Building Bridges to Ensure Streamlined Legal Workflow during the COVID-19 Pandemic

June 2020 |
Jamie Berry, Executive Vice President – Litigation Business Unit Leader, Integreon
Maureen Atta, Senior Director, Integreon

Corporate legal operations (“ops”) in today’s pandemic-stricken world is challenging and unpredictable, mirroring the overall impact COVID-19 has had on our daily lives. In a matter of weeks, as governments worldwide issued “social isolation” mandates, most organizations were forced to completely transform to a Work from Home (WFH) environment, equipping most, or perhaps all, employees and contractors to work remotely, in order to continue operations.

In this new “normal,” corporate legal ops professionals and the constituencies they serve must steadily navigate forward to keep business moving and ensure that off-site workers are productive and compliant. Since many of the WFH arrangements–technology, security, and workflows–were established under duress as the pandemic swept the globe, it is time to reflect on some of the best practices being established day by day as legal ops professionals learn and innovate.

Find, Monitor and Fix

Just as there are issues to be addressed in our traditional brick and mortar workplaces, there are disconnects and problems with a virtual, WFH workplace that require the attention of legal ops professionals. To bridge the divide, proactive, frequent, open communication among team members and leveraging monitoring tools and KPI metrics to identify potential issues is critical.

Establish a culture of improvement that encourages team members to proactively bring issues forward so they can be resolved, and provide incentives for reporting problems and suggesting resolutions. Utilize mechanisms to draw out useful insights from personnel such as short, focused employee surveys.

Business intelligence and productivity monitoring tools can be used to glean substantial data from behind-the-scenes. Establishing baseline metrics and key performance indicators (KPIs) that can be monitored and used to evaluate employee performance is a helpful step in gauging success. Analyze where employees are doing well, and where they are having trouble. Notice which level of help they need, with a goal of increasing their independence and identifying areas requiring additional training. Self-reliant workers have great value in a WFH era, and metrics can tell you how well employees are accomplishing work independently – or not.

Technology Touch-Base

Since technology makes WFH possible, frequent communication with corporate IT helps legal ops determine whether internet bandwidth/telecom issues, security threats, inadequate software training, or lack of daily in-person supervision are hindering legal workflow. Legal ops experts provide human resources to bridge the gap between the GC’s office and IT so technology is optimally serving legal professionals.

Legal ops professionals play a pivotal role in protecting confidential data as it flows between corporate legal, IT solutions, law firms and ALSPs (alternative legal service providers). Even before COVID-19 hit, cyber incidents were on the rise. Now, the previous volume of phishing, virus, ransomware and malware cases has been further compounded by WFH related factors. Malicious hackers are capitalizing on COVID-related chaos, confusion and potentially at-risk home technology environments. Therefore, now is an ideal time to remind employees and vendors of cyber threats and corporate data security policies which safeguard information and uphold compliance regulations.

Drafting of new or revised procedure language may be warranted as WFH business practices evolve. Policy documents from 2-3 months ago may be already obsolete since new cyber threats and jurisdictional specifics have possibly changed. Policies must be rigid enough to protect the organization while also flexible enough to pivot as external changes arise.

External service providers such as independent contractors, ALSPs and law firms must be able to demonstrate their ongoing commitment to upholding the company’s data security and confidentiality. Adherence to security policy is important now that documents and emails are primarily being received and sent from home computers and wireless devices. Data security must be a priority for everyone. Legal ops can take the lead to ensure its integrity stays intact throughout the pandemic and beyond.

Hiring During COVID-19

Many organizations have reduced headcount during this crisis. However, other legal departments and legal organizations have had to hire new or repurpose existing talent to manage existing litigation, revise contracts, review documents, and more. Even if they are not hiring right now, companies must prepare to ingest a wave of new litigation that will likely be coming as a result of this crisis. Some work can be done internally, but much will also be outsourced to law firms or ALSPs.

When onboarding new team members, coordinate with HR and IT to ensure that their hardware, software and security are optimized from the beginning. Consider providing a fully equipped “start-up kit” if this is feasible. Assess new hires’ technology acumen and make sure they have skills and training to become self-sufficient as soon as possible. Since employees are working on their own without supervision, they must be self-starters so they can work independently.

Legal Ops Builds the Bridges

No one knows how much longer the COVID-19 crisis will continue, or whether it will recur at future dates. One thing that is certain is that legal services delivery, and business in general, will likely never be the same again. As corporations and legal service providers have been forced to adopt WFH measures, they have learned to innovate, leverage technology, and build greater efficiency. The sharp focus of legal ops professionals on these exact topics means that their expertise will continue to be indispensable to their employers. Legal ops professionals are the architects who build and maintain the bridges that can prevent organizations from falling into deep chasms during a crisis like COVID.

About the Authors

Jamie Berry is Executive Vice President – Litigation Business Unit Leader at Integreon and Adjunct Professor at The Catholic University of America (CUA) Law School. Maureen Atta is a Senior Director at Integreon. Integreon, a trusted, global provider of award-winning legal and business solutions to leading law firms, corporations and professional services firms with over 3000 employees globally.

Facilitate Change, But Do No Harm

May 2020 |
Lorna Synan, Strategic Sourcing Manager – Legal Ideation and Transformation, Liberty Mutual Insurance
Robert Taylor, VP and Senior Corporate Counsel – Legal Ideation and Transformation, Liberty Mutual Insurance

Change is hard. Encouraging innovation and implementing change in an established and successful organization is even harder. Changing the legal service delivery model and implementing meaningful legal innovation, seemingly impossible. But it can be done. By leveraging techniques based in neuroscience, you can help people overcome emotional resistance that can be brought about by budget constraints, business imperatives, and pressures of the external marketplace. All these daily pressures and human nature itself can compete with their innate understanding and recognition of the need to innovate. Neuroscience studies the way the human brain works and how we respond to certain stimuli. It helps us understand what influences the way people make basic decisions. Learning more about motivators and stressors can help you shape how your employees or stakeholders respond to change. Which is why more and more organizations are hiring industrial psychologists and/or neuroscientists to help them better understand employees’ mindsets to unlock greater performance.

At Liberty Mutual Insurance, we began our innovation journey by asking a few questions: How do you innovate within a Legal department in an already conservative organization that is designed to measure risk? How do you overcome the psychological barriers of both individuals and groups in order to effectuate meaningful change? We sought our answers from a wide range of experts and share below neuroscience-based techniques (classification, safety, and support) from sources that helped us successfully navigate implementing legal innovation that aligned with our strategy.

