen- of hours is fundamental in measuring new scenario which will prove vital These are the questions which need Legal, which are regulated by the CONSUMERISATION IS KEY The pent-up potential in the to be answered whether you are Solicitors Regulation Authority. during that process can make all the it; then the lag between recording it tal to how we support our lawyers.” both cost and revenues in law firms – legal industry for improved pro- planning to outsource higher-level According to James Cowan, di- difference in terms of profitability. and submitting it internally; and final- At the heart of the new approach is The benefit of this for both lawyer and will be an increasingly important ductivity through better infra- legal work, commoditised legal ac- rector of Capita Legal Services, That is why the management phi- ly the lag before billing the client. The what he calls “consumerisation”. As and client is that there is a direct cor- part of a firm’s competitiveness. Hav- structure, workflow and employ- tivity by paralegals or an array of IT the firms specialise in “delivering losophy of Sir Dave Brailsford, UK Cy- more that you can get rid of these lags, he puts it: “With our new generation of relation between velocity and accura- ing the most appropriate software is ment systems is, according to Mr and administrative services. legal expertise through operation- 16% 22% cling’s performance director – based the faster you will get paid in full for the Carpe Diem, we have aimed to make cy. “With our new generation of Carpe the way to win your personal time trial. Furlong, “off the charts”. So far we What is emerging from the most al excellence and best-in-class Source: CPA Global 2012 on his theory of the aggregation of work that you have done and be able it s u s e a s ea s y a nd natur al a s p o s sible. Diem, it will be pos sible to move seam- LEGAL EFFICIENCY 2015 1 RACONTEUR.NET LEGAL EFFICIENCY ONLINE: 1 RACONTEUR.NET LEGAL EFFICIENCY 1 RACONTEUR.NET 19/02/15 i /COMPANY/RACONTEUR-MEDIA WWW.RACONTEUR.NET/LEGAL-EFFICIENCY-2015 i /COMPANY/RACONTEUR-MEDIA 19/02/2015 i /COMPANY/RACONTEUR-MEDIA EDITION #0299 f /RACONTEUR.NET f /RACONTEUR.NET P14 P15 EDITION #0299 f /RACONTEURMEDIA P15 t @RACONTEUR t @RACONTEUR t @RACONTEUR

Outsourcing CommercialCommercial FeatureFeature

business processes”. Services That’s what Lawyers On Demand include legal recoveries, dispute provided by selecting people with resolution, and cost negotiations the right skills-set, and offering New time capture for financial services clients and quality assurance and continuing insurers. Meanwhile a dedicated professional development as well.” operation in Krakow is staffed The other dimension provided by by English-speaking Polish law LOD, however, is ensuring the rela- graduates working as paralegals, tionship between client and lawyer system speeds up who undertake due diligence and works effectively. As a result, says similar low-to-mid-level work on Mr Harper, clients working with behalf of leading law firms. LOD primarily gain enhanced flex- “The combination of a leading ibility and strength. City law firm doing the top-end liti- lawyers’ daily ‘time trial’ gation with a well-known brand like Capita providing the standardised work is very reassuring to clients. Data It means they get the best of both Analysis Accurate and timely tracking of lawyers’ hours is crucial for a law firm to worlds,” says Mr Cowan. “Strategic Page 18 advisory work is the core business of top law firms. That’s what they are remain competitive, says Tikit good at. They are not necessarily so good at managing the standard- Proof of the appeal of the ser- ised end of the job. That is where vice is evidenced by an increase in we can come in, providing a high LOD’s turnover of 500 per cent in level of service at lower-level costs.” four years and a client list which includes the likes of Google, Bar- ON DEMAND TIMEKEEPERS’ VELOCITY clays and EE. But LPO is also starting to grow Kerry Phillip, legal director at at the high end as well. Lawyers On Vodafone and an LOD client since LAG TO CAPTURE LAG TO RELEASE LAG TO BILL Image: Getty Demand (LOD) was set up in 2007 September 2013, explains that under the wing of Berwin Leighton what she needs is flexibility and Paisner by Simon Harper, who saw the ability to fill gaps in her team 8.0d 12.0d 16.0d 24.0d 48.0d 72.0d IT’S A BUSINESS BUILDER, the convergence of three comple- immediately. She now has on-de- mentary factors. mand, call-down facility for a set 4.0d 16.0d 4.0d 32.0d 24.0d 96.0d He says: “First, there was the number of hours each month with -13.3% NOT JUST A COST CUTTER availability of a large number of LOD. But what gives her reassur- +15.0% -7.4% high-quality lawyers, who wanted ance is that the LOD lawyer, who 0.0d 20.0d TARGET: 0.0d 40.0d TARGET: 0.0d 1209.0d TARGET: the flexibility of working freelance works remotely, understands how Once viewed primarily as a way of cutting costs, often on a remote basis. Second, the in-house team at Vodafone 1d 5d 30d there was the need of clients for works and can fit in easily as part Source: TIKIT legal process outsourcing has much more to ‘something different’, namely of the team. high-quality lawyers who could “The means by which legal work offer, as Edward Fennell reports work short term or on a project ba- can best be done, in terms of pro- sis. And, thirdly, the development ductivity, sustainability and effec- of technology which would enable tiveness, will become a primary marginal gains – is just as relevant to With our new We’ve developed a simple, easy-to-use lessly from one activity or place to an- lawyers to work together although consideration for legal service lawyers as it is Olympic cyclists. His interface for all circumstances.” other, one device to another, without not necessarily in the same building providers and their clients,” says focus on “how small improvements… generation of In designing the new software, Tikit missing a beat in terms of time cap- ver since the 1980s, lawyers have gained some hints of what progressive law firms and LPO pro- or on the same site. Mr Furlong. Legal process out- can have a huge impact on overall per- Carpe Diem, we have has paid close attention to how lawyers ture,” says Mark Garnish. Ehave continually reinvent- is possible, but by no means the viders is a multi-layered approach “What was