In this episode, Ted sits down with Anastasia Boyko, Legal Futurist and Product Evangelist at Filevine, to discuss the future of legal services and the cultural and structural shifts needed in law firms and legal education. From reforming law school curricula to embracing alternative business structures, Anastasia shares her expertise in client-centric innovation and change management. Highlighting the importance of transparency, empathy, and technology, this conversation encourages legal professionals to rethink the delivery of legal services for the modern world.
In this episode, Anastasia shares insights on how to:
Address the access to justice gap through innovation and alternative models
Rethink legal education to better prepare students for modern practice
Leverage technology and AI to enhance legal service delivery
Build client-centric cultures that prioritize relationships and transparency
Encourage law firms to adopt change management practices and shared values
Key takeaways:
The current legal model fails to meet public needs—real change starts with culture
Generative AI and tech can help bridge longstanding gaps in service and access
Law schools need to provide tools for students to explore diverse legal careers
Challenger firms and alternative business structures are reshaping the market
Strong client relationships and transparency are foundational for trust and innovation
About the guest, Anastasia Boyko
Anastasia Boyko is a Legal Futurist and Product Evangelist at Filevine with over 20 years of experience driving innovation across the legal ecosystem. After practicing law at top firms in New York, she transitioned into leadership roles focused on legal operations, education, and change management at organizations including Thomson Reuters, Axiom, and Yale Law School. Her work bridges law practice, legal services delivery, and talent development, with a mission to reshape the profession through client-centered innovation and forward-thinking leadership.
I think about innovation as doing things better. And I think doing things better is a function of change management. And it depends on how large of an impact you want to have.
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Anastasia, how are you this afternoon?
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I am great, how are you?
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I'm doing good.
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I appreciate you joining me today.
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and it's going to be a good conversation.
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It is.
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is.
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You and I had a chance to chat and we had some really good dialogue about law schools and
how lawyers get prepped and how that prep prepares them or doesn't for legal practice and
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how it shapes their entrepreneurial thinking.
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So yeah, we got a lot of good conversation to have.
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Before we jump into that though, let's get you introduced.
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So
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You are a legal futurist, which I love that title.
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I like to think about the future as well.
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And you've done a lot of work in the legal innovation space.
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And I think you were uh most recently at the Utah Law School.
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Why don't you tell us a little bit about your background and what it means to be a
futurist.
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Yeah, it's actually like a circuitous path there.
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um I think I sort of Goldilocks through my career and thought I was gonna be a litigator,
like a big litigation partner.
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And then I got to law school, I realized I didn't like the work of litigation.
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And then I started on my path to figuring out what to do with this really expensive
degree, which I almost quit because I thought this is not going to make any sense and they
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convinced me to stay.
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But that really set up a conversation about what I should do with my skills.
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And we really don't have any tools to figure that out when we're in law school.
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And so for me, I knew I really liked working with people and I wanted to have some control
and autonomy over my schedule.
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So I started out in wills and trusts.
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but then was seeing so much fun activity happening around hedge funds and different kinds
of investment vehicles in the Wall Street Journal.
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And so I pivoted into corporate tax.
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And what was interesting in my practice as a lawyer was these are traditionally service
departments in many firms, but the firms that I chose deliberately were revenue generating
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departments.
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And so to be in what is a traditional service uh function.
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but then be in a firm that has grown those departments to be large was a very different
experience, including hovering our own corporate group underneath the tax group.
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And I think that probably also framed my thinking about the legal industry, right?
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We have these preconceived notions about what law practice looks like, what certain
lawyers do, but there are different ways to practice.
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As many lawyers as there are, there are different ways to organize this.
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And so...
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I'd practiced for four years.
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It didn't feel quite right.
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And I found myself really obsessed about how lawyers operated.
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Like how do we train lawyers?
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How do we develop business with clients?
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Just the general operations of legal services delivery.
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And so I went into a legal tech company called Practical Law, which at the time was
selling know-how, which is a whole other conversation we can have around unauthorized
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practice of law and legal advice and what is legal information.
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but they had lawyers creating content for other lawyers to get up to speed, whether they
were junior or just looking at different uh practice areas.
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And what that allowed me to do was work with all the MLOT 200, uh other smaller firms, as
well as in-house departments to understand how they train their lawyers, but essentially
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how they operate, right?
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Like, how do you take on this task of creating a professional services firm to deliver
client value?
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And training is a piece of it.
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but it touches everything else.
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ah And I saw from that point just how broad and varied our industry was, as well as the
many patterns of entrenchment that we have around the way that we practice, how skeptical
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we are about innovation and new products, how reluctant we are to efficiency, right, to
get our time back.
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And I found it to be a really fascinating exercise.
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Simultaneously on the legal tech business side, I was developing uh
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narratives and pitches and value propositions are really like developing a sales
enablement role while also having a product evangelist role, which it wasn't called that
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at the time, but I was doing a lot of thought leadership and evangelizing about how great
this product was to the market and different m industry associations.
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I also got to understand different industry associations in the lab, which is fascinating.
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And I also led law firm marketing there and then built out our own internal training
university.
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So really got to wear a lot of hats and realized that within a legal tech or innovation
environment, there's a lot more autonomy, agility, creativity, which I wasn't getting or
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seeing in my law practice and my two experiences.
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And so from there, after we were acquired by Thomson Reuters, I decided I wanted to apply
those principles into the business side of a law firm.
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So I went to the practice management business development side.
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of a firm to help grow the actual strategy of the practice areas that I was covering,
which was about half of the firm, mostly transactional and international practices.
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And I learned that we love to talk about change, but it's much harder to change,
especially from the inside of a firm.
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Even as lawyers, we like to have other lawyers who know our experience.
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We still struggle to do the really difficult aspects of change management within.
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law firm structures.
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know you write about about those structures as well and the challenges of change there.
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And so was eager to get back into innovation.
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I went to Axiom, which is a flex talent player for in-house talent.
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And my job is to figure out how we commercialize the talent function.
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I've never let a talent function.
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And so learning about what works and what doesn't work as far as attorney development,
what people want in their work experiences, how do you structure something that works in a
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more flexible environment, what people have choice, how do you help them understand their
trade-offs.
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I also manage recruiting.
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having conversations with lawyers who know they want to do something different, but having
them get comfortable about what that could look like was a fascinating discussion.
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And so I oversaw about 500 lawyers, which is half the global business of Axiom at the
time, but really integrated with the business, right?
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Trying to figure out how we anticipate client needs for coverage, how we get our lawyers
ready for that, how I have the right lawyers ready.
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for the needs that are coming up, which is a fascinating way to connect talent and
business operations, which we don't do very well in legal services.
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That could be a whole hour conversation.
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So I had done that.
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I had done a sabbatical to become a yoga teacher and try to build a wellness business that
didn't work out how I wanted.
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I went back into corporate.
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Simultaneously, there's a parallel track running for me where I was very involved with my
law school.
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And so although I didn't love my law school experience at Yale, I very much loved my Yale
community.
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And so I did a lot of volunteering, a lot of student mentorship.
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um I was on the board for our fund uh board at the law school and we had a new dean and
she said, hey, you know, like we offer this sort of all purpose learning degree, but it's
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like a leadership degree.
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It's a thinking degree.
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And I said, well, I've Goldilocks my career.
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through what lawyers can do, what skills they need, how to develop those things.
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I love to be a sounding board.
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And she said, actually, I want you to move here and build it.
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And so I architected this leadership program from scratch, worked a lot with students and
alumni and faculty to figure out where the gaps were and what we were offering, and also
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fundraised a record amount for the institution.
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But what I really loved about that role is I was doing innovation and entrepreneurship
inside a static institution inside academia.
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But it allowed me to see
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all the things I had seen in law practice and the operation of law to see some of the root
causes, where some of our lack of imagination, our sort of uh complex way to problem
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solving begin in the academy.
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And I do think, m I think the kinds of patterns we Yale reverberate through the rest of
the academy because so many of our graduates become faculty, right?
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So a lot of that culture transcends into the rest of that industry.
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And so then I was also the chief innovation officer at the University of Utah Law School
and come full circle.
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I am now a legal futurist and a product evangelist back in legal technology.
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I was really excited to see what the promise for change management meant for our
profession with the advent of generative AI.
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And as I told that very long-winded story, I think the threads come together, right?
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Like, how do we change the way that we deliver legal services given the tools that we have
in a more holistic way?
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Yeah.
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So innovating within legal challenging for a whole host of reasons.
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Innovating within a law school, within a university, like, I mean, that sounds like a big
hill to climb.
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How, how challenging was it to really get things done?
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Because when I think of innovation, there's a lot of trial and error.
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Um, you kind of have to, you know, un
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Unchain the handcuffs and really let people roam free.
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And, you know, there's lots of examples.
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Uh, I talked about one at the inside practice event, where I saw you in Chicago a few
months ago and, uh it was the, it was IBM's wild ducks.
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And I've mentioned it once before on the podcast, the CEO at the time, Thomas Watson, um,
created a team of about six.
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He, I think they called him fellows.
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And they were informally known as the wild ducks and they had, uh, they dress differently.
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They played by different rules.
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They basically had a blank check.
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could go in and steal resources from a team.
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could bypass processes and you know, they basically had a blank check to go in and conduct
experiments within the organization.
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And there were lots of interesting innovations that came out of that.
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Like I can't see that model working in a law firm or a university where there's so much
structure and politics and like, how do you, how do you innovate in that sort of
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environment?
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Yeah, so I think about innovation as doing things better.
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ah And I think doing things better is a function of change management.
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And it depends on how large of an impact you want to have.
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Right?
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At Yale, I was building a transformative program that would change how we did things for
200 years.
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It would be the largest program that we had done to date.
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And what was interesting is I had
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the support of my dean, right?
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So I had the most senior person gave me support to do something.
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I had very willing and interested students and alumni who knew that there were gaps and
wanted to bridge those gaps and create something better for themselves and future
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students.
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I had really engaged colleagues across other parts of the university, including the
business school and the SAI Center for Innovation.
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um And so I was able to pull all of those pieces together and my general resourcefulness
and hunger allowed me to leverage my resources among the alumni community and among the
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Yale community to be able to do that with the political backing of my dean.
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That said, it's still really, really difficult to do because change management is actually
in the day to day, right?
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It doesn't matter how much money you have.
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It actually doesn't matter how much political backing you have if the structure itself
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is impervious to change, it's very difficult to do these things.
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So you can create a really great structure, you can endow a program, but if the people who
are in there day to day are not bought into the mission and are not constantly striving
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and hungry to improve the processes and review what they're doing in every single
iteration, it won't change, right?
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And the only place where I saw that done extremely well from a culture perspective was
Axiom.
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I always tell people, it's like the few years that I was there were just absolutely magic.
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And the reason why they were magic is because everybody agreed on what the values were and
every decision we made from the smallest to the largest was made with those values in the
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background, right?
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So as we were trying to decide what we would do, we would look at our values and say, does
it align with what this is?
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And there was a lot of space to be able to call out senior managers, you know,
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top down and bottom up and vertically and diagonally, hey, this doesn't align with our
values.
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And they would listen.
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And so I think this is the part of change management that is not sexy, that's really hard
to talk about, which is how you get a large group of people with different motivations to
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move toward the same goal.
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And there are a lot of facets in that.
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But if you don't have mechanisms to hold people accountable,
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and you don't have people who are intrinsically motivated and bought in to the mission of
what you're doing, you will always struggle.
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And I think that's part of what we see in law firms, right?
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They're large partnerships.
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And so motivating and incentivizing people who are trained, trained in law school and
trained in law practice to look out for themselves, feed a team and service clients is
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very individual contributor minded.
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And so it's really hard to get them to shift and change the way that they operate unless
you have a firm that has shared values and your partners all believe in those and are
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motivated to move toward those.
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And that could be just a function of scale, but I think it's also a function of culture.
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For sure.
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Yeah.
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And innovation has not historically been a part of law firm culture DNA.
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It's just not for a number of reasons that we could probably spend a lot of time talking
about, but I posted something on LinkedIn, an article recently, it was a bit of a
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manifesto on a blueprint, a transformation blueprint for big law.
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I'm of the opinion that as we enter into a
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a marketplace where we have diminishing marginal costs of legal output and we have
increasing capital expenditure, which I'm not talking about buying Harvey and co-counsel
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licenses here.
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I'm talking about CapEx to create differentiating technology that's going to require
funding.
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I talk through a bit of a uh radical model, but it's essentially where
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you know, a law firm would stand up a standalone entity that would be basically a C Corp,
not a partnership where you have different governance models.
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um This would necessitate the um rollout of alternative business structures because I
think that external capital is not only going to be required from a capital perspective to
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really make this next leap into 2.0.
