As we shifted from traditional office roles to COVID-induced remote work being the norm, businesses across most industries adjusted and adopted new policies and tools to stay afloat and, in some cases, succeed. Now, as lockdowns ease and restrictions change, 2021 finds us watching as more businesses move into a hybrid workplace.

A myriad of questions face organizations. Some of the major ones are concerns across the board, regardless of where in the world you’re located. Will your staff be willing and allowed to work in the physical office? How many companies will remain flexible about remote work? With findings showing that remote workers are more productive than they were in the office, most will likely offer the opportunity in the long run.

In fact, according to a report by Owl Labs, respondents felt that if they were no longer allowed to work remotely post-pandemic, 66% would stay but be less happy, 54% would stay in their roles, but be less willing to go the extra mile, and 44% would expect a salary increase.

A new strategy is needed

As more questions materialize, it’s time to formulate and implement a strategy for how best to support and manage employees to succeed in the new hybrid workplace. You dealt with the shift to remote work – can it really be that much more difficult? Short answer: yes.

“In a lot of ways it’s going to be more disruptive than when we went all remote,” said Brian Kropp, vice president of research at Gartner, to The Washington Post.  In short, Legal Ops plays a huge role in helping the rest of the organization address the issues that a hybrid workplace may face, from business continuity challenges to implementing effective automation at a time of confusion.

Legal Operations needs to prioritize building a legal tech stack that can securely and productively unite an ecosystem of in-house teams, outside counsel, and service providers. What are the essential technologies that can get you started on this path?

Legal Workflow and Process Automation

If your Legal Operations employees are disseminated across various locations and scenarios, it’s paramount to ensure that your work processes are efficient, collaborative, and trackable (in case of a future audit). This means it falls to legal ops to implement the right technology – i.e., workflow and process automation to unite the hybrid workforce around optimized, digitized processes.

An end-to-end automation solution that spans your organization and covers all of its needs is ideal, particularly one with legal and operational best practices and security measures embedded within it. The effectiveness of your hybrid workforce greatly depends on workflow automation. Your technology solution should offer flexibility, ease of use, and transparency.

Enterprise Legal Management

Efficiency has taken on a whole new level of importance post-pandemic, and it’s crucial to cast an eye over your daily operations and reevaluate each one, especially through the lens of information governance. An effective ELM solution should support an array of corporate legal needs, ranging from matter management to spend management and much more.

An ELM should provide a centralized matter management capability. This is of paramount importance in managing multiple matters being handled by far-flung staff.  Also, your ELM should also be your single source of truth for all your legal matters. In this new hybrid environment, all your Legal Ops team members need equal and immediate access to materials, documents, status updates, and so on. Having disconnected systems for information retrieval will result in wasted time, effort, and money.

That’s why your ELM should also enable a complete audit trail of all changes made to information assets or documents, mitigating compliance and security risks.

Expanded Integration Capabilities

As work-from-anywhere becomes the norm, collaboration tools have experienced a surge in popularity. You would be hard-pressed to find an organization that doesn’t currently use Slack, Microsoft Teams, or a similar platform for internal and/or external communications.

As the number of collaboration tools and platforms increases, it’s crucial that your solution offers expanded integration capabilities to let it work seamlessly with them – particularly in the case of workflow automation.  Not only does this help ensure efficiency across the board, it gives greater functionality to your legal tech stack since the right workflow automation solution will connect and accelerate other solutions, even legacy platforms.

Addressing the needs of hybrid Legal Ops

There are three major “must-haves” that Legal Ops needs to consider as it assesses technologies to support hybrid working environments. The first is flexibility– your technology solution should be able to easily accommodate different scenarios as they arise, especially ones as unique as we have experienced in the past year. Second, your solution should be agile and able to pivot quickly to address these scenarios. Finally, your Legal Operations team should ensure that any solution adopted supports business continuity. Whatever operational or organizational changes may happen, or disruptions occur, your tech tools should always enable you to keep fulfilling the legal objectives and strategy of your enterprise.

The three technologies we’ve covered are crucial, but they’re just the tip of the iceberg. Watch our sponsor session, “Justin Time! The Legal Ops Ecosystem of Today and Tomorrow” at CLOC Global Institute on Wednesday, May 12th at 9:00 AM-10:00 AM PT. The virtual session will address the cornerstone technologies that make sense for legal ops to adopt to meet near-term needs, and future solutions that incorporate collaboration tools, big data, and machine learning for the long haul.

The role of the modern Legal Operations professional is evolving rapidly. Not that long ago, agreements were stored in shared folders or worse, in physical filing cabinets, and signatures were inked with actual pens further delaying the process. Today, however, the demands placed on Legal Ops have necessitated change. Because Legal Ops touches every department, from Procurement to Sales, these professionals look to technology as a way to keep up with the growing expectation placed on them to do more with less. Where once Legal was more cautious to embrace technology, today they are embracing it with ever-increasing enthusiasm to bridge the gap across their organization and reduce repetitive, time-consuming tasks that are better suited for automation.

Jumping into the Deep End of the Pool

It can be tempting to jump in to a new technology solution straight away when you want to introduce automation. However, you should start by thoroughly understanding the current processes you want to automate and what you want your future processes to look like. Just as you wouldn’t put on a bathing suit and jump into the deep end of a pool without knowing how to swim, in the same way, you need to begin by identifying what you need to streamline and automate before you can actually do so.

