In this episode, Ted sits down with David McCarville, Director at Fennemore Craig, P.C., to discuss how AI, R&D, and alternative business models are transforming the practice of law.
In this episode, David shares insights on how to:
Integrate R&D into law firm strategy through initiatives like Fennemore Labs
Use AI to improve efficiency, reduce write-offs, and enhance client value
Navigate the challenges of implementing alternative fee arrangements at scale
Leverage playbooks to train young attorneys and standardize quality
Balance innovation with work-life culture to sustain long-term success
Key takeaways:
AI tools are delivering efficiency gains of up to 80% in specific workflows
Alternative fee arrangements are promising but require structural and cultural changes
Work-life balance is a key differentiator in building a sustainable law firm culture
Playbooks can transform legal training by embedding senior attorney expertise into workflows
Alternative business structures and outside capital may be critical to sustaining innovation in law firms
About the guest, David McCarville
David McCarville is a Director in Fennemore’s Business & Finance Practice Group and Chair of Fennemore Labs, the firm’s R&D platform for developing new ventures and legal services. With extensive experience in transactional work, corporate governance, and technology-driven solutions, he provides innovative, cost-effective counsel to help clients address complex challenges. His work at Fennemore Labs focuses on leveraging AI and alternative business models to shape the future of legal practice.
To protect your clients, you have to develop a good due diligence capability so that you can filter out the noise in terms of what the vendors are offering you, right? Make sure your client’s data is safe. That’s fundamentally a requirement, ethical requirements.
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David, how are you this afternoon?
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Good afternoon, Ted.
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I'm good.
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Thank you.
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Thank you for having me.
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Yeah, I'm excited about this conversation.
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You and I had a quick chat.
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I had reached out to you about being a advisory board member for TLTF and we had a great
conversation.
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I was like, man, I got to get this guy on the podcast.
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So looking forward to it.
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um In addition to your work on the board at TLTF, you're also a partner at Fennimore and
chair of the Fennimore labs and
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Fill in the blanks, like, well, tell our audience a little bit about kind of who you are,
what you do, and where you do it.
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Yeah, very good.
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yeah, my name is David McCarvel.
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I'm chair of Fenimore Labs, which is our firm's R &D division, looking at AI programs and
also looking at alternative platforms, like does an alternative business structure make
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sense?
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We're looking at new pricing structures.
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So we have an AI and AFA policy document we produce for our partners to look at.
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we're also looking at how we can streamline operations.
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So the of the work you're doing at info dash, how we can work with tech vendors to better
serve our clients is really our main mission.
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And the committee's made up of attorneys who are practicing with myself.
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I'm in our business and finance practice group, but we have attorneys from all over our
offices and our different practice groups, you know, participating and trying to help us
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figure out how we can use this technology to better serve our clients.
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In addition to that, we've
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We created a number of ad hoc working groups that are looking at AI and alternative fee
arrangements.
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And we meet pretty regularly with those groups, trying to help them understand, you know,
what are the tools that we can use?
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What are some use cases and what are some good clients that we could potentially work with
to use this technology?
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So that's, that's a big part of what we do with labs.
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I'm also chair of our DNI committee on service and outreach.
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And I'm part of our federal forward program, which is a program where we have attorneys
who have their own book of business.
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come to work in places where we don't have traditional brick and mortar offices.
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So I'm located in Massachusetts near Boston.
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We have about 30 attorneys, I believe now in the Fennimore Forward Program who are all
over the country.
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Most of our lawyers, we have about 350 lawyers and most of our Fennimore lawyers and
offices are in the Mountain West.
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So that's our home base, if you will.
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We're headquartered in Phoenix where we started in 1885.
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So the has been around for a long time and I'm real happy to be here.
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So thank you.
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Awesome good stuff and you said R &D and law firm in the same sentence, which uh I thought
was interesting That's not you don't hear about law firms doing much R &D at least in the
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in the tech space.
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So how?
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How did Fennimore?
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Gravitate in that direction because again, you just don't you don't hear about it a lot
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Yeah, I think it was pretty organic.
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mean, we are fortunate that we have a manager committee that's really looking forward,
looking to the future and, you know, led by our CEO, James Goodenow, who I believe is the
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youngest CEO of an Amlog 200 firm.
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And, um, I have sort of an interest in curiosity and technology.
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I've been teaching a class at ASU law school as an adjunct professor on blockchain and
cryptocurrency.