needed was a glue to sourcing is becoming central to for ma nc e” relate s dire ctly to ma na gin g actually work in practice. After all, it can This is extremely important to gen- ed the way they work. As a whole picture. in which organisations play to their put these three elements together. tackling that challenge. pa r t ner s’ aim to imp rove t he s ha r p end aimed to make its use be highly variable ranging through all eral counsel, who are themselves species they have proved remarkably The past decade has seen a range strengths, then draw on others for of the legal process – charging the cli- as easy and natural hours of day and night, at home or in under pressure to ensure they are adept at adapting to the demands of of different experiments and inno- everything else. Hence a firm like ents for the work done on their behalf. the office, on trains, planes or waiting being correctly billed by their legal rooms, even when eating. So in order advisers. As a result they are now their clients and taking advan- vations with variable success rates. CMS not only outsources some of IMPORTANCE OF VELOCITY as possible tage, albeit cautiously, of advances However, as Barbara Mendler, man- its own work in conjunction with Breakdown of legal to be able to capture the data without increasingly likely to demand ac- in technology. The big question, aging director strategic projects and Integreon, but also itself provides, Just having any old time capture any lags under such diverse conditions, cess to individual lawyers’ records. process outsourcing software is no longer acceptable if to justify that bill based on transpar- Tikit has ensured the software can work “Our adoption of Carpe Diem’s though, is whether they have under- operations at CMS comments: “Le- from its Scottish-based centre, an Mark Garnish stood the best way to manage their gal process outsourcing is here to outsourcing service for the more rou- Development director at Tikit your aim is to maximise the efficien- ently accurate records. And that has equally well across all kinds of devices, consumer-based timekeeping tech- 15% 11% 10% 26% Document review/ cy and effectiveness of your lawyers’ to count as success.” platforms and circumstances – laptops, nologies, resulted in a 44 per cent key activity, the legal process itself. stay. It’s as beneficial to firms as it is tine and/or volume legal tasks across e-discovery “What many law firms don’t yet to general counsel. My advice, above the business where an external out- Think back to the London Olympics “good habits” when they are compiling The Carpe Diem system is already desktops, smartphones at work and at increase in the number of mobile appreciate, but soon will,” says all, is don’t be afraid of it.” sourcer would not be suitable. Contracts management and one of the stand-out perfor- the data which will form the basis of re ga rd e d a s a ma r ket lea d er, but Tikit’s play – in a fully connected way. entries, with 40 per cent more Jordan Furlong, a legal industry mances was racing cyclist Bradley their bills. An underperforming time commitment to continuous improve- “Having a single timekeeping sys- granularity, both of which contribute THINKING IT THROUGH analyst, “is that a more modern and Progressive law firms and Litigation support Wiggins’ time trial performance capture system is like riding a bike ment means that a new generation tem that provides the same technology to more timely and more accurate efficient deployment of talent and Thinking strategically about how where his intense attention to time with a puncture. The longer you cycle of the system will be launched at the across every platform is very important invoicing to our clients,” says Justin systems to accomplish legal work best to configure all the options to LPO providers play to their Legal research management made him a gold-med- on it, the more power will go out of British Legal Technology Forum on for a consistent user experience,” says Hectus, director of information at not only reduces personnel costs, maximise the benefits while mini- strengths, then draw on al winner. It was an example that the system. That’s why lawyers need March 17. The new product marks an Mark Mountford, head of IT applications Keesal, Young & Logan (KYL). but more importantly, also increas- mising the risks is now a key chal- Financial reviews every lawyer should follow because a system which reflects the way they enormous leap forward in innovation. at Bird & Bird LLP. “T he f unctionalit y to- re “As a firm we value our clients and es productivity.” lenge for general counsel and man- others for everything else they are battling in a “time trial” actually work today. Mr Garnish says: “Every single line of cord time with tablets and smar tphones put a distinct focus on transparency, In other words, a more intelligent aging partners alike. What should be Others every day of their working lives. As Mark Garnish of Tikit, the mak- code has been newly written. The aim is of increasing importance, and is now so being able to deliver an all-round (including drafting/ The effective recording, registra- ers of the Carpe Diem time keeping of this new-generation product is to competing with traditional desktop en- great service and provide clarity allocation of work is not just a cost headquartered and why? Where can By contrast Capita is best known negogiations, legal content cutter, but it is also a business build- you outsource safely? Who can you for providing a range of outsourcing publishing and compliance) tion and notification of time spent on system, points out: “Effective time re- address square - on the issue of veloc- try. Consequently, the ability to capture across all our activities is fundamen- er. And it is the part played by legal trust as your suppliers? How can services, but also itself owns two law clients’ matters are at the heart of cording is all about ‘velocity’. What that it y by eliminatin g all t he ba r rier s w hich and manage time painlessly and accu- tal to those relationships.” process outsourcing (LPO) in this you bind them into your culture? firms, Cost Advocates and Optima turning a great legal performance into means is eliminating the lags in time cause lags and delay.” rately across all devices is not simply a The accurate and timely tracking a great business result. Time “lost” between doing the