[Ed. Note: Welcome guest blog post writer David Kamien, Founder and CEO of Mind-Alliance System. – GL]

To produce company profiles and intelligence reports (aka business intelligence or competitive intelligence reports) that help partners and Business Development (BD) managers prepare for meetings and respond to RFPs, law firms should keep five core principles in mind. Deploying technology at the nexus of BD and Research Services is a core focus for Mind-Alliance, and we’ve learned these best practices over the years.

1) Deliver Tailored Reports Quickly

The fastest way to produce company reports is to complete templates automatically using API-driven feeds from multiple data sources. When partners and BD managers have templates set up for different use cases—something they can do themselves or have research teams do for them—they can get most of a report completed in seconds, leaving analysts time to focus on writing executive summaries and completing report sections that require substantial research and analysis. Partners benefit greatly from having time to absorb the information in a report and to ask colleagues deep questions. When analysts must painstakingly complete templates by searching data sources and manually pasting the information they retrieve, they typically can only produce 5–7 reports per week. That number can potentially increase by an order of magnitude when API automation is introduced.

Understanding your internal client’s context and why a partner requests a report at this particular time is key to tailoring a report’s data, structure, and format and delivering it at the right time. For example, partners may need very different information depending on their practice group, the industry of the target company, recent events, the issues and work to be discussed, and other factors.

Analysts who create company report templates in Word struggle to maintain custom template versions for all the partners and BD managers across the firm. Semi-automated report template creation enables research teams to create and manage ten times more report templates.

Producing company reports manually is a massive drain on Research Services teams and comes at the expense of anticipating and deeply clarifying requester needs. With effective automation, firms can provide every partner with profiles about their clients and prospects on-demand and facilitate BD collaboration.

2) Use High-Quality Data Sources

Using high-quality data sources and delivering reports with current information is key to earning and maintaining the reader’s trust. At leading firms, the research and information professionals buy data feeds delivered via Application Programming Interfaces (APIs) to supplement desktop subscriptions that must be searched manually via Graphical User Interfaces. Experienced research analysts  know which companies and products supply the highest-quality data for each field used in a report and when it is wise to compare answers from different sources. That knowledge should get documented in thoughtfully-designed report template setups, instead of existing only in the analysts’ minds or notes.

3) Foster Knowledge Sharing and Collaboration

Increasingly, law firms recognize that building effective collaboration and knowledge sharing between teams involved in BD is vital to spotting and seizing opportunities in a well-coordinated manner. While interacting with each other, partners, BD managers, and research analysts should be able to comment directly on report content, suggest edits, engage in Q&A exchanges, and discuss BD next steps. Research analysts should be able to divide and conquer the work required to complete a company report, something that is not easy to do in real time with legacy approaches.

Most law firms lack this capability because they produce company profile reports as static PDF, Word and PPT documents, which they distribute as email attachments.  Email is an inefficient medium for interacting with other readers in the firm and does not lend itself to discussing report content with colleagues, which should ideally be supported both asynchronously and synchronously. Dynamically updated company profiles serve as a single source of truth. With legacy approaches, static document reports are short-lived, as each time an update occurs, they need to be exported as PDFs again.

4) Leverage Analytics and Reporting

With analytics and reporting about company profile report production and consumption, Research directors and BD teams can

  • Spend money strategically and wisely on data. They can know which data they use most frequently in reports and other requests and adjust their purchases accordingly.
  • Know how much of their analysts’ time is spent on manual copy-paste work when producing reports rather than on higher-value analysis and engagement with internal clients.
  • More easily collect feedback from report consumers and determine which people, company reports, and BD guidance contributed to winning new business.

Large law firms already spend millions of dollars per year to license data from external providers. Their Finance, Knowledge Management, and Marketing departments spend extensive resources managing internal financial, relationship, and experience data. Yet most firms struggle to bring this data together in useful ways for partners and BD professionals.

5) Leverage Artificial Intelligence and NLP

Storing the information in reports in a knowledge graph makes the content from all past reports significantly more findable and reusable. Think of a knowledge graph as a database where the meaning and relationships of the data are unambiguously defined, connected, and tagged based on ontologies that use formal semantics to support reasoning and Artificial Intelligence (AI) applications such as chatbots. Leading firms are using taxonomies and ontologies such as the SALI Alliance LMSS and the Financial Industry Business Ontology (FIBO) in tandem with Natural Language Processing technology to tag unstructured text with metadata.