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This is my eighth year of doing that.
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So it just was sort of a natural point of gravitation.
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just moved towards.
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technology.
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And then of course, when chat GPT dropped three years ago, we had started to fend more
labs with the idea, Hey, we really need to be leaning in and figuring out how we can use
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technology.
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And of course the AI boom started right around then.
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So initially in the first year, we, we spent a lot of time just trying to understand, you
know, what is this technology?
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Who's who in the zoo?
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made a catalog of over a hundred legal AI tech providers.
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We did a bunch of demos with people.
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And then the second year, we really started to center on a few very good vendors that we
continued to vet and work closely with.
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And now some of those vendors are on board with us and, um, happy to say that they're
working out very well.
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Uh, but again, these vendors that are on board with us now, for the most part, we've been
talking to them for about two years.
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And so it's, it's been a bit of a slog and a slow burn, but, um, it's been exciting also.
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And it's, it's, I give a lot of credit to, you know, the manager committee, but also to
the other attorneys like myself who are willing to dedicate some time, uh, to helping us
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figure this out, because you really do have to have both, I think of grassroots.
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Group of attorneys who are willing to put time in on it and you have to have the
management commitment as well.
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So we're fortunate to have both of those things.
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And that's a good segue into the topic around billable hours and alternative fee
arrangements.
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And the reason it's a good segue is because it's so difficult when so much emphasis is
placed on oh billable hour targets to get attorneys to divert their focus and their
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attention.
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There's a really high opportunity cost.
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There's a
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Couple of, there's a couple of interesting threads out there on, I'm not going to say the
name of the firm, but a firm recently published a 2,400 hour, maybe it was a 2,000 hour
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billable 400 hour kind of what we're talking about here, R and D development kind of
hours.
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And you know, if you do the math on that, it's pretty outrageous how the level of
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the extent to which that will skew work-life balance.
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And there's so much burnout in the industry.
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It's like, man, how do you guys think about balance and trying to make it a sustainable
path where people just don't hate their lives as they make their way up the ranks?
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Like, I don't know, any secret sauce there?
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Yeah.
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I mean, I think there's definitely a culture at Fennimore.
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Like I said, we've been around for a long time since 1885.
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And, uh, you know, before I came to Fennimore, had the pleasure of working with some of
the attorneys on different matters.
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And it's always had the culture of we work hard and we have good attorneys, but we're not
going to kill people with billable hour requirements.
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Um, in some ways it's kind of a choose your own adventure.
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Like if you want to bill 2,400 hours, we'll help you.
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And you know, we're happy to do that.
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And it is a little bit about the money.
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Um, but
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We enjoy a little more of a sort of Western Arizona approach to this kind of thing.
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We're not, you know, a New York law firm and in the AMLA 20 or whatever.
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So, uh, there was a different culture.
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I think I would credit that, that, you know, work life balance does matter.
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We understand that lawyers can get burned out and that burned out lawyer is no good for
anybody.
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So, um, we try to, you know, basically straddle that line between working hard, but also
having some balance.
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So I think that's an important part of culture.
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They just can't really transplant.
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somewhere.
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uh But you know, related to the alternative fee arrangements and how we look at the
collections issue is it really is mostly about collections at the end of the day anyway,
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right?
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Because you can build 2000 hours if you only collect half of those, then it's really not
that great.
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So what we are enthusiastic about is using AI to reduce write-offs, especially for
associates on matters and getting a better first draft and making sure that we're being
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efficient with our time.
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And that our clients are getting some value.
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Um, it's been a struggle and I'll get into it a little bit in terms of why that is.
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I anticipated that, all we need to do is find the right vendor and then it'll be easy to
unlock an alternative fee arrangement.
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But it's actually more difficult than that because yeah, you have to find the right vendor
and the right use case.
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You also have to find the right partner or director in our firm as we call them, who can
then take that and champion it with the right client.
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And then you have to figure out how to account for all of this in our internal
compensation system and crack that nut.
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So there are a number of challenges to get to a point where you're really ready and able
to use alternative fee arrangements at scale.
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We have been working very hard on it for a few years.
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It's hard work.
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So I don't think anybody should look at this and think we're going to be able to figure
this out in six months because that's just not going to happen.
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It might take another six months from now.
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might take another six years, but at this point, the efficiencies that we see are really
not materializing because we're spending a lot of time verifying that we're actually
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getting the right product to the client.
