At present, the most universal priority for law departments is “controlling outside counsel costs” per 85% of respondents to the most recent TR Legal Department Operations Index.

I understand. I also doubt the marginal utility of simply pressing harder on the traditional levers of cost control (discounts, panels, RFPs, outside counsel guidelines, AFAs). My sometimes solicited, alternative advice:

  • Package work. Identify opportunities to enter portfolio arrangements, including integrated law relationships with New Law offerings.
  • Move work. Right source, including greater use of legal marketplaces to find the right talent at the right price.
  • Re-examine costs on autopilot. Major advances in ediscovery, ADR, court reporting, staffing, etc. present substantial, immediate spend-optimization opportunities.
  • Don’t stop investing in compliance by design. Embedding legal knowledge in business processes is the only viable, long-term approach to meeting the evolving legal needs of business in an increasingly complex operating environment.

If you want to discuss, call me, maybe.

Herein, however, I am not focused on being better. Rather, we will continue our exploration of avoiding worse. The unpalatable message remains that even when something must be done, doing nothing is superior to doing the wrong thing. Running in the wrong direction cannot be course corrected solely by redoubling our efforts.

Continue Reading Trust Fall: the limits of discounts, panels, billing guidelines, etc.

This week’s guest, HBR Consulting‘s Axelle Flemming, stresses that “Intentional Leadership” creates leaders who “own their purpose.” And a purpose is separate from a business “goal.” Axelle’s experience showed her that when a leader truly knew what their purpose was, the purpose they were trying to achieve, they went to that level of execution. In addition to being an Intentional Leader, that must be balanced with the wellness of the organization and its people. In today’s work environment, we are in 24/7 fight or flight mode and intentional leaders understands that challenge. Leaders also see beyond their own goals and purpose and see other people’s goals and purpose as well.
On Thursday, September 15th, Axelle Flemming is presenting a Keynote presentation at HBR’s Legal Information + Knowledge Services (LINKS) Conference, on this very issue. She “sprinkles” in some of the spice of her talk her on the podcast, but will bring the “secret sauce” to the LINKS Conference.
Marlene Gebauer and Greg Lambert, along with John DiGilio will wrap up the conference through a discussion of Axelle Flemming’s and the other presentations of the day.
Registration for the LINKS event is open all the way through the day of the conference.

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AALL Crystal Ball Answer
Our good friend, Mark Gediman of Alston & Bird, answers our Crystal Ball question by predicting how Law Schools and Law Firms will collaborate on business and competitive intelligence processes to help law students better prepare for the practice of law once they enter the profession.
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Contact Us:
Twitter: @gebauerm or @glambert
Voicemail: 713-487-7821‬
Email: geekinreviewpodcast@gmail.com
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Jerry David DeCicca
Transcript:

Continue Reading Intentional Leadership is about Owning Your Purpose – HBR’s Axelle Flemming (TGIR Ep. 173)

Five years ago, Dr. Heidi Gardner, Distinguished Fellow at Harvard Law School and co-founder, Gardner & Co, wrote the book, “Smart Collaboration” where she laid out the “why” behind smart collaboration efforts. In her upcoming sequel, “Smarter Collaboration: A New Approach to Breaking Down Barriers and Transforming Work,” Dr. Gardner explains the “who” and the “how” behind collaboration. The issues that law firms face today are incredibly complex and multifaceted. And in an industry famous for “going it alone,” that approach exposes firms to much greater risk than those who find ways of implementing “smarter collaboration” techniques. 
Smarter Collaboration helps increase revenues, profits, and efficiencies while reducing risks and improving client relationships and positive outcomes. While the idea of collaboration may sound like a “soft topic” for law firm leaders, Dr. Gardner points out that there is empirical data behind this and if firms are not engaging in smarter collaboration when doing the “real work” then they are either doing something that is pretty low value, or that falls into the realm of commodity work.  
In addition to data driven analysis, Smarter Collaboration also includes a number of examples of how companies and law firms thrive through the use of Smarter Collaboration. Plus, there is a test on determining behavioral tendencies when it comes to collaboration. This psychometric tool helps identify seven different dimensions which can lead to great collaboration within the organization, or may be barriers to collaboration. And, as strange as it may sound to those of us in the legal industry, law firms are not unique when it comes to collaborative behaviors. In fact, Dr. Gardner says law firms are more different from each other than they are from other professional services industries or large corporations.
Listen in for more details on the upcoming book, Smarter Collaboration.