work and recording ‘nice to have’, but is seen as fundamen- of hours is fundamental in measuring new scenario which will prove vital These are the questions which need Legal, which are regulated by the CONSUMERISATION IS KEY The pent-up potential in the to be answered whether you are Solicitors Regulation Authority. during that process can make all the it; then the lag between recording it tal to how we support our lawyers.” both cost and revenues in law firms – legal industry for improved pro- planning to outsource higher-level According to James Cowan, di- difference in terms of profitability. and submitting it internally; and final- At the heart of the new approach is The benefit of this for both lawyer and will be an increasingly important ductivity through better infra- legal work, commoditised legal ac- rector of Capita Legal Services, That is why the management phi- ly the lag before billing the client. The what he calls “consumerisation”. As and client is that there is a direct cor- part of a firm’s competitiveness. Hav- structure, workflow and employ- tivity by paralegals or an array of IT the firms specialise in “delivering losophy of Sir Dave Brailsford, UK Cy- more that you can get rid of these lags, he puts it: “With our new generation of relation between velocity and accura- ing the most appropriate software is ment systems is, according to Mr and administrative services. legal expertise through operation- 16% 22% cling’s performance director – based the faster you will get paid in full for the Carpe Diem, we have aimed to make cy. “With our new generation of Carpe the way to win your personal time trial. Furlong, “off the charts”. So far we What is emerging from the most al excellence and best-in-class Source: CPA Global 2012 on his theory of the aggregation of work that you have done and be able it s u s e a s ea s y a nd natur al a s p o s sible. Diem, it will be pos sible to move seam- LEGAL EFFICIENCY 2015 1 RACONTEUR.NET LEGAL EFFICIENCY ONLINE: 1 RACONTEUR.NET 19/02/15 i /COMPANY/RACONTEUR-MEDIA WWW.RACONTEUR.NET/LEGAL-EFFICIENCY-2015 i /COMPANY/RACONTEUR-MEDIA P16 EDITION #0299 f /RACONTEUR.NET f /RACONTEUR.NET P17 t @RACONTEUR t @RACONTEUR 1 RACONTEUR.NET LEGAL EFFICIENCY i /COMPANY/RACONTEUR-MEDIA 19/02/15 f /RACONTEURMEDIA EDITION #0299 P16 @RACONTEURMEDIA t Commercial Feature E-Discovery Case Study

Commercial Feature tools of predictive coding, clustering head of e-discovery at Deloitte, says: and thematic mapping.” “Companies are seeing a number of Where there is unanimity, from increased data requests that involve PSYCHOLINGUISTICS both vendors, consultants and law- a high volume and complex range of NEW ANALYTIC yers, is that the key element is for data. Responding to these requests IN AUDIO ANALYSIS Man and machine lawyers to be more conversant with cannot be done on an ad hoc basis; their technology partners. it’s too risky and expensive. Nigel Murray, director of Omnis “Companies experiencing a high The key to ultimate legal efficiency is using specialist lawyers in Global, says the ability to communi- number of data requests should TECH IS SET TO cate is the most important ingredient develop an operating model that tandem with sophisticated technology, says Daniel Kavan, head when deciding which technical part- ensures they respond in the most ner to choose. “The various systems efficient and effective manner. of evidence consultancy and managed review at Kroll Ontrack, all achieve pretty much the same end, This is not just a question of tech- although they go about it in slightly nology; having the correct people working with clients across the United Kingdom and Europe GO BIGGER, different ways. It comes down to re- and processes in place is just as lationships,” he says. “Lawyers need important.” to ask, ‘Are these people I can work These areas all give lawyers scope with?’ Outsourcing e-discovery is not to improve. But the one biggest tip the same as outsourcing photocopy- for making e-disclosure go more ing or translation. It is collaborative. smoothly? The same advice is cho- Document review DEEPER The lawyers have a degree of super- rused seemingly no matter who vision, so there needs to be constant you ask. Mr Lieberman of Taylor dialogue. Technology is not the deci- Wessing spells it out: “You have to rates sive factor.” have the initial discussion very early on. You will come a cropper if you COMPANY PROCESSES AND FASTER don’t. Judges and regulators are Lawyers can invest time in help- much better trained at e-disclosure ing clients prepare for e-disclosure. than ever, and will take a dim view In particular, they need to empha- of litigators who have not made an sise that companies must have in early start.” place processes to address e-disclosure. Peter Robinson, partner and E-discovery and e-disclosure have been embraced by Image: iStock Audio analysis is a growing ele- and word intonation indicative of the law, but which is the best software and what is left Has your organisation tracked ment of e-disclosure. The ability to anger can trigger a flag for regu- languages, and this is where our man- value-added matter management to the efficiencyand accuracy of transcribe audio into searchable lators to investigate. If a broker aged review service has excelled. Our their clients, calling the shots at the to learn? Charles Orton-Jones reports e-discovery document review? text means it is now far simpler for and client have a blazing row, the professionally qualified lawyers are helm a nd en s urin g t hat p rov id er s’ out- lawyers and compliance officers compliance officer can be alerted expert document reviewers adept at put is of the requisite high standard. 