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Right.
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So, uh, I think the efficiencies are going to be there.
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looking at 20 to 80 % efficiency on some workflows.
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Um, but for the most part is just making our work product better.
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And we're doing a better job of quality control using these AI tools that we have right
now.
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And how are you creating incentives for attorneys to embrace the tech tools and these
alternative pricing models?
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Well, it's interesting.
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think the incentives over the last month have been me showing my colleagues, uh, how these
tools that we have on board right now are working and giving them some of the work product
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and they are, you know, reacting in a way that's telling me that they want these products
and they're going to go through the training now to get after it because they can see what
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they're doing.
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So that's one incentive is just showing them, here's what this tool can do on your
particular area of practice.
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and if I'm able to use it and show them results without being an expert in their domain,
um, that's convincing to them.
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So I'm seeing that happen in real time.
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The other aspect of it is working again with our management committee and our financial
folks to make sure that we understand how we can deal with an alternative fee arrangement.
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And that's why we developed a policy document that tries to identify the various
categories of AFAs between hybrid agreements, know, pure retainers as a whole universe of
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AFAs that are out there.
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And trying to find the right one for the director and also for their client is a big part
of it.
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And, that relationship is so important, right?
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So you don't want to put somebody in position where they're trying an AI tool and an
alternative fear arrangement with a client, and then they end up getting burned, right?
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That's just not appropriate.
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So it has to be dealt with very carefully and,
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You know, have to do a fair amount of work to put in place the infrastructure on the
compensation side and also to educate and bring your partners along.
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Hey, this is, this is really kind of where this is going.
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So the earlier we engage on it, the better off we are all going to be.
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So, and then how do you mitigate risks more broadly?
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if a client, if you head down the AFA path with an important client relationship, um I
mean, there's all sorts of risks.
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It's not just financial risks to the firm.
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It's potentially quality of deliverables to the client.
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um How do you guys think about and manage risks?
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more broadly when you're deploying AFAs with these important client relationships.
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Yeah, I mean, that's something that requires a conversation between, uh, you know, the
attorney who has a relationship and the client that, we have these tools.
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We think these tools can solve these problems for you.
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Um, let's do a proof of concept.
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Right?
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So I think this is probably the easiest way to mitigate the risk is just being honest with
your client, having a real discussion that, Hey, we're going to try this.
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We think this can work.
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what is interesting about it is what, and what we're seeing is that
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There are things that we can do for clients that would be very helpful to them that they
previously would not have come to us for because we were too expensive by the hour.
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ah But they may be upstream or downstream from our normal legal services, but they're very
relevant and related to our normal legal services.
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uh things that perhaps a client would have been doing internally, but maybe not doing so
well.
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Um, we now can offer them some services using these AI tools.
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So a big part of it is really just having an open conversation with the client about, you
know, their business, their workflows and how our workflow is their attorney interacts
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with that workflow and seeing if there are some additional value add, you know, uh,
services that we can provide using these tools to them, uh, around that.
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So mitigating the risk is really just trying to understand what your client's needs are
and, and having a little bit of more of an objective view.
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Um, rather than just a narrow view of these illegal services we provide you, and this is
all we're going to look at.
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Let's try to look at a more holistic view of the workflow before we get the product and
afterwards, you know, how do we actually mitigate risk for your business using the tools
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that we have in our legal services?
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So I looked up some stats.
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It's been a while, so I might get this wrong.
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So nobody, nobody hold me to these numbers, but I looked up some stats a few months ago
about law firm leadership demographics.
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And if I remember correctly, it was a very high percentage of the executive committee
demographics skewed.
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older like 55 plus which is no surprise right i mean it's usually you're more senior
senior leaders in the organization which is interesting because the most mckenzie did a
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study um based on age cohorts on the um the age um brackets that were most comfortable
with gen ai
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And the most comfortable are millennials, right?
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So it's hard to believe, but millennials are, mean, that generation started, I don't know,
early eighties, I think it was maybe 82.
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Um, so that's almost, they're 43 now, which is crazy.
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Like they're in their mid forties, but that slice of, um, that are that cohort is most
comfortable with Gen AI.
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And when you're talking about pushing out a very disruptive technology,
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You really have to set tone at the top, right?
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And those at the top are going to be, they are least comfortable with, with gen AI as a
group, right?
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So there's plenty of exceptions to that.