Author’s note: We share a lot of content in our organization, none better than ‘Steal like an Artist’ by Austin Kleon who points out that there are very few original ideas. We will do our best to credit the ideas below where we can and impart universal concepts fairly, but we do not claim to be wicked smart professors who have all the answers and are lecturing from the front of a tiered classroom.

Classification: Innovators and Protectors

You will broadly find two equally important groups within your own work environment, typically classified as innovators and protectors. Through classification, you can better understand how to approach and harness the capabilities of both groups and facilitate change. The innovators will create, foster and thrive on new and ambitious ideas while the protectors will defend the status quo and prevent loss.

Honor the ideas of the innovators by clearly defining goals and objectives that can quantify the impact of their contributions. Harness the innovator’s energy to support your department’s vision but be aware of attempts to hijack your strategic plan for their own agenda, as this could derail progress. Engage the innovators and align their energy with the larger strategy your leadership has set for your organization. If you don’t, the people who you thought might be your biggest allies could turn into your biggest headache. In the end, assume positive intent with your innovators and let them have a voice within a structure.

Listen carefully to the concerns of the protectors by recognizing the pressures of cost containment, technology limitations, and the need for meaningful use cases. You must also make the protectors aware of the dangers of not moving forward at all, potentially resulting in a loss in market share or competitive advantage. It is critical to understand why a protector’s “fence” may have been put up in the first place. This is stressed in a principle called Chesterton’s Fence. In Chesterton’s 1929 book, The Thing, he describes the case of reformers (innovators) who notice something, such as a fence, and fail to see the reason for its existence. Before they decide to remove it, they must figure out why it exists in the first place. If they do not do this, they are likely to do more harm than good with its removal. It is a straightforward principle, but one that is often not considered by a team of eager innovators.Many of the problems we face in a legal system or highly regulated business occur when we intervene without an understanding of what the consequences might be. If a fence exists, there is likely a reason for it. In a nod to the world class design experts at IDEO, we use a Venn diagram to analyze new ideas within existing “fences.” It forces both innovators and protectors to focus on the ideas that will work and uncover what will have the greatest impact and chance at success. When looking at a new idea, examine the feasibility (technical and regulatory), desirability (will they use it) and viability (financial resources) of the project. You will find that innovators thrive on desirable projects, whereas protectors often bring up technical and financial constraints. In order to execute on innovative projects, you will need to meet all three requirements.

Creating Safety: Threat vs. Safety

When you encounter something new, your brain is alerted, neurons are activated, and hormones are released as you try and figure out what the new thing is. If you think the new item is dangerous (maybe because it changes the way you work), then your reaction may be a threat response with a fight or flight trigger. In order to minimize a threat response in your stakeholder’s reaction to a new idea or initiative, you need to create a culture of psychological safety and trust. There are various models that help facilitate trust in the workplace, including David Rock’s SCARF model. The SCARF model emphasizes the importance of recognizing a job well done, independence and autonomy, building strong team relationships, fairness and transparency to achieve a sense of reward.

Creating this environment encourages everyone to take calculated risks and share in the process of innovation. For example, introducing a new technology vendor, even one that you feel will be beneficial for your stakeholders, may threaten their autonomy or create ambiguity for them without establishing trust. By implementing “Vendor Days” (in which one or more vendors can explain their services in a casual setting) in our department, we share new legal service models and technology with senior managers, influencers, and individual contributors in a format that allows for self-discovery. Providing an open forum for learning about a potential vendor allows stakeholders to relate to the opportunity on their own terms and feels far more collaborative. The vendor can focus on presenting information and capabilities, and answering questions, rather than attempting to be purely persuasive. Making a connection between the benefits of the new technology and the stakeholder’s own work product is powerful and often results in a request to partner in the implementation (pull) rather than requiring pursuit of an implementation (push) because a threat response may have been created. This dynamic eliminates the idea that only one team or one person has innovative ideas to push on the department and instead establishes that ideas can be pulled from all areas and levels far more successfully and in a way that allows for meaningful adoption and effective deployment of new technology.

Support: Alone and Together

Collaboration between innovators and protectors and creating a culture of psychological safety depends upon people working together. But for people to work together successfully, you need to nurture the individual. If you have been exposed to a psychology class, you are likely aware of the popular theory of Maslow’s “Hierarchy of Needs” from his book Theory of Human Motivation. Maslow’s Hierarchy (see insert) is a tiered system of needs beginning with basic survival then ascending through freedom from fear, social belonging, and self-esteem towards the end goal of self-actualization.

When considered relative to the workplace, motivation often increases as needs at each ascending level are met. In a professional work environment, we can concentrate primarily on self-esteem and self-actualization through respect and personal growth. This is where accomplished professionals thrive. At the apex of the triangle, individuals find themselves motivated to come up with new ideas to help others, the department, and the team.

Innovation may start with a single individual, but it is a team sport. All too often when someone tries to facilitate change on their own before they achieve buy-in from others, they fail. It is not necessarily that the individual is wrong to try, it just might be that their idea or the concept that they are trying to implement needs to mature. If the idea is too fragile and not enough people have gotten behind it, the idea will likely get destroyed by others. In order to grow these ideas into fruitful use cases, you must leverage diversity of thought and bring in different perspectives to analyze and strengthen the idea. One way we look to create a culture of diverse thought is through our “Design Challenges.” These day-long sessions promote human centered design and focuses on users, their issues, daily activities and goals through an empathetic lens. Many ideas presented at these events start with an individual thought but are made better through the collective experience. While these sessions occasionally lead to new creative solutions that are incorporated into department strategies, the participants are always left feeling more collaborative and motivated.

We have shared just a few of the ways we have found success implementing innovative change within a legal environment. We absolutely fell and skinned our knees along our journey, as you will. But with each fall there was a lesson and new perspective on how to move forward. There are a multitude of ways to improve the psychological safety of your employees, humble inquiry being among the best and least threatening way to get people to come to understand a problem from a new perspective. People tend to thrive when you seek to understand them and the first step before modifying any aspect of a system is to understand it. Don’t remove that “fence” before you know why it was there in the first place. Only then can you credibly propose your change. In the next 90 days, we challenge you to adopt one of these techniques and observe the results. If you do, we guarantee you will be pleased.

Five Tips for Transitioning from a Great Lawyer to a Successful Project Manager

May 2020| Rachita Maker, Vice President, Chief of Staff and Head of Legal Operations, Tata Communications Limited

Do any lawyers remember going to law school and hearing the words “project management”? I certainly did not, and I suspect most of my colleagues didn’t either. It is a different world now with a number of institutes focusing on Legal Project Management and I see there are multiple courses available on the topic. Legal Project Management or LPM is an identified functional area in The CLOC Core 12 for Legal Operations, therefore, identified as a key skill for the legal operation professional.