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but all the operational discipline that comes with external capital, right?
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You've got a board that management is held accountable to, and you have government,
governance structures and management is empowered to do things without all the friction
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and consensus driven decision-making that happens in law firms.
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Like I struggle to, to uh paint a picture in my mind of a, the existing structure creating
a,
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tech enabled legal services delivery machine and leveraging that as a core piece of
infrastructure delivery infrastructure.
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There's still going to be plenty of opportunity for humans in the loop, but you know, for
the blocking and tackling of legal work, there's a huge opportunity to leverage this tech.
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And I just look at how, you know, with a partnership model, there's such a focus on short
term profit taking.
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And all the, again, the, the friction in the consensus driven decision making, there's
very little accountability.
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You mentioned it earlier, like willingness to change and listen and divergent interest,
having to come together and get aligned.
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you know, the partnership model amplifies divergence because it makes it really hard.
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And, know, as far as like accountability, like, you know, I've seen it firsthand where,
you know, partners that are rainmakers.
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played by different rules and you know, the lateral mobility.
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That's another interesting dynamic.
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also creates toxic workplaces, right?
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If you look at the indicators for toxic workplaces, lack of integrity, right?
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Rules not applying to everybody in the same way creates real problems in the environment
that people work in.
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They don't want to work there.
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Yeah.
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And the most important, I think, aspect of it is not everybody's rowing in the same
direction when you don't have a consistent set of processes, rules, and values.
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And in order to scale an organization, and I've said this many times on the podcast,
there's not one law firm that would qualify for the Fortune 500.
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I don't know what K &E's 2025 AMLaw numbers are, but they're 2024 numbers.
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They're at like 7.3 billion and the floor on the Fortune 500 is about 7.6.
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So it's extremely fragmented, very and KNE is an outlier, you know, most firm average
revenue at AML 100 is 1.4 billion.
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So how, do we, how do we create the structure necessary for scale?
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And I don't see the current model as being, um, uh, a good foundation to lay that on.
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don't know.
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What is your take on that?
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So I spent a lot of time in the weeds of the business of law, right?
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I could spend days or an eternity talking about the business factors and levers.
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And I don't find that conversation to be interesting because it doesn't compel people
enough to actually change.
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And what we end up doing is we say, this is the original model.
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These are the financial concepts.
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And what we need to do to make it better is bring in better people, right?
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But I actually don't think that's true.
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I think what we need to do is we need to change who we are.
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We have to find similarly minded lawyers who know what the mission of lawyering is for
them, right?
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That'll be different for everybody, but who are aligned about what they're trying to
deliver and to whom and the values that they share and then build a business structure
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around that.
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Because that part's not that hard.
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But when you take a container that was meant for a different kind of practice a long time
ago,
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And then you're just saying, well, if I get better people in it, it'll work.
220
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And I was like, no, there are problems with our system and the container.
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And we can talk all day about the billable hour and we can talk all day about the
partnership model.
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And I think your solution is a good one.
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em And I think it is an option to try to make that better.
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But fundamentally, we as lawyers have to ask ourselves, what are we doing?
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Right?
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We have a fiduciary duty to our clients.
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We are given this right to practice law.
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with an obligation to serve the legal needs of people.
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And we have a monopoly for it, right?
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And instead we're gonna create a model where we're miserable.
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Like you look at the wellness numbers of lawyers and any other profession that had such
harm would not be in existence.
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But we allow that high rate of harm among our population and that's just normal to accept.
233
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And then we go back to saying it's the billable hour.
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So I think the form is broken, which is why I like your approach of like, let's start with
something else.
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Let's figure out who should be making management decisions, how that should be structured,
what accountability should look like.
236
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But I think also fundamentally, we need to ask ourselves what we're doing in legal
services.
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Like what kind of services are we trying to deliver?
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Who are we trying to help?
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We have a 92 % access to justice gap, right?
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In what other profession?
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If we didn't meet 92 % of people's needs, would we be around again?
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So we've been lucky for a really long time, but I think what technology starts to do is
make us have this conversation about our model.
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Like does our model actually serve its purpose?
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The answer is no, right?
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A lot of people are getting very wealthy in that model, but most people are actually
pretty miserable in that model.
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And that forces us to ask what we do.
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And
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Part of what we also get to ask is how can we achieve the goals of helping people navigate
their lives, whether they're business lives or their personal lives, in a more efficient
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manner?
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And now we have chat GPT, right?
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We now have large language models that allow us to start thinking about know-how, advice,
legal information, right?
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Who is entitled to know how the laws that govern their lives work?
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I would say everybody.
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I think everybody should know how the laws around them
255
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impact them and how to navigate these complex systems because we neither have enough
lawyers nor enough uh lawyers doing the kind of work to help people do that.
256
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But I do think looking at all of these factors that are changing at the same time, we get
to ask what we as a profession want and then we get to build businesses to support that
257
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for those of us who want to build businesses in the profession.
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Yeah.
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The big constraint for, guess The big roadblock for the, the Big Law 2.0 model is the ABS
rules and, and what, eight, the ABA model rule 5.4 that, you know, prohibits non-legal
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ownership.
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And I have talked to many really smart people in the space and one school of thought is
that, well, the ABA is not going to change that rule willingly.
262
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because it's creating a protection mechanism for the industry and lawyers run the ABA.
263
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So I actually have a different perspective on that.
264
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I'd be curious about your thoughts on this.
265
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I think lawyers are going to be the ones who drive this change.
266
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And I think the switch is going to flip when people realize, when lawyers realize that the
current model is incompatible.
267
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The current business model is incompatible with what the future state needs to look like
in order to create the scale.
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necessary to create that level of differentiation.
269
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You know, if you want to niche down and hyper focus, that's, uh, then you can, you can
apply, you can take the current model and apply it.
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If you want to achieve a level of scale where you can truly create differentiation.
271
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Um, I think, I think lawyers are going to have an aha moment and go, you know what?
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We, need to change this.
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So I don't know.
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What do you think about the sentiment out there with
275
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respect to alternative business structures.
276
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And we have two states, one of which is yours, that are experimenting here, but this would
need to accelerate in order for the model I propose to get traction.
277
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Yeah, my hot take is that we already have a non-lawyer ownership.
278
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Because if you're going to measure ownership by debt or equity, we have plenty of
litigation funders who have outstanding debt with many of the cases that are happening.
279
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There are other creative ways to do this, right?
280
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ah But debt is a form of ownership, I think.
281
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And again, that's a personal personal opinion.
282
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And so I think we have folks who are investing in firms or partially owning firms who are
not just lawyers.
283
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And I think there have been delicate decisions coming down to parse out why that's OK.
284
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ah I think there needs to be space to have this kind of iteration.
285
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So Utah was the first mover in this.
286
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They created five different kinds of structures which could come through the sandbox.
287
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So the Utah sandbox was a pilot.
288
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that was led by our Utah Supreme Court, essentially seeing just the volume of legal needs
that were coming in and just realizing in our traditional system, there's not really a way
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to address this effectively.
290
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So they said, you know, there are here are five different ways that you could do this,
including fee sharing, right, with non-lawyers.
291
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And they put up a structure.
292
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They've since changed that last year to minimize those buckets down to three.
293
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uh and also narrow that focus toward Utah uh and Utah access to justice kind of benefits.
294
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uh I'm on the Innovation Committee, which looks at general innovation in Utah, but I spent
a lot of time around the sandbox entities and having conversation with leadership uh
295
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around what the objectives are.
296
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And I think some of our challenges as the first mover in this is we wanted to have
adequate regulation and reporting and vetting.
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which depending on who you ask, some folks think that our levels are too high as far as
reporting requirements and uh qualification requirements.
298
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And so I think you look at like Arizona and they've chosen one lane uh and they have
slightly different requirements.
299
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so in our committees, we're always having conversations with other states to see what
they're doing, right?
300
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Minnesota is looking at AI um and potential sandbox pieces there.
301
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So.
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uh
303
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A lot of interesting things are coming that way.
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And I think that we are rightly concerned as a profession to have non-lawyers have any
sort of leverage or business interest in our entities.
305
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And there are ways to structure this um to make sure that we're following all of our
needs.
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we meet like, it's just, I feel like it's negligent as a profession to not meet the
majority of the legal needs.
307
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out there.
308
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Yeah, well, how much I mean, this has been done in other countries, right?
309
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You the Legal Services Act in the UK.
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That was like 10, 15 years ago.
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I know not a lot has changed as a result of that.
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I think now that the means of legal production are shifting rapidly, the likelihood for
change is much higher now than when the Legal Services Act was first put in place.
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But how much
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Are Utah and Arizona, I'm not sure if you know the answer to this question, but are we
leveraging the learnings there to help figure out?
315
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It sounds like we're kind of starting from scratch.
316
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I think we're, I mean, I don't know who everybody's perspectives when they had first
initially put this together, there were a lot of smart people involved.
317
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And so I know they looked at a lot of international resources.
318
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I just don't know exactly to what extent.
319
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I know that there are a lot of conversations that the committees across states wanting to
do things like this are having, right?
320
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There's a real desire to share learnings and best practices state to state.
321
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And I think Utah leading the pack really gave permission.
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to a lot of other states to at least em investigate what they should do to be able to help
needs.
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I think we focus in the UPL discussion and the ABS discussion, we focus a lot on lawyers
and the way that lawyers have done what they're doing.
324
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We don't focus as much on clients, what they actually need.
325
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Can we bridge the gap of what they actually need, which is practical guidance, not
necessarily legal advice.
326
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And we forget that WebMD gave us a lot of information on how to navigate conversations
with our doctors.
327
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That GPT and Google are now giving us much better ways to navigate the legal system and
the laws that govern us and the practical guidance we need to navigate our lives.
328
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And I'm in no way saying that people should be getting legal advice from a large language
model, right?
329
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But it does help us give a contextual window.
330
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It gives us
331
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and ability to have a higher level conversation.
332
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It gives people an understanding about how the rules generally apply and what
considerations they should make as they're choosing legal counsel, whether they're
333
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choosing legal counsel, whether they want to em engage in some sort of adversarial
process, right?
334
00:28:09,248 --> 00:28:17,548
Like there's a big gap between what I need to know before I find a lawyer and em what I'm
gonna get from.
335
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that lawyer and we just don't have that conversation often enough.
336
00:28:20,840 --> 00:28:32,266
And many of the people who are engaging some of the most sophisticated and intelligent
lawyers out there, those people have sophisticated subject matter expertise, right?
337
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They're able to ask the kinds of questions that they need to ask.
338
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They have a context for it.
339
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I think when we discuss
340
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UPL and ABS and these different structures, we have to think about all of those other
legal needs and figuring out how we can just share information.
341
00:28:48,329 --> 00:28:51,631
There will be, excuse me, virtual law firms, right?
342
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And alternative structure small firms who will be able to leverage the current existing
technology to be able to provide specific like subject matter expertise with that, as well
343
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as educating the populations, excuse me, in their communities.
344
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about what they provide, right?
345
00:29:10,737 --> 00:29:15,690
Like I think you and I talked about this a little bit in our previous conversation, like
where the opportunities are.
346
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There's always gonna be things happening on the fray.
347
00:29:18,288 --> 00:29:27,916
There are also gonna be big firms who gonna be adopting huge innovations by whether
creating something in-house or acquiring some sort of innovation or tech tool like we've
348
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seen many firms do.
349
00:29:29,116 --> 00:29:32,618
um That will be a harder change.
350
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management process because they're so large and because they've been around for a while,
right?
351
00:29:37,225 --> 00:29:49,329
So there are norms that need to be overcome, but there are a lot of small players who I
think can come in and really leverage this data, have a smaller portfolio or a more narrow
352
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portfolio of offerings and really specialize in what they're offering, where like, how are
we going to define the technology as an additional employee?
353
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Is it an employee?
354
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ah Is it, know, does it, it's not going to have an ownership stake.
355
00:30:04,172 --> 00:30:08,455
How does that come into UPL and ABS?
356
00:30:08,455 --> 00:30:19,731
So I'm really excited about the smaller players who know that this is just a time to
restructure the model that hasn't worked for them and hasn't worked for their clients, who
357
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take a client first view and try to create a solution and a service option that helps
those people while also
358
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following the laws that currently exist.
359
00:30:31,315 --> 00:30:35,468
It's an exciting time for challenger firms in this space right now.
360
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It really is the ones that really think long-term.
361
00:30:39,371 --> 00:30:41,752
You know, I'm doing a little experiment.
362
00:30:41,752 --> 00:30:53,160
So we hired someone recently from another company who had a non-compete and we wanted to
make sure that we uh steer clear of any sort of infringement on that.
363
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So we hired a labor and employment attorney.
364
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He did a great job.
365
00:30:56,403 --> 00:30:58,154
Well, we recorded all the calls.