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And maybe, maybe your leadership team is different, but as a group.
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So how, how do you guys, how do we do that?
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How do we do both things?
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Right?
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Like it's important for leaders to understand the transformative nature.
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of the technology and be comfortable with it to really push it down to the masses.
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But those law firm leadership skews much older than um more broadly.
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Overall, if you look across industries, it's seniority based, right?
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So leaders have been with the organization longer, they tend to be older, but it skews
higher in legal.
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So how do you guys think about setting the tone at the top?
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when sometimes the people at the top are the least comfortable with the tech.
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Yeah, I mean, I think that is definitely a management committee issue, right?
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And I think our manager committee has addressed it by being very
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Intentional with regard to the directors meetings that we have every month, uh, making
sure to educate the directors about AI and where it's going and what it's doing.
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We've had some really interesting directors meetings along those lines and then having
breakout sessions where people can talk about it, but also during the annual retreat, uh,
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you know, we just had our annual retreat at the end of may, uh, in San Diego.
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And it was mostly about AI and the speakers we invited.
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We had Richard Susskind come the year before.
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uh
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in our retreat in Nevada, which was great listening to him talk about his book, Tomorrow's
Lawyers.
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And it's that kind of intentional messaging from the management committee that they think
has really broken through with that older demographic.
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And you're right.
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mean, look, from their perspective, they are for the most part making a very good living
doing things the way that they've been doing them for a long time.
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And their horizon is a little shorter than the rest of us in terms of where they are for
retirement.
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So
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It's not as big of an incentive for them to move into exploring something new.
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But yeah, I mean, we had a very good business of finance practice meeting today and a
number of the folks who were, you know, asking questions of the AI vendor that was
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demonstrating, you know, the product were interested and they were older, you know, and
they were interested in, and they can see the value in it when.
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And really, I think that's where the proof is in the pudding, right?
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When you can show a lawyer, hey, this is going to get you to a 90 % draft much faster, and
it's going to improve your work product, whatever age they're at, if they can see it with
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their own eyes, it's going to be convincing.
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And that's what we're finally starting to see now.
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It's really starting to break through.
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the proof is in the pudding, I guess.
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you know, these lawyers who've been around for a long time, they'll know when they see an
AI product that's actually working versus one that's just...
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uh
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You know, flashbang and noise, nothing really happening, but the ones that we're
demonstrating right now are really getting some traction with these folks and they're
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interested and they're willing to take the training that we require to use them.
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So that tells you a lot right there.
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Yeah, you mentioned like 20 to 80 % efficiency gains on specific legal tasks, which is
incredible.
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can you give some examples?
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Like what sort of tasks?
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Are there any common themes across those tasks?
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Yeah.
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I mean, I think if you look at litigation, you know, lot of the different components of
litigation, you can break them down.
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Like if we look at, different AI tools that can take and chronology, create a chronology
of events and facts and fact patterns, there's a lot of work that goes into that.
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And there's still going to need to be a lot of work in terms of oversight on how you put
those things together.
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Um, but it can be done a lot more efficiently using a very good and vetted AI program.
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Uh, the same thing is true with contracts and transactional
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work that I do and with our &A group, especially, um, on due diligence, you know, there's
a lot of things that AI can really do very quickly to help surface issues that are very
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important.
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Like, Hey, where are the liquidated damages clauses here in these contracts?
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Um, and also helping you generate language that is going to work for a very specific
situation.
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I mean, the reality is for most lawyers, you know, in our amlock 200, ranks here.
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the work that we do is very custom.
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I mean, I know that's probably not as custom as we like to think it is, but all of us
think of our own language as being very, very important.
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so what's important for us is to understand where we can get those efficiencies and how we
can use AI to put our own spin on it and customize it for the work that we do for our
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clients using our.
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best templates and our best phrases and clauses that we've created over the years.
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And that's, you know, one of the exciting things we're starting to see now is that we can
start to create those kinds of customizations for lawyers.
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And that's, uh, that's very exciting because that that's really, think one of things
that's kept a lot of people from being engaged because you know, they have their own
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specific languages and processes they like to use.
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Uh, and so
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Giving them tools now that can help them implement that is really exciting part of the
growth that we're seeing.
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And then last time you and I talked, you had mentioned that you guys um were thinking
about like playbooks for standardized work or you know, like stock purchase agreements and
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NDAs.