With a knowledge graph, users can get direct answers to natural language questions, as one does on Google with a query such as, “Where are Apple headquarters?” that receives the answer, “Cupertino, CA” in a knowledge panel. If research reports are stored in document management systems as Word or PDF documents, the content is rarely reused and cannot be used to answer natural language questions.

Recommender systems can leverage knowledge graphs to suggest data fields and natural language questions to include in reports, taking into account the user’s recent activity and interest profile. Knowledge graphs can also lower the cost of data management by facilitating data integration and alignment, breaking down traditional data silos across various systems more easily.

Where to go from here?

Law firms that can’t provide all lawyers with high-value, on-demand reports about all clients and prospects are increasingly at a disadvantage. You might be wondering if your Research and BD teams follow these principles when producing company profile reports. Mind-Alliance can conduct an audit of your current capabilities against these five core principles. We will evaluate your processes and technology against our assessment framework and provide you with a report highlighting gaps and suggesting how you can make improvements. Reach out if this is of interest.

Mind-Alliance’s MindPeer BD platform facilitates report design and integrates data from APIs so research analysts produce higher-value custom reports at scale and get more value from data resources. Sign up here for a no-strings-attached demo to see it in action.

On the most recent Legal Value Network podcast, hosts Chad Main and Keith Maziarek interviewed Professor Richard Jolly from the Northwestern Kellogg School of Management about law firm leadership and how difficult it is to teach leadership skills to partners. Jolly uses the analogy of foxes versus hedgehogs. Where foxes are very adaptable to their environments and hedgehogs are animals who do one thing very well. They also go into the benefits of narcissistic personalities in the legal industry, but I may save that topic for another time.

The part of the conversation which caught my attention begins around the 31:50 mark of the podcast. Professor Jolly tells us how he realized that most people in law firm leadership did not want to be leaders. They most definitely did not want to be in leadership training.

There was, of course, the usual excuse of “it takes me away from billing time.” Jolly says:

“One of the things I remember, for years I was running leadership courses for law firms for partners. And, I’m almost embarrassed to admit this, but it took me quite a number of years to realize that the partners didn’t want to be there. This was taking them away from their billable hours. I remember I ran this two-day leadership course for them. And it was a Friday and a Saturday, of course, I didn’t want to take away too much client time.”

So, problem one is minimized. Now on to problem two: What do you want to cover in the leadership training? Professor Jolly proactively addresses this issue with the law firm partners:

“I sent out a form in advance about what are your objectives what you want to get out of this training? And one of the lawyers, he wrote, and at the time I was devastated by it, but with hindsight it just makes you burst out laughing. He said, ‘My one objective is to avoid all roleplays.'”

Okay. We’ll be there, but I don’t want to do anything that may make me uncomfortable or expose any weakness in front of my peers. This caused Professor Jolly to come to realize why lawyers don’t want to be in leadership courses to begin with.

“lawyers don’t want to be leaders, they want to be the trusted experts, and maybe even the trusted advisors. That’s their professional identity. And I realized they didn’t want to be in leadership courses.” 

It makes sense if you step back and think about it. Lawyers aren’t there to lead clients, they are there to guide clients through a process. Advise them on the least risky manner in which to proceed. To be there to help them when they are in need. 

So what’s the problem with being a trusted advisor with no leadership skills? The biggest issue is that these lawyers also run the business of a law firm. They have to manage teams, negotiate new work, and operate a business that may have hundreds of people depending upon these lawyers to be successful and profitable. I’ve heard more than one keynote speaker say that law firms are profitable despite the lawyers rather than because of the lawyers. It also fits the narrative of Richard Susskind and others who complain that it is hard to tell millionaires they are doing something wrong.

Professor Jolly tackles the topic of negotiation skills head-on. Lawyers must negotiate with their clients on the scope of the legal matter. That’s how prices and expectations are set. When the scope changes, then the lawyer and client are supposed to renegotiate the terms so that there is transparency on the work performed and the price paid. The problem?

“And most lawyers have done no negotiating training. And what I realized is that part of the problem here for law firms is you just haven’t been trained to negotiate. And you’re dealing with world-class negotiators, who not only have been trained to do it, they do it as part of their daily lives. And professionals are terrible at it. So your whole thing about the charging out of scope for billable hours. So often, we just avoid those difficult conversations. Because we don’t like conflict. We don’t like talking about that. And we sort of rather hope it’s all okay.”

Hope is not a strategy. But many of us see it happen all the time. 