I chanced upon project management purely by accident in my fifth year as a lawyer. Overnight, I was handed a high-volume complex contract management project with a tight deadline. In an instant, I was made responsible for a team of twenty bright, young lawyers who were relying on me to give them guidance; a demanding client who had expectations beyond the project scope; a deliverable that I had no idea on how to execute; and a management team that wanted me to make the whole thing work. No pressure? To tell the truth, I loved the challenge and still do today.

So, for all the lawyers or legal operations professions who get thrown into large engagements or complex implementation projects, with no one to tell them how it is done – I am sharing a few of the strategies I have forged over many years of managing projects successfully in the legal services industry.

Overview of Legal Project Management

My experience has taught me to view project management as having four pillars – client management, delivery management, team and stakeholder management, and financial management.

Projects within the legal industry could include large scale contract lifecycle management implementations including data migration from old systems to new, obligations management, M&A due diligence, contract drafting and negotiations engagements, and 50-state regulatory research to name a few. Typical challenges in legal projects relate to: scope; balancing the right number resources while ensuring subject matter expertise; maintaining quality; anticipating and mitigating risks; anticipating changes in projects due to unforeseen circumstances like regulatory changes, changes in production timeline or changes in client requirements and unresponsive clients.

Below is my advice for transitioning from a great lawyer to a successful project manager that no one spoke about in law school:

1. Understand the “pulse” of your client
Understanding the “pulse” of your client – in other words, learning what they value most in the delivery of a project and why – is the key to any successful client-provider relationship. No matter what happens, you should be the go-to person for your client. Set up a communication schedule that matches your client’s needs and try to anticipate what they might need next.

I start any large project by identifying what is most critical to my client. Sometimes it is quality; other times it is timeline; and all too often it is cost. While most clients will say that ALL of those factors are equally important, there is usually one aspect that stands out as the priority.

For example, in a 50-state regulatory research project where timing is of the essence for your client, spending too much time ensuring you have researched every angle and missing the expected deadline will likely leave you with an unhappy client. In this example, setting realistic expectations up front on how the research might be restricted to meet the timeline would likely have led to the client suggesting more specific instructions to provide better focus for the research. As you build trust through a series of meetings and in meeting mutually agreed-upon expectations, the client will start to see you as an extension of their team.

The best way to set and adjust expectations is to create a regular cadence of communications that matches your client’s style. As lawyers, we tend to get so involved in our work that we wait to go to the client with our final “masterpiece”. There is nothing worse for a client than not knowing how their project is progressing. I recommend having at least a once a week check-in call, email or meeting. Depending on the timeline and scale of the project, you may want to have more frequent, shorter, or more casual conversations to establish rapport with your client. These meetings are also a great way to learn about the client and anticipate their upcoming needs.

2. Manage “scope creep”
For your clients and for your organization, success is most often measured in financial terms. As project managers, you manage the budget by avoiding “scope creep” – in other words, ensuring that the requirements of a project have not unnecessarily expanded, making the project more expensive than anticipated. Scope changes are easier to identify if a client makes explicit changes to the deliverables or timing of the project; but in practice, small accretive changes are made in smaller bits and become difficult to quantify – in other words, they creep up until the project is ultimate off-budget.

Managing scope begins even before a project starts. As more clients now want fixed pricing or alternate pricing models for projects, the days of hourly billing have almost disappeared. Clients routinely ask for a quote without giving, or sometimes not knowing, any details around the project. Imagine a template harmonization project for a large multinational company – at a minimum, it would help to know how many templates, across how many geographies, the number of business units with overlapping templates, etc. Even if you are able to get some of this information in advance, chances are that you will get answers in approximates, but the client will demand certainty on pricing. It is important to define the project scope to the best of your ability and build in strong assumptions to protect your client and your organization.

Even with the best planning, scope creep can continue through the life of the project and often happens in short bursts. Since we are anxious to maintain good client relationships and we want to earn their business, we tend to overlook the scope creep issues, often leading to unanticipated bills to the client or unsustainably low margins for your organization. I recommend logging all requested changes, no matter how small they seem at the time, and their potential impact on the project. Assess these impacts with your clients and organization at regular intervals in order to anticipate any potential changes in cost or timing. Your clients will appreciate the open communication. The alternative, which is not mentioning scope changes until it is too late, can chip away at trust with your client and your organization.

3. Measure and meet your client’s quality and timeline expectations
As lawyers, we are trained to provide high-quality work product. After all, our work product is the showcase of our talent. While it is easy to control our own deliverables and quality, it can be difficult to be responsible for what someone else is producing. The truth is that as project managers, we are responsible for the overall quality of the project. For example, whether you are overseeing 5 people working on an M&A transaction or 30 people working on a document review, you will need to ensure that quality and the timeline are met by the entire team working together.

The first step to providing quality work is to define and measure what quality means to the client. Work with your client to define quality metrics and then track them. As a project manager one should be able, at any point in time, to confidently talk about the “quality percentage” of their engagements. Tracking quality through pre-defined metrics also helps project managers identify if issues are related to a particular person or if those issues are general across the team.

While high-quality work is expected, most legal projects are deadline-driven, whether it is a deadline related to production, regulatory demands or a transaction. As lawyers, we are used to burning the midnight oil to meet our deadlines and produce the best output we can. The challenge is to help your project team stay motivated to work the extra hours when large deadlines are looming. In order to minimize all-nighters or unsustainable work hours, as well as to avoid any curveballs that may come up in a project, I usually try to build a buffer in project timelines. For example, if I have a 4-week project that needs about ten people, I will staff it with twelve people instead and set an internal timeline of 3 weeks so that I can conduct last minute checks, conduct quality review and make changes that may have come up during the life of the project.

4. Build and maintain reports that your clients and management will value
Maintaining daily, weekly and monthly reports on your engagements will benefit both your clients and your organization. As a project manager you are expected to have a real-time understanding of project metrics – whether they relate to number of documents, hours worked on the project, throughput per hour, quality measures and any other information that can be sliced and diced.

I recommend updating clients and other stakeholders with progress reports. It helps to understand your client and stakeholder communication styles and timing, and to set expectations upfront. Weekly, or sometimes daily, reports may be needed. I was once working on a project that I knew was VERY important to my CEO, and I wanted to make sure he wouldn’t wake up in the middle of the night and worry about where we were on the project. I proactively set up daily reports, and it worked wonderfully to keep my CEO updated and comfortable with the project.