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don't, I mean, I never sent NDAs to lawyers anyway, but I run them through my GPT or one
of the models now and I have our standard MNDA and ask for what's different.
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And it works.
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It works great.
247
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It's low risk, but you know, stock purchase agreement, lease reviews.
248
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Um, my wife and I own five gyms here in St.
249
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Louis and we moved once we've had to sign six commercial leases and you know, we avoided
lawyers until the last minute.
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Like, so it be me and my broker hashing out.
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Cause we, you know, um, I mean, I think I'm
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certified by the jailhouse bar, right?
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I could be jailhouse lawyer.
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um I've read enough legal documents.
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So we would get it to maybe inside the 20 yard line and then bring a lawyer in to kind of
finalize it.
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But it seems like there's tremendous opportunity.
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Like what are your thoughts on like creating playbooks around some of that standardized
work?
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Yeah, absolutely.
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think playbooks are going to be great, especially for quality control.
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And I think, you know, this is probably not something that's talked about very much, but I
think playbooks are going to be very helpful for young attorneys and associates because
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the playbooks we're creating are from experienced attorneys templates.
262
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And they're the ones who are creating the playbooks, right?
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We don't have associates creating playbooks, but when the playbook is run,
264
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The program can show the attorney like, here's why we're changing this provision, right?
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It gives the rationale and the language and
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I don't know about other attorneys who, who are out there, but for me, as an associate
coming up, I had some good mentors for sure on how to do things, how to not do things.
267
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You know, you pay attention and you learn those things, but having somebody sit down and
walk through a contract with you like that, you know, clause by clause and show you, this
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is why we're redlining.
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It didn't really happen.
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And now I think it's possible for a young associate to get that kind of training and
education.
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You know, if they're paying attention and wish they are, I mean, all the associates we
bring on are great.
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great attorneys, they're going to be great attorneys, they need some experience, right?
273
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And so having the tools in the playbook to help educate and train attorneys in real time
when they're creating that first draft for the director to look at, I think it's a
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valuable resource and I think it's something that's going to help them in their career.
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uh
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And so, yeah, I mean, think that playbooks are going to be very important.
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And again, playbooks that are customized based on the specific needs of the attorney who
has that client relationship.
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And I'm sure, you know, attorneys out there will recognize that you can have 10 attorneys
all in the same practice group working on the same type of document, but they're going to
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want to draft it a little bit differently, right?
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Because everybody has their own language.
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And to some extent, attorneys are more like artists than they are, you know, engineers,
right?
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So.
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They might all get to the same place at end of the day, but they're going to want to get
there perhaps using some different language.
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And so we have to be able to give them the tools that allow them to customize it the way
that they want and the way their client expects it as well.
285
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Yeah.
286
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What are your thoughts on that?
287
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So, you know, today legal is very bespoke, right?
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It's Etsy, not Amazon.
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And, you know, the reality is as we build these tech enabled legal service delivery
machines, how much opportunity and really how much appetite is there in the marketplace
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for more of that bespoke, Hey, I really like this language.
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versus the standard out of the playbook.
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Like that's something that I've always struggled with because I've worked with a lot of
lawyers.
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I've been an entrepreneur for 32 years and had lots of lawyers with differing philosophies
about things.
294
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And I've gotten advice to do it one way and then taking that document, change law firms
and hand it to another one.
295
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They're like, yeah, absolutely not.
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Yeah.
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How much opportunity for standardization is there?
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in legal do you think?
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Yeah.
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mean, I guess the lawyer, the answer is it depends, right?
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And I think it depends on the market segment you're talking about.
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So for the most part, the MLOT 200 is serving a very narrow section of the general
population, right?
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And for most of the clients that we have, they trust us individually and as a firm to take
care of them.
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And they're willing to spend their resource, their money to have us spend our time getting
it right.
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And so I think to some extent that market's always going to be there for customized,
bespoke legal work.
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But as we know, there is a humongous market of small and medium sized businesses out there
that typically won't come to a Fentimore or another Amlock 200 firm for legal services.
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And for those clients, there probably is going to be a market open up for them of more
standardized.
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agreements and uh legal services at scale that's different than what legal zoom offers
right now and is different than what fenimore offers our current clients but there's i
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think a huge latent legal market in between those two you know brackets and i think this
technology is going to unlock it and you know we're certainly paying attention to that as
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well
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Yeah, I've been kind of running an experiment over the last, since close to the beginning
of the year where I have been running almost everything.