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AALL Crystal Ball Question
This week we have John Beatty from the University of Buffalo Law School answer our crystal ball question where he points out that the pipeline of traditional law librarians for law schools may be running dry.
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Contact Us:
Twitter: @gebauerm or @glambert
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Transcript

 

Continue Reading Increased Revenue, Profits, and Efficiencies through “Smarter Collaboration” – Dr. Heidi Gardner (TGIR Ep. 169)

HyperDraft’s Tony Thai knew he could produce a better method of practicing law and producing legal documents. He viewed processes more like an engineer than a lawyer and understood that there were more efficient ways to do the work, not for the sake of efficiency, but because like any good engineer, he was lazy. Or, as he describes himself, “aggressively lazy.” Not lazy in the traditional sense, but rather lazy in the way that many of us understand that the current way of working is just wasting everyone’s time, and there has to be an easier/better/faster way of doing it. The good kind of lazy.
So after months and years of waiting for the industry to find ways of creating a better process, and failing to actually do it, he jumped in and just did it himself. The idea that he’d been working on and developing to make his own corporate law work better, became his full-time gig and the launch of HyperDraft. This year his fellow BigLaw colleague, Sean Greaney joined HyperDraft as its first General Counsel.
We talk about their journey to create a commercial product. Along the way we ask if creativity, innovation, and producing viable commercial products like HyperDraft means that lawyers at firms have to split off from that firm? The answer is a mix of yes, no, and maybe. One thing that both point out is that while the idea may be viable, a young associate really doesn’t have the legal experience needed to understand the nuances involved in creating a deliverable that scales and fits the overall needs of the lawyer and the client. That’s why Tony and Sean stuck around for a few more years to learn the in’s and out’s of the processes before leaving to launch HyperDraft. It’s a lesson that many entrepreneur/lawyers may want to learn before launching their own startups.

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AALL Crystal Ball Questions:
We recorded a number of crystal ball answers at this year’s American Association of Law Libraries (AALL) annual conference in Denver. This week, Susan DeMaine from Indiana University Maurer School of Law looks at the effect that inflation is having on law schools and how she and other law school professors and administrators are needing to do to stay ahead of those effects.
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Listener Perk:
HyperDraft is providing Geek in Review podcast listeners with a complimentary month free of its document automation software.
Save 90% of the time drafting legal documents. Click here to try HyperDraft for free.
Transcript:

Continue Reading HyperDraft’s Tony Thai and Sean Greaney – The Compatibility of BigLaw and Innovative Lawyers (TGIR Ep.167)

For those of us who went to law school, a large percentage probably assumed we’d graduate, take the bar, and practice law. But, sometimes life takes you in a different direction. Today’s guest fits that mold, and also decided to talk with 15 other law school grads who also found careers outside the traditional legal practice. Adam Pascarella is the Founder of Second Order Capital Management, and the author of the new book, Reversed in Part: 15 Law School Grads on Pursuing Non-Traditional Careers. Within the book, you’ll also find two former TGIR guests, Ayelette Robinson and Richard Hsu.

Reversed in Part is designed to give inspiration and some practical insights from professionals who followed their passions and how their legal career experiences helped them along the way. Adam tells us how he essentially used the interviews to help guide himself into a career outside of BigLaw and take the risk to start his own business.

LegalWeek Crystal Ball Question

This week we hear from Michael Burns, Chief Revenue Officer at Steno on what he sees for the legal industry when he peers into his crystal ball. For the industry to improve, it’s going to take the help of allied professionals, automation, and even API integration to make it a reality.

Congrats to Marlene

For those who haven’t seen yet, Marlene was included in the ABA’s Legal Technology Resource Center’s Women of Legal Tech 2022Such a great list of leaders, including five former guests. It was nice of the ABA’s LTRC to give us an additional list of eleven more leaders who we need to get on the podcast!!

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Twitter: @gebauerm or @glambert

Voicemail: 713-487-7270

Email: geekinreviewpodcast@gmail.com

Music: Jerry David DeCicca

Transcript

Continue Reading The Geek in Review Ep. 154 – Adam Pascarella’s “Reversed in Part” – 15 Stories of Non-Traditional Careers After Law School

Matthew Coatney, CIO at Thompson Hine, and author of The Human Cloud sits down and talks about what he sees as the transformation of how we work. According to Coatney, freelancing and project-based work (The Human Cloud) combined with Artificial Intelligence and Machine Learning (The Machine Cloud) will soon disrupt the way we deliver work. Law firms will not be exempt from this disruption. Matters are really just projects.  Contract attorneys are freelancers. According to some experts, 80% of work to be done by organizations in the 2030s will be project-based work. And AI and ML will eat into the other 20%. Coatney says that we are missing out on an opportunity if we are not preparing for this reality.