Where to Begin

Here are some practical points to consider when building out your technology requirements.

• Ask yourself where things can be streamlined and improved.
• Identify what entities and departments truly need to be involved in these processes.
• Determine if a new system is needed or an existing one can help.
• Consider what integrations you want with your existing business systems. Keeping users connected to the technology they already love will help ease change management strain and increase user adoption rates.

Templates, Templates Everywhere

A significant area of automation focus for many Legal teams right now is contract management. The number and type of agreements within your organization is likely increasing, and it’s common for business teams within your company to struggle knowing which template they should be using when requesting a contract. A CLM solution can help. Auto-template selection can streamline the contract request experience using a few key data fields that are linked to the correct contract template, and then route it to the appropriate approvers. This type of contract automation can relieve the burden placed on Legal to get involved in every single agreement and free up their time to focus on more strategic initiatives.

Speeding the Signature Process

Signature is another area that can get slow things down. Even with e-signature, the process doesn’t always go smoothly. Especially in a large organization depending on factors like region, entity, department, or contract value, agreements require different signatories. Routing agreements to the right individuals can be time-consuming and potentially fraught with error. By automating the signatory hierarchy in your contract management solution, you can ensure that the correct person is signing each agreement every time, building efficiency into the process and providing compliance peace of mind.

One CLM to Rule Them All

As you consider which CLM solution will help to streamline your contract processes, it may seem impossible that you can find one to work for every part of your organization. However, there are ways to find one solution.

• Involve stakeholders early and often, even bordering on overcommunication when choosing a solution. Solicit feedback using surveys to make sure the product is meeting user needs.
• Keep all   requirements in mind. Be sure to identify what stakeholders need, such as who needs to be notified and when. This will help you navigate involving each party in agreement workflows and not bothering them when unnecessary.
• Select a solution that is flexible enough to be configured to meet the needs of various use cases. Ultimately, the more flexible the solution is, the easier it will be to keep your stakeholders happy.
• Provide plenty of training as it will help in overcoming resistance to change. People learn in different ways, so give them a variety of outlets to help them get accustomed to the new solution (e.g. user guides, training videos, and office hours).

Looking Ahead – Metrics Rule!

Once you have contract automation in place,  you’re ready to measure  success and see where additional efficiencies might be needed. Helpful metrics include:

• How often you are using your own paper versus third-party paper?
• How many people route signatures through your CLM?
• How long is your average cycle time?
• How many contracts need Legal involvement and how many do not?
• How many times are you using standard language instead of non-standard?
• Is your contract volume changing month-to-month?

Automatic reporting on these key performance indicators (KPIs) can help determine where improvements are needed. And let’s not forget that having these KPIs often helps you justify additional spend or resources as you grow.

About Malbek

Malbek is today’s most modern, cutting-edge, and AI-infused CLM solution that empowers Legal Ops professionals to do more with less. By supporting the growing contracting demands of your entire enterprise, including Sales, Finance, Procurement and other critical business units, Malbek’s CLM solution delights every user. Malbek provides end-to-end contract management with out-of-the-box integration to popular business applications, like Salesforce, Coupa, Workday, Slack and others, allowing your contract data to flow seamlessly while dramatically reducing cycle times. That’s contracts reimagined! To learn more visit www.malbek.io.

Recently, I had an opportunity to sit down with Eric Ortman, the senior director of legal operations at BeiGene.  

If you’re not familiar with BeiGene, their work is pretty inspiring: in pursuit of the next generation of cancer treatments, they are taking a truly global approach to their research. They have trials running across five continents, with major operations in Australia, China, and the U.S. Their company motto says it all: “Cancer has no borders. Neither do we.” 

This cross-border work doesn’t begin and end with research. BeiGene’s legal department is constantly looking for ways it, too, can work seamlessly across borders so they can support the company’s mission—an effort that Eric and the legal ops team must support through better systems and processes. 

In my conversation with Eric at the 2021 CLOC Global Summit entitled “Contracting without Borders”, Eric noted, for example, the compliance requirements around contracting that the legal department must comply with across the many jurisdictions BeiGene operates in. 

“There are some ways of doing business and also legal issues that vary between the U.S., China, Australia, Europe, and so we needed to make sure that certain contract workflows were designed to support business processes in each jurisdiction,” Eric said. 

Leveraging CLOC Competencies to Work Globally 

Historically, a company may approach this challenge by setting up small legal teams in each country that operate independently, with little effort put toward comparing performance or best practices across geographies. 

However, by leveraging one core CLOC competency—Technology—Eric and his team have been able to leverage another—Business Intelligence. 

CLOC notes that Business Intelligence allows Legal Ops to “Uncover hidden trends, find new efficiencies, and focus your team on clear and measurable outcomes that make a difference to the business.”  

Contracts define what a company buys, what it sells, and how it runs. When managed correctly, contract data can provide high-value insights to the business—call it “contract intelligence.” These insights range from the fairly straightforward (e.g., how long does it take for a contract to get approved) to the highly complex (e.g., which clauses are associated with better business outcomes post-execution).  