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I can't even think of any exceptions to this right now.
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Every piece of legal work product that crosses my desk, I run through AI now.
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And um for a variety of different reasons.
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Some of it is pure testing, like...
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Um, I've mentioned it on the podcast before we hired a, uh, employee away from another,
uh, from a competitor and they had some non-compete language and we wanted to make sure
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that we steered clear of, um, encroaching on that.
318
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So we engaged a labor and employment attorney.
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asked him a big, long set of questions.
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I wrote down the answers and then I went to AI and I asked all the same questions and you
know what?
321
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the answers were almost identical um with very few exceptions.
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um We have a 409A program here that's like a shadow equity incentive program.
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I ran that through AI.
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It did a fantastic job risk ranking all my risks.
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were redoing our operating agreement.
326
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We just converted or we took a C-corp election that had to be reflected in the operating
agreement.
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I had it go through and highlight risks.
328
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I mean, absolutely fantastic.
329
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And it did better in most cases than any lawyer has ever done explaining to me.
330
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Well, first of all, risk ranking, inventorying the risks, risk ranking them based on
impact, and then also kind of like a likelihood of occurrence, and then helping role play
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where specific provisions might manifest themselves and what the economic impact of that
would be.
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So it's not that a lawyer was, isn't capable of doing that.
333
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They are, but to put it in that nice, neat, orderly, it would, you'd end up paying $30,000
just for all the admin work necessary to do that.
334
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And I got it done in, you know, 30 seconds, um, using grok four.
335
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So, um, I have been absolutely shocked at how good AI is at doing so many legal tasks now
for
336
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For high risk stuff, my attorneys always do the final.
337
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The docs always get finalized by my legal team.
338
00:27:25,836 --> 00:27:29,611
But man, it has been an eye opener just seeing how good AI is at this stuff.
339
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Do you have the same perspective?
340
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Yeah.
341
00:27:33,562 --> 00:27:35,553
I mean, and it's getting better all the time.
342
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I that's the thing that's really surprising to me, especially with the vendors we're
working with, where they're continuing to add new features and, um, it's yeah, it's, it's
343
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phenomenal.
344
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And I think there are threats to the traditional legal business model in a number of ways.
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One is just the technology itself.
346
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Like you're pointing out more and more people can just go and use the technology and they
might be satisfied with that.
347
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Now, obviously there's some danger to that and you're smart to go back to your attorneys
and have them review the final, but, um,
348
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The technology is definitely a threat.
349
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And then of course, our current competitors who are learning how to use AI as well, that
that's a real threat.
350
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Um, and then you have, you know, for example, I think it was the summer Y Combinator made
a call for founders to come in and start a full stack AI law firm.
351
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So, you know, we have new entrants coming into the market that aren't our traditional
competitors that are going to be using this technology in different ways.
352
00:28:26,766 --> 00:28:35,706
Um, you have the alternative business structure licenses and other things that can
potentially combine legal services and technology in ways that hasn't been done before.
353
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Uh, so the traditional legal model is definitely under a lot of pressure.
354
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There are a lot of threats from different areas.
355
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So it's very important for us to be aware of that.
356
00:28:45,346 --> 00:28:48,294
I'm hopeful because I just think that.
357
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you know, there are going to be increasing demands from our existing clients for legal
services.
358
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I see opportunities for us to provide additional services to our clients that are, you
know, related to the traditional services we provide them.
359
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And I think we can get after additional client bases that, know, before now may not have
come to us either down market or up market.
360
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because we can use these tools effectively and because we're putting in the time in a
disciplined way to understand how to use this technology.
361
00:29:19,914 --> 00:29:28,734
So I'm bullish, but at the same time, you know, hearing you talk about your use of AI, I
know there are a lot of clients that are doing the same thing and they're sending us, you
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know, a product that they've already run through their AI tools and
363
00:29:31,806 --> 00:29:40,624
And so it is just part of the fabric now, I think, of providing legal services that you
need to understand that this is a movement that's happening where the technology is going
364
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to be a threat to your business if you're not embracing it already.
365
00:29:45,236 --> 00:29:59,374
And you guys are headquartered in a state that's pioneering kind of the modified model
rule 5.4 with allowing non-legal ownership in the form of alternative business structures.
366
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And there are entrants making their way into that market.