We asked how life as a CIO has changed over the past couple of decades for a CIO in a law firm and Coatney says that a CIO of 2000 would have culture shock if they were to be transported to today. CIOs are still the brand ambassadors of the IT departments, but Chief Technology Officers and Chief Data Officers are making their way into the fold to help offload some of the overwhelming responsibility that many of today’s CIOs find falls on their shoulders.

Matt also co-hosts The Human Cloud Podcast with Matthew Mottola where they put out twice-weekly episodes diving deeper into these topics. Go check out “The Matthews” on their own pod if you’re curious about how the structure of work is going to change.

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Information Inspirations
You may have noticed that we took last week off from this podcast, but we were busy recording other podcasts to fill the void.
Greg went on the Legal Value Network’s “Off the Clock” podcast and talked with Keith Maziarek of Katten and Percipent’s Chad Main about the recent increase of available APIs from a number of legal information vendors. These APIs may very well open the door to a much easier method of pulling data in from vendors directly into internal law firm databases to better prepare firms to handle clients’ needs.
Marlene hosted an ILTA podcast panel on How Virtual Hearings Altered the Fabric of Dispute Resolution with Florida Circuit Judge Christopher Sprysenski, Trial Consultant with Paul Hastings, Jeremy Cooper, and Partner at Jackson Walker, Richard Howell. The three give their personal experiences on how they handled virtual trials over the past twenty months.
Contact Us
Twitter: @gebauerm or @glambert.
Voicemail: 713-487-7270
Email: geekinreviewpodcast@gmail.com.
Music: As always, the great music you hear on the podcast is from Jerry David DeCicca.
Transcript

Continue Reading The Geek in Review Ep. 136 – Matthew Coatney – The Human Cloud: The World of Projects and Freelancers

When we all started working from home last March, we each did something to help us keep sane and stay engaged with our families, our friends, and our peers. Eugene Giudice found a unique way of doing just that with a daily note to all of the above. After more than a year of these daily inspirational emails, he put them into a book called Reflections During a Pandemic: Thoughts While Sheltering In Place. Eugene’s writings mark places in time and bring back memories of those periods of hope and despair. As we begin exiting the pandemic, it helps to reflect back on where we were, and how we managed to get through it.

Information Inspirations
Wolters Kluwer just released the results of the 2021 Future Ready Lawyers survey: Moving beyond the pandemic. Marlene presented this week on a panel to discuss the findings.
There are three sessions (Marlene’s is on June 30th)
Roger Williams Law School in Rhode Island is requiring all of its 2Ls to take a course on “Race & the Foundations of American Law” starting this Fall Semester. To learn more about Critical Race Theory and how it is taught in law school, listen to Cheryl Harris discuss her program at UCLA Law School.
Foley & Lardner presented a session on Non-Fungible Tokens (NFT) and the new areas of legal practice that are to follow along with this blockchain technology.
Private company ownership of law firms may be expanding into Florida soon. The subcommittee of the Florida Supreme Court just returned its recommendations (“in concept only”) to follow the Utah Regulatory Sandbox. TO learn more about what Utah is doing listen to Lucy Ricca’s interview on Pioneers and Pathfinders.
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Please take the time to rate and review us on Apple Podcast. Contact us anytime by tweeting us at @gebauerm or @glambert. Or, you can call The Geek in Review hotline at 713-487-7270 and leave us a message. You can email us at geekinreviewpodcast@gmail.com. As always, the great music you hear on the podcast is from Jerry David DeCicca.
Transcript

Continue Reading The Geek in Review Ep. 123 – Eugene Giudice on Reflections During a Pandemic

This week’s guest is Jennifer Leonard, Chief Innovation Officer at The University of Pennsylvania Carey Law School and the Executive Director of the Future of the Profession Initiative (FPI) at Penn Law. Jennifer joins us to talk about her work with FPI, the record $125M donation to Penn Law from the W.P. Carey Foundation, and the amazing Board of Advisors and people behind FPI. The multidisciplinary approach that FPI takes toward shaping the future of the practice brings together the wealth of schools there at Penn, including the Wharton School, Penn Engineering, the School of Nursing, and more. This approach fits Penn’s founder, Benjamin Franklin’s “entire notion of what education should be is deeply interdisciplinary” and it bridges the ideas of different industries in a way that overcomes some self-limitations that the legal industry places upon itself.

The Future of the Profession Initiative allows for creative approaches to how we educate our lawyers, and how we envision what the profession looks like in ten years with events such as the Law 2030 Conference, and the Future of Racial Equality webinar. One of the most unique projects coming out of Penn Law and FPI is the Five-Year Out Academy which brings back Penn Law alumni at their five-year post-graduation mark and helps these grads navigate the next phase of their career.

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Information Inspirations

There are big data, and there are small data, and there is storytelling. The trick is understanding how to leverage all three. The upcoming webinar on “Storytelling: How to bridge the gap between small and big data” looks to explain exactly how to do that.