366
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We documented all the questions we asked.
367
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And then this, this experiment is still in process.
368
00:31:03,056 --> 00:31:14,079
So I don't have any results yet, but, I'm basically going to take, uh, all of the
documentation and I'm going to put it into the generic AI models and I'm going to compare
369
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the output and the answers to those questions.
370
00:31:17,410 --> 00:31:20,911
And, know, we're, not a big buyer of legal services.
371
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and I'm doing it not because I don't want to go hire a labor and employment attorney for
important matters, but I'm doing it really just as a,
372
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comparison, like how good is the output and the questions?
373
00:31:33,647 --> 00:31:45,333
Now, if I were a big buyer of legal services, I would be doing this with maybe some
different intentions and you have to think that this is happening already on the buy side.
374
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So, you know, I think it's just a matter of time before we're going to, and who knows,
maybe we're already there, reach parity in terms of output on certain types of matters.
375
00:31:58,120 --> 00:31:59,291
um
376
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or maybe even, you know, superior output, um, certainly at a much lower cost.
377
00:32:05,303 --> 00:32:14,956
So it's going to be interesting to see how the buy side, because so much of what law firms
do is driven by the buy side, right?
378
00:32:14,956 --> 00:32:18,177
It's that's when law firms change their practices, right?
379
00:32:18,177 --> 00:32:20,928
It's when the gunny client says you're going to do this.
380
00:32:20,928 --> 00:32:23,568
Um, or I'm going to take my business elsewhere.
381
00:32:23,568 --> 00:32:25,799
So yeah, I think
382
00:32:26,376 --> 00:32:31,139
I just think there needs to be a bigger conversation about what is the valuable work that
we do, right?
383
00:32:31,139 --> 00:32:38,362
This is where the conversation is getting pushed on LinkedIn and among our groups, like
what is value added service?
384
00:32:38,526 --> 00:32:50,087
And I would argue that much of the value added service outside of a few discrete
situations is general business advice with regard to how the legal structures exist.
385
00:32:50,087 --> 00:32:52,219
It's not necessarily legal advice.
386
00:32:52,219 --> 00:32:56,272
I've been doing this for 20 years and I've watched the same transaction over and over
again.
387
00:32:56,272 --> 00:32:58,544
Here are some best practices.
388
00:32:58,645 --> 00:33:02,588
Just like in your case, I labor employment lawyer who's seen this play out many times.
389
00:33:02,588 --> 00:33:04,710
Here's some best practices.
390
00:33:04,726 --> 00:33:12,159
and how you guys should operate in your interview process to make sure that you have done
everything correctly, right?
391
00:33:12,159 --> 00:33:13,590
Belt and suspenders.
392
00:33:13,590 --> 00:33:15,510
Is that legal advice?
393
00:33:16,291 --> 00:33:18,992
I don't think in many cases it is.
394
00:33:18,992 --> 00:33:23,314
I think it's a function of these are smart people who know how the rules work.
395
00:33:23,314 --> 00:33:26,895
They've seen people inside and outside the lines.
396
00:33:26,895 --> 00:33:30,976
I'd like them to tell me how I don't fall outside the lines.
397
00:33:31,657 --> 00:33:34,718
I just want to follow the rules and do this correctly.
398
00:33:35,394 --> 00:33:43,691
And I think there's a real interesting model around that as people just want to agree on
how to operate through something together.
399
00:33:43,691 --> 00:33:48,566
I was having a conversation with a lawyer about this who was in my yoga class, cause I
teach yoga on Saturdays.
400
00:33:48,566 --> 00:33:57,784
And I was saying, you know, like I'm happy to get a chat GPT contract on something where I
know I'm not going to dispute, like I'm not going to go into litigation with someone.
401
00:33:57,784 --> 00:34:00,536
We just agree on these general terms.
402
00:34:00,536 --> 00:34:03,238
And what it is, it's a way of holding each other accountable.
403
00:34:03,702 --> 00:34:14,660
And so I think oftentimes looking at some of the ways that we operate in business and
asking what is the function of these things and are our clients, especially our
404
00:34:14,660 --> 00:34:27,979
non-lawyer, non-JD clients, are those clients comfortable enough using the documentation
they get for many of these, these technology solutions over going to a lawyer and spending
405
00:34:27,979 --> 00:34:28,930
that kind of money.
406
00:34:28,930 --> 00:34:32,598
And I think we're going to get to a place where they are going to get comfortable.
407
00:34:32,598 --> 00:34:33,810
And then what happens, right?
408
00:34:33,810 --> 00:34:37,185
When there are risk tolerances, this is good enough for us.
409
00:34:38,248 --> 00:34:39,389
Where do we go from there?
410
00:34:39,389 --> 00:34:39,849
Yeah.
411
00:34:39,849 --> 00:34:43,191
So, uh, my wife and I own five gyms here in St.
412
00:34:43,191 --> 00:34:44,640
Louis and we've moved one.
413
00:34:44,640 --> 00:34:46,952
So we've signed six commercial leases.
414
00:34:47,072 --> 00:34:53,114
Commercial leases are massively long and verbose and there's all sorts of potential
gotchas in them.
415
00:34:53,535 --> 00:35:04,719
Our process for, with these leases is I would sit down with my broker and we would
highlight who's negotiated hundreds, not thousands or, you know, been on the, on the buy
416
00:35:04,719 --> 00:35:07,981
side and the sell side, probably hundreds, if not thousands.
417
00:35:07,981 --> 00:35:08,893
And we would
418
00:35:08,893 --> 00:35:11,194
like pick the low hanging fruit.
419
00:35:11,194 --> 00:35:12,015
You know what I mean?
420
00:35:12,015 --> 00:35:24,882
uh, just the, the, real easy stuff before it, the, last iteration would always get, um,
reviewed by an attorney just to make sure we didn't miss something or there wasn't some,
421
00:35:24,882 --> 00:35:27,123
but that was pre chat GPT.
422
00:35:27,123 --> 00:35:31,393
If I were doing that now, I would leverage chat GPT in a big way.
423
00:35:31,393 --> 00:35:37,961
I just would say it's right, wrong, UPL, not like that's what I would do as a small
business person.
424
00:35:37,961 --> 00:35:40,321
to, to minimize my legal costs.
425
00:35:40,472 --> 00:35:41,112
and you know what?
426
00:35:41,112 --> 00:35:42,502
I think it would be damn effective.
427
00:35:42,502 --> 00:35:51,915
You know what I do now in all transparency, when I get an NDA as I don't even read it,
like if it's not ours, I put it in chat, between say what's, know, cause they're usually
428
00:35:51,915 --> 00:35:53,545
low risk documents.
429
00:35:54,406 --> 00:35:56,506
and they, they never go in front of a lawyer.
430
00:35:56,506 --> 00:35:59,757
have our director of business operations look for stuff that doesn't make sense.
431
00:35:59,757 --> 00:36:02,448
They're two pages, but that's usually my first step.
432
00:36:02,448 --> 00:36:06,973
And I know I'm not alone and people can furrow their brow and
433
00:36:06,973 --> 00:36:12,742
wave their finger at me, but that's how, as a small business person, you get things done.
434
00:36:12,944 --> 00:36:19,014
In big corporations where there's more at stake, you can't do what I'm doing, but that's
how small businesses are doing it.
435
00:36:19,014 --> 00:36:20,831
So it's just a matter of time.
436
00:36:20,831 --> 00:36:22,752
and it's like, it's good enough, right?
437
00:36:22,752 --> 00:36:25,018
It's good enough, and that's how people are gonna make their decisions.
438
00:36:25,018 --> 00:36:35,702
I would argue that even in large corporations, there are oftentimes decisions being made
without the scrutiny of the smartest lawyer, subject matter expert on that decision,
439
00:36:35,702 --> 00:36:36,302
right?
440
00:36:36,302 --> 00:36:44,428
corporate decisions being made, their employment decisions being made, their sales
decisions being made that have legal consequences, right?
441
00:36:44,428 --> 00:36:52,676
That do have some legal adjacency, but because of how large organizations are, how
bureaucratic they are, how siloed they are, right?
442
00:36:52,676 --> 00:36:54,287
There's not going to be a lawyer.
443
00:36:54,287 --> 00:36:58,110
There are judgment calls being made every single day about this.
444
00:36:58,110 --> 00:37:04,295
And this is why anytime we talk about these big conversations, I always want to pull us
back and say, like, what is our mission, right?
445
00:37:04,295 --> 00:37:05,858
What is our mission as lawyers?
446
00:37:05,858 --> 00:37:07,529
What is our mission as law firms?
447
00:37:07,529 --> 00:37:09,820
What is our mission as legal departments?
448
00:37:09,820 --> 00:37:12,362
What are we trying to achieve?
449
00:37:12,362 --> 00:37:15,694
And let's make decisions according to those principles.
450
00:37:15,694 --> 00:37:20,087
It becomes much easier because what our tendency is to do is to issue spot.
451
00:37:20,087 --> 00:37:22,268
We love going down rabbit holes.
452
00:37:22,268 --> 00:37:23,068
What if?
453
00:37:23,068 --> 00:37:26,120
The number of people, if I have one more person tell me about hallucinations.
454
00:37:26,120 --> 00:37:29,092
was like, why are you looking over there?
455
00:37:29,092 --> 00:37:31,613
Yes, yes, we will figure out hallucinations.
456
00:37:31,613 --> 00:37:33,054
It'll keep getting better.
457
00:37:33,410 --> 00:37:37,734
The technology will keep getting better and also PS humans make mistakes constantly.
458
00:37:37,734 --> 00:37:40,976
Our memories are very fallible, right?
459
00:37:40,976 --> 00:37:53,257
And so it drives me crazy when such smart people trained to problem solve and think
logically and communicate effectively when turned on themselves and turned on their
460
00:37:53,257 --> 00:38:02,304
businesses really struggle to use that kind of inquiry that's more directed and organized.
461
00:38:02,345 --> 00:38:03,225
Yeah.
462
00:38:03,446 --> 00:38:09,589
Well, one thing I wanted to talk to you about, we've been riffing here, which has been
really good.
463
00:38:09,610 --> 00:38:12,111
I wrote a nice agenda.
464
00:38:12,312 --> 00:38:13,833
There was a couple of things on here.
465
00:38:13,833 --> 00:38:17,515
No, I'm the host, it's on me.
466
00:38:17,555 --> 00:38:19,306
But this has been really good conversation.
467
00:38:19,306 --> 00:38:21,538
And it always is when we riff.
468
00:38:21,538 --> 00:38:27,261
But I wanted to get your perspective, and you and I talked about it a little bit the last
time, like the disconnect.
469
00:38:27,649 --> 00:38:32,363
I don't think you were in the session, but I did a presentation at that inside practice
event that I mentioned earlier.
470
00:38:32,363 --> 00:38:42,762
And I talked about how there's been a 2000 % increase in innovation resources in the last
10 years, 20 X, the number of people that there were 10 years ago in innovation roles and
471
00:38:42,762 --> 00:38:44,103
big law.
472
00:38:44,103 --> 00:38:51,078
And there was a, the law department operation survey by the Blixstein group, which is very
reputable.
473
00:38:51,078 --> 00:38:56,433
Um, one of the questions was, is your law firm partner innovative?
474
00:38:56,433 --> 00:38:57,109
And.
475
00:38:57,109 --> 00:39:00,149
almost two thirds either disagreed or strongly disagreed.
476
00:39:00,149 --> 00:39:01,289
And so we have this disconnect.
477
00:39:01,289 --> 00:39:04,969
So I always like to get people's perspective on what's driving that.
478
00:39:04,969 --> 00:39:09,409
I have my own theories and my listeners are probably tired of hearing innovation theater.
479
00:39:09,829 --> 00:39:13,869
But what do you feel like is driving that disconnect?
480
00:39:14,634 --> 00:39:16,364
Lack of relationships.
481
00:39:17,319 --> 00:39:18,639
Explain what you mean.
482
00:39:18,639 --> 00:39:30,145
this all comes down to the fact that we as a profession have not continued our best
practices around the relationships with our clients.
483
00:39:30,145 --> 00:39:40,430
ah There's an amazing post David Wang had about some of the work they're doing about
Cooley's AI principles and how they're having a dialogue with their clients.
484
00:39:40,570 --> 00:39:47,834
And a lot of what's missing in this client lawyer disconnect is actual conversations.
485
00:39:47,894 --> 00:39:50,555
about what clients want and need.
486
00:39:50,615 --> 00:39:54,687
Regular sit downs where I'm not going to bill you, right?
487
00:39:54,687 --> 00:40:03,320
Where I genuinely want to understand your business, your business objectives, your
long-term strategy and where I can help.