From a compliance standpoint, Eric noted the importance of being able to pool data in order to quickly report out on what contracts fall under various regulations due to their component parts. 

“When we have someone from a regulatory agency, say the FDA comes in, and they want to see a list of the contracts that are related to a specific study, you’ve to be able to quickly run that report, and prepare that, and share that list,” Eric says. 

Given the global nature of BeiGene’s operations and the local considerations of its contracts, creating a single source of truth for this business intelligence required legal ops to take a different approach to managing its agreements. 

This is where leveraging the CLOC Core Competency, Technology, came into play. 

How Contract Management Software Helped BeiGene Realize Its Vision  

CLOC recommends legal ops departments use technology to “automate manual processes, digitize physical tasks, and improve speed and quality through the strategic deployment of technology solutions.” 

Eric shared with me that, when he arrived at BeiGene, the fast-growing company did not have a contract lifecycle management (CLM) system in place. Eric immediately identified CLM as a critical asset for BeiGene to unify its global contracting operations due to its ability to harmonize processes across geographies and create a system of intelligence for all of a company’s entitlements and commitments.  

Advanced CLM pushes beyond contract management and ensures that all agreements are in compliance and commitments are upheld, that changing conditions dynamically trigger the appropriate actions, that high-value insights are available in real time, and that new information makes the whole system increasingly smarter and faster. 

Deploying Technology Solutions to Last 

Importantly, one piece of guidance CLOC provides on technology is to “create and implement a long-term technology roadmap.” 

Too often, companies embarking on a CLM journey choose a rudimentary solution that can be stood up fast, avoiding a comprehensive solution they perceive will take years to implement. 

BeiGene’s story demonstrates why this is a short-sighted choice. When it set out to choose a contract management platform, it did not just look at what it needed in the immediate term but took the time to scope out what it ultimately wanted from the solution in the years to come. It crafted this ambitious plan by bringing together a diverse set of stakeholders: What did the clinical trials team need from a CLM? What about compliance? What about the marketing team that engaged doctors to speak on behalf of their therapies? 

“There is nothing more important for us than making sure those clinical trial agreements are operating smoothly. And so I brought in people from the clin-ops team who are working on those clinical trial agreements to work very closely with us on the design to help us to develop the requirements,” Eric said. A recent study conducted by Forrester Research validated the benefits of this approach, finding “that firms who involve coalitions of C-suite stakeholders in CLM decision-making and have more fully integrated solutions are better prepared and more confident in managing rapid change.” 

Notwithstanding this benefit, managing a large coalition of stakeholders can sound daunting and unwieldy, raising the specter of project scope spinning out of control. Yet Eric and the legal ops team were systematic in their approach, knowing that while a solution should be able to address needs across multiple functions, deployment of solutions would be incremental, with firm priorities and milestones. They broke the deployment into stage gates that have enabled them to iterate and create champions as they expand to more departments and agreement types—with learning and feedback occurring throughout. 

Of course, there is always more work to be done. Eric notes that as BeiGene’s adoption matures, he looks forward to trading best practices with other like-minded LDOs within pharma and life sciences. This type of networking will only improve CLM processes and practices for the industry. 

Today, thanks to the efforts of legal ops, BeiGene has a global approach to contracts that matches its global fight against cancer. 

About Icertis: With unmatched technology and category-defining innovation, Icertis pushes the boundaries of what’s possible with contract lifecycle management (CLM). The AI-powered, analyst-validated Icertis Contract Intelligence (ICI) platform turns contracts from static documents into strategic advantage by structuring and connecting the critical contract information that defines how an organization runs. Today, the world’s most iconic brands and disruptive innovators trust Icertis to govern the rights and commitments in their 7.5 million+ contracts worth more than $1 trillion, in 40+ languages and 90+ countries. Find out more at https://www.icertis.com  

If there is one thing that no legal professional wants to hear as they endeavor to ‘return to normal’ from COVID-19s, it is that there will likely be another contagion — or calamity — that requires legal teams to shift their legal operations altogether. However, it is our job — as legal, risk and compliance professionals — to consistently prepare for changes in the marketplace and the rest of the world.  Ask yourself, then, if you started to think seriously about legal digital transformation in preparation for that next large-scale crisis. 

When the so-called ‘coronacrisis’ hit, I was the in-house general counsel (GC) for a New York City-based multinational technology company, which provides artificial intelligence, cognitive, and autonomic solutions to other global businesses. One key element in the organization’s survival was the successful adoption and implementation of an advanced, end-to-end contract management system (CMS). It  did not have anything closely resembling a CMS, which prioritizes the needs of the corporate legal team, when I joined the company in 2015.  

A CMS makes contracts and related documents readily accessible, no matter where you are — so long as you have internet access, of course. It allows in-house corporate attorneys to remain productive pretty much anywhere in the world, at any given time. It prevents the office-bound issues that inflict misery on companies — being perpetually stuck in manual contracting mode or using herky-jerky legal technology! 