21% 8% 4% 67% No to handle sound files using the before there is any official request using the latest review technology Working as part of a composite legal he field of e-disclosure is un- “The US pioneered the area,” same processes as for text to investigate. and many have foreign language team – traditional law-firm lawyers in recognisable from ten years notes Laurence Lieberman of law Yes, we have documents. Gone is the chore of The drive to improve will come skills, which are becoming increas- tandem with document review lawyers- T tracked it in-house ago. Back then the primary firm Taylor Wessing. “And there listening to hundreds of hours of from banks and other financial ingly necessary. requires a tightly controlled structure mode of searching documents was are a lot more providers in the Yes, our outside chit-chat in raw audio form. organisations keen to move from By carrying out first-pass relevance, and sophisticated workflow. In order to counsel has by hand. Today? It’s almost all digital. States,” he says. “But what you tracked it for us The next phase of audio analysis a reactive compliance approach, privilege and even privacy reviews – the get the most efficient result from both Lawyers happily discuss the merits find is the big US providers are is now under way. Lawyers can to a proactive methodology activities that are usually the most ex- the reviewers and technology, it helps of different artificial intelligence -ap tracking and selling to the UK professional development] points. Don’t know search for more than mere key- whereby flashpoints are noticed pensive part of any litigation or investi- for the reviewers to be managed by proaches to concept grouping. Even anyway. So we get that knowhow.” We publish articles through the year words. Speakers can be identified the moment they arise. gation – they are able to support legal consultants who know the technology and tracked by their unique voice The sector is still in an early teams, allowing lawyers to focus on being used intimately. Automated work- paralegals are conversant on met- Rob Jones, legal consultant at Kroll and we write a blog, edisclosureblog. unlocking key information and building flows and predictive coding technology atags and statistical sampling. The Ontrack, agrees. “The perceived divi- co.uk, which covers the main points.” “fingerprint”. It is possible to phase. “Audio is coming under Daniel Kavan industry should be congratulated. sion between the UK and the EU, and Pleasingly, this need not stretch gather all calls made between two increasing scrutiny,” says Tyrone Head of evidence consultancy and managed their case strategies earlier, irrespec- applied in the right way usually lead to review at Kroll Ontrack tive of the language of the evidence. faster and more accurate results from Clients ought to be delighted. the US is a bit false,” he says. Instead, to unpicking the algorithms behind persons, no matter what landline Edward, e-discovery specialist outsourced review teams. However, there’s no room for litigators can look at other fields using stuff like latent semantic indexing or mobile handsets they have at EY. “The quality has got much In-house legal teams are under in- It may be surprising that a technol- complacency. Law firms need to be e-discovery techniques, such as merg- (LSI). Adrian Palmer, managing been using. better, but the analogy is with OCR creasing pressure to add value to Managed review ogy company with sophisticated pre- asking: what next? ers and acquisitions (M&A). partner at Proven Legal Technolo- The real game-changer in audio [optical character recognition]. Improving on the current e-dis- gies, which helps firms such as Ad- is the ability to label the emotion The OCR engines got better. We their businesses and reduce costs. gives lawyers the dictive coding technology is turning to REGULATORY DEMANDS According to Unbundling a Market, people power as a method of tackling closure techniques won’t be easy. dleshaw Goddard execute e-disclo- of each conversation. Peaks of vol- are at that same point. We are on a recent report by Allen & Overy, opportunity to provide la r ge volume s of d o cument s a nd c o s t s The big gains have already been “There are predictions of lots sure, comments: “I have only ever ume, choppy sentence structure a difficulty curve.” lega l wo r k is b ein g b r o ke n d ow n into value-added matter in e-discovery exercises. Why wouldn’t achieved. So how can law firms pol- of M&A activity in 2015,” says Mr met two people who really under- smaller parts, which are then dele- we simply deploy artificial intelligence ish their act? Jones. “Some of these may attract stood LSI. I lasted about 45 seconds. Source: MIT 2013 gated to dif ferent par ties with niche management to clients on all of our cases and not bother with The United States used to lead the the attention of the competition We have one guy in our organisation expertise. This “disaggregation” human reviewers at all? field. British firms would observe authority. Some may be referred who does, but it is incredibly com- brings choice and flexibility to the - calling the shots at The key is using both together, ef- Plan to track e-discovery and imitate. Not so easy these days. to the EU for a phase-two investi- plicated. You don’t need to under- Methods of tracking e-discovery document review document review buyers of legal services, and opens the helm and ensuring fectively. Our clients are in fact using gation. That process is the same as stand how it works.” organisations are currently using compared with those up opportunities for providers of predictive coding on most matters. e-disclosure, but needs to be done in The debate of single technology Currently track e-discovery specialist services such as contract However, so far in the UK, this has document review providers’ output is of a 28 days. When you have half a mil- vendor versus a bespoke combi- that plan to track e-discovery document review management and document review. mainly been as an added quality lion documents to sift through to nation of best-in-breed approach At Kroll Ontrack, we have experi- high standard check and/or to prioritise relevant Utilise sampling to track document 46% find the 5,000 or 10,000 documents remains unsettled. Vijay Rathour, enced this unbundling first-hand in documents to the front of the queue review accuracy or thoroughness 71% our e - dis c over y bu sine s s . We ex pa nd- The processes of e-discovery and for human review, but not to automat- you need that is a huge undertaking. vice president of investigations “We are looking to deploy this sort firm Stroz Friedberg, puts the case Compare review productivity and accuracy 23% ed our managed review service at the document review can now be carried ically select or eliminate them for dis- The most practical across multiple cases 50% beginning of this year by launching a out by real specialists, and this is clo s ure w it hin for mal litigation. It won’t of service to other situations where for the former. “A flexible range of new review