488
00:40:03,380 --> 00:40:08,882
Not how much of that can I take to make billable, but where can I actually help?
489
00:40:09,203 --> 00:40:17,226
And so I think the actual disconnect comes that in-house lawyers will come to their
outside counsel when there's a big problem.
490
00:40:17,762 --> 00:40:23,936
but they're not having regular discourse around what's happening with their business most
of the time, right?
491
00:40:23,936 --> 00:40:34,232
Like these seem like discrete issues, they're very expensive to fix, but the relationship
itself isn't one where I proactively as outside counsel regularly sit down with my client
492
00:40:34,232 --> 00:40:37,854
and figure out what's going on quarter to quarter in their business.
493
00:40:37,854 --> 00:40:44,780
And I share best practices and I give them general advice and then I figure out where we
can help to get ahead of problems.
494
00:40:44,780 --> 00:40:48,593
And then we sit down and we talk about what technology solutions we're using, right?
495
00:40:48,593 --> 00:40:50,105
Have you even started working on this?
496
00:40:50,105 --> 00:40:52,237
What part of your work are you doing it in?
497
00:40:52,237 --> 00:40:57,861
Instead, we're receiving RFPs with extensive questions that ask every single technology
you have.
498
00:40:57,861 --> 00:41:02,064
Are you going to explain the entire Microsoft Office suite in the RFP?
499
00:41:02,325 --> 00:41:02,635
Right?
500
00:41:02,635 --> 00:41:05,888
Like that, that, that is circumventing the conversation.
501
00:41:05,888 --> 00:41:13,044
So whenever I see inefficiencies like that in our profession, my immediate answer is like,
we're not having the real conversation.
502
00:41:13,442 --> 00:41:22,291
We're not having the relationship discussion of what I'm here to do for you and how much
I'm invested in your business and positive outcomes about what's happening.
503
00:41:22,291 --> 00:41:23,982
We're not having proactive discussions.
504
00:41:23,982 --> 00:41:26,354
not having scheduled regular meetings.
505
00:41:26,655 --> 00:41:30,698
I'm not coming to you when I see something new and interesting that I think could benefit
you.
506
00:41:31,139 --> 00:41:33,201
I'm just calling, responding, right?
507
00:41:33,201 --> 00:41:34,602
I'm reactionary.
508
00:41:35,029 --> 00:41:36,030
That's a really good point.
509
00:41:36,030 --> 00:41:36,440
Yeah.
510
00:41:36,440 --> 00:41:39,813
You know, this really, this makes me think of a very recent story.
511
00:41:39,813 --> 00:41:46,378
Like yesterday, this week, um, we are, my CFO and I are shopping for a new bank.
512
00:41:46,438 --> 00:41:57,207
we're starting to grow and outgrow our existing bank and, um, our, our, one of our
investors, TLTF put us in touch with several, several banks that, that fund venture backed
513
00:41:57,207 --> 00:41:58,288
startups.
514
00:41:58,408 --> 00:42:02,392
Well, I had a bank yesterday who asked for all sorts of stuff.
515
00:42:02,392 --> 00:42:04,319
Their intake process is incredible.
516
00:42:04,319 --> 00:42:06,270
They wanted our pitch deck.
517
00:42:06,270 --> 00:42:09,381
They wanted a video of me presenting the pitch deck.
518
00:42:09,381 --> 00:42:13,833
couldn't, I was so flattered that they actually wanted to understand my business.
519
00:42:13,833 --> 00:42:17,514
They want to understand our, they want to look at our contracts.
520
00:42:17,514 --> 00:42:23,777
And now a lot of this is risk mitigation, but the investor deck is very like strategic.
521
00:42:23,777 --> 00:42:25,288
That's not going to help them mitigate risk.
522
00:42:25,288 --> 00:42:29,820
That's going to help them understand our business and our full potential.
523
00:42:29,820 --> 00:42:30,790
So yeah, you know what?
524
00:42:30,790 --> 00:42:31,590
I've never had a lawyer.
525
00:42:31,590 --> 00:42:33,865
I've been an entrepreneur for 32 years.
526
00:42:33,865 --> 00:42:36,546
I started my first business before I was old enough to drink.
527
00:42:36,546 --> 00:42:40,508
I've never heard, had a law firm ask me for anything like that.
528
00:42:40,508 --> 00:42:44,511
Um, as part of their intake process, what a good first step.
529
00:42:44,511 --> 00:42:45,401
was totally impressed.
530
00:42:45,401 --> 00:42:48,872
These guys are probably going to win our business because they want to understand us.
531
00:42:50,058 --> 00:42:56,720
Yeah, and this is again, this is what's coming if you if you talk to the folks who are in
pricing, right, like Toby Brown and I have been dear friends for a really long time.
532
00:42:56,720 --> 00:42:58,920
We talk about profitability and pricing.
533
00:42:58,920 --> 00:43:09,203
And it never ceases to amaze me the miraculous reactions that he gets when he tells people
that he would go out and meet with clients, right, as as a member of the firm who wasn't a
534
00:43:09,203 --> 00:43:16,825
billing lawyer, to have proactive discussions about what their strategic vision was,
right, where they were going, what the hurdles were.
535
00:43:16,825 --> 00:43:20,226
These are very human relationships.
536
00:43:20,226 --> 00:43:21,927
things to do.
537
00:43:21,927 --> 00:43:25,748
These people pay us lots of money as lawyers.
538
00:43:25,748 --> 00:43:29,640
And the way that we approach them is like, we almost like feel bothered, right?
539
00:43:29,640 --> 00:43:38,994
Like it's like, because we have so much on our plates, we oftentimes don't even realize
the tone that we have with clients or how quickly we're getting back to them, right?
540
00:43:38,994 --> 00:43:41,855
There's not even room for the proactive behavior.
541
00:43:41,855 --> 00:43:46,117
And I think this is where AI is so useful because it helps to shift that.
542
00:43:46,117 --> 00:43:48,778
And a lot of the time intensive
543
00:43:49,292 --> 00:43:56,694
things that take us away from client service and client management and being proactive and
to your point, asking these questions, right?
544
00:43:56,694 --> 00:43:58,105
Like, help me learn about your business.
545
00:43:58,105 --> 00:44:09,207
Imagine you went with a lawyer who's trying to pitch you and they've done full research on
your industry, everything you've said, every podcast you've done, all of your competitors,
546
00:44:09,328 --> 00:44:09,728
right?
547
00:44:09,728 --> 00:44:17,910
And they've come in and they've told you what they think they understand about your
industry and your business and asked how you can help or what they're missing.
548
00:44:18,454 --> 00:44:20,405
What would that do to your experience?
549
00:44:20,969 --> 00:44:23,398
It would make them stand out tremendously.
550
00:44:26,687 --> 00:44:29,358
Yeah, it's a well, mean it.
551
00:44:29,358 --> 00:44:40,154
I hope we're trending in that direction because I feel like with all the transformation
that's taking place in the industry right now, what you're describing is going to be more
552
00:44:40,154 --> 00:44:41,625
and more important.
553
00:44:41,625 --> 00:44:47,108
You know, I have to say as a, we are info dash is a legal collaboration platform.
554
00:44:47,108 --> 00:44:52,791
We use the term intranet and extranet because the market knows what those, but there's
such dated terms.
555
00:44:52,892 --> 00:44:55,849
Um, I honestly dislike them, but
556
00:44:55,849 --> 00:45:03,112
You know, our extra net offering is a mechanism through which law firms can share
information with their clients.
557
00:45:03,152 --> 00:45:07,464
And this it's a bit, it's very different than it gets deployed in their environment.
558
00:45:07,464 --> 00:45:12,816
So they could share things like financial analytics, legal project management, status and
tasks.
559
00:45:12,816 --> 00:45:20,740
They could share information about the legal team that's billing time to the matters that
the clients are paying for very, very easily.
560
00:45:20,740 --> 00:45:22,290
And now we're just starting this journey.
561
00:45:22,290 --> 00:45:24,531
So I can't put a stake in the ground and say,
562
00:45:24,531 --> 00:45:28,423
Law firms aren't interested in that because that that's not true exactly.
563
00:45:28,423 --> 00:45:39,473
But when we were preparing for this, we wanted, we did a survey of 40, we hired a firm,
talked to 40 global 100 firms and the questions that they asked, there was very low
564
00:45:39,473 --> 00:45:46,809
appetite for law firms to share anything other than past invoices, but like all those
other things.
565
00:45:46,809 --> 00:45:52,864
And I understand why you wouldn't want to, um, you know, your whip time entries that have
to be massaged.
566
00:45:52,864 --> 00:45:54,335
And I get that.
567
00:45:54,335 --> 00:46:02,010
But why not share financial analytics about and the feedback that we got was, well, we
don't want to give our clients something they can use against us.
568
00:46:02,010 --> 00:46:03,892
Say, look how much money we're spending with you.
569
00:46:03,892 --> 00:46:08,085
And I'm thinking, they know, they know already how much money they're spending.
570
00:46:08,085 --> 00:46:09,996
You're not giving them anything they don't know.
571
00:46:09,996 --> 00:46:16,560
You're making it easier for them and you're presenting it at a consumable way where they
can drill down lots of interesting options.
572
00:46:16,560 --> 00:46:17,307
I don't know.
573
00:46:17,307 --> 00:46:18,418
a broken relationship.
574
00:46:18,418 --> 00:46:19,899
It's a broken relationship, right?
575
00:46:19,899 --> 00:46:29,177
If you're trying to withhold data from a partner because you don't want them to leave you
because they might realize that you're taking advantage of them, you don't have a
576
00:46:29,177 --> 00:46:31,449
relationship, right?
577
00:46:31,449 --> 00:46:33,070
You're manipulating them.
578
00:46:33,491 --> 00:46:39,736
And in any relationship, personal or professional, like people want to trust one another.
579
00:46:39,817 --> 00:46:42,098
They want to know that you have their back.
580
00:46:42,934 --> 00:46:51,461
And people, lawyers who approach it in that way will draw people because it's basic
psychology.
581
00:46:52,023 --> 00:46:53,614
We all want to feel appreciated.
582
00:46:53,614 --> 00:46:55,705
We all want to be a priority.
583
00:46:56,206 --> 00:46:58,749
We all want to feel like we're being heard, right?
584
00:46:58,749 --> 00:47:08,758
Like these are basic human EQ fundamentals, but they've also been proven time and time
again in business analytics, right?
585
00:47:08,758 --> 00:47:10,569
and strategy case studies.
586
00:47:10,569 --> 00:47:14,660
I am not saying anything that's just my opinion.
587
00:47:14,660 --> 00:47:18,161
All of this is validated in the business research.
588
00:47:18,321 --> 00:47:23,702
And I think if we as lawyers really took the time to reflect and ask, what are we doing?
589
00:47:23,702 --> 00:47:25,003
What are we providing?
590
00:47:25,003 --> 00:47:26,963
What kind of firm do we wanna have?
591
00:47:26,963 --> 00:47:30,884
And operate from those principles, we will do well, right?
592
00:47:30,884 --> 00:47:36,118
And we will stop chasing how much money are here at a different firm.
593
00:47:36,118 --> 00:47:39,442
is making, but we might actually have fulfilling careers.
594
00:47:39,442 --> 00:47:42,184
And our clients PS might actually like us.
595
00:47:43,046 --> 00:47:50,804
But what kind of world would it be if your if your client actually liked you and wanted to
spend time with you versus have to call you during a storm?
596
00:47:50,825 --> 00:47:53,187
Yeah, that is a great point.
597
00:47:53,187 --> 00:47:54,727
That is a great point.
598
00:47:54,808 --> 00:47:59,071
Well, we've run out of time and this is a, this is a record.
599
00:47:59,071 --> 00:48:07,957
Um, I'm over 70 episodes in and I've never followed a, um, an agenda less than we did
today, but this was really good.
600
00:48:07,957 --> 00:48:09,468
This is really good dialogue.
601
00:48:09,468 --> 00:48:13,721
So, I really appreciate you joining me and sharing your insights.
602
00:48:13,721 --> 00:48:18,165
And I do feel like you cut against the grain a little bit and tell it like it is.
603
00:48:18,165 --> 00:48:19,027
And I think
604
00:48:19,027 --> 00:48:26,269
We need more of that in this space right now because the path forward is not entirely
clear.
605
00:48:26,269 --> 00:48:31,317
And I really think we need to bring our A game if we're going to come out the other side
of this successful.
606
00:48:31,317 --> 00:48:33,981
So thank you very much for your insights.
607
00:48:34,325 --> 00:48:35,656
Thank you for having me.
608
00:48:35,656 --> 00:48:42,260
And I think this is an opportunity for lawyers to actually look at themselves and chart a
better path forward.
609
00:48:42,535 --> 00:48:43,565
Agreed.