But how do legal departments and operations begin their digital transformation journey and encourage user adoption in the first place? During my time as a GC — with more than a modicum of tech savvy — I have used best practices to improve contract management processes and methodologies, increase overall productivity, and ensure business continuity during times of crisis. Here are four critical success factors: 

Realizing the Legal Team’s Role 

The role of legal teams in selecting, implementing, and customizing a contract management solution can never be understated. When legal is not involved in the selection and rollout, the project is most likely doomed. The importance of legal professionals embracing the solution wholeheartedly cannot be stressed enough either. If they are not comfortable using the system, the rest of the company will not be either.  

Naturally, legal teams do not have to handle every single step, but they do need to have a hand in creating the company’s vision for the CMS. They can then assign others, who have proverbial ‘skin in the game,’ to handle other parts of the digital transformation project. 

Valuing the Engagement Manager 

Although legal teams must be invested in the decision-making around a new CMS, engagement managers’ involvement is vital as well. For the most part, engagement managers are people who can say confidently, “Here is what I want to see happening.” They show business teams how to configure what they truly want out of their new software and facilitate communications between each. It is not nearly enough for a paralegal, for example, to merely run with it as is. Companies, whether medium- or large-sized, require sound expertise and ongoing technical support. They also need users who can test — and retest — the new solution to see if it meets the business use cases. 

A word of warning, though: the legal team must continue to have a stake in the project. That is because a fully configured application must work for lawyers, first and foremost, while supporting other users in sales, finance, or IT when necessary. With an effectively implemented contract management platform, basically, “you adapt to it, or it adapts to you.” 

Defining CMS Needs 

It is true, though, that most GCs and legal executives will say they just “don’t have the time” to define what they need at the outset of a digital transformation project. But they will end up getting “whatever works” if they do not. Accordingly, they should invest some of their time in the software selection process. After all, they will not have nearly as much of it when they have to constantly adjust the software to mirror their business processes.  

The question then becomes whether GCs and legal executives should be involved in decisions around users’ experience, digital workflows, and other lovely technical details. My answer to that is, “yes — 100 percent!” Even if they do not describe themselves as a technologist, they need to help define the look and feel, capabilities, and other aspects of the CMS. They need to get to the point where there is project buy-in from stakeholders. 

Alternatively, if they allow a technology vendor to do all of the above instead, they will get the kind of general practices that work across many other companies. This is perfectly fine, of course, if they ask the vendor to recommend best practices. However, general practices and vendor recommendations do not always reflect companies’ unique business processes. GCs and legal executives should be involved in communicating their wants, needs, and individual practices, accordingly. 

Getting Even More Involved 

In the context of selecting and implementing a CMS, ‘getting involved’ really means being an active project participant from the very beginning to the end. This significantly improves the chances that a legal digital transformation will be successful for legal and other teams. Participants’ questions for vendors should revolve around software capabilities — not only from a corporate legal perspective, but also from those of their business colleagues. Their close working relationships with customer success managers should not only be established, but also maintained. 

When they are engaged fully and ask the right questions, it helps deliver the results that legal departments and operations demand and deserve.  

Starting Your Legal Digital Transformation Journey 

Ultimately, deploying a contract management solution makes contracting easier at just about every level. The further along you are in your legal digital transformation, the less human intervention is needed for contract assembly, review, and analysis, as well as other functions. What this translates into is increased efficiency, enhanced agility, and — better yet — improved business continuity. It prevents legal professionals from falling way behind. Say, for example, in the middle of a global pandemic.  

With these implementation best practices in mind — and a powerful digital tool in hand — GCs and legal executives can begin to increase the value they bring to the table and take on some of the biggest organizational challenges, both today and in the future. They can aspire to use a framework like CLOC’s 12 core competencies for legal operations, reaching new levels of optimization and maturity.  

Learn More from ContractPodAi 

Do you want to find out how legal digital transformation can help you to be more flexible, both operationally and commercially? At the CLOC 2021 Global Institute, ContractPodAi was joined by Steve Rigler, Inmarsat’s Director of Contract Operations. Together, we discussed how Inmarsat went about streamlining and simplifying its day-to-day contract management.  

If you didn’t catch it during the live event, make sure to watch the discussion on-demand. To find out more about ContractPodAi and legal document management platforms, please contact us.  

By Katy Murson

Late last year, CLOC hosted a virtual Global Institute where legal professionals had the opportunity to share their experiences and collaborate on topics about the business of law. This event was CLOC’s first online Institute and the interest was shattering with over 1,400 attendees worldwide.  This past year has been challenging due to the pandemic, which is the reason this virtual platform was essential for professionals to adapt and network. I was a recipient of the CLOC Scholarship Award last year and was truly grateful that I was able to virtually connect with others in our field.

I was thrilled when CLOC asked me to moderate a training and development roundtable discussion on Developing a Diverse Legal Team. The experience was incredible, and the information shared by our esteemed legal operations’ professionals was relatable to all participants. I’m sure most professionals can understand the complexity involved with onboarding new employees. This discussion was empowering, and it addressed many issues that leaders have challenges with while developing their teams. In fact, an hour was not nearly enough time for us to dive into this subject.