Sara Lin, a former guest on the podcast, points out that Data Science and Library Science are partners when it comes to ways of working smarter with information. Her article, “10 ways Data science can help Librarians in AALL Spectrum, checks off the reason librarians need to develop data science skills.

Non-Fungible Tokens (NFT) are a big deal these days. K&L Gates decided to put out a client alert explaining NFTs and then minted that article into its own NFT.

In-house legal departments are demanding that tech companies start recruiting talent who have firsthand knowledge of the problems facing their departments. With companies like Deloitte hiring people like Bob Taylor, it seems that some are getting the message.

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Please take the time to rate and review us on Apple Podcast. Contact us anytime by tweeting us at @gebauerm or @glambert. Or, you can call The Geek in Review hotline at 713-487-7270 and leave us a message. You can email us at geekinreviewpodcast@gmail.com. As always, the great music you hear on the podcast is from Jerry David DeCicca
Transcript

Continue Reading The Geek in Review Ep. 116 – Jennifer Leonard of Penn Law’s Future of the Profession Initiative

After 25 years at Liberty Mutual, Bob Taylor began his new adventure in legal services when he joined Deloitte’s Legal Business Services (LBS) as the Managing Director a few weeks ago. His in-house experience and desire to help create innovative and creative ways of providing legal business services make him a perfect fit to join his new colleagues, Valerie Dickerson, Legal Business Services Partner at Deloitte Tax LLP in Washington, DC, and Mark Ross, Principal at Deloitte Legal Business Services in Los Angeles.
We discuss Bob’s move over to Deloitte, along with the holistic approach LBS is taking with understanding its client’s entire business, and providing multiple services where the overall service is greater than the individual sum of its parts. We also ask each of them to look into their crystal balls and project how they see the Big Four Professional Services, like Deloitte, changing the legal environment over the next decade.

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Information Inspirations
Our friend Kristin Hodgins asked a very interesting question on Twitter about how to start a start-up when you’re not wealthy or have a partner to rely upon.
You don’t have to be a young lawyer to enjoy the insights of young lawyers. The ABA Young Lawyer Division launched its new Young Lawyer Rising Podcast this week and the first two episodes cover Civility and being a young lawyer in the era of COVID.
We all know there’s some hype around big tech, AI, and ethics. Well, MIT Tech Review gives us “50-ish words you can use to show you care without incriminating yourself.”
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Please take the time to rate and review us on Apple Podcast. Contact us anytime by tweeting us at @gebauerm or @glambert. Or, you can call The Geek in Review hotline at 713-487-7270 and leave us a message. You can email us at geekinreviewpodcast@gmail.com. As always, the great music you hear on the podcast is from Jerry David DeCicca.
Transcript

Continue Reading The Geek in Review Ep 113 – Bob Taylor, Valerie Dickerson, and Mark Ross on Deloitte Legal Business Services

For nearly the past twenty-five years, Jeroen Plink worked on the cutting edge of innovation in the legal market ranging from creating software to help with project management and process improvement, to being the CEO of Clifford Chance Applied Solutions. His passion for looking at issues from unique perspectives, as well as his dislike for inefficient processes and waste, has led to a number of successes in legal innovation during this time. As he moves on from the Alternative Legal Service Provider environment and begins his new journey, Jeroen sits down with us to talk about his efforts going forward in Access to Justice, commercial ideas, consulting with law firms, and in-house operations.

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Information Inspirations

The idea of law firms going with a “single provider” on legal information platforms like Westlaw or Lexis may sound good on paper, but Victoria Hudgens points out in a recent LegalTech News article that these ‘one-stop shops’ limit the ingenuity and capabilities of law firms.

It takes a brave person to get between an appellate lawyer and their citation formatting rules. US Supreme Court Justice Clarence Thomas apparently is one of those brave souls. With the use of “(cleaned up)” in the recent Brownback v. King decision, Thomas has created a stir in the legal citation world the likes that haven’t been seen since the Court’s first Internet citation changes in 1996. Blue Book Rule 5.2 and Brownback are at odds and according to a Law360 article from Carrie Garrison from Porter Wright Morris & Arthur, appellate lawyers may be taking sides.

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Please take the time to rate and review us on Apple Podcast. Contact us anytime by tweeting us at @gebauerm or @glambert. Or, you can call The Geek in Review hotline at 713-487-7270 and leave us a message. You can email us at geekinreviewpodcast@gmail.com. As always, the great music you hear on the podcast is from Jerry David DeCicca.
Transcript

Continue Reading The Geek in Review Ep. 109 – What’s Next for Jeroen Plink?