610
00:48:43,806 --> 00:48:44,267
Awesome.
611
00:48:44,267 --> 00:48:45,948
All right, we'll have a good rest of your day.
612
00:48:45,948 --> 00:48:47,139
And thanks again.
613
00:48:47,139 --> 00:48:49,651
All righty.
00:00:04,583
Anastasia, how are you this afternoon?
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I am great, how are you?
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I'm doing good.
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I appreciate you joining me today.
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and it's going to be a good conversation.
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It is.
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is.
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You and I had a chance to chat and we had some really good dialogue about law schools and
how lawyers get prepped and how that prep prepares them or doesn't for legal practice and
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how it shapes their entrepreneurial thinking.
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So yeah, we got a lot of good conversation to have.
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Before we jump into that though, let's get you introduced.
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So
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You are a legal futurist, which I love that title.
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I like to think about the future as well.
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And you've done a lot of work in the legal innovation space.
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And I think you were uh most recently at the Utah Law School.
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Why don't you tell us a little bit about your background and what it means to be a
futurist.
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Yeah, it's actually like a circuitous path there.
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um I think I sort of Goldilocks through my career and thought I was gonna be a litigator,
like a big litigation partner.
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And then I got to law school, I realized I didn't like the work of litigation.
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And then I started on my path to figuring out what to do with this really expensive
degree, which I almost quit because I thought this is not going to make any sense and they
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convinced me to stay.
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But that really set up a conversation about what I should do with my skills.
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And we really don't have any tools to figure that out when we're in law school.
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And so for me, I knew I really liked working with people and I wanted to have some control
and autonomy over my schedule.
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So I started out in wills and trusts.
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but then was seeing so much fun activity happening around hedge funds and different kinds
of investment vehicles in the Wall Street Journal.
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And so I pivoted into corporate tax.
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And what was interesting in my practice as a lawyer was these are traditionally service
departments in many firms, but the firms that I chose deliberately were revenue generating
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departments.
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And so to be in what is a traditional service uh function.
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but then be in a firm that has grown those departments to be large was a very different
experience, including hovering our own corporate group underneath the tax group.
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And I think that probably also framed my thinking about the legal industry, right?
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We have these preconceived notions about what law practice looks like, what certain
lawyers do, but there are different ways to practice.
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As many lawyers as there are, there are different ways to organize this.
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And so...
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I'd practiced for four years.
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It didn't feel quite right.
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And I found myself really obsessed about how lawyers operated.
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Like how do we train lawyers?
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How do we develop business with clients?
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Just the general operations of legal services delivery.
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And so I went into a legal tech company called Practical Law, which at the time was
selling know-how, which is a whole other conversation we can have around unauthorized
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practice of law and legal advice and what is legal information.
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but they had lawyers creating content for other lawyers to get up to speed, whether they
were junior or just looking at different uh practice areas.
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And what that allowed me to do was work with all the MLOT 200, uh other smaller firms, as
well as in-house departments to understand how they train their lawyers, but essentially
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how they operate, right?
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Like, how do you take on this task of creating a professional services firm to deliver
client value?
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And training is a piece of it.
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but it touches everything else.
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ah And I saw from that point just how broad and varied our industry was, as well as the
many patterns of entrenchment that we have around the way that we practice, how skeptical
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we are about innovation and new products, how reluctant we are to efficiency, right, to
get our time back.
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And I found it to be a really fascinating exercise.
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Simultaneously on the legal tech business side, I was developing uh
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narratives and pitches and value propositions are really like developing a sales
enablement role while also having a product evangelist role, which it wasn't called that
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at the time, but I was doing a lot of thought leadership and evangelizing about how great
this product was to the market and different m industry associations.
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I also got to understand different industry associations in the lab, which is fascinating.
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And I also led law firm marketing there and then built out our own internal training
university.
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So really got to wear a lot of hats and realized that within a legal tech or innovation
environment, there's a lot more autonomy, agility, creativity, which I wasn't getting or
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seeing in my law practice and my two experiences.
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And so from there, after we were acquired by Thomson Reuters, I decided I wanted to apply
those principles into the business side of a law firm.
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So I went to the practice management business development side.
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of a firm to help grow the actual strategy of the practice areas that I was covering,
which was about half of the firm, mostly transactional and international practices.
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And I learned that we love to talk about change, but it's much harder to change,
especially from the inside of a firm.
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Even as lawyers, we like to have other lawyers who know our experience.
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We still struggle to do the really difficult aspects of change management within.
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law firm structures.
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know you write about about those structures as well and the challenges of change there.
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And so was eager to get back into innovation.
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I went to Axiom, which is a flex talent player for in-house talent.
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And my job is to figure out how we commercialize the talent function.
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I've never let a talent function.
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And so learning about what works and what doesn't work as far as attorney development,
what people want in their work experiences, how do you structure something that works in a
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more flexible environment, what people have choice, how do you help them understand their
trade-offs.
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I also manage recruiting.
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having conversations with lawyers who know they want to do something different, but having
them get comfortable about what that could look like was a fascinating discussion.
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And so I oversaw about 500 lawyers, which is half the global business of Axiom at the
time, but really integrated with the business, right?
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Trying to figure out how we anticipate client needs for coverage, how we get our lawyers
ready for that, how I have the right lawyers ready.
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for the needs that are coming up, which is a fascinating way to connect talent and
business operations, which we don't do very well in legal services.
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That could be a whole hour conversation.
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So I had done that.
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I had done a sabbatical to become a yoga teacher and try to build a wellness business that
didn't work out how I wanted.
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I went back into corporate.
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Simultaneously, there's a parallel track running for me where I was very involved with my
law school.
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And so although I didn't love my law school experience at Yale, I very much loved my Yale
community.
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And so I did a lot of volunteering, a lot of student mentorship.
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um I was on the board for our fund uh board at the law school and we had a new dean and
she said, hey, you know, like we offer this sort of all purpose learning degree, but it's
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like a leadership degree.
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It's a thinking degree.
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And I said, well, I've Goldilocks my career.
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through what lawyers can do, what skills they need, how to develop those things.
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I love to be a sounding board.
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And she said, actually, I want you to move here and build it.
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And so I architected this leadership program from scratch, worked a lot with students and
alumni and faculty to figure out where the gaps were and what we were offering, and also
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fundraised a record amount for the institution.
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But what I really loved about that role is I was doing innovation and entrepreneurship
inside a static institution inside academia.
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But it allowed me to see
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all the things I had seen in law practice and the operation of law to see some of the root
causes, where some of our lack of imagination, our sort of uh complex way to problem
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solving begin in the academy.
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And I do think, m I think the kinds of patterns we Yale reverberate through the rest of
the academy because so many of our graduates become faculty, right?
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So a lot of that culture transcends into the rest of that industry.
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And so then I was also the chief innovation officer at the University of Utah Law School
and come full circle.
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I am now a legal futurist and a product evangelist back in legal technology.
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I was really excited to see what the promise for change management meant for our
profession with the advent of generative AI.
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And as I told that very long-winded story, I think the threads come together, right?
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Like, how do we change the way that we deliver legal services given the tools that we have
in a more holistic way?
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Yeah.
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So innovating within legal challenging for a whole host of reasons.
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Innovating within a law school, within a university, like, I mean, that sounds like a big
hill to climb.
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How, how challenging was it to really get things done?
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Because when I think of innovation, there's a lot of trial and error.
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Um, you kind of have to, you know, un
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Unchain the handcuffs and really let people roam free.
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And, you know, there's lots of examples.
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Uh, I talked about one at the inside practice event, where I saw you in Chicago a few
months ago and, uh it was the, it was IBM's wild ducks.
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And I've mentioned it once before on the podcast, the CEO at the time, Thomas Watson, um,
created a team of about six.
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He, I think they called him fellows.
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And they were informally known as the wild ducks and they had, uh, they dress differently.
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They played by different rules.
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They basically had a blank check.
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could go in and steal resources from a team.
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could bypass processes and you know, they basically had a blank check to go in and conduct
experiments within the organization.
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And there were lots of interesting innovations that came out of that.
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Like I can't see that model working in a law firm or a university where there's so much
structure and politics and like, how do you, how do you innovate in that sort of
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environment?
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Yeah, so I think about innovation as doing things better.
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ah And I think doing things better is a function of change management.
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And it depends on how large of an impact you want to have.
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Right?
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At Yale, I was building a transformative program that would change how we did things for
200 years.
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It would be the largest program that we had done to date.
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And what was interesting is I had
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the support of my dean, right?
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So I had the most senior person gave me support to do something.
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I had very willing and interested students and alumni who knew that there were gaps and
wanted to bridge those gaps and create something better for themselves and future
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students.
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I had really engaged colleagues across other parts of the university, including the
business school and the SAI Center for Innovation.
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um And so I was able to pull all of those pieces together and my general resourcefulness
and hunger allowed me to leverage my resources among the alumni community and among the
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Yale community to be able to do that with the political backing of my dean.
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That said, it's still really, really difficult to do because change management is actually
in the day to day, right?
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It doesn't matter how much money you have.
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It actually doesn't matter how much political backing you have if the structure itself
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is impervious to change, it's very difficult to do these things.
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So you can create a really great structure, you can endow a program, but if the people who
are in there day to day are not bought into the mission and are not constantly striving
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and hungry to improve the processes and review what they're doing in every single
iteration, it won't change, right?
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And the only place where I saw that done extremely well from a culture perspective was
Axiom.
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I always tell people, it's like the few years that I was there were just absolutely magic.
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And the reason why they were magic is because everybody agreed on what the values were and
every decision we made from the smallest to the largest was made with those values in the
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background, right?
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So as we were trying to decide what we would do, we would look at our values and say, does
it align with what this is?
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And there was a lot of space to be able to call out senior managers, you know,
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top down and bottom up and vertically and diagonally, hey, this doesn't align with our
values.
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And they would listen.
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And so I think this is the part of change management that is not sexy, that's really hard
to talk about, which is how you get a large group of people with different motivations to
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move toward the same goal.
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And there are a lot of facets in that.
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But if you don't have mechanisms to hold people accountable,
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and you don't have people who are intrinsically motivated and bought in to the mission of
what you're doing, you will always struggle.
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And I think that's part of what we see in law firms, right?
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They're large partnerships.
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And so motivating and incentivizing people who are trained, trained in law school and
trained in law practice to look out for themselves, feed a team and service clients is
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very individual contributor minded.
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And so it's really hard to get them to shift and change the way that they operate unless
you have a firm that has shared values and your partners all believe in those and are
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motivated to move toward those.
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And that could be just a function of scale, but I think it's also a function of culture.
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For sure.
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Yeah.
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And innovation has not historically been a part of law firm culture DNA.
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It's just not for a number of reasons that we could probably spend a lot of time talking
about, but I posted something on LinkedIn, an article recently, it was a bit of a
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manifesto on a blueprint, a transformation blueprint for big law.
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I'm of the opinion that as we enter into a
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a marketplace where we have diminishing marginal costs of legal output and we have
increasing capital expenditure, which I'm not talking about buying Harvey and co-counsel
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licenses here.
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I'm talking about CapEx to create differentiating technology that's going to require
funding.
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I talk through a bit of a uh radical model, but it's essentially where
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you know, a law firm would stand up a standalone entity that would be basically a C Corp,
not a partnership where you have different governance models.
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um This would necessitate the um rollout of alternative business structures because I
think that external capital is not only going to be required from a capital perspective to
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really make this next leap into 2.0.
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but all the operational discipline that comes with external capital, right?
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You've got a board that management is held accountable to, and you have government,
governance structures and management is empowered to do things without all the friction
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and consensus driven decision-making that happens in law firms.
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Like I struggle to, to uh paint a picture in my mind of a, the existing structure creating
a,
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tech enabled legal services delivery machine and leveraging that as a core piece of
infrastructure delivery infrastructure.
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There's still going to be plenty of opportunity for humans in the loop, but you know, for
the blocking and tackling of legal work, there's a huge opportunity to leverage this tech.
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And I just look at how, you know, with a partnership model, there's such a focus on short
term profit taking.
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And all the, again, the, the friction in the consensus driven decision making, there's
very little accountability.
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You mentioned it earlier, like willingness to change and listen and divergent interest,
having to come together and get aligned.
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you know, the partnership model amplifies divergence because it makes it really hard.
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And, know, as far as like accountability, like, you know, I've seen it firsthand where,
you know, partners that are rainmakers.
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played by different rules and you know, the lateral mobility.
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That's another interesting dynamic.
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also creates toxic workplaces, right?
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If you look at the indicators for toxic workplaces, lack of integrity, right?
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Rules not applying to everybody in the same way creates real problems in the environment
that people work in.
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They don't want to work there.
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Yeah.