Effective training builds a successful team that implements consistent practices for employees located all over the globe. As an up-and-coming leader in the legal operations field, the Institute was a valuable experience for me to obtain advice and information from other distinguished leaders. I have always been nervous speaking in front of a public audience. You can laugh, but thousands of eyeballs staring up at me in the spotlight makes me uneasy. This is a challenge I have faced my entire life (even though I can successfully host meetings and training workshops for my colleagues across the globe). The Institute was a happy medium for me because it allowed me to share my experiences with other professionals in a comfortable and welcoming forum. Each time gets easier and moderating at the Institute helped me realize that I am a valued member of our legal operations community. The ability to network and connect with individuals that have different backgrounds and cultures is an asset for those in our field. There are so many unique perspectives and fresh ideas that help us to succeed and challenge one another in an unbiased environment.

The roundtable discussions were creative in the sense that they encouraged attendees to actively participate in the discussion. It has been my experience that conferences usually feature key speakers and there are limitations for the attendees to participate. The Institute had a wide array of key speakers and moderated discussions on all sorts of topics, which kept it interesting throughout the day.

The Institute also had an exhibitor hall that featured many key technology solution providers. Access to these providers was crucial as technology has a huge impact in the success of Legal Operations. It is always exciting to see what vendors have to offer and research different technology providers to find solutions for real issues. It was nice to see all the providers on one page where we could preview the solutions and key aspects of their products.  

Leadership comes in all different styles, but I believe that one major factor is influence. Successful leaders have the ability to influence change and achieve goals. We all play a role as leaders in some aspect of our lives, both professionally and personally. The Institute was an effective platform to maintain awareness of current initiatives that are being showcased in our field. It is safe to say that as leaders we all influence each other, and we rely on the support of our community to effectuate change and help one another achieve our goals. CLOC certainly brings us together with one interest in mind . . . legal operations.

This was the first time I attended a CLOC Institute and it was exciting to be able to learn and connect with other legal operations’ professionals from the comfort of my own home. I am looking forward to this year’s CLOC event and hopefully I will have the opportunity to connect with some new faces.

About the author: Katy Murson is Manager of Developed Markets – North America in Global Legal Operations at Viatris Inc. Katy builds strategic partnerships between corporate functions and the legal department at a global pharmaceutical company. As a Legal Operations professional, Katy’s primary objective is to explore technology and identify processes to increase functionality, equip efficient measures, enable system management and support, and provide cost savings for her company. This field has provided her with the ability to cultivate her strengths and increase her skills related to process support, project management, analytics, and organizational efficiencies. Prior to joining Viatris, Katy was employed as a Workers’ Compensation and Social Security Disability Paralegal. That position allowed her to advocate for others and to gain law firm experience at the administrative level. Katy has based her professional career upon honesty and versatility, which creates strong partnerships and allows for critical transformations within an organization.

On May 1, I officially assumed the helm as President of CLOC, the world’s largest and most respected peer association promoting and supporting the legal operations ecosystem. I am humbled to be selected for the role, honored at the opportunity to build upon the work of great leaders before me, and excited to serve a trillion-dollar industry whose progress is essential to a civilized and just global society. It must have been an easy decision to accept the appointment, right?

Not exactly. Before agreeing to step up, I spent considerable time asking myself a simple question: “Why me?” I would be thrilled to see another diverse leader in the role. I already have a busy day job (that I love) and steering the CLOC ship will eat into precious free time. Despite my knee-jerk reaction to dive in without testing the water temperature, given these second thoughts I had to consider carefully whether accepting the additional responsibility was the right decision.

Having been involved with CLOC since the beginning, and on the board of directors for the past two years, I understand and believe deeply in CLOC’s vision. I have a vested interest in the success of the organization and our community. But I needed to wrap my head around why me. I needed to define my personal “why” to truly make sense of it all and ensure that I was making the best decision for the thousands of people and companies who are stakeholders in CLOC’s success.

After analyzing my “why,” I’m all in. At the highest level, I decided to accept the weight of a global movement on my shoulders because I want to give back to an industry that has done so much for me. Indeed, that is why I dove in to CLOC in the first-place years ago. But my decision to lead this wonderful organization into the next phase of its journey to transform the business of law has a deeper layer. My personal “why” for serving as President of CLOC consists of three elements underpinning the desire to give back.

Sense of Duty to Carry the Torch

First, I care deeply about all the people in our community. I want to honor and support them, as they have given so much of themselves in sacrifice for the greater good. At its core, CLOC is about sharing best practices and helping each other solve problems. We would not be where we are as legal operations professionals, as an organization, or as a legal industry today if not for the generous contributions of our members. They deserve a share of my nights and weekends, and I am happy to give it to them.

In this new role, I am a steward of the vision of the great people who founded and stood up CLOC. This is a high honor. Their efforts and sacrifices must not wither away in vain. I refuse to allow the work of our legendary founders and leaders go to waste. They have built something big – a community greater than the sum of its parts – and we have only just begun to reap the fruits of their labor. The opportunity to honor the struggles and successes of these pioneers by continuing their mission and taking it to the next level was too profound to pass.

I am grateful that several of these amazing founders remain on the CLOC board and encouraged me to take on the lead role. I also am grateful for the next generation of leaders, who are as committed as I am to the success of our community and future of our industry. We know that we were handed something special and have a lot of work to do to build on it. Together, we will roll up our sleeves and propel CLOC into the next phase of legal transformation.