There are a number of tools and technologies that can help you track the progress and performance of your project. Using automated workflow tools, you can generate delivery dashboards, quality metrics, monthly information reports, etc. These tools help you collect analytics on each activity of your project. For longer-term engagements, I have also seen the Balanced Score Card approach work beautifully with clients, as they can see a holistic view of the team’s performance based on operational and delivery excellence, client satisfaction and additional value by way of innovation. As lawyers, we are not always proficient with tools and technology in the market place, but as good project managers we need to identify the best-suited person in our team who can support us in generating and maintaining reports.

5. Invest in your team’s growth
A colleague of mine once said, “After a certain point in your career, it isn’t what your boss thinks of you, but what your team thinks of you,” and I totally agreed with her. Your team is a testament of you. A great project manager knows how to get buy-in from the team, give them the right training and resources, challenge them and use their strengths to the fullest. I try to build my project teams with complementary personality types to provide balance. No one person can do everything and most project managers think that the burden of performance is on them. The truth is that we should use our team’s strength to the fullest – this not only helps them to enhance their skills and helps them feel vested, but also takes some of the burden off our shoulders.

Remember that no matter how much you plan, there are things that may be out of your control. Great project managers focus on what is in their control, escalate what is not, identify risks early on and mitigate them to the best of their ability. As lawyers and professionals, we juggle multiple projects every day, and effective project management will help us stay organized.

When It Comes To Solving Process Challenges With Technology, Legal Ops Teams Need To Think Bigger. Here’s Why.

May 2020| Mary O’Carroll, Director of Legal Operations at Google and President of CLOC

As legal ops professionals, we know how valuable technology can be, but also recognize how difficult a successful launch (implementation) and landing (adoption) can be. We often run into team members proving averse to new tech, competing internal pressures and priorities, and budget constraints. But perhaps one of the biggest challenges results from our very own belief that we should try to prescriptively match technology solutions to specific elements of existing workflows. In other words, we often try to address what appear to be isolated or team-specific problems with focused, point solutions.

Take, for example, one of the biggest challenges we all share—centralizing the legal department matter intake process, which is prone to bottlenecks, and relies most often on employees simply emailing or pinging contacts within legal for help. Typically, our first inclination is to create an intake form and then force people to use it to “automate the process.” This sounds like a logical and sensible approach. After all, if the legal team needs to track and assign a large number of requests, and the new intake form appears to centralize and automate elements of that process—that’s a win, right?

Unfortunately, not really. In legal ops, we often talk about the need to consider all three pillars—people, process, and technology—when solving problems in our departments. The problem is, this approach oversimplifies the challenge with a process and tech solution, and doesn’t properly appreciate “the people pillar,” nor the amount of change management needed both upstream and downstream to land a new intake form. To be sure, it impacts more than just intake itself. All your client teams will need to reprogram their muscle memory to submit requests through a new channel, and of course, doing it the old way will continue to feel faster and easier.

A new intake form can also cause confusion. (Like when the form requires clients to fill out fields that they don’t know how to fill out, or when it throws unfamiliar error messages.) In these cases, your clients will end up going around the new process by emailing their personal contacts in legal, asking for help… which is precisely the thing you wanted to avoid in the first place. Instead of centralizing and streamlining, all we’ve done is add yet another broken process and channel.

The fact is, when we implement small changes to improve specific challenges with point solutions, we often unintentionally create bigger problems. These new point solutions have to be coordinated and integrated with other existing systems and can require team members throughout the org to adjust their ways of working. It should also be noted that individual point solutions result in a proliferation of systems and tools that you now need resources to manage and integrate. When you do try to integrate them, you’ll realize these have also resulted in the propagation of multiple sources of truth—multiple places where data is stored—and an exponential increase in the number of interfaces that team members end up having to work with and learn how to use… until they stop using them all together.

To mitigate the risk of this, legal ops teams should change the way we think about problem solving with technology.

Although technology requests come to us as single pain points or specific solution proposals, we should approach problem solving more holistically. We should try to take a step back to view the bigger picture and optimize multiple processes and teams collectively, such that we create net value. And we should strive to do this in a way that considers all stakeholders (including those outside of legal), and that doesn’t create new ways of working, but rather minimizes the need for change management.

That means seeking out technology solutions that empower us as process-designers to create and manage workflows that are dynamic, customizable, and multifaceted—systems with broad, not narrow, applications.

Here’s how I’ve been going about this in my own work.

First, when thinking through how to do something like implement a new legal intake system—or, better yet, a new contract management system, which is traditionally even more complicated—we ask ourselves a series of questions:

  • Does this tool actually optimize the process end-to-end? If it only solves a piece of the process, does it create bottlenecks elsewhere?
  • What kind of change management will be required to use this tool effectively? (Where and how are people working today? Does this create a new place they need to go? How much communications and training is necessary? Too much and we know it won’t work)
  • How will other stakeholders interface with this new tool? When sales needs to make a contract request, or when an additional approval is needed from finance on a contract, will the existence of this system impede upon their ability to do their work seamlessly?
  • How much flexibility does this tool offer me from a process-management standpoint? Does it allow me to adjust parts of the workflow to address my unique or shifting needs? And how complicated is it to do that? Will I need engineering support?
  • Finally, what impact does this have on day-to-day work? Is it decreasing the amount of manual work, or does it end up adding steps in other ways or in other places?

We ask ourselves these questions for a simple reason: unless you think holistically about changes you’re making internally, you risk—among other things—gaining efficiency in one area while losing it in others.

Ultimately, that’s something we should work to prevent.

Especially now. The outbreak of COVID-19 has illuminated the importance for legal ops teams to prioritize resources and leverage solutions more broadly so that we can address department challenges more holistically. Managing a portfolio of point solutions is simply not sustainable or scalable.

Moreover, COVID-19 has made urgent the need for legal ops teams to take on a more innovative role inside organizations, where operational excellence has become a top priority for many.

Now more than ever we need to be working more closely with our legal and business counterparts, doing work that—by design—exacts wide-ranging impact and encourages efficiency, creativity, and optimization.

All told, that requires a new, “bigger” way of thinking.

Interested in more Legal Ops Technology? Check out our Technology Roadmap: How To Guide

When It Comes To Solving Process Challenges With Technology, Legal Ops Teams Need To Think Bigger. Here’s Why.