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And the most important, I think, aspect of it is not everybody's rowing in the same
direction when you don't have a consistent set of processes, rules, and values.
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And in order to scale an organization, and I've said this many times on the podcast,
there's not one law firm that would qualify for the Fortune 500.
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I don't know what K &E's 2025 AMLaw numbers are, but they're 2024 numbers.
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They're at like 7.3 billion and the floor on the Fortune 500 is about 7.6.
201
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So it's extremely fragmented, very and KNE is an outlier, you know, most firm average
revenue at AML 100 is 1.4 billion.
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So how, do we, how do we create the structure necessary for scale?
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And I don't see the current model as being, um, uh, a good foundation to lay that on.
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don't know.
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What is your take on that?
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So I spent a lot of time in the weeds of the business of law, right?
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I could spend days or an eternity talking about the business factors and levers.
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And I don't find that conversation to be interesting because it doesn't compel people
enough to actually change.
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And what we end up doing is we say, this is the original model.
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These are the financial concepts.
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And what we need to do to make it better is bring in better people, right?
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But I actually don't think that's true.
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I think what we need to do is we need to change who we are.
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We have to find similarly minded lawyers who know what the mission of lawyering is for
them, right?
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That'll be different for everybody, but who are aligned about what they're trying to
deliver and to whom and the values that they share and then build a business structure
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around that.
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Because that part's not that hard.
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But when you take a container that was meant for a different kind of practice a long time
ago,
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And then you're just saying, well, if I get better people in it, it'll work.
220
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And I was like, no, there are problems with our system and the container.
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And we can talk all day about the billable hour and we can talk all day about the
partnership model.
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And I think your solution is a good one.
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em And I think it is an option to try to make that better.
224
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But fundamentally, we as lawyers have to ask ourselves, what are we doing?
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Right?
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We have a fiduciary duty to our clients.
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We are given this right to practice law.
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with an obligation to serve the legal needs of people.
229
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And we have a monopoly for it, right?
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And instead we're gonna create a model where we're miserable.
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Like you look at the wellness numbers of lawyers and any other profession that had such
harm would not be in existence.
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But we allow that high rate of harm among our population and that's just normal to accept.
233
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And then we go back to saying it's the billable hour.
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So I think the form is broken, which is why I like your approach of like, let's start with
something else.
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Let's figure out who should be making management decisions, how that should be structured,
what accountability should look like.
236
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But I think also fundamentally, we need to ask ourselves what we're doing in legal
services.
237
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Like what kind of services are we trying to deliver?
238
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Who are we trying to help?
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We have a 92 % access to justice gap, right?
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In what other profession?
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If we didn't meet 92 % of people's needs, would we be around again?
242
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So we've been lucky for a really long time, but I think what technology starts to do is
make us have this conversation about our model.
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Like does our model actually serve its purpose?
244
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The answer is no, right?
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A lot of people are getting very wealthy in that model, but most people are actually
pretty miserable in that model.
246
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And that forces us to ask what we do.
247
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And
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Part of what we also get to ask is how can we achieve the goals of helping people navigate
their lives, whether they're business lives or their personal lives, in a more efficient
249
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manner?
250
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And now we have chat GPT, right?
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We now have large language models that allow us to start thinking about know-how, advice,
legal information, right?
252
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Who is entitled to know how the laws that govern their lives work?
253
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I would say everybody.
254
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I think everybody should know how the laws around them
255
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impact them and how to navigate these complex systems because we neither have enough
lawyers nor enough uh lawyers doing the kind of work to help people do that.
256
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But I do think looking at all of these factors that are changing at the same time, we get
to ask what we as a profession want and then we get to build businesses to support that
257
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for those of us who want to build businesses in the profession.
258
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Yeah.
259
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The big constraint for, guess The big roadblock for the, the Big Law 2.0 model is the ABS
rules and, and what, eight, the ABA model rule 5.4 that, you know, prohibits non-legal
260
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ownership.
261
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And I have talked to many really smart people in the space and one school of thought is
that, well, the ABA is not going to change that rule willingly.
262
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because it's creating a protection mechanism for the industry and lawyers run the ABA.
263
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So I actually have a different perspective on that.
264
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I'd be curious about your thoughts on this.
265
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I think lawyers are going to be the ones who drive this change.
266
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And I think the switch is going to flip when people realize, when lawyers realize that the
current model is incompatible.
267
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The current business model is incompatible with what the future state needs to look like
in order to create the scale.
268
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necessary to create that level of differentiation.
269
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You know, if you want to niche down and hyper focus, that's, uh, then you can, you can
apply, you can take the current model and apply it.
270
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If you want to achieve a level of scale where you can truly create differentiation.
271
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Um, I think, I think lawyers are going to have an aha moment and go, you know what?
272
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We, need to change this.
273
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So I don't know.
274
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What do you think about the sentiment out there with
275
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respect to alternative business structures.
276
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And we have two states, one of which is yours, that are experimenting here, but this would
need to accelerate in order for the model I propose to get traction.
277
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Yeah, my hot take is that we already have a non-lawyer ownership.
278
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Because if you're going to measure ownership by debt or equity, we have plenty of
litigation funders who have outstanding debt with many of the cases that are happening.
279
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There are other creative ways to do this, right?
280
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ah But debt is a form of ownership, I think.
281
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And again, that's a personal personal opinion.
282
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And so I think we have folks who are investing in firms or partially owning firms who are
not just lawyers.
283
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And I think there have been delicate decisions coming down to parse out why that's OK.
284
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ah I think there needs to be space to have this kind of iteration.
285
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So Utah was the first mover in this.
286
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They created five different kinds of structures which could come through the sandbox.
287
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So the Utah sandbox was a pilot.
288
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that was led by our Utah Supreme Court, essentially seeing just the volume of legal needs
that were coming in and just realizing in our traditional system, there's not really a way
289
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to address this effectively.
290
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So they said, you know, there are here are five different ways that you could do this,
including fee sharing, right, with non-lawyers.
291
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And they put up a structure.
292
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They've since changed that last year to minimize those buckets down to three.
293
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uh and also narrow that focus toward Utah uh and Utah access to justice kind of benefits.
294
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uh I'm on the Innovation Committee, which looks at general innovation in Utah, but I spent
a lot of time around the sandbox entities and having conversation with leadership uh
295
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around what the objectives are.
296
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And I think some of our challenges as the first mover in this is we wanted to have
adequate regulation and reporting and vetting.
297
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which depending on who you ask, some folks think that our levels are too high as far as
reporting requirements and uh qualification requirements.
298
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And so I think you look at like Arizona and they've chosen one lane uh and they have
slightly different requirements.
299
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so in our committees, we're always having conversations with other states to see what
they're doing, right?
300
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Minnesota is looking at AI um and potential sandbox pieces there.
301
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So.
302
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uh
303
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A lot of interesting things are coming that way.
304
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And I think that we are rightly concerned as a profession to have non-lawyers have any
sort of leverage or business interest in our entities.
305
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And there are ways to structure this um to make sure that we're following all of our
needs.
306
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we meet like, it's just, I feel like it's negligent as a profession to not meet the
majority of the legal needs.
307
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out there.
308
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Yeah, well, how much I mean, this has been done in other countries, right?
309
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You the Legal Services Act in the UK.
310
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That was like 10, 15 years ago.
311
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I know not a lot has changed as a result of that.
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I think now that the means of legal production are shifting rapidly, the likelihood for
change is much higher now than when the Legal Services Act was first put in place.
313
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But how much
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Are Utah and Arizona, I'm not sure if you know the answer to this question, but are we
leveraging the learnings there to help figure out?
315
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It sounds like we're kind of starting from scratch.
316
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I think we're, I mean, I don't know who everybody's perspectives when they had first
initially put this together, there were a lot of smart people involved.
317
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And so I know they looked at a lot of international resources.
318
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I just don't know exactly to what extent.
319
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I know that there are a lot of conversations that the committees across states wanting to
do things like this are having, right?
320
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There's a real desire to share learnings and best practices state to state.
321
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And I think Utah leading the pack really gave permission.
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to a lot of other states to at least em investigate what they should do to be able to help
needs.
323
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I think we focus in the UPL discussion and the ABS discussion, we focus a lot on lawyers
and the way that lawyers have done what they're doing.
324
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We don't focus as much on clients, what they actually need.
325
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Can we bridge the gap of what they actually need, which is practical guidance, not
necessarily legal advice.
326
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And we forget that WebMD gave us a lot of information on how to navigate conversations
with our doctors.
327
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That GPT and Google are now giving us much better ways to navigate the legal system and
the laws that govern us and the practical guidance we need to navigate our lives.
328
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And I'm in no way saying that people should be getting legal advice from a large language
model, right?
329
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But it does help us give a contextual window.
330
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It gives us
331
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and ability to have a higher level conversation.
332
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It gives people an understanding about how the rules generally apply and what
considerations they should make as they're choosing legal counsel, whether they're
333
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choosing legal counsel, whether they want to em engage in some sort of adversarial
process, right?
334
00:28:09,248 --> 00:28:17,548
Like there's a big gap between what I need to know before I find a lawyer and em what I'm
gonna get from.
335
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that lawyer and we just don't have that conversation often enough.
336
00:28:20,840 --> 00:28:32,266
And many of the people who are engaging some of the most sophisticated and intelligent
lawyers out there, those people have sophisticated subject matter expertise, right?
337
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They're able to ask the kinds of questions that they need to ask.
338
00:28:35,768 --> 00:28:38,029
They have a context for it.
339
00:28:38,069 --> 00:28:39,990
I think when we discuss
340
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UPL and ABS and these different structures, we have to think about all of those other
legal needs and figuring out how we can just share information.
341
00:28:48,329 --> 00:28:51,631
There will be, excuse me, virtual law firms, right?
342
00:28:51,631 --> 00:29:04,428
And alternative structure small firms who will be able to leverage the current existing
technology to be able to provide specific like subject matter expertise with that, as well
343
00:29:04,428 --> 00:29:08,736
as educating the populations, excuse me, in their communities.
344
00:29:08,736 --> 00:29:10,737
about what they provide, right?
345
00:29:10,737 --> 00:29:15,690
Like I think you and I talked about this a little bit in our previous conversation, like
where the opportunities are.
346
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There's always gonna be things happening on the fray.
347
00:29:18,288 --> 00:29:27,916
There are also gonna be big firms who gonna be adopting huge innovations by whether
creating something in-house or acquiring some sort of innovation or tech tool like we've
348
00:29:27,916 --> 00:29:29,116
seen many firms do.
349
00:29:29,116 --> 00:29:32,618
um That will be a harder change.
350
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management process because they're so large and because they've been around for a while,
right?
351
00:29:37,225 --> 00:29:49,329
So there are norms that need to be overcome, but there are a lot of small players who I
think can come in and really leverage this data, have a smaller portfolio or a more narrow
352
00:29:49,329 --> 00:29:58,542
portfolio of offerings and really specialize in what they're offering, where like, how are
we going to define the technology as an additional employee?
353
00:29:58,542 --> 00:29:59,852
Is it an employee?
354
00:29:59,950 --> 00:30:04,172
ah Is it, know, does it, it's not going to have an ownership stake.
355
00:30:04,172 --> 00:30:08,455
How does that come into UPL and ABS?
356
00:30:08,455 --> 00:30:19,731
So I'm really excited about the smaller players who know that this is just a time to
restructure the model that hasn't worked for them and hasn't worked for their clients, who
357
00:30:19,731 --> 00:30:28,962
take a client first view and try to create a solution and a service option that helps
those people while also
358
00:30:28,962 --> 00:30:31,200
following the laws that currently exist.
359
00:30:31,315 --> 00:30:35,468
It's an exciting time for challenger firms in this space right now.
360
00:30:35,468 --> 00:30:39,371
It really is the ones that really think long-term.
361
00:30:39,371 --> 00:30:41,752
You know, I'm doing a little experiment.
362
00:30:41,752 --> 00:30:53,160
So we hired someone recently from another company who had a non-compete and we wanted to
make sure that we uh steer clear of any sort of infringement on that.
363
00:30:53,160 --> 00:30:55,362
So we hired a labor and employment attorney.
364
00:30:55,362 --> 00:30:56,403
He did a great job.
365
00:30:56,403 --> 00:30:58,154
Well, we recorded all the calls.
366
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We documented all the questions we asked.
367
00:31:00,275 --> 00:31:03,056
And then this, this experiment is still in process.
368
00:31:03,056 --> 00:31:14,079
So I don't have any results yet, but, I'm basically going to take, uh, all of the
documentation and I'm going to put it into the generic AI models and I'm going to compare
369
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the output and the answers to those questions.
370
00:31:17,410 --> 00:31:20,911
And, know, we're, not a big buyer of legal services.