So the moral of the story here is that we can’t just set up leadership training for law firm leadership and expect it to actually produce new skills in these lawyers. Professor Jolly actually adjusted his own approach to moving away from running leadership courses to more one-on-one coaching. And specifically for those who are in “genuine leadership positions in the legal world.” And one of the key pieces of that coaching is focusing on negotiation skills. 

The discussion between Professor Jolly, Keith Maziarek, and Chad Main has many more nuggets of information, so I highly recommend listening to all of it. But, I did want to point out the best comment that Professor Jolly mentioned about why some clients love the fact that their outside counsel tries so hard to avoid conflict and lack negotiation skills.

“The problem is because lawyers are so smart, they think they can use their cognitive capability to win in situations. And so often, I won’t tell the details of the story here, but one client said, “You know what, when I’m with my external counsel, it’s just so easy to negotiate with them.” He said “sometimes, you know, it’s like clubbing baby seals,” is the analogy he used. And I was shocked. It’s such a terrifying metaphor. But I think that law firms, because they rely on their intellect so much as lawyers, I think there’s a sense that we must be good at negotiating. But I think that’s the key problem.”

Check out more of the conversation at the Legal Value Network podcast, Professor Richard Jolly (Northwestern) & Keith Maziarek (Katten) on Legal Tech Adoption, Lawyers as Hedgehogs or Foxes and Why Narcissistic Personalities Help in the Law

 

When the pandemic began, many law firms prepared for the worst by furloughing or laying off lawyers and legal professionals. Many of these same firms then found themselves at a disadvantage when the hiring spree began in the fourth quarter of 2020. Leopard Solution‘s Phil Flora joins us this week to talk about the numbers that they tracked over this time on hiring and movement in the legal industry. Pre-pandemic, there were 6,000 – 7,000 open jobs at any given moment. Currently, that number is 12,000+. And it doesn’t appear to be slowing down.

Phil Flora discusses a number of issues around how law firms and others are managing, recruiting, and retaining talent in such an active market. Of course, money is the traditional approach for law firms, and that is no exception this time around. However, Flora points out that there are a lot of “greats” going on in the market, including the “Great Pause”, the “Great Resurgence”, and the “Great Reflection” to name a few. And while money will be one piece of the solution, legal talent is wanting many more adjustments in order to keep them content and in place. This includes more work flexibility, mentoring, and even more social awareness by the law firms when it comes to how they align with societal goals.

Crystal Ball Question

We asked Norton Rose Fulbright’s Zack Barnes to look into his crystal ball and predict what he sees for the legal industry. Barnes’ future expands upon the ability for the legal market to expand upon the sandboxes created by Utah and Arizona to allow for ownership of law firms beyond the licensed attorney ranks. For true business innovation, there needs to be diversity in the ownership ranks.

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Transcript

Continue Reading The Geek in Review Ep. 153 – Phil Flora on What Law Firms are doing in the Battle for Talent

This is a topic we’ve wanted to discuss since early 2019, but teaching stints in Helsinki, and a global pandemic pushed it back almost three years. But we did not forget about the topic of The Right to Be Forgotten! However, in that time, even the phrasing of the topic has changed to The Right to Erasure. Our guest, Anne Klinefelter, Director of the Law Library and Henry P. Brandis Distinguished Professor of Law, catches us all up on the current issues surrounding data privacy and the Internet both here in the US, as well as in the EU.
Klinefelter’s view of privacy is that while we haven’t done a great deal of work to protect individual’s privacy in an economic model based on surveillance capitalism, we have done some things. Her vision of the future is that the Internet still has the capability of being the Utopia we once hoped it would be, but it will probably get far worse before it gets better. And those who benefited from the weak data privacy regulations may end up being the very people who come in and change it for the better.
We also talked with Molly Huie from Bloomberg Law about the 2022 DEI Framework survey which is now open for law firms. Molly lists out a number of new data points included in the framework, including neurodiversity, origination credit, and partnership tracking topics in law firm diversity efforts.

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Music: As always, the great music you hear on the podcast is from Jerry David DeCicca.
Transcript 

Continue Reading The Geek in Review Ep. 152 – Anne Klinefelter on The Right to Be Forgotten in the Age of Internet Surveillance Capitalism

We bring on a fellow legal industry podcaster this week to talk about the launching of her brand new podcast, The Portia Project. M.C. Sungaila is a shareholder at Buchalter in California and she noticed that while there were a number of female judges making it onto the trial court bench, there were still a small number at the appellate level. This motivated her to seek out a platform for those judges who were at the appellate level to share their stories and perhaps encourage others to seek out similar roles. M.C. discusses how her original idea of creating a book on the topic morphed into the podcast platform as a result of not just the length of time it takes to compile a book, but also because she quickly discovered that being able to actually hear these stories told in first-person had more of an emotional effect than the printed page could convey.