May 2020| Mary O’Carroll, Director of Legal Operations at Google and President of CLOC

As legal ops professionals, we know how valuable technology can be, but also recognize how difficult a successful launch (implementation) and landing (adoption) can be. We often run into team members proving averse to new tech, competing internal pressures and priorities, and budget constraints. But perhaps one of the biggest challenges results from our very own belief that we should try to prescriptively match technology solutions to specific elements of existing workflows. In other words, we often try to address what appear to be isolated or team-specific problems with focused, point solutions.

Take, for example, one of the biggest challenges we all share—centralizing the legal department matter intake process, which is prone to bottlenecks, and relies most often on employees simply emailing or pinging contacts within legal for help. Typically, our first inclination is to create an intake form and then force people to use it to “automate the process.” This sounds like a logical and sensible approach. After all, if the legal team needs to track and assign a large number of requests, and the new intake form appears to centralize and automate elements of that process—that’s a win, right?

Unfortunately, not really. In legal ops, we often talk about the need to consider all three pillars—people, process, and technology—when solving problems in our departments. The problem is, this approach oversimplifies the challenge with a process and tech solution, and doesn’t properly appreciate “the people pillar,” nor the amount of change management needed both upstream and downstream to land a new intake form. To be sure, it impacts more than just intake itself. All your client teams will need to reprogram their muscle memory to submit requests through a new channel, and of course, doing it the old way will continue to feel faster and easier.

A new intake form can also cause confusion. (Like when the form requires clients to fill out fields that they don’t know how to fill out, or when it throws unfamiliar error messages.) In these cases, your clients will end up going around the new process by emailing their personal contacts in legal, asking for help… which is precisely the thing you wanted to avoid in the first place. Instead of centralizing and streamlining, all we’ve done is add yet another broken process and channel.

The fact is, when we implement small changes to improve specific challenges with point solutions, we often unintentionally create bigger problems. These new point solutions have to be coordinated and integrated with other existing systems and can require team members throughout the org to adjust their ways of working. It should also be noted that individual point solutions result in a proliferation of systems and tools that you now need resources to manage and integrate. When you do try to integrate them, you’ll realize these have also resulted in the propagation of multiple sources of truth—multiple places where data is stored—and an exponential increase in the number of interfaces that team members end up having to work with and learn how to use… until they stop using them all together.

To mitigate the risk of this, legal ops teams should change the way we think about problem solving with technology.

Although technology requests come to us as single pain points or specific solution proposals, we should approach problem solving more holistically. We should try to take a step back to view the bigger picture and optimize multiple processes and teams collectively, such that we create net value. And we should strive to do this in a way that considers all stakeholders (including those outside of legal), and that doesn’t create new ways of working, but rather minimizes the need for change management.

That means seeking out technology solutions that empower us as process-designers to create and manage workflows that are dynamic, customizable, and multifaceted—systems with broad, not narrow, applications.

Here’s how I’ve been going about this in my own work.

First, when thinking through how to do something like implement a new legal intake system—or, better yet, a new contract management system, which is traditionally even more complicated—we ask ourselves a series of questions:

  • Does this tool actually optimize the process end-to-end? If it only solves a piece of the process, does it create bottlenecks elsewhere?
  • What kind of change management will be required to use this tool effectively? (Where and how are people working today? Does this create a new place they need to go? How much communications and training is necessary? Too much and we know it won’t work)
  • How will other stakeholders interface with this new tool? When sales needs to make a contract request, or when an additional approval is needed from finance on a contract, will the existence of this system impede upon their ability to do their work seamlessly?
  • How much flexibility does this tool offer me from a process-management standpoint? Does it allow me to adjust parts of the workflow to address my unique or shifting needs? And how complicated is it to do that? Will I need engineering support?
  • Finally, what impact does this have on day-to-day work? Is it decreasing the amount of manual work, or does it end up adding steps in other ways or in other places?

We ask ourselves these questions for a simple reason: unless you think holistically about changes you’re making internally, you risk—among other things—gaining efficiency in one area while losing it in others.

Ultimately, that’s something we should work to prevent.

Especially now. The outbreak of COVID-19 has illuminated the importance for legal ops teams to prioritize resources and leverage solutions more broadly so that we can address department challenges more holistically. Managing a portfolio of point solutions is simply not sustainable or scalable.

Moreover, COVID-19 has made urgent the need for legal ops teams to take on a more innovative role inside organizations, where operational excellence has become a top priority for many.

Now more than ever we need to be working more closely with our legal and business counterparts, doing work that—by design—exacts wide-ranging impact and encourages efficiency, creativity, and optimization.

All told, that requires a new, “bigger” way of thinking.

Interested in more Legal Ops Technology? Check out our Technology Roadmap: How To Guide

The 5 ‘Ds’ of Managing Contracts in a Post-COVID World

While I have been sheltering at home in the Seattle area (where Icertis is based), I’ve had the opportunity to connect virtually with many of our customers as they weather this global crisis. In between virtual contract negotiations, home-schooling small children, or strategizing on which safety gear to wear to the grocery store, Icertis customers have generously shared their time and insights as they process what contracting and business will look like post-COVID-19.

It goes without saying that a “new normal” awaits us as we (slowly and responsibly) emerge from this crisis. But just what that normal looks like will vary person to person, organization to organization. In the commercial space, every company will have to assess what’s changed and what remains foundational to their business as they chart a path to rebounding and thriving in the months and years to come.

Still, generalizations can be made and themes are emerging. Based on my conversations, five distinct imperatives for attorneys and contract managers have surfaced amid the commercial turbulence; the operations professionals supporting these functions should also take notice. I call them the “The 5 ‘Ds’ of Managing Contracts in a Post-COVID World”:

Digitize Contract Processes

The more processes a company had digitized before their entire workforce was forced to shelter in place, the better positioned they were to react to the rapidly changing circumstances. This includes those companies that had digitized their contracts and contract processes. Imagine trying to identify tens of thousands of paper agreements that might be impacted by this pandemic. In this quarantine and work-from-home world, it would be impossible to retrieve those paper contracts that were stored in filing cabinets at physical office locations. Cloud-based contract lifecycle management (CLM) enables a level of business continuity simply not possible with paper-based systems.

As the Global Head of Contract Lifecycle Risk Management at a Fortune 500 company noted to me recently: “Any organization that has gone through this and decides not to digitize is certainly missing a big learning opportunity here.”

Discover Contract Data

Another major learning from COVID-19 is just how fast commercial conditions can change. With the COVID-19 situation evolving by the hour, legal and contract professionals had to quickly and continuously assess how the crisis impacted their company’s supplier, customer, partner and employee relationships—many or all of which are defined by contracts.