371
00:31:21,121 --> 00:31:29,535
and I'm doing it not because I don't want to go hire a labor and employment attorney for
important matters, but I'm doing it really just as a,
372
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comparison, like how good is the output and the questions?
373
00:31:33,647 --> 00:31:45,333
Now, if I were a big buyer of legal services, I would be doing this with maybe some
different intentions and you have to think that this is happening already on the buy side.
374
00:31:45,934 --> 00:31:58,120
So, you know, I think it's just a matter of time before we're going to, and who knows,
maybe we're already there, reach parity in terms of output on certain types of matters.
375
00:31:58,120 --> 00:31:59,291
um
376
00:31:59,291 --> 00:32:05,303
or maybe even, you know, superior output, um, certainly at a much lower cost.
377
00:32:05,303 --> 00:32:14,956
So it's going to be interesting to see how the buy side, because so much of what law firms
do is driven by the buy side, right?
378
00:32:14,956 --> 00:32:18,177
It's that's when law firms change their practices, right?
379
00:32:18,177 --> 00:32:20,928
It's when the gunny client says you're going to do this.
380
00:32:20,928 --> 00:32:23,568
Um, or I'm going to take my business elsewhere.
381
00:32:23,568 --> 00:32:25,799
So yeah, I think
382
00:32:26,376 --> 00:32:31,139
I just think there needs to be a bigger conversation about what is the valuable work that
we do, right?
383
00:32:31,139 --> 00:32:38,362
This is where the conversation is getting pushed on LinkedIn and among our groups, like
what is value added service?
384
00:32:38,526 --> 00:32:50,087
And I would argue that much of the value added service outside of a few discrete
situations is general business advice with regard to how the legal structures exist.
385
00:32:50,087 --> 00:32:52,219
It's not necessarily legal advice.
386
00:32:52,219 --> 00:32:56,272
I've been doing this for 20 years and I've watched the same transaction over and over
again.
387
00:32:56,272 --> 00:32:58,544
Here are some best practices.
388
00:32:58,645 --> 00:33:02,588
Just like in your case, I labor employment lawyer who's seen this play out many times.
389
00:33:02,588 --> 00:33:04,710
Here's some best practices.
390
00:33:04,726 --> 00:33:12,159
and how you guys should operate in your interview process to make sure that you have done
everything correctly, right?
391
00:33:12,159 --> 00:33:13,590
Belt and suspenders.
392
00:33:13,590 --> 00:33:15,510
Is that legal advice?
393
00:33:16,291 --> 00:33:18,992
I don't think in many cases it is.
394
00:33:18,992 --> 00:33:23,314
I think it's a function of these are smart people who know how the rules work.
395
00:33:23,314 --> 00:33:26,895
They've seen people inside and outside the lines.
396
00:33:26,895 --> 00:33:30,976
I'd like them to tell me how I don't fall outside the lines.
397
00:33:31,657 --> 00:33:34,718
I just want to follow the rules and do this correctly.
398
00:33:35,394 --> 00:33:43,691
And I think there's a real interesting model around that as people just want to agree on
how to operate through something together.
399
00:33:43,691 --> 00:33:48,566
I was having a conversation with a lawyer about this who was in my yoga class, cause I
teach yoga on Saturdays.
400
00:33:48,566 --> 00:33:57,784
And I was saying, you know, like I'm happy to get a chat GPT contract on something where I
know I'm not going to dispute, like I'm not going to go into litigation with someone.
401
00:33:57,784 --> 00:34:00,536
We just agree on these general terms.
402
00:34:00,536 --> 00:34:03,238
And what it is, it's a way of holding each other accountable.
403
00:34:03,702 --> 00:34:14,660
And so I think oftentimes looking at some of the ways that we operate in business and
asking what is the function of these things and are our clients, especially our
404
00:34:14,660 --> 00:34:27,979
non-lawyer, non-JD clients, are those clients comfortable enough using the documentation
they get for many of these, these technology solutions over going to a lawyer and spending
405
00:34:27,979 --> 00:34:28,930
that kind of money.
406
00:34:28,930 --> 00:34:32,598
And I think we're going to get to a place where they are going to get comfortable.
407
00:34:32,598 --> 00:34:33,810
And then what happens, right?
408
00:34:33,810 --> 00:34:37,185
When there are risk tolerances, this is good enough for us.
409
00:34:38,248 --> 00:34:39,389
Where do we go from there?
410
00:34:39,389 --> 00:34:39,849
Yeah.
411
00:34:39,849 --> 00:34:43,191
So, uh, my wife and I own five gyms here in St.
412
00:34:43,191 --> 00:34:44,640
Louis and we've moved one.
413
00:34:44,640 --> 00:34:46,952
So we've signed six commercial leases.
414
00:34:47,072 --> 00:34:53,114
Commercial leases are massively long and verbose and there's all sorts of potential
gotchas in them.
415
00:34:53,535 --> 00:35:04,719
Our process for, with these leases is I would sit down with my broker and we would
highlight who's negotiated hundreds, not thousands or, you know, been on the, on the buy
416
00:35:04,719 --> 00:35:07,981
side and the sell side, probably hundreds, if not thousands.
417
00:35:07,981 --> 00:35:08,893
And we would
418
00:35:08,893 --> 00:35:11,194
like pick the low hanging fruit.
419
00:35:11,194 --> 00:35:12,015
You know what I mean?
420
00:35:12,015 --> 00:35:24,882
uh, just the, the, real easy stuff before it, the, last iteration would always get, um,
reviewed by an attorney just to make sure we didn't miss something or there wasn't some,
421
00:35:24,882 --> 00:35:27,123
but that was pre chat GPT.
422
00:35:27,123 --> 00:35:31,393
If I were doing that now, I would leverage chat GPT in a big way.
423
00:35:31,393 --> 00:35:37,961
I just would say it's right, wrong, UPL, not like that's what I would do as a small
business person.
424
00:35:37,961 --> 00:35:40,321
to, to minimize my legal costs.
425
00:35:40,472 --> 00:35:41,112
and you know what?
426
00:35:41,112 --> 00:35:42,502
I think it would be damn effective.
427
00:35:42,502 --> 00:35:51,915
You know what I do now in all transparency, when I get an NDA as I don't even read it,
like if it's not ours, I put it in chat, between say what's, know, cause they're usually
428
00:35:51,915 --> 00:35:53,545
low risk documents.
429
00:35:54,406 --> 00:35:56,506
and they, they never go in front of a lawyer.
430
00:35:56,506 --> 00:35:59,757
have our director of business operations look for stuff that doesn't make sense.
431
00:35:59,757 --> 00:36:02,448
They're two pages, but that's usually my first step.
432
00:36:02,448 --> 00:36:06,973
And I know I'm not alone and people can furrow their brow and
433
00:36:06,973 --> 00:36:12,742
wave their finger at me, but that's how, as a small business person, you get things done.
434
00:36:12,944 --> 00:36:19,014
In big corporations where there's more at stake, you can't do what I'm doing, but that's
how small businesses are doing it.
435
00:36:19,014 --> 00:36:20,831
So it's just a matter of time.
436
00:36:20,831 --> 00:36:22,752
and it's like, it's good enough, right?
437
00:36:22,752 --> 00:36:25,018
It's good enough, and that's how people are gonna make their decisions.
438
00:36:25,018 --> 00:36:35,702
I would argue that even in large corporations, there are oftentimes decisions being made
without the scrutiny of the smartest lawyer, subject matter expert on that decision,
439
00:36:35,702 --> 00:36:36,302
right?
440
00:36:36,302 --> 00:36:44,428
corporate decisions being made, their employment decisions being made, their sales
decisions being made that have legal consequences, right?
441
00:36:44,428 --> 00:36:52,676
That do have some legal adjacency, but because of how large organizations are, how
bureaucratic they are, how siloed they are, right?
442
00:36:52,676 --> 00:36:54,287
There's not going to be a lawyer.
443
00:36:54,287 --> 00:36:58,110
There are judgment calls being made every single day about this.
444
00:36:58,110 --> 00:37:04,295
And this is why anytime we talk about these big conversations, I always want to pull us
back and say, like, what is our mission, right?
445
00:37:04,295 --> 00:37:05,858
What is our mission as lawyers?
446
00:37:05,858 --> 00:37:07,529
What is our mission as law firms?
447
00:37:07,529 --> 00:37:09,820
What is our mission as legal departments?
448
00:37:09,820 --> 00:37:12,362
What are we trying to achieve?
449
00:37:12,362 --> 00:37:15,694
And let's make decisions according to those principles.
450
00:37:15,694 --> 00:37:20,087
It becomes much easier because what our tendency is to do is to issue spot.
451
00:37:20,087 --> 00:37:22,268
We love going down rabbit holes.
452
00:37:22,268 --> 00:37:23,068
What if?
453
00:37:23,068 --> 00:37:26,120
The number of people, if I have one more person tell me about hallucinations.
454
00:37:26,120 --> 00:37:29,092
was like, why are you looking over there?
455
00:37:29,092 --> 00:37:31,613
Yes, yes, we will figure out hallucinations.
456
00:37:31,613 --> 00:37:33,054
It'll keep getting better.
457
00:37:33,410 --> 00:37:37,734
The technology will keep getting better and also PS humans make mistakes constantly.
458
00:37:37,734 --> 00:37:40,976
Our memories are very fallible, right?
459
00:37:40,976 --> 00:37:53,257
And so it drives me crazy when such smart people trained to problem solve and think
logically and communicate effectively when turned on themselves and turned on their
460
00:37:53,257 --> 00:38:02,304
businesses really struggle to use that kind of inquiry that's more directed and organized.
461
00:38:02,345 --> 00:38:03,225
Yeah.
462
00:38:03,446 --> 00:38:09,589
Well, one thing I wanted to talk to you about, we've been riffing here, which has been
really good.
463
00:38:09,610 --> 00:38:12,111
I wrote a nice agenda.
464
00:38:12,312 --> 00:38:13,833
There was a couple of things on here.
465
00:38:13,833 --> 00:38:17,515
No, I'm the host, it's on me.
466
00:38:17,555 --> 00:38:19,306
But this has been really good conversation.
467
00:38:19,306 --> 00:38:21,538
And it always is when we riff.
468
00:38:21,538 --> 00:38:27,261
But I wanted to get your perspective, and you and I talked about it a little bit the last
time, like the disconnect.
469
00:38:27,649 --> 00:38:32,363
I don't think you were in the session, but I did a presentation at that inside practice
event that I mentioned earlier.
470
00:38:32,363 --> 00:38:42,762
And I talked about how there's been a 2000 % increase in innovation resources in the last
10 years, 20 X, the number of people that there were 10 years ago in innovation roles and
471
00:38:42,762 --> 00:38:44,103
big law.
472
00:38:44,103 --> 00:38:51,078
And there was a, the law department operation survey by the Blixstein group, which is very
reputable.
473
00:38:51,078 --> 00:38:56,433
Um, one of the questions was, is your law firm partner innovative?
474
00:38:56,433 --> 00:38:57,109
And.
475
00:38:57,109 --> 00:39:00,149
almost two thirds either disagreed or strongly disagreed.
476
00:39:00,149 --> 00:39:01,289
And so we have this disconnect.
477
00:39:01,289 --> 00:39:04,969
So I always like to get people's perspective on what's driving that.
478
00:39:04,969 --> 00:39:09,409
I have my own theories and my listeners are probably tired of hearing innovation theater.
479
00:39:09,829 --> 00:39:13,869
But what do you feel like is driving that disconnect?
480
00:39:14,634 --> 00:39:16,364
Lack of relationships.
481
00:39:17,319 --> 00:39:18,639
Explain what you mean.
482
00:39:18,639 --> 00:39:30,145
this all comes down to the fact that we as a profession have not continued our best
practices around the relationships with our clients.
483
00:39:30,145 --> 00:39:40,430
ah There's an amazing post David Wang had about some of the work they're doing about
Cooley's AI principles and how they're having a dialogue with their clients.
484
00:39:40,570 --> 00:39:47,834
And a lot of what's missing in this client lawyer disconnect is actual conversations.
485
00:39:47,894 --> 00:39:50,555
about what clients want and need.
486
00:39:50,615 --> 00:39:54,687
Regular sit downs where I'm not going to bill you, right?
487
00:39:54,687 --> 00:40:03,320
Where I genuinely want to understand your business, your business objectives, your
long-term strategy and where I can help.
488
00:40:03,380 --> 00:40:08,882
Not how much of that can I take to make billable, but where can I actually help?
489
00:40:09,203 --> 00:40:17,226
And so I think the actual disconnect comes that in-house lawyers will come to their
outside counsel when there's a big problem.
490
00:40:17,762 --> 00:40:23,936
but they're not having regular discourse around what's happening with their business most
of the time, right?
