1 Sinch Innovation+IT for In-house Lawyers Conference Presentation, 30 July Co-production the client. the lawyer. the technology Darryl Mountain, J.D.,LL.M. Representative, DirectLaw and DealBuilder ContractExpress Member, eLawyering Task Force, LPM/ABA

2 Jordan Furlong, Partner, Edge International 2 “The traditional platform for legal service delivery is giving way…In its place is emerging a new platform — the internet... When the platform changes, outsiders replace insiders and opportunities abound. Get ready.”

3 Richard Susskind’s Ten Disruptive Technologies Document assembly Relentless connectivity Electronic legal marketplace E-learning Online legal guidance Legal open-sourcing Closed legal communities Workflow and project management Embedded legal knowledge Online dispute resolution

4 Disruption is Relative Disruption is a relative term: it is the business model that is disruptive and not the technology.

Sustaining and disruptive business models that use document assembly technology Lawyer prepares documents, law firm bills using alternative billing method (eg Gowlings Recovery Service Group) Co-production. Hybrid of self-help documents and legal advice (eg Cisco “trap doors”, virtual law practice) If implemented, self-help documents combined with outsourcing would minimize need for legal advice (eg Integreon) Legally safe self-help documents combined with insurance (unlikely) Business models that don’t involve law firms or legal advice (eg Legal Zoom) Lawyer prepares documents, law firm bills using hourly rate (eg Ballard Spahr) Sustaining*Disruptive* Copyright © Darryl R. Mountain, Barrister & Solicitor and President of Ontago Inc., With respect to conventional law firm business models.

6 Chrissy Burns, Director, IT & Knowledge, Blake Dawson Waldron, Sydney in her PhD thesis entitled “Online Legal Services—A Revolution that Failed?”: 6 “It is important to consider carefully which tasks are best performed by online legal knowledge products and which by human beings.”

› non-standard terms approval required pre-approved terms › › › › Legal / Management review. negotiate. approve Request Sign Manage ContractExpress

13 What is virtual law practice? 13 The eLawyering task force of the American Bar Association has created the following working definition of virtual law practice: “A virtual law practice is a professional law practice that exists securely online, is accessible to the legal professional and his or her clients, and provides an environment where the client can purchase and access legal services securely online.”

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Complex logic within the document drafts itself according to the customers needs and circumstances The customer answers the questions How it works: Web-Based Document Automation 15

Client’s Secure MyLegalAffairs Web Space

Attorney Administrative Area

About Epoq Group Virtual law practice with Web-based document assembly: A “good enough” solution 18 Eliminate Visit to lawyer’s office Hourly billing Raise Reach Ease of contact, immediacy Speed of execution Quality of documents Client understanding of documents Create Internet as first point of contact Unbundled legal services Packaged solutions Cost certainty Client maintenance opportunities Reduce Price Waste Full service Richness of client relationship Omissions and logical errors The Eliminate-Reduce-Raise-Create Grid, introduced by W.Chan Kim and Renée Mauborgne: Blue Ocean Strategy, page 29..

19 Two major limiting factors on disruption in the legal context: 19 1.The knowledge acquisition bottleneck 2.Ethical rules of legal profession