Passion for Fanning the Flame

The idea of moving forward and taking CLOC to the next level leads to the second element of my personal “why.” I am passionate about adding oxygen to the flame lit by our founders and making it shine even brighter. This means expanding our mission and our focus into critical new areas.

In its first five years, CLOC has focused primarily on promoting the evolution of legal operations through education and support of in-house professionals who in turn brought game-changing operational improvements to their corporate legal departments. We have pushed for progress in areas such as process improvement, digital transformation, and data analysis – things I consider to be “matters of the mind.” This was a critical phase in our evolution. It facilitated the explosion of the field into what it is today.

Now, we must broaden our focus to put what I call “matters of the heart” – values such as inclusion, equity, justice, empathy – front and center on our agenda. This is what our industry needs now. We must unite as an ecosystem. We must bring more people to the table. We must ensure that those people come from diverse backgrounds and experiences.

Coming out of the pandemic, we find ourselves in a different place as a society than we were in early 2020. The past year has taught us many lessons. Among them, we were reminded that we are stronger together than we are as individuals. This applies to progress in our industry just as it does society as a whole. When we work together and push collectively for fairer, better outcomes for all, we can make a real impact.

CLOC began to take steps in this direction even before the pandemic hit by giving law firms a seat at the table, then took a step further by creating the ecosystem membership. It is critical that we double down on those efforts, encouraging all people in the legal ecosystem to join our crusade and work together to transform legal into a more accessible, diverse, practical, and efficient industry. Our collective future depends on it.

Charting Our Course for the Future

The third component of my personal “why” is sheer excitement about where we are going as an industry and the opportunity for CLOC to make a profound impact on the journey. We are at an inflection point in history. The pandemic, advancements in technology, a focus on efficiency, and the demand for diversity, equity and inclusion have created the perfect storm for change. CLOC has become a powerful force in the industry and is well positioned to lead. It is vital that we continue to rethink our strategy roadmap to ensure that we are addressing these important issues of our time.

As we continue to develop our functional maturity, it is important that we continue to look within ourselves and ensure we have the organizational maturity to support our responsibilities to our community and industry. In this regard we have come a long way in the past year, adding our esteemed Executive Director, Betsi Roach, and an excellent staff of committed professionals to handle the day-to-day business of CLOC. Still, we have more to do.

As part of our next chapter, we need to include more of our members – including ecosystem members – in the leadership of this organization. We must elevate our regional leaders and give them more opportunities to impact our direction. We must find more ways to highlight the great work and innovation of all our members, to help them achieve success on a personal, organizational and industry level. I could not be more excited to tackle these challenges and help move CLOC forward.

* * *

When I started with “why” it became abundantly clear that, despite my reservations, taking on the responsibility as CLOC’s next President was the right thing to do. Now that I’m in role, it is time to shift my thoughts away from personal reasons and lean into CLOC’s “why,” “how,” and “what.” Why do we want to transform as an industry? How should we go about it? What specifically are we trying to accomplish? These are important questions in sequence, and throughout my term as President I will be posting regularly to ensure transparency in CLOC’s vision, mission, and progress.

Meanwhile, we have a great program on tap for the CLOC Global Institute starting on May 10. I hope you can attend and be a part of history as we move into CLOC 3.0 and our post-pandemic future.

Thank you for your confidence in me. Onward and upward!

Read the full message here.

We begin this new year in gratitude for this community. The qualities that have always defined CLOC members – innovation, resilience, and a willingness to support others – were on full display in a turbulent, challenging 2020. Our community stepped up, driving our volunteer programs and working hard to find creative answers to our shared problems. We are so appreciative of all of you who contribute your time, energy, and ideas to advancing the cause of legal operations. You remind us that CLOC is so much more than an organization – it is a global movement, powered by the amazing people of this community.

For all its chaos and unpredictability, 2020 was a great year for CLOC. As COVID upended our world, we were forced to scrap our plans, canceling live events and programs. We changed to fit the world around us and to better reach and serve our most important constituents: our members. We adjusted our approach and our organization, strengthening our leadership and professional staff while shifting to digital engagement and virtual programs. We grew our member base and international presence, took big steps forward in redefining our digital experience, and delivered our first ever all-virtual Global Institute.

2021 promises to be just as momentous for our community and our industry. We can expect the most influential factors of the past year – the global shift to a work-from-home model, the increasing pressure on corporate budgets, and the rising emphasis on social justice and representation – to continue to shape our world. After years of slow progress, we are now seeing change at an unprecedented pace and scale.
We are changing too, expanding our membership programs to grow our community and serve more of our ecosystem.

We thrive on transformation. Our mission – to redefine the business of law – is more urgent and relevant than ever. This community has always been about creating and harnessing change. While none of us can say what the future holds, you can be sure that CLOC will have a big role in shaping and improving the Legal industry of tomorrow.

Continue reading the full 2021 Leadership Message >

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The current environment has triggered uncertainty and has accelerated change in law departments in struggling and thriving industries. To best manage an ever-changing environment and, at the same time, advance their evolution, law departments must embrace three critical characteristics: they must be agile, value-centric, and tech-enabled. The foundation for this future state is a mature and data-driven legal operations program.