491
00:40:23,936 --> 00:40:34,232
Like these seem like discrete issues, they're very expensive to fix, but the relationship
itself isn't one where I proactively as outside counsel regularly sit down with my client
492
00:40:34,232 --> 00:40:37,854
and figure out what's going on quarter to quarter in their business.
493
00:40:37,854 --> 00:40:44,780
And I share best practices and I give them general advice and then I figure out where we
can help to get ahead of problems.
494
00:40:44,780 --> 00:40:48,593
And then we sit down and we talk about what technology solutions we're using, right?
495
00:40:48,593 --> 00:40:50,105
Have you even started working on this?
496
00:40:50,105 --> 00:40:52,237
What part of your work are you doing it in?
497
00:40:52,237 --> 00:40:57,861
Instead, we're receiving RFPs with extensive questions that ask every single technology
you have.
498
00:40:57,861 --> 00:41:02,064
Are you going to explain the entire Microsoft Office suite in the RFP?
499
00:41:02,325 --> 00:41:02,635
Right?
500
00:41:02,635 --> 00:41:05,888
Like that, that, that is circumventing the conversation.
501
00:41:05,888 --> 00:41:13,044
So whenever I see inefficiencies like that in our profession, my immediate answer is like,
we're not having the real conversation.
502
00:41:13,442 --> 00:41:22,291
We're not having the relationship discussion of what I'm here to do for you and how much
I'm invested in your business and positive outcomes about what's happening.
503
00:41:22,291 --> 00:41:23,982
We're not having proactive discussions.
504
00:41:23,982 --> 00:41:26,354
not having scheduled regular meetings.
505
00:41:26,655 --> 00:41:30,698
I'm not coming to you when I see something new and interesting that I think could benefit
you.
506
00:41:31,139 --> 00:41:33,201
I'm just calling, responding, right?
507
00:41:33,201 --> 00:41:34,602
I'm reactionary.
508
00:41:35,029 --> 00:41:36,030
That's a really good point.
509
00:41:36,030 --> 00:41:36,440
Yeah.
510
00:41:36,440 --> 00:41:39,813
You know, this really, this makes me think of a very recent story.
511
00:41:39,813 --> 00:41:46,378
Like yesterday, this week, um, we are, my CFO and I are shopping for a new bank.
512
00:41:46,438 --> 00:41:57,207
we're starting to grow and outgrow our existing bank and, um, our, our, one of our
investors, TLTF put us in touch with several, several banks that, that fund venture backed
513
00:41:57,207 --> 00:41:58,288
startups.
514
00:41:58,408 --> 00:42:02,392
Well, I had a bank yesterday who asked for all sorts of stuff.
515
00:42:02,392 --> 00:42:04,319
Their intake process is incredible.
516
00:42:04,319 --> 00:42:06,270
They wanted our pitch deck.
517
00:42:06,270 --> 00:42:09,381
They wanted a video of me presenting the pitch deck.
518
00:42:09,381 --> 00:42:13,833
couldn't, I was so flattered that they actually wanted to understand my business.
519
00:42:13,833 --> 00:42:17,514
They want to understand our, they want to look at our contracts.
520
00:42:17,514 --> 00:42:23,777
And now a lot of this is risk mitigation, but the investor deck is very like strategic.
521
00:42:23,777 --> 00:42:25,288
That's not going to help them mitigate risk.
522
00:42:25,288 --> 00:42:29,820
That's going to help them understand our business and our full potential.
523
00:42:29,820 --> 00:42:30,790
So yeah, you know what?
524
00:42:30,790 --> 00:42:31,590
I've never had a lawyer.
525
00:42:31,590 --> 00:42:33,865
I've been an entrepreneur for 32 years.
526
00:42:33,865 --> 00:42:36,546
I started my first business before I was old enough to drink.
527
00:42:36,546 --> 00:42:40,508
I've never heard, had a law firm ask me for anything like that.
528
00:42:40,508 --> 00:42:44,511
Um, as part of their intake process, what a good first step.
529
00:42:44,511 --> 00:42:45,401
was totally impressed.
530
00:42:45,401 --> 00:42:48,872
These guys are probably going to win our business because they want to understand us.
531
00:42:50,058 --> 00:42:56,720
Yeah, and this is again, this is what's coming if you if you talk to the folks who are in
pricing, right, like Toby Brown and I have been dear friends for a really long time.
532
00:42:56,720 --> 00:42:58,920
We talk about profitability and pricing.
533
00:42:58,920 --> 00:43:09,203
And it never ceases to amaze me the miraculous reactions that he gets when he tells people
that he would go out and meet with clients, right, as as a member of the firm who wasn't a
534
00:43:09,203 --> 00:43:16,825
billing lawyer, to have proactive discussions about what their strategic vision was,
right, where they were going, what the hurdles were.
535
00:43:16,825 --> 00:43:20,226
These are very human relationships.
536
00:43:20,226 --> 00:43:21,927
things to do.
537
00:43:21,927 --> 00:43:25,748
These people pay us lots of money as lawyers.
538
00:43:25,748 --> 00:43:29,640
And the way that we approach them is like, we almost like feel bothered, right?
539
00:43:29,640 --> 00:43:38,994
Like it's like, because we have so much on our plates, we oftentimes don't even realize
the tone that we have with clients or how quickly we're getting back to them, right?
540
00:43:38,994 --> 00:43:41,855
There's not even room for the proactive behavior.
541
00:43:41,855 --> 00:43:46,117
And I think this is where AI is so useful because it helps to shift that.
542
00:43:46,117 --> 00:43:48,778
And a lot of the time intensive
543
00:43:49,292 --> 00:43:56,694
things that take us away from client service and client management and being proactive and
to your point, asking these questions, right?
544
00:43:56,694 --> 00:43:58,105
Like, help me learn about your business.
545
00:43:58,105 --> 00:44:09,207
Imagine you went with a lawyer who's trying to pitch you and they've done full research on
your industry, everything you've said, every podcast you've done, all of your competitors,
546
00:44:09,328 --> 00:44:09,728
right?
547
00:44:09,728 --> 00:44:17,910
And they've come in and they've told you what they think they understand about your
industry and your business and asked how you can help or what they're missing.
548
00:44:18,454 --> 00:44:20,405
What would that do to your experience?
549
00:44:20,969 --> 00:44:23,398
It would make them stand out tremendously.
550
00:44:26,687 --> 00:44:29,358
Yeah, it's a well, mean it.
551
00:44:29,358 --> 00:44:40,154
I hope we're trending in that direction because I feel like with all the transformation
that's taking place in the industry right now, what you're describing is going to be more
552
00:44:40,154 --> 00:44:41,625
and more important.
553
00:44:41,625 --> 00:44:47,108
You know, I have to say as a, we are info dash is a legal collaboration platform.
554
00:44:47,108 --> 00:44:52,791
We use the term intranet and extranet because the market knows what those, but there's
such dated terms.
555
00:44:52,892 --> 00:44:55,849
Um, I honestly dislike them, but
556
00:44:55,849 --> 00:45:03,112
You know, our extra net offering is a mechanism through which law firms can share
information with their clients.
557
00:45:03,152 --> 00:45:07,464
And this it's a bit, it's very different than it gets deployed in their environment.
558
00:45:07,464 --> 00:45:12,816
So they could share things like financial analytics, legal project management, status and
tasks.
559
00:45:12,816 --> 00:45:20,740
They could share information about the legal team that's billing time to the matters that
the clients are paying for very, very easily.
560
00:45:20,740 --> 00:45:22,290
And now we're just starting this journey.
561
00:45:22,290 --> 00:45:24,531
So I can't put a stake in the ground and say,
562
00:45:24,531 --> 00:45:28,423
Law firms aren't interested in that because that that's not true exactly.
563
00:45:28,423 --> 00:45:39,473
But when we were preparing for this, we wanted, we did a survey of 40, we hired a firm,
talked to 40 global 100 firms and the questions that they asked, there was very low
564
00:45:39,473 --> 00:45:46,809
appetite for law firms to share anything other than past invoices, but like all those
other things.
565
00:45:46,809 --> 00:45:52,864
And I understand why you wouldn't want to, um, you know, your whip time entries that have
to be massaged.
566
00:45:52,864 --> 00:45:54,335
And I get that.
567
00:45:54,335 --> 00:46:02,010
But why not share financial analytics about and the feedback that we got was, well, we
don't want to give our clients something they can use against us.
568
00:46:02,010 --> 00:46:03,892
Say, look how much money we're spending with you.
569
00:46:03,892 --> 00:46:08,085
And I'm thinking, they know, they know already how much money they're spending.
570
00:46:08,085 --> 00:46:09,996
You're not giving them anything they don't know.
571
00:46:09,996 --> 00:46:16,560
You're making it easier for them and you're presenting it at a consumable way where they
can drill down lots of interesting options.
572
00:46:16,560 --> 00:46:17,307
I don't know.
573
00:46:17,307 --> 00:46:18,418
a broken relationship.
574
00:46:18,418 --> 00:46:19,899
It's a broken relationship, right?
575
00:46:19,899 --> 00:46:29,177
If you're trying to withhold data from a partner because you don't want them to leave you
because they might realize that you're taking advantage of them, you don't have a
576
00:46:29,177 --> 00:46:31,449
relationship, right?
577
00:46:31,449 --> 00:46:33,070
You're manipulating them.
578
00:46:33,491 --> 00:46:39,736
And in any relationship, personal or professional, like people want to trust one another.
579
00:46:39,817 --> 00:46:42,098
They want to know that you have their back.
580
00:46:42,934 --> 00:46:51,461
And people, lawyers who approach it in that way will draw people because it's basic
psychology.
581
00:46:52,023 --> 00:46:53,614
We all want to feel appreciated.
582
00:46:53,614 --> 00:46:55,705
We all want to be a priority.
583
00:46:56,206 --> 00:46:58,749
We all want to feel like we're being heard, right?
584
00:46:58,749 --> 00:47:08,758
Like these are basic human EQ fundamentals, but they've also been proven time and time
again in business analytics, right?
585
00:47:08,758 --> 00:47:10,569
and strategy case studies.
586
00:47:10,569 --> 00:47:14,660
I am not saying anything that's just my opinion.
587
00:47:14,660 --> 00:47:18,161
All of this is validated in the business research.
588
00:47:18,321 --> 00:47:23,702
And I think if we as lawyers really took the time to reflect and ask, what are we doing?
589
00:47:23,702 --> 00:47:25,003
What are we providing?
590
00:47:25,003 --> 00:47:26,963
What kind of firm do we wanna have?
591
00:47:26,963 --> 00:47:30,884
And operate from those principles, we will do well, right?
592
00:47:30,884 --> 00:47:36,118
And we will stop chasing how much money are here at a different firm.
593
00:47:36,118 --> 00:47:39,442
is making, but we might actually have fulfilling careers.
594
00:47:39,442 --> 00:47:42,184
And our clients PS might actually like us.
595
00:47:43,046 --> 00:47:50,804
But what kind of world would it be if your if your client actually liked you and wanted to
spend time with you versus have to call you during a storm?
596
00:47:50,825 --> 00:47:53,187
Yeah, that is a great point.
597
00:47:53,187 --> 00:47:54,727
That is a great point.
598
00:47:54,808 --> 00:47:59,071
Well, we've run out of time and this is a, this is a record.
599
00:47:59,071 --> 00:48:07,957
Um, I'm over 70 episodes in and I've never followed a, um, an agenda less than we did
today, but this was really good.
600
00:48:07,957 --> 00:48:09,468
This is really good dialogue.
601
00:48:09,468 --> 00:48:13,721
So, I really appreciate you joining me and sharing your insights.
602
00:48:13,721 --> 00:48:18,165
And I do feel like you cut against the grain a little bit and tell it like it is.
603
00:48:18,165 --> 00:48:19,027
And I think
604
00:48:19,027 --> 00:48:26,269
We need more of that in this space right now because the path forward is not entirely
clear.
605
00:48:26,269 --> 00:48:31,317
And I really think we need to bring our A game if we're going to come out the other side
of this successful.
606
00:48:31,317 --> 00:48:33,981
So thank you very much for your insights.
607
00:48:34,325 --> 00:48:35,656
Thank you for having me.
608
00:48:35,656 --> 00:48:42,260
And I think this is an opportunity for lawyers to actually look at themselves and chart a
better path forward.
609
00:48:42,535 --> 00:48:43,565
Agreed.
610
00:48:43,806 --> 00:48:44,267
Awesome.
611
00:48:44,267 --> 00:48:45,948
All right, we'll have a good rest of your day.
612
00:48:45,948 --> 00:48:47,139
And thanks again.
613
00:48:47,139 --> 00:48:49,651
All righty. -->
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