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Moving Toward a Matter Profiling Standard
May 1, 2018 Adam Stock, Co-Chair, SALI Matter Standards Committee
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Learning outcomes Understand the importance of a matter profile standard Recognize how to apply it to your law firm Clarify how the stand will streamline legal industry operations
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Organization
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SALI Alliance is an independent organization backed by the following associations:
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Outputs of our process Code set and specification
Reference implementation REST API
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Market drivers
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The economics of Big Law is driving it to be more efficient
= Quality Speed Cost Efficiency
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Big Law firms growth has been flat while overall demand for legal services has grown
Demand for Large Law Firm Services has been Flat Thomson Reuters, Peer Monitor, 2016
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Buyers have many more choices for legal services
Other Law Firms Alternative Legal Service Providers In-house Technology- assisted…
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tactics
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There are many levers to deliver better value
Process improvement Project management Knowledge management Value-based fees Allocating work Technology All depend upon sharing common data ACC Value Challenge & LegalShift website, 2017
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Law firm data capture & management need major improvement
High Fielded data Data Capture/Management Financial data Documents Tacit Knowledge Unstructured Documents ACC Knowledge Management Report, 2013 Low Low Value of Data to Improve Efficiency High
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How we’ll tie this information together...
Documents / Work Product Client Matter Number Marketing Documents Research Pricing Proposals Financial Data 1. Everything needs to be tagged with client-matter numbers
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How we’ll tie this information together...
Documents / Work Product Parties + their demographics Client Matter Number Marketing Documents Type of Legal Service (Practice) Research 2. Collect data and tag each matter with key information Practice-Specific Data* Pricing Proposals * Litigation: claims, venue, judge, experts, outcome, jurisdiction, etc. Transactions: asset types, value, location, etc. Regulatory: location, agencies, issues, outcome, etc. Financial Data 1. Everything needs to be tagged with client-matter numbers
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First steps
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Marketing / Experience Management Project Management / Efficiency
We need a common vocabulary across legal operations to improve our processes and efficiency Value / Pricing Marketing / Experience Management Project Management / Efficiency
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Matter Standards Mission: building “SKUs” for legal services
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Matter Standards Mission: building “SKUs” for legal services
Labor & Employment Wage & Hour Class Action LEM-EMP D-CCD(CLA) USA-NY-NY MN7372 Area of Law/ Practice Labor & Employment Product / Process Dispute/ Civil Court Proceeding (Class Action) Jurisdiction of Matter New York, NY Party Industries / Markets High Technology/ Software For illustrative purposes only. Standard is not complete.
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Typical scenarios for law firms / departments
Marketing What experience does your law firm/ department have in providing these services? Matter Staffing Which time-keepers have the expertise we need? Pricing What are the budgets and potential pricing options / costs for the requested services? Project Management Is the matter appropriately staffed? Is the matter on budget?
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Our agile process is meant to insure a practical solution
Proposal Comment Testing Agreement
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Coding standard
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Organizational goals for legal matter codes
Open free and available to all stakeholders Industry-driven managed by an independent non-profit industry organization Hierarchical will have multiple layers of specificity and structure Extensible defined way to extend codes to meet the proprietary needs of stakeholders Practical will come with associated sample implementations of user interfaces, encodings and APIs
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We are taking a “use case-driven” approach
We are taking a “use case-driven” approach. Can our system help answer these questions? Determine law firm/department experience from a request for services. "What experience does our law firm/department have with handling ____ matters?“ "What has been our success rate in handling _____ matters? Determine law firm/department staffing for a specific matter. "Which of our attorneys has the most experience with ___ types of matters?“ Managing best practices, model forms and work product. "What model document and knowledge base to we have that relates to ____ area of law?"
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Structure: we have identified axes that we are addressing by using new and existing codes
Service Area of Law Participants Entity === Attributes Location/Jurisdiction Industry Area of Law Service Participants Entity
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A simplified example 1. Practice / Area of Law
2. Process / Service / Product Code: Employment Sub-code: Wage & Hour Code: Litigation Sub-code: Trial court Modifiers: Class Action 3. Parties Industry / Market 4. Jurisdiction Sector: High Technology Subsector: Software SIC code: Packaged software Jurisdiction: New York, NY
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A simplified example Develop new codes
1. Practice / Area of Law 2. Process / Service / Product Code: Employment Sub-code: Wage & Hour Code: Litigation Sub-code: Trial court Modifiers: Class Action 3. Parties Industry / Market 4. Jurisdiction Sector: High Technology Subsector: Software SIC code: Packaged software Jurisdiction: New York, NY Develop new codes Use/modify existing coding systems
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Some more detailed examples
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Sample matters
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Sample matters
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Support successive refinement with minimal changes to code
Called “Progressive elaboration” in the project management domain
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Support successive refinement with minimal changes to code
Open Info at matter opening Refine Refinement info is usually known 1+ months after open Refinement can happen multiple times Close Info known when matter is closed Solution: Additive coding structure
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Workflow for opening new clients and matters at law firms
Attorney Initiates new “Matter Record” Matter Opening/ Conflicts Creates matter record Informatics Annotates matter information New Matters Continues to annotate as matters reach key milestones Current New
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Solution: Additive coding
Known at matter opening Known after matter opening Service: Dispute Service: Dispute Civil Court Proceeding
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Maintain constancy by using neutral descriptors
No matter which party is describing the matter, it should be coded consistently Client / Adverse Party Plaintiff / Defendant Lessor / Lessee Licensor / Licensee Lender / Borrower
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Solution: Neutral descriptors
Before After Service: Transaction License Type: Software XXX Parties: Client: YYY Adverse Party: ZZZ Service: Transaction License Type: Software XXX Parties: Licensor: ZZZ Licensee: YYY
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Next steps
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Become a member and participate in defining the standard
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