Companies that had embraced contract digitization could rapidly surface contract insights (remotely and from their homes) from a centralized pool of data, and were at a distinct advantage in crafting their strategies moving forward. Contract data can tell you with whom you’re doing business and on what terms, as well as where they are located and the commercial value of the contract. Access to contracting data and insights in fluid and uncertain times is truly invaluable when a global crisis hits. For example, one company I spoke with immediately surfaced what its contracts said about delivering services remotely, so they could confidently continue working with clients despite the travel restrictions and shelter-in-place orders.

Deliver on Commitments

Whether in crisis or in steady times, one foundational truth that will remain is the importance of trust and delivering on contractual commitments.

While attention can be diverted during a crisis to a handful of contracts that are disproportionately impacted, legal and contracting teams must be confident that the ongoing business of less-impacted agreements moves forward. Following execution, managing these ongoing obligations can be done manually and docketed in calendars. However, many companies that have embraced CLM have utilized technology to undertake this work. Some companies have optimized their obligations management process by utilizing AI/machine learning models trained on terabytes of contract data that can help discover obligations and their relationships, and manage them to fulfillment, ensuring that transactions off the contracts adhere to these obligations. This is an example of how technology can free up human capital to address those contractual relationships that take priority while contract managers remain confident that other commitments and obligations continue to be delivered.

Defend Against Risk

For our colleagues in the CFO office, the pandemic provided a crash course in enterprise risk management. As the outbreak disrupted markets, CFOs were in the hot seat to create plans that increased revenue, reduced cost, accelerated cash flow and ensured compliance.

The mandate to mitigate risk is reflected in contracts and contracting processes. Getting a vital contract under signature could mean generating the cash flow necessary to maintain operations; ensuring a contract is compliant with local regulations could save a company from crippling fines; preventing maverick contracts most certainly means no contracts go out on outdated templates that don’t reflect new business conditions and terms; visibility into all contracts across the organization means negotiations can be quickly pivoted to head off emerging threats.

That onus will never go away: COVID-19 proved that companies put risk management on the back burner at their own peril, and seamless contract management is a central component to both identifying and mitigating current risks and preventing future risks.

Don’t Delay

The companies in the best position to maintain business continuity when COVID hit were those who had already digitized core processes and developed the habits, skill sets and relationships necessary to get the most out of them. As one customer shared, “The great habits we developed with Icertis pre-COVID are now coming into play, to our benefit.” We don’t know when the next crisis will hit. But we do know that the longer you delay, the less time you’ll have to prepare.

Despite the current challenges posed by this pandemic, there will be a time when legal and contracting teams will return to some semblance of “normal” (and thankfully, educating will be removed from legions of parents-turned-homeschool teachers and back in the hands of educational professionals.) These contracting and legal teams, with the help of their legal department operations partners, will be well served to document the pain points presented in this current crisis and consider the Contracting 5 Ds before the next storm.

The 5 ‘Ds’ of Managing Contracts in a Post-COVID World

While I have been sheltering at home in the Seattle area (where Icertis is based), I’ve had the opportunity to connect virtually with many of our customers as they weather this global crisis. In between virtual contract negotiations, home-schooling small children, or strategizing on which safety gear to wear to the grocery store, Icertis customers have generously shared their time and insights as they process what contracting and business will look like post-COVID-19.

It goes without saying that a “new normal” awaits us as we (slowly and responsibly) emerge from this crisis. But just what that normal looks like will vary person to person, organization to organization. In the commercial space, every company will have to assess what’s changed and what remains foundational to their business as they chart a path to rebounding and thriving in the months and years to come.

Still, generalizations can be made and themes are emerging. Based on my conversations, five distinct imperatives for attorneys and contract managers have surfaced amid the commercial turbulence; the operations professionals supporting these functions should also take notice. I call them the “The 5 ‘Ds’ of Managing Contracts in a Post-COVID World”:

Digitize Contract Processes

The more processes a company had digitized before their entire workforce was forced to shelter in place, the better positioned they were to react to the rapidly changing circumstances. This includes those companies that had digitized their contracts and contract processes. Imagine trying to identify tens of thousands of paper agreements that might be impacted by this pandemic. In this quarantine and work-from-home world, it would be impossible to retrieve those paper contracts that were stored in filing cabinets at physical office locations. Cloud-based contract lifecycle management (CLM) enables a level of business continuity simply not possible with paper-based systems.

As the Global Head of Contract Lifecycle Risk Management at a Fortune 500 company noted to me recently: “Any organization that has gone through this and decides not to digitize is certainly missing a big learning opportunity here.”

Discover Contract Data

Another major learning from COVID-19 is just how fast commercial conditions can change. With the COVID-19 situation evolving by the hour, legal and contract professionals had to quickly and continuously assess how the crisis impacted their company’s supplier, customer, partner and employee relationships—many or all of which are defined by contracts.

Companies that had embraced contract digitization could rapidly surface contract insights (remotely and from their homes) from a centralized pool of data, and were at a distinct advantage in crafting their strategies moving forward. Contract data can tell you with whom you’re doing business and on what terms, as well as where they are located and the commercial value of the contract. Access to contracting data and insights in fluid and uncertain times is truly invaluable when a global crisis hits. For example, one company I spoke with immediately surfaced what its contracts said about delivering services remotely, so they could confidently continue working with clients despite the travel restrictions and shelter-in-place orders.

Deliver on Commitments

Whether in crisis or in steady times, one foundational truth that will remain is the importance of trust and delivering on contractual commitments.

While attention can be diverted during a crisis to a handful of contracts that are disproportionately impacted, legal and contracting teams must be confident that the ongoing business of less-impacted agreements moves forward. Following execution, managing these ongoing obligations can be done manually and docketed in calendars. However, many companies that have embraced CLM have utilized technology to undertake this work. Some companies have optimized their obligations management process by utilizing AI/machine learning models trained on terabytes of contract data that can help discover obligations and their relationships, and manage them to fulfillment, ensuring that transactions off the contracts adhere to these obligations. This is an example of how technology can free up human capital to address those contractual relationships that take priority while contract managers remain confident that other commitments and obligations continue to be delivered.

Defend Against Risk

For our colleagues in the CFO office, the pandemic provided a crash course in enterprise risk management. As the outbreak disrupted markets, CFOs were in the hot seat to create plans that increased revenue, reduced cost, accelerated cash flow and ensured compliance.