M.C. shares how the experiences of women joining the judiciary changed over the past few decades. How the challenges shifted from the 70s and 80s into the past couple of decades. That the barriers shifted from obvious issues to more subtle obstacles. She also notes how there is a theme among these stories of women trailblazers in particular areas of legal practice, only to be supplanted by their male counterparts once those areas of practice become more prestigious. It is this type of shared storytelling experience that makes podcasting such a popular platform and M.C.’s Portia Project brings these important stories to life. We hope you enjoy this discussion as much as we did.

Crystal Ball Question

While we may be back to a more “regular” style of podcast episode this week, we still have some recordings from LegalWeek that we are going to share for a few more episodes. We asked a number of attendees our Crystal Ball question of “what significant changes do you see in the legal industry over the next five years?” This week, David Bartolone from Wolters Kluwer sat down at the microphone in New York and gave us his projection on the role APIs will play in the near future.

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Continue Reading The Geek in Review Ep. 151 – M.C. Sungaila and The Portia Project Podcast

This week we celebrate not just our 150th episode, but also our first live conference in over two years. We traveled to New York City to attend LegalWeek 2022 and recorded live (after a number of technical difficulties.

We discuss what it feels like to be surrounded by 2,000+ of your closest friends and colleagues and some of the presentations we saw while we were here.

Ignatius Grande, Director at Berkeley Research Group LLC also joins us to share his experience and the topic of ethics in data analytics and legal technology, especially in the era of ESG in the legal market.

It’s great to be back surrounded by so many people, but it is also a very strange feeling! We hope to see more of you this year as more and more conferences and travel (hopefully) happens.

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Continue Reading The Geek in Review Ep. 150 – Live From New York… It’s LegalWeek!

Sarah Sutherland from CanLII joins us this week to talk about her new book, Legal Data and Information in Practice: How Data and the Law Interact. We have a fun and informative discussion about how the legal industry, ranging from courts, firms, law schools and start-ups are leveraging data within their organizations and how new technologies are allowing us to do amazing things with data that we could only dream about a few short years ago. While many of us in the law understand the messiness of the data we produce and collect, however Sutherland points out that there are many industries where the data is messy, and they are using that data to increase the value of the services they provide.

That being said, there are still a number of ways in which we create and collect data that need improvement to support current and potential uses. Leveraging data in better ways helps the legal industry across the spectrum. Whether that is the large law firms assisting global corporations, or helping individuals with access to justice needs. Sutherland’s hope is that a legal industry that has better structure data results in better outcomes for everyone needing legal services. Sarah recently wrote about a hypothetical law firm where she quantified the value of improved information and data.

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Information Inspirations

A recent leak of confidential court records in California from Tyler Technologies, Inc.’s Odyssey Case Management System is having a wider affect that the court initially thought. It turned out that third party data collection also gained access to the information, including attorney disciplinary records and juvenile records. In addition, no one is really certain if the leak was limited to just the California courts.

Lex Machina and LexisNexis recently released their latest Law Firms Activity Report, which surveys the most active law firms in federal district court.

You know what we are missing? Another Law School in Florida! Enter The Jacksonville University College of Law to become Florida’s twelfth law school in the state.

You know what else we have been missing? Legal Explainer TikToks. But now we have them thanks to Harvard Law Spouses, Maclen Stanley and Ashleigh Ruggles, both 2018 Harvard law grads, They published a book last summer called The Law Says What?: Stuff You Didn’t Know About the Law (but Really Should!), and a TikTok page spun off of the book. Perhaps we need a Geek in Review TikTok page?? Or, perhaps not!!

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Music: As always, the great music you hear on the podcast is from Jerry David DeCicca.

Transcript

Continue Reading The Geek in Review Ep. 149 – Sarah Sutherland on How Data and the Law Interact

With the influx of Venture Capital and overall interests in Contract Lifecycle Management (CLM), the rest of the legal industry is finally figuring out what InnoLaw‘s Lucy Bassli has known for years; contracts are sexy. We sit down with Lucy to discuss her second book, CLM Simplified: Efficient Contracting for Law Departments and the potential of making the contract process faster, better, easier, smarter, more efficient, operationalized, and automated is the concept that is so appealing. Lucy Bassli’s experience in-house with Microsoft helped launch her new career advising other in-house and outside counsel on legal operations, and how to really communicate with one another in ways to produce true innovation.