Agile: Nimble, Responsive, and Proactive

Only one thing is evident during the pandemic: everything you think you know will change—and probably more than once. Returning to the office is just one example of that uncertainty: in roundtables over the last several months, HBR asked law department leaders what percentage of their employees they expect to return to the office in 2021. Over the previous quarter, an increasing number of law department leaders anticipate less than half of their department members return to the office in 2021.

To respond to the ever-shifting environment and clients’ ever-changing needs, law departments must be agile and responsive, continually flexing to meet emerging areas of need. The ability to be responsive to emerging client needs requires effectively allocating and empowering resources in an organizational framework.

Alignment with client needs. While the practice of law is often reactive, there is now a heightened need for structured, proactive alignment with client priorities. Business needs to address a variety of new or urgent priorities quickly.

Leverage model. With the appropriate mix of experience within their attorney ranks and the proper allocation of non-attorney resources, law departments can easily assign work to the right resource level. With the right mix doing the appropriate work, productivity will increase, costs will be lower, and employees will be more engaged.

Organization structure. Concentrating repetitive work such as contracts or research into centralized resource groups (centers of excellence) can allow other resources to flex to areas of need that require more nuanced support.

Resource empowerment. Agile law departments have a culture that empowers individuals and teams to make decisions and react quickly in a fluid environment. Ongoing professional development and cross-training will give team members the skills and knowledge to be confident. In the current climate, creative and continued employee engagement is also critical.

Value Centric: Emphasizing Value While Managing Cost

Value-centric means ensuring that a department’s resources, internal and external, are focused on the highest value tasks and activities. Value centric law departments analyze the work to be done, optimize the processes for performing it, rationalize external spend on law firms and other service providers, and monitor their performance.

In the current environment, cost is a significant value consideration for law departments. Our roundtable polls indicate that law department operations leaders’ priorities have shifted since the onset of the pandemic. In April, talent-related issues were top of mind, as departments scrambled to adjust to the work-from-home environment. By June, the top priority was cost management, even in industries less adversely affected by the pandemic.

Internal value. With new work and personal issues drawing on people’s time, law departments need to maximize their leverage models’ effectiveness, finding new ways of working, and focusing on the highest value activities and tasks. Increasingly, forward-looking departments are working to track and monitor team activity to ensure the department focuses on the highest value work.

External value. To maximize the value received from outside counsel, law departments tighten their partnerships with existing preferred panel firms and rationalize which firms they choose to use based on the alignment between cost and the value received. When reviewing RFPs, leading law departments look for differentiating value—external providers’ opportunity to demonstrate their understanding of client needs.

Tech Enabled: Supporting Agility, Value Centricity and More

The current environment has brought technology to the forefront – technology tools have helped some departments thrive while others have recognized their deficiencies. Technology can drive efficiency, improve decision making, and consistency in delivering legal support and services, including providing underlying support and measurement for departments’ efforts to be agile and value-centric. But with the proliferation of available technology tools and cost management pressures, it is essential for law departments to ensure that their legal tech stack is (a) aligned with their strategic objectives and (b) adopted by end-users to provide its intended value.

Alignment with strategic objectives. Law departments should continually recalibrate their legal technology strategy, aligning technology strategy with the department’s overall strategy. In the current environment, that alignment includes taking into account the “new normal,” such as working from home and enforcing controls more effectively. Still, it is crucial not to lose sight of longer-term strategic goals.

Enabling technology tools should be right-sized for their intended purpose and support efficient processes, consistent tracking, and robust reporting. Generally, a law department’s operational model should leverage an enterprise legal management (ELM) system as one of its central tools, supported by additional tools to address practice area-specific needs. For example, while transactional functions have sometimes felt underserved by traditional, litigation-focused technology, leading law departments are now leveraging workflow and contract lifecycle management (CLM) technology to serve transactional functions better. HBR’s roundtable discussions indicate that law departments are currently prioritizing analytics tools and workflow tools instead of more nascent technology such as AI. Analytic tools can facilitate decision-making regarding spending, resource allocation, and more, and workflow tools can help a department more agilely, timely, and equitably respond to client needs.

Maximizing investment through adoption.

Based on HBR’s roundtable discussions, we find that most law departments focus on maximizing their existing investments—completing implementations and working to ensure adoption by end-users to justify the investment. Most roundtable participants are currently seeing a significant or moderate uptick in user adoption (necessity can drive use), but much of the information they gather is anecdotal or based solely on log-ins. To understand the actual level of adoption, law departments must measure actual usage and monitor relevance. As a result, HBR and others are developing new tools to help law departments better track how users are interacting with legal technology.

Conclusion  

To continue to evolve, law departments must be proactive in shaping their future, taking a strategic, forward-looking view. The concepts presented here are not new, but the current environment offers a unique opportunity to accelerate the evolution towards becoming agile, value-centric, and tech-enabled law departments of the future. Simply reacting to the pandemic’s challenges and its fallout is not enough—seize the moment because the future is now.

By Brian McGovern

It used to be that there were good – though not existential – business reasons to create a technology roadmap for the legal department. When developing such a roadmap, one criterion upon which legal operations evaluated legal tech products, in addition to their ROI performance, was their ability to deliver value for an extended duration. Still, developing a technology roadmap hardly seemed like a life-or-death concern. That was pre-COVID-19.  

