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The Enhanced Lawyer: In Defense of the Lawyer’s Value Proposition

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1 The Enhanced Lawyer: In Defense of the Lawyer’s Value Proposition
REUTERS / Dominic Ebenbichler The Enhanced Lawyer: In Defense of the Lawyer’s Value Proposition Codex Future Law Conference 2018 Carlos Gámez @chgamez

2 Source: Richard Susskind Source: T Amani Smathers
Much has been said about the Future (of) Lawyers Tomorrow’s Lawyers The 21st-Century T-shaped Lawyer Paralegals Legal Librarians Financial Advisors Account Managers Insurance Agents Project Managers Process Analysts End of the Lawyer? Data Scientists Will lawyers become disintermediated? Will they become generalists? Source: Richard Susskind Source: T Amani Smathers

3 Why do clients hire lawyers?
Navigate and Manage Regulated Process Manage Risk Provide Contextual Advice Legally Defensible (Compliant) Lawyers are hired to solve a problem or to proactively create value by using their expertise about a regulated system affecting a unique client situation. Confidential

4 Provide Contextual Advice
We think lawyers will specialize by skills required to deliver their value proposition Provide Contextual Advice Legally Compliant (Defensible) Provide Contextual Advice The WHY Lawyer: Trusted & proactive advisor, industry expert, master of context Navigate and Manage Regulated Process The unique value proposition does not stem from advisory or operational expertise. It’s from the legal defensibility of the advice or process. Although all lawyers will still need to deliver trusted advice, manage risk and manage process. Manage Risk The HOW Lawyer: Legal operations expert, practice management ninja, master of collaboration

5 Context Expert + Operations Ninja
What makes the value proposition unique? Context Expert + Operations Ninja = Competitive Advantage Legal Defensibility X What makes this value proposition unique to lawyers? Today, Lawyers are used as the calculators of legal risk (Daniel Martin Katz). This assessment is only valuable if it is realistically defensible. Advice and processes aiming to manage legal risk need to be designed and monitored by lawyers who can test and vouch for legal defensibility of the advice or process.

6 I have a special practice. I handle one client.
The mainly “Why” Lawyer (Expert Advisor) I have a special practice. I handle one client. Why it matters to the client (empathy, emotional intelligence) Why it matters given this specific context (industry expertise) Why it matters at this time for this business (combination of a deep understanding of the regulatory framework & the business itself) Empathy for client and context need to underpin future design and delivery of legal services

7 Machine-Powered Intelligence
Enhancing the WHY 27% of law firms have some sort of initiative for organizing around industry groups in 2017, compared to just 13% five years ago. (Source: BTI Consulting) Fact scenarios in Canadian tax cases Links to Taxnet Pro tax research service Data Sources Solutions Legal Research “How is a court likely to rule on these facts?” Data Sources Solutions Litigation Strategy “What are my odds of success with this motion before this judge?” Court data – dockets and opinions Why the legal service matters to the client (human-centered design / empathy, increased client service) Why the legal service applies for the job to be done (industry specialization, delivering legal advice from many trenches) Why a legal service can be defensible in a given situation (data-based legal analysis) Client Centricity Contextual Expertise Machine-Powered Intelligence Confidential

8 The mainly “How” Lawyer (Effective Operator)
Empathy for client and context need to underpin future design and delivery of legal services Source: Lucy Bassli

9 Enhancing the HOW Mainly “How” lawyers will leverage people, process and tools to scale and make more efficient the delivery of a legal service but grounded on managing legal risk (legal defensibility) LEGEND PROCESS MAPPING & LPM Law Firms ANALYTICS Corporations HgCapital invests In Mitratech Dorsey & Whitney LPOs / Alternative providers Faegre Baker Daniels Axiom partners with DLA Piper Mitratech buys Hitec Laboratories Select Public Announcements, – compiled by Thomson Reuters Corrs Chambers Westgarth (Cael LPM) Axiom partners with Johnson & Johnson Mitratech buys Bridgeway Seyfarth (LPM course for law students) WK launches BillAnalyzer Herbert Smith Freshfields Mitratech buys Viewabill (2016) Dentons invests in Apperio Jackson Lewis launches workthruIT DWF (Employment) Axiom partners with Dell Lexis buys LexMachina NEAR / OFFSHORING IBM launches Watson Discovery Service Ashurst Advance Clifford Chance “Continuous Imprvt.” Shell (Legal center, location undecided) AIG spins off Legal Ops group Riverview buys CliXLEX BLP “Streamline” Axiom partners with BT DLA Piper (Poland) Linklaters Olswang (Property) A&O WK merges Datacert with Tymetrix Legal Robot Funding (2016) Corrs Chambers Westgarth partners with Beagle AI & COGNITIVE COMPUTING BLP partners with RAVN Sedgwick (MO) This slide shows a high-level timeline of the technological evolution we have seen in the legal industry since 2010, and adoption of technology across Law Firms, Corporations & LPO’s Near/Offshoring: Beginning around , firms began investing in lower-cost centers to reduce costs for clients, out/insource more commoditized work. Process Mapping and Legal Project Management (LPM): In 2013, firms started investing in mapping workflows to drive efficiency (e.g., Seyfarth’s 500 workflow maps) Analytics: In 2014, firms started leveraging their proprietary internal datasets and tools like Tableau to derive unique insights to inform case strategy and client profitability. AI: In 2015, firms started testing AI and exploring partnerships with providers like IBM Watson to embed AI capabilities into their internal systems. Other AI examples: Legal Robot • Kira Systems • Lawgeex • ROSS • eBrevia • BlueJ Legal • Aistemos • Counselytics • ThoughtRiver • RAVN Freshfields (Toronto) Linklaters (Poland) Seyfarth has ~500 maps Deloitte partners with Kira Slaughter and May Invests in Luminance Addleshaw ~40 maps Littler partners with Neota Logic Freshfields (Manchester) Fish & Richardson (MN) Seyfarth has ~200 maps Dentons (Poland) LawGeex Funding (2016)) White & Case (FL) Linklaters partners with Eigen Technologies Baker & McKenzie (Belfast) Kaye Scholer (FL) Foley partners with Neota Logic Hogan Lovells (Birmingham) Norton Rose Fulbright (Manila) Ashurst (Scotland) Counselytics Funding) Allen & Overy (Ireland, 2011) Baker McKenzie signs deal with Leverton Dentons invests in Ross Latham & Watkins (Manchester) BLP (Manchester) Pillsbuy (TN) Herbert Smith (Belfast, 2011) TR partners with Watson 2015 2014 2013 2013 2014 2015

10 Which Brings Us

11 The Enhanced Lawyer 01 02 03 Why and How Anywhere they play
Increased task specialization will require lawyers to be expert buyers and aggregators, in addition to service providers 02 Technology will bring accuracy & efficiency to legal tasks if they are framed in the right context and understand the (legal) issues. The Enhanced Lawyer Why and How Anywhere they play 03 The value of the enhanced service is heavily weighted by its legal defensibility


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