facility in central London. done more cost effectively as pro- b e lon g until a ju d ge in t his juris diction they simply need to sift through technology-assisted tools is almost Compare review productivity and accuracy 15% advice I would give across multiple attorney review providers 43% Within the first five weeks, we have fessional document review experts approves full use of such technology large amounts of documents.” always more effective than a one- been inundated with requests from are less expensive than lawyers em- to carry out disclosure, creating the to lawyers is to roll Lawyers must study e-disclosure size-fits-all approach,” he says. Utilise software to measure individual 15% our clients and have had more than ployed by law firms to carry out a range ultimate legal efficiency. software to get the most from it. “The “While individual technologies are document reviewer productivity 29% 40 reviewers engaged in reviewing of functions, including advisory and up their sleeves most practical advice I would give less important than the combined Compare review productivity and accuracy 8% documents on a variety of matters. strategic work, as well as document to lawyers is to roll up their sleeves technological expertise, some pow- across multiple review software solutions 21% With the rise in cross-border litiga- review. Savvy lawyers do not see this and learn about and learn about e-discovery,” he erful new analytic technologies are 46% tion and investigations, many of the as a risk to their business. Rather, it’s says. “We put on seminars and hold emerging, beyond even the most re- Don't know/too soon to tell 0% Source: MIT 2013 ca s e s we wor k on now invol ve multiple an opportunity for lawyers to provide e-discovery events, which offer CPD [continuing cent generation of tar [tape archive] LEGAL EFFICIENCY 2015 1 RACONTEUR.NET LEGAL EFFICIENCY ONLINE: 1 RACONTEUR.NET 19/02/15 i /COMPANY/RACONTEUR-MEDIA WWW.RACONTEUR.NET/LEGAL-EFFICIENCY-2015 i /COMPANY/RACONTEUR-MEDIA P16 EDITION #0299 f /RACONTEUR.NET f /RACONTEUR.NET P17 t @RACONTEUR t @RACONTEUR 1 RACONTEUR.NET LEGAL EFFICIENCY i /COMPANY/RACONTEUR-MEDIA 19/02/15 f /RACONTEURMEDIA EDITION #0299 P16 @RACONTEURMEDIA t Commercial Feature E-Discovery Case Study

Commercial Feature tools of predictive coding, clustering head of e-discovery at Deloitte, says: and thematic mapping.” “Companies are seeing a number of Where there is unanimity, from increased data requests that involve PSYCHOLINGUISTICS both vendors, consultants and law- a high volume and complex range of NEW ANALYTIC yers, is that the key element is for data. Responding to these requests IN AUDIO ANALYSIS Man and machine lawyers to be more conversant with cannot be done on an ad hoc basis; their technology partners. it’s too risky and expensive. Nigel Murray, director of Omnis “Companies experiencing a high The key to ultimate legal efficiency is using specialist lawyers in Global, says the ability to communi- number of data requests should TECH IS SET TO cate is the most important ingredient develop an operating model that tandem with sophisticated technology, says Daniel Kavan, head when deciding which technical part- ensures they respond in the most ner to choose. “The various systems efficient and effective manner. of evidence consultancy and managed review at Kroll Ontrack, all achieve pretty much the same end, This is not just a question of tech- although they go about it in slightly nology; having the correct people working with clients across the United Kingdom and Europe GO BIGGER, different ways. It comes down to re- and processes in place is just as lationships,” he says. “Lawyers need important.” to ask, ‘Are these people I can work These areas all give lawyers scope with?’ Outsourcing e-discovery is not to improve. But the one biggest tip the same as outsourcing photocopy- for making e-disclosure go more ing or translation. It is collaborative. smoothly? The same advice is cho- Document review DEEPER The lawyers have a degree of super- rused seemingly no matter who vision, so there needs to be constant you ask. Mr Lieberman of Taylor dialogue. Technology is not the deci- Wessing spells it out: “You have to rates sive factor.” have the initial discussion very early on. You will come a cropper if you COMPANY PROCESSES AND FASTER don’t. Judges and regulators are Lawyers can invest time in help- much better trained at e-disclosure ing clients prepare for e-disclosure. than ever, and will take a dim view In particular, they need to empha- of litigators who have not made an sise that companies must have in early start.” place processes to address e-disclosure. Peter Robinson, partner and E-discovery and e-disclosure have been embraced by Image: iStock Audio analysis is a growing ele- and word intonation indicative of the law, but which is the best software and what is left Has your organisation tracked ment of e-disclosure. The ability to anger can trigger a flag for regu- languages, and this is where our man- value-added matter management to the efficiencyand accuracy of transcribe audio into searchable lators to investigate. If a broker aged review service has excelled. Our their clients, calling the shots at the to learn? Charles Orton-Jones reports e-discovery document review? text means it is now far simpler for and client have a blazing row, the professionally qualified lawyers are helm a nd en s urin g t hat p rov id er s’ out- lawyers and compliance officers compliance officer can be alerted expert document reviewers adept at put is of the requisite high standard. 