Today, organizations find themselves with urgent, immediate reasons to put that roadmap in place. 

Why? Because technology is, of course, one of the three pillars of operational success, alongside people and process.  And people and processes have been disrupted during this pandemic. How the legal department/organization’s technology behaves in this new normal will either sustain or pose a risk to business continuity. Therefore, the legal tech stack’s ability to help support business continuity during periods of profound disruption is required. The legal ops team must build a legal tech stack that enables the legal department and the organization to adjust to predictable and unanticipated disruptions. 

When building a legal tech stack capable of delivering both bottom-line business value and resilience over the long term, keep these best practices in mind.

Avoid being reactive

It’s not easy: At a time like this, it’s very tempting to make technology decisions based on the immediate demands placed upon your department and organization. 

Last year, a study by Hyperion Global Partners found that 39% of tech investment decisions were strategic, with an eye on long-term value, and guided by understanding the need to integrate technology with operational requirements.  However, 35% of tech investment decisions were reactive, spurred by the arrival of new versions of legacy software, shiny new technologies, or other “perfunctory factors” like changes in the technology market. 

I’d suggest that 2020 legal tech stack purchase decisions run the risk of being very reactive due to the pandemic’s challenges, including most if not all employees working from home.  Rather than merely adopting “quick fixes,” though, you need to consider whether or not a solution has the flexibility and scalability to deliver value beyond the immediate circumstances.   

Put a data strategy in place first

According to bestselling author Bernard Marr, 

“Data is revolutionizing the way we all do business. Every business is now a data business and needs a robust Data Strategy. However, less than 0.5% of all data is ever analyzed and used, offering huge potential for organizations when trying to leverage this key strategic asset.” 

Legal departments possess a staggering amount of data. Still, it may be silo’ed or located in disparate locations – from emails to matter files to personal databases – so putting it to use can be difficult.  It’s crucial to develop a comprehensive data strategy that aligns with business objectives, resulting in meaningful legal metrics to drive better decision-making, better outcomes, and maximum business value.

Your legal tech stack should support that strategy and be built around collecting, managing, analyzing, and reporting the correct data to execute it. Don’t make a technology investment unless it supports that strategy.  The tail shouldn’t wag the dog, but that’s what’s happening if the technologies you’ve deployed are dictating your data strategy.  A lousy tech investment decision made because there was no data strategy in place can hang over your head – and drag on your KPIs – for a long time to come.

Accelerate your power to pivot

No matter how sophisticated a company’s tech stack may seem, it has to support efficient and agile processes to sustain business continuity during “normal” times and crises.  

Therefore, process automation must be a cornerstone technology for a legal tech stack.  It empowers legal ops teams to quickly and easily design, build, and deploy processes that are incredibly cost-effective and error-free, which are essential benefits even during “normalcy.” When disruptions strike, its ability to help you pivot immediately to implement new processes to cope with sudden impacts can be critical.   

For example: Some of the processes that were developed and deployed by providers and users during the early weeks of COVID-19 included workflows for vetting legal vendor continuity, tracking health checks, obtaining onsite visit request approvals, even for remote work management.

This ability to quickly react to a global pandemic’s challenges illustrates the day-to-day value of process automation to a legal tech stack.  Starting, you can address high-volume, immediate-need tasks. Your success in streamlining them builds your case for automating more and more processes, even outside of the legal department, which means “Legal” can lead the way toward organization-wide agility and resilience.  Another benefit?  To your internal reputation.  As Jeff Marple, Innovation Director for Liberty Mutual Insurance told us:

“Legal wasn’t originally a process or tech-forward organization within Liberty Mutual. Now we have developed several internal client-facing workflows that our clients just love, and that has changed the reputation.  Legal now leads the organization with process automation deployments.”

Drive legal staff adoption

A key measure of long term success for any legal tech stack?  Immediate and ongoing legal staff adoption.  So find ways to get users excited about the business value these new tools offer: 

• Improve client service by decreasing response times and client frustration
• Improve legal department efficiency and performance
• Reduce menial and mundane work, and increase time for substantive work 

What’s also important?  Who you involve in your initial adoption efforts.  Focus on people who will be impacted by new technology who represent different functional areas; target people who are always coming up with new ideas and are passionate about operational improvement.

To convert those who may be reluctant, here’s a tactic suggested by George Grawe, SVP and Deputy Chief Counsel at Allstate and a longtime pioneer in driving legal process innovation:

“(People) will say they have a more efficient way to do things…you need to get in the trenches with folks to see how they do their job. If you can find a way to have the technology complement the way they do their work, they become your change champions.”

By co-opting adopters who are enthusiastic about the technology, you’ll be able to manage early adoption issues better and make steady progress in improving the stack over time.  By enlisting them, you’re building a core of legal tech evangelists who’ll help you drive even broader adoption and make your tech stack “future-proof” in a very fundamental way: By making it invaluable to the entire organization.

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Brian McGovern is General Manager, Workflow Solutions at Mitratech, and led one of the largest global enterprise legal management software implementations ever at a global insurance provider. At Mitratech, he’s obsessed with helping clients navigate selecting and implementing legal technology so they can drive meaningful value that positively impacts their business.