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Information Inspirations

The Debt Relief Clinic was named the 2022 recipient of the Louis M. Brown Award for Legal Access for its commitment to increasing legal services to low-income Tennesseans and reaching that goal through the innovative use of technology.

We talked about the Law Firm Antiracism Alliance back in August of 2020 (Ep. 83), well our guest, Skadden’s Brenna DeVaney along with Cravath’s Kiisha Morrow talk with Thomson Reuter’s Thomas Kim to catch us all up on the progress that LFAA member firms are doing in order to keep up the momentum we all felt after the summer of 2020.

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Music: As always, the great music you hear on the podcast is from Jerry David DeCicca.

Transcript

Continue Reading The Geek in Review Ep. 148 – InnoLaw’s Lucy Bassli on the Sexiness of Contracts

When Sang Lee set out to begin her own talent management and recruitment company, her two-decades of experience taught her that much of the industry felt like a charade. To change that, she thought of the phrase, “To Thine Own Self Be True” as a guiding principle and from that came the company she co-founded called Thine. The youngest of three daughters from an immigrant family, she had many expectations placed upon her, but while she and her sisters all graduated from Georgetown Law School, her father’s dream of a Lee, Lee, & Lee law firm never came into fruition. Instead, Sang found herself in the legal recruiting profession after working as an associate in a large law firm. In 2019, she launched Thine with Jon Strom where they focus on custom assessments and benchmarking for recruiting, leadership skills, and competency assessments to find and build great fits for both the law firms and the attorneys. Thine’s use of algorithmic data, Organizational Psychology, and interview insights creates assessments which reflect what it really takes to be a successful attorney within the firm.
Check out Thine’s and Ari Kaplan Advisor’s Report on how the legal industry is approaching hiring, development, and promotion of associates. 

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Information Inspirations
Down to the Struts is a podcast focusing on issues regarding living with disabilities. In the latest episode, host Qudsiya Naqui is joined by fellow podcasters Cheryl Green and Thomas read to talk about their experiences and the lack of support from the non-disabled community.
Data may be undervalued as an ESG strategy, but with new business scoring which looks at company ESG statements, businesses may need to start looking at the data as part of their overall strategy.
Maya Markovich, Kristen Sonday, and Sonja Ebron join Talk Justice’s podcast host, Jason Tashea to discuss this launching of the new Justice Technology Association (JTA.)
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Music: As always, the great music you hear on the podcast is from Jerry David DeCicca.

Transcript

 

Continue Reading The Geek in Review Ep. 147 – Sang Lee: Talent Management That Enables People to Be True to Themselves

There were a number of SNAFUs the past couple of weeks here at The Geek in Review, but even with scheduling difficulties and personal emergencies, we wanted to get an episode out this week. In order for everyone to “get their geek on,” we created an “Information Inspirations” episode. We’ll be back next week with more traditional content, but we hope you enjoy our musings on news and ideas around the legal industry.

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Information Inspirations
Bill Henderson’s State supreme courts and the challenges of PeopleLaw discusses the power that state supreme courts have in the regulation and delivery of the legal industry and access to justice. These courts have the power over the market structure, dispute resolution, and licensure of the practice of law. However, the Justices are reluctant regulators and Henderson suggests that they need to shake off this reluctance and fix a system that is in serious need of change.
The American Bar Association is poised to change a series of law school accreditation rules and the change could go into effect as early as this fall. This round of changes deals with anti-discrimination training that law students need to take before they can graduate. 
The ROSS v. Westlaw battle continues with ROSS recently crying foul that Westlaw is using copyright arguments to maintain what they claim to be a monopoly on legal information. Julie Sobowale dives a little deeper on one issue that affects both US and Canadian legal research innovators, and that is access to primary materials like case law. 
Law School 1Ls and 2Ls shouldn’t just look at BigLaw for their summer associate work. Working with startups or venture capital firms may be another option out there. 
The legal industry looked to the NFL’s Rooney Rule to help guide our own version through the Mansfield Rule. While the NFL gave a good blueprint for how to expand the search for minority talent, a recent lawsuit by former Miami Dolphin Head Coach, Brian Flores, alleges that it is also a blueprint for how to claim we are doing great things for minority hiring, but the reality is that it is a check-the-box and continue-as-normal process.
The era of COVID produced a major shift in the concepts of virtual court proceedings. While we’ve had bumps in the road, it seems that virtual courts are here to stay. 
Bonus Inspirations
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Transcript

Continue Reading The Geek in Review Ep. 146 – All Information… All Inspirations