21% 8% 4% 67% No to handle sound files using the before there is any official request using the latest review technology Working as part of a composite legal he field of e-disclosure is un- “The US pioneered the area,” same processes as for text to investigate. and many have foreign language team – traditional law-firm lawyers in recognisable from ten years notes Laurence Lieberman of law Yes, we have documents. Gone is the chore of The drive to improve will come skills, which are becoming increas- tandem with document review lawyers- T tracked it in-house ago. Back then the primary firm Taylor Wessing. “And there listening to hundreds of hours of from banks and other financial ingly necessary. requires a tightly controlled structure mode of searching documents was are a lot more providers in the Yes, our outside chit-chat in raw audio form. organisations keen to move from By carrying out first-pass relevance, and sophisticated workflow. In order to counsel has by hand. Today? It’s almost all digital. States,” he says. “But what you tracked it for us The next phase of audio analysis a reactive compliance approach, privilege and even privacy reviews – the get the most efficient result from both Lawyers happily discuss the merits find is the big US providers are is now under way. Lawyers can to a proactive methodology activities that are usually the most ex- the reviewers and technology, it helps of different artificial intelligence -ap tracking and selling to the UK professional development] points. Don’t know search for more than mere key- whereby flashpoints are noticed pensive part of any litigation or investi- for the reviewers to be managed by proaches to concept grouping. Even anyway. So we get that knowhow.” We publish articles through the year words. Speakers can be identified the moment they arise. gation – they are able to support legal consultants who know the technology and tracked by their unique voice The sector is still in an early teams, allowing lawyers to focus on being used intimately. Automated work- paralegals are conversant on met- Rob Jones, legal consultant at Kroll and we write a blog, edisclosureblog. unlocking key information and building flows and predictive coding technology atags and statistical sampling. The Ontrack, agrees. “The perceived divi- co.uk, which covers the main points.” “fingerprint”. It is possible to phase. “Audio is coming under Daniel Kavan industry should be congratulated. sion between the UK and the EU, and Pleasingly, this need not stretch gather all calls made between two increasing scrutiny,” says Tyrone Head of evidence consultancy and managed their case strategies earlier, irrespec- applied in the right way usually lead to review at Kroll Ontrack tive of the language of the evidence. faster and more accurate results from Clients ought to be delighted. the US is a bit false,” he says. Instead, to unpicking the algorithms behind persons, no matter what landline Edward, e-discovery specialist outsourced review teams. However, there’s no room for litigators can look at other fields using stuff like latent semantic indexing or mobile handsets they have at EY. “The quality has got much In-house legal teams are under in- It may be surprising that a technol- complacency. Law firms need to be e-discovery techniques, such as merg- (LSI). Adrian Palmer, managing been using. better, but the analogy is with OCR creasing pressure to add value to Managed review ogy company with sophisticated pre- asking: what next? ers and acquisitions (M&A). partner at Proven Legal Technolo- The real game-changer in audio [optical character recognition]. Improving on the current e-dis- gies, which helps firms such as Ad- is the ability to label the emotion The OCR engines got better. We their businesses and reduce costs. gives lawyers the dictive coding technology is turning to REGULATORY DEMANDS According to Unbundling a Market, people power as a method of tackling closure techniques won’t be easy. dleshaw Goddard execute e-disclo- of each conversation. Peaks of vol- are at that same point. We are on a recent report by Allen & Overy, opportunity to provide la r ge volume s of d o cument s a nd c o s t s The big gains have already been “There are predictions of lots sure, comments: “I have only ever ume, choppy sentence structure a difficulty curve.” lega l wo r k is b ein g b r o ke n d ow n into value-added matter in e-discovery exercises. Why wouldn’t achieved. So how can law firms pol- of M&A activity in 2015,” says Mr met two people who really under- smaller parts, which are then dele- we simply deploy artificial intelligence ish their act? Jones. “Some of these may attract stood LSI. I lasted about 45 seconds. Source: MIT 2013 gated to dif ferent par ties with niche management to clients on all of our cases and not bother with The United States used to lead the the attention of the competition We have one guy in our organisation expertise. This “disaggregation” human reviewers at all? field. British firms would observe authority. Some may be referred who does, but it is incredibly com- brings choice and flexibility to the - calling the shots at The key is using both together, ef- Plan to track e-discovery and imitate. Not so easy these days. to the EU for a phase-two investi- plicated. You don’t need to under- Methods of tracking e-discovery document review document review buyers of legal services, and opens the helm and ensuring fectively. Our clients are in fact using gation. That process is the same as stand how it works.” organisations are currently using compared with those up opportunities for providers of predictive coding on most matters. e-disclosure, but needs to be done in The debate of single technology Currently track e-discovery specialist services such as contract However, so far in the UK, this has document review providers’ output is of a 28 days. When you have half a mil- vendor versus a bespoke combi- that plan to track e-discovery document review management and document review. mainly been as an added quality lion documents to sift through to nation of best-in-breed approach At Kroll Ontrack, we have experi- high standard check and/or to prioritise relevant Utilise sampling to track document 46% find the 5,000 or 10,000 documents remains unsettled. Vijay Rathour, enced this unbundling first-hand in documents to the front of the queue review accuracy or thoroughness 71% our e - dis c over y bu sine s s . We ex pa nd- The processes of e-discovery and for human review, but not to automat- you need that is a huge undertaking. vice president of investigations “We are looking to deploy this sort firm Stroz Friedberg, puts the case Compare review productivity and accuracy 23% ed our managed review service at the document review can now be carried ically select or eliminate them for dis- The most practical across multiple cases 50% beginning of this year by launching a out by real specialists, and this is clo s ure w it hin for mal litigation. It won’t of service to other situations where for the former. “A flexible range of new review facility in central London. done more cost effectively as pro- b e lon g until a ju d ge in t his