The mandate to mitigate risk is reflected in contracts and contracting processes. Getting a vital contract under signature could mean generating the cash flow necessary to maintain operations; ensuring a contract is compliant with local regulations could save a company from crippling fines; preventing maverick contracts most certainly means no contracts go out on outdated templates that don’t reflect new business conditions and terms; visibility into all contracts across the organization means negotiations can be quickly pivoted to head off emerging threats.

That onus will never go away: COVID-19 proved that companies put risk management on the back burner at their own peril, and seamless contract management is a central component to both identifying and mitigating current risks and preventing future risks.

Don’t Delay

The companies in the best position to maintain business continuity when COVID hit were those who had already digitized core processes and developed the habits, skill sets and relationships necessary to get the most out of them. As one customer shared, “The great habits we developed with Icertis pre-COVID are now coming into play, to our benefit.” We don’t know when the next crisis will hit. But we do know that the longer you delay, the less time you’ll have to prepare.

Despite the current challenges posed by this pandemic, there will be a time when legal and contracting teams will return to some semblance of “normal” (and thankfully, educating will be removed from legions of parents-turned-homeschool teachers and back in the hands of educational professionals.) These contracting and legal teams, with the help of their legal department operations partners, will be well served to document the pain points presented in this current crisis and consider the Contracting 5 Ds before the next storm.

Leading a high performing Intergenerational-Generational Legal Operations Workforce

With excerpts from “The Ten Questions to Ask Yourself to Influence Your Future”, as Presented by Dr. Zachary Walker, Educator, Author, and International Speaker, University College London Institute of Education at the CLOC 2020 London Institute.  He can be contacted on LinkedIn or through his website at www.drzacharywalker.com.

One of the most complicated tasks facing companies today is the challenge of aligning the cultures and expectations of multiple generations in their organization. Legal departments are not immune to these challenges. Like others, legal is often composed of multiple generational influences from Boomers to Gen Xers to Millennials. Gen Z is just starting to enter the workforce which brings in yet another shift in workplace dynamics. Today’s leaders need to manage the differences and similarities between four to six generations while integrating them into a cohesive, functional, high-performing team.

Each person comes with a different set of expectations and definitions of loyalty, ethics, and skills. Leaders need to shift to make the most of these energies and skill sets that bring incredible potential to both the department and company. The generation into which one is born is an important determinant of these personal characteristics. Of course, each individual is different – however, generational trends tend to shape ideas on “big picture” issues such as the value of teamwork, workplace expectations, and the relationship between the individual and society, and each generation tends to share similar experiences as a result of growing up at the same time.

A 2014 Harvard Business Review article exclaimed that “for the first time in history, five generations will soon be working side by side.” It continued:

“The Boomer mystified by Facebook; the Millennial who wear flip-flops in the office; the Traditionalist (born prior to 1946) who seemingly won’t ever retire; the cynical Gen Xer who’s only out for himself; and the Gen 2020er [known as Gen Z today] – born after 1997- who appears surgically attached to her smartphone.”

If you’ve attended a seminar or conference on this topic, you may have learned that these stereotypes are not valid and that all generations can and do share common values and goals.  Still, generational tensions exist within our multi-generational workforces and it’s our job to help our employees recognize and respect the skill sets that each generation brings to the table.

The U.S. Government projects the number of workers over the age of 75 will double in the next decade. In many cases, workers continue to work longer because they can’t afford to retire when they reach retirement age. And many workers in the legal profession choose to work longer because they enjoy their work and value their relationships with their coworkers. 

Generation Z, our youngest generation of workers, is just entering the workforce. By 2026, that group will surpass the number of Millennials (who are now the largest) in the workforce. These two generations will define the future of work.  Whether a 35-year-old manager managing a Boomer workforce and Gen X workforce or a 65- year-old manager managing a Gen Y and Millennial workforce, or somewhere in between, it is incumbent upon leaders and managers to know who they lead. To be successful, we will have to understand what each generation wants out of their jobs and how they envision work.

Companies that shift to strike a multi-generation allegiance will have an efficiency advantage over others that don’t. A multi-generational team offers a diverse way of looking at a project or problem. Leading them can be both a challenge and an opportunity. Understanding who they are is key.

Leading an Inter-Generational Workforce

In January 2020, the CLOC London Institute ended its educational conference with a session led by Dr. Zachary Walker from the University College London. Dr. Walker’s session was one of the highest rated sessions during the Institute. His current work focuses on Generation Z, educational neuroscience and high performance leadership.

During his session, Dr. Walker explained a few of the traits of generational groups that are, or will be, employed by your organization in the future and challenged everyone to be willing to adapt their leadership style accordingly. 

Generation Z: (Born 1996 – 2015)

According to Statista, Gen Z represents 24% of the workforce worldwide. Gen Z grew up in households that were significantly affected by 911 and the 2008 recession. As a result, financial security and stability are vital to them.

Gen Z’ers are entrepreneurial and ambitious. Surveys show that about half of them want to work for themselves – because they believe they can do “it” better – while half also want to do something that will change the world. They are competitive and financially driven. They have expectations of advancing in their roles quickly and being rewarded financially. This group is prone to burn-out, so they will need your assistance to achieve work-life “harmony.”

Gen Z values authenticity and meaningful interactions. Although they are digitally astute, they prefer to communicate face-to-face and work collaboratively. Gen Z craves feedback in real-time. Waiting until their annual evaluation to provide negative feedback will likely offend them. They want mentorship and constant feedback. They appreciate it and value it.

They value inclusion, social justice, diversity, and fairness. Dr. Walker noted organizations that simply aspire to these values would not impress a Gen Z candidate. They are influenced by “Doers.”  Congruence between what organizations say and what they do is absolutely critical to Gen Z.

Millennials or Gen Y: Born 1977 – 1995  

By this year, 2020, Millennials are forecast to comprise half of the American workforce, and by 2025, 75 percent of the global workforce. 

Millennials do not want the life of their parents, who valued work over relationships. They value work-life balance suited to allow them to enjoy their lives outside of work. Work satisfaction and financial stability are essential to Millennials; however, they aspire to strike a healthy balance between work and relationships outside of work.

This generation seeks a first-name basis relationship with their employers. They treat their employers respectfully, but they expect their employer to earn their respect. They enjoy a relaxed work environment where colleagues at various levels of leadership and responsibility can easily talk, joke, and laugh with each other while maintaining the appropriate hierarchical management structure.

Millennials value honesty, are eager to learn, appreciate personal connections, efficiency, and a sense of community.  

Generation X: Born 1965-1976   

According to Statista, Gen X represents 35% of the workforce worldwide.