juris diction they simply need to sift through technology-assisted tools is almost Compare review productivity and accuracy 15% advice I would give across multiple attorney review providers 43% Within the first five weeks, we have fessional document review experts approves full use of such technology large amounts of documents.” always more effective than a one- been inundated with requests from are less expensive than lawyers em- to carry out disclosure, creating the to lawyers is to roll Lawyers must study e-disclosure size-fits-all approach,” he says. Utilise software to measure individual 15% our clients and have had more than ployed by law firms to carry out a range ultimate legal efficiency. software to get the most from it. “The “While individual technologies are document reviewer productivity 29% 40 reviewers engaged in reviewing of functions, including advisory and up their sleeves most practical advice I would give less important than the combined Compare review productivity and accuracy 8% documents on a variety of matters. strategic work, as well as document to lawyers is to roll up their sleeves technological expertise, some pow- across multiple review software solutions 21% With the rise in cross-border litiga- review. Savvy lawyers do not see this and learn about and learn about e-discovery,” he erful new analytic technologies are 46% tion and investigations, many of the as a risk to their business. Rather, it’s says. “We put on seminars and hold emerging, beyond even the most re- Don't know/too soon to tell 0% Source: MIT 2013 ca s e s we wor k on now invol ve multiple an opportunity for lawyers to provide e-discovery events, which offer CPD [continuing cent generation of tar [tape archive] 1 RACONTEUR.NET LEGAL EFFICIENCY ONLINE: 1 RACONTEUR.NET i /COMPANY/RACONTEUR-MEDIA WWW.RACONTEUR.NET/LEGAL-EFFICIENCY-2015 i /COMPANY/RACONTEUR-MEDIA P18 f /RACONTEUR.NET f /RACONTEUR.NET P19 t @RACONTEUR t @RACONTEUR

Data Opinion What does big data Skilful analysis of big data not only mean to law firms? BUSINESS ADVANTAGE 6% 8% 11% 10% 14% informs law firms’ decision-making, Documents

but can also add value for clients, Client data AND LEGAL RISK as Jonathan Ames reports Firm data OF SOCIAL MEDIA Enterprise search Law Society Technology and Law Reference E-discovery Group chairman Peter Wright warns of dangers Analytics when businesses interact on social media Risk management

Storage Social media is all about users in- teracting and exchanging opinions Financials and views online, and the issue of POINT OF defamation has frequently been raised as a result. A dental practice was upset about the 1-star review one of their patients posted on the online comparison and feedback 15% 11% 9% 16% site Yelp. After contacting the patient and asking for the review to be amended or removed, the patient re- Source: ILTA 2014 here has been a stampede fused, resulting in the practice mak- Tin recent years for busi- ing a claim for defamation valued at INFORMATION nesses to engage signifi- £125,000 in lost business and costs. n the legal profession, Indeed, one law firm targeting trations of data analysis can be used Law firms' cantly on social media with their Meanwhile, guests at a hotel Idata used to mean – if big-data use is national practice to demonstrate to property clients big data plans potential markets. No longer is it in Blackpool were shocked to see the word was recognised Weightmans, which specialises how long leases in a large portfolio enough to advertise in tradition- their credit card was debited a size- at all – piles of paper client files in both those fields. “We are in- have to run, as well as detailing real forms of media – a presence on able fee – indeed a bigger fee than Source: ILTA 2014 stacked in cardboard boxes in creasingly looking at the data we newal terms and break clauses. 22% 62% Facebook, Twitter, WhatsApp or the original cost of their hotel stay dark, dank basements. hold to try to help clients under- “The clients may hold that data,” Snapchat is seen as essential to – after posting a bad review of the Now commercial law firms are stand things about their business Mr Whittle says, “but this is an add- demonstrate engagement with ex- hotel online. Widespread publicity increasingly grasping the concept they might not already be aware ed-value way of playing it back to isting and future customers. of the hotel, along with legal advice of big data, not least as an oppor- of,” says Stuart Whittle, the firm’s them in an easily understandable for- Massive numbers of users from that having a clause in their terms tunity to add value to clients in an information systems and opera- mat. We are doing the work for them.” both a business and private context and conditions alleging such a fee evermore competitive legal services tions director. Lawyers are quick to point out bring with them their own attendant would be debited from account de- environment. But data experts warn that clients’ needs vary and there legal risks. Social media users have tails retained following departure DATA EXPLOITATION they must be careful not to jump can be no uniform approach to en- found themselves mired in legal ac- from the hotel, might be both un- on to the bandwagon without first A qualified solicitor, who has hancing data. However, a growing tion as a result of threatening, abu- fair and unenforceable, led to the working out a strategy. moved to focus exclusively on theme from corporate clients is a sive or harassing behaviour, breach fee being refunded. A 2014 report by Birming- Weightmans’ IT efforts while re- desire to see greater predictability of copyright, trademark infringe- However, the number of clients in ham-based technology specialists maining an equity partner, Mr Whit- from their law firms around cost ment and even breaching the Data the service sector who state that un- C24 sounds a clear caution: “All too tle highlights defendant personal and outcomes. Protection Act, while others have fair and unwarranted complaints are often legal firms enter into business injury actions, road traffic accident “Law firms can look at their his- been dismissed from employment being made about their services online intelligence projects because of the cases and employer liability claims toric data on deal types for trends Don’t have a big or seen their businesses suffer as a suggests the issue of unfair online cus- hype surrounding big data, rather as being ripe for data exploitation. to establish that it should cost X data plan in place result of statements made online. tomer feedback harming a business than as a result of a true data re- “We assess trends over time by pounds to deliver a certain type Working on HMV faced an online backlash continues to grow in importance. quirement that has emerged within analysing the data,” he says. “We give of transaction,” says Dan Wright, formalising big after they took the decision to It is not surprising, given these the organisation.” insurance clients an indication of head of client service innovation data strategy make a large proportion of their well publicised risks, that many The first step for law firms en- what is happening; what the trends at mid-tier commercial law firm Already have a big head office staff redundant after businesses have been wary of entering the data jungle, according to are at the claims level. Where we have Osborne Clarke. data plan in place the organisation went into admin- gaging on social media. Indeed resource planning experts, is to col- a large number of claims in relation With that data analysis behind Don’t know istration, not realising that among lawyers are frequently put off from late the various sources and meth- to a specific client, we can say certain them, he says, firms can take a much 6% 10% those receiving their P45s that day engaging in social media for the ods of collection across a practice. things appear to be happening.” better informed view of resources was their Twitter account operator, same reasons, and legal advice and Those main routes include client required. “There will be greater gally problematic jurisdictions. tection Directive. Likewise, data who took to posting live updates on training on the legal issues sur- communications, such as e-mails, Practice definition around what we are going “Law firms need to be careful ending up with a cloud provider discontent in the office that day, rounding the use of social media is telephone conversations, even so- to do so clients can buy the service when contracting with IT providers in the United States is technically including the marketing manager not plentifully available as a result. cial media interaction. areas around they want to buy. The more granu- that they have provisions ensuring subject to the US Patriot Act 2001. frantically asking: “How do I take One way that lawyers in the UK Other channels involve various the public larity you have about what you are the data is not held in a jurisdiction That legislation can pose difficul- down Twitter?” He was the mar- have engaged online is through the technology applications, such as going to do and how you are going the firm doesn’t know about,” cau- ties for foreign clients with connec- keting manager – he really should Law Society’s #SolicitorHour ini- practice management systems. sectors and insurance to resource it – all of which comes tions Kenneth Mullen, intellectual tions in which the US authorities have known both how to log into tiative, which encourages lawyers Assessing the wider market is also companies are especially from an analysis of historic num- property and technology partner at have an investigative interest. his organisation’s social media ac- from a wide range of practice areas crucial, analysing trends with an bers – you can put a figure to the London firm Withers. But despite jurisdictional caveats, count and who was updating it on to engage on Twitter between 1pm eye trained on peaks and troughs ripe for exploitation client in terms of timings and costs,” The main issue is around the “pri- large law firms clearly view big data a daily basis. and 2pm every Tuesday and Thurs- in business activity and sector says Mr Wright. vate cloud” versus its “public” coun- as providing a competitive com- Social media account security day, and engage with the potential performance. Providing visual representations terpart. Law firms should eschew the mercial edge over a growing band has been a significant issue, with consumers of legal services who are CLOUD TRAP Law firms at the forefront of or- of data is especially helpful. “For latter as the data could be held any- of rivals, not least outsourced legal Burger King having their Twitter out there online. ganising and analysing client data institutional clients with employ- But dealing with big data is not a where in the world, with the firm kept process providers. As the C24 ana- account hacked by an attacker with There is clearly a business ad- to enhance their services are those ment issues, we can show them risk-free endeavour for law firms, in the dark about the venue. lysts reported: “It is a very exciting a sense of humour who posted nu- vantage in engaging with the mar- already handling highly commod- where the hotspot trends are – in with the main potential bear trap That could be a serious liability time for legal firms to capitalise on merous updates about McDonald’s ket online, but the clear risks make itised areas of work. Practice areas which areas they are being hit with being “the cloud”. Belying its ethe- issue for law firms as data original- the data they already have and see products and services, while chang- the business case for organisations around the public sectors and in- claims in a higher volume than they real moniker, cloud computing is ly collected in the European Union what better business decisions they ing the Twitter profile picture to an having clear policies and govern- surance companies are especially might expect,” he says. very much grounded in large serv- cannot be transferred out of the EU can take today for increased growth, image of the competitor’s famous ance in place, regulating how they ripe for exploitation. Likewise, web-based visual illus- ers, which are often situated in le- under provisions of the Data Pro- efficiency and security.” “golden arches”. interact online, unanswerable. 1 RACONTEUR.NET LEGAL EFFICIENCY ONLINE: 1 RACONTEUR.NET i /COMPANY/RACONTEUR-MEDIA WWW.RACONTEUR.NET/LEGAL-EFFICIENCY-2015 i /COMPANY/RACONTEUR-MEDIA P18 f /RACONTEUR.NET f /RACONTEUR.NET P19 t @RACONTEUR t @RACONTEUR

Data Opinion What does big data Skilful analysis of big data not only mean to law firms? BUSINESS ADVANTAGE 6% 8% 11% 10% 14% informs law firms’ decision-making, Documents