The income gap between Gen X and Millennials grows wider each year.  Generation X makes more money and spends more money – 11% more than Boomers and 33% more than Millennials. They spend more because they are raising a family and caring for aging parents. The dual responsibility of caring for parents and children puts a high demand on their resources. 

Gen X values freedom and responsibility in the workplace. They are more likely to question authority than their parents and prefer flexibility in work arrangements. They don’t want to be micromanaged.  

Baby Boomers: Born 1946 – 1964 

Baby Boomers represent 6% of the workforce worldwide.

Baby boomers are hard-working – some would say workaholics – and motivated by position, prestige, perks, and money. They are independent, confident, and define themselves by their professional accomplishments. Their parents grew up during the Great Depression, and Boomers grew up under the threat of global nuclear war. They were exposed to protective drills in school in the event of a nuclear attack, lived in households stocked with food and supplies, and knew where they would shelter in the event of a nuclear attack.

A “good worker” was defined as having a strong work ethic and the willingness to “do whatever it takes to get the job done.”

Baby Boomers are often critical of younger generations for what they perceive as a lack of work ethic and commitment. 

What does the future of work look like across multiple generations?

The influence of Gen Z and Gen Y is already changing what work looks like. The future of work will value health and wellness, offer flexible workspaces and work locations, emphasize continuous professional development, use technology to create efficiencies, and enable a mobile workforce. According to Dr. Walker, the future of work will include workplace neurodiversity and the use of collective intelligence to solve problems.  

“Neurodiversity is a concept where neurological differences are to be recognized and respected as any other human variation. These differences can include those labeled with Dyspraxia, Dyslexia, Attention Deficit Hyperactivity Disorder, Dyscalculia, Autistic Spectrum, Tourette Syndrome, and others.”

Research suggests that neurodiverse individuals receive, process, and interpret information differently and often solve problems in unconventional ways. These employees are loyal, highly dependable, and adept at fitting into different work cultures.

Collective intelligence (CI) is shared or group intelligence that emerges from the collaboration, joint efforts, and competition of many individuals and appears in consensus decision making. Dr. Walker explained it this way:

“[A] group-based approach to harnessing the collective intelligence of people who work together, matching different skills and knowledge sets of internal experts to address future project needs.”

Collaboration is how younger generations prefer to work. As leaders, we are responsible for “upskilling” our employees so that we can build an environment that supports collective thinking to solve problems.

What now? 

Multiple generational organizations are the future and understanding the behaviors and drivers for each generation is critical for success. There are new ways of working every day. Collaboration and communication continue to be two of the most important components in bringing the generations together, especially as the world embraces a work from home mentality. 

Every generation is expressing a need for more flexibility, the opportunity to shift hours—to start their workdays later, or earlier, for example, or put in time at night, if necessary. Work-life balance drives satisfaction for all generations. The similarities in attitudes across generations are striking when it comes to benefits that drive satisfaction.

Multi-generation organizations are here to stay. The key is to foster the intergenerational culture by respecting the varied differences each generation contributes. It also means working as a proactive leader to eliminate strife, find the similarities and strengths and establish clear communication paths to ensure loyalty and success.

A Balanced Approach to Outside Counsel Management

I recently had the privilege of moderating a panel with four legal operations superstars from leading organizations. On the panel were Mark Smolik (GC of DHL Americas), Preston McGowan (Chief Transformation Officer at Goldberg Segalla), Kevin Iredell (Chief Marketing Officer at Lowenstein Sandler) and Chris Ende (Chief Value Officer at Goulston and Storrs).

The central question examined by the panel was whether selection and management of outside counsel should be more relationship-based or more based on “hard” legal ops criteria where success is defined more by hitting objective performance metrics rather than the strength of personal relationships.

The panelists agreed that “pure” relationship-based management is no longer enough. Relationships will always have a place, but there are stakeholders in client organizations (think CFO’s) that are not party to those personal relationships. Those stakeholders want to see objective data that proves that what they are getting is not nepotism, but good quality at a good price. Law firms that think they can ignore the legal ops movement and get by on the strength of personal relationships will lose those relationships. By the same token, GC’s and other top corporate law department folks who do not want to undergo the temporary pain of fixing broken or nonexistent processes will be replaced by people who are on board with legal ops and open to change.

Analytics set firms apart

The above points were underscored by the example one of our panelists gave of an RFP for an important piece of litigation. The company’s tried and true law firms responded with more or less boilerplate responses about how experienced they were, their sterling reputations, etc. However, there was one firm that, rather than bragging about how awesome it was, proved it. Their RFP response was a detailed analysis of the present litigation together with a nationwide analysis of all similar litigation against the company, the judges and plaintiff’s attorneys involved, the status of those cases, and a recommendation of how to proceed with the present case based on that information. When the GC read the response, he instantly knew this was the firm he was going to use.

In the new legal ops-based world, that is the kind of demonstrated operational competence that is going to win work. The panelists, some of the most distinguished names in legal operations from both the law firm and corporate sides, underscored this idea repeatedly by making remarks like the following:

  • I am going to hire you because you’ve proven to me using data that you are the best organization to solve my problem, not because you bought me Super Bowl tickets.
  • Do not think you are going to get work from my organization because of your legal expertise. Legal expertise is table stakes. I want to hear about things like how you manage to budget, how you use technology, and how you realize diversity.
  • Even though I value the personal relationship between us as inside and outside counsel, the reality of today’s marketplace is in five years I may be working somewhere else and so might you. So part of my job is to build a relationship between our two companies so they can continue benefitting each other without a hiccup if either or both of us move on.

Augmenting, not replacing, relationships

From the above, one might conclude, as some legal procurement professionals prematurely did a couple years ago, that “relationships are dead.” But our panelists made it clear that that way of thinking was dead on arrival. Trust matters, just like it always did. History matters. Liking another human being matters. Legal ops hasn’t changed any of that and isn’t really trying to.

In fact, our panelists described the concept of legal ops “vs.” relationship-based management as a false dichotomy. Legal ops discipline, rather than taking away from relationships, is transforming them by putting them into a structure where third parties can see that they are actual businesslike relationships and not just cronyism. Just as law firms who don’t get legal ops will lose client relationships, legal ops folks who take a hardcore “procurement”-type approach will lose law firm relationships when those law firms come to feel they are not being treated as trusted advisors but as commodities. They will take their talents elsewhere.

In conclusion, it’s not relationships VS. structure. It’s relationships AND structure. Human warmth AND process/technology. That is what modern law practice looks like.