367
00:30:03,376 --> 00:30:12,513
uh There is about um a 4,000 employee
368
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tax and advisory firm called Aprio that I don't know if they have, I think they have a
joint venture with a small 50 attorney law firm called Radix Law and they created Aprio
369
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Law.
370
00:30:25,321 --> 00:30:37,081
That was newsworthy, the real, mean, KPMG also was granted rights to stand up in ABS.
371
00:30:37,341 --> 00:30:50,233
which I think is extremely interesting given their size and scale, 36,000 employees, 40
plus billion dollars in, no, I'm sorry, 36, they have like 275,000 employees, um 40
372
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billion in revenue and that's probably a dated number, they're probably higher now.
373
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A global presence, DNA that has really adopted the innovation ethos
374
00:31:06,821 --> 00:31:15,643
And 4,000 lawyers, if you stood those lawyers out on their own, they'd probably be an
Amlaw 10 law firm.
375
00:31:16,104 --> 00:31:28,887
And I look at that and I'm like, man, these guys are going to be competing with some of
these law firms that have really under invested in technology, are resistant to change,
376
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are risk avoidant, have consensus driven decision making.
377
00:31:35,266 --> 00:31:50,650
governance models and XCOM members with short retirement horizons that are in lateral
mobility, firm to firm, all of this adds up to what's gonna happen?
378
00:31:51,550 --> 00:32:01,429
How do you see this thing playing out as more, and that's still, I and I just wanna be
clear, I'm not saying law firms are.
379
00:32:01,429 --> 00:32:02,260
are going away.
380
00:32:02,260 --> 00:32:03,221
don't think that at all.
381
00:32:03,221 --> 00:32:10,079
The bet the farm stuff is still going to law firms for the foreseeable future, maybe
forever.
382
00:32:10,079 --> 00:32:18,588
But there's a lot of blocking and tackling work out there too, that I could see KPMG
making a really strong uh pitch for.
383
00:32:18,588 --> 00:32:19,770
So I don't know.
384
00:32:19,770 --> 00:32:23,113
How do you see the whole ABS thing?
385
00:32:24,014 --> 00:32:24,314
Yeah.
386
00:32:24,314 --> 00:32:25,434
I mean, look, it's exciting.
387
00:32:25,434 --> 00:32:33,854
And, know, I'm happy to say that our firm was one of, I think the few, if not the only
larger firm in Phoenix that didn't sign a petition to try to stop the Arizona state
388
00:32:33,854 --> 00:32:36,594
Supreme Court from putting the ABS in place.
389
00:32:36,594 --> 00:32:45,214
And we actually had one of the judiciary come in and talk to us about, you know, why it
was set up and the whole reason for it to be set up in the first place was really an
390
00:32:45,214 --> 00:32:46,434
access to justice issue.
391
00:32:46,434 --> 00:32:49,334
You know, it wasn't necessarily for KPMG to make more money.
392
00:32:49,334 --> 00:32:54,028
was to give, you know, regular citizens more access to legal services with the idea that
393
00:32:54,028 --> 00:33:00,311
technology would enable legal services to be delivered at a lower price point, which I
think is correct.
394
00:33:00,391 --> 00:33:10,476
And I do think that's probably going to be the net effect and that impact of ABS entities
is that they are going to be able to use technology and different business model
395
00:33:10,476 --> 00:33:21,762
structures rather than the partnership structure and billable hours to generate revenue in
a way that is going to make the legal services much less expensive to receive.
396
00:33:22,068 --> 00:33:32,275
And I'm also bullish that the demand for legal services is going to continue to increase
because I do think that there are a lot of people out there who have unmet legal needs.
397
00:33:32,275 --> 00:33:36,654
I think even our existing clients uh for the most part have
398
00:33:36,654 --> 00:33:43,454
things that they would probably prefer that we do for them, but that we've just been too
expensive to do them for them in the past.
399
00:33:43,454 --> 00:33:52,214
And now, you know, with this technology and with us having a real honest conversation with
them, I think we can expand a little bit our footprint and maybe change some of the
400
00:33:52,214 --> 00:33:54,074
pricing into alternative fee arrangements.
401
00:33:54,074 --> 00:33:56,354
do think AFAs will take off.
402
00:33:56,354 --> 00:33:57,854
I just don't know when.
403
00:33:57,854 --> 00:34:03,394
I think, um, there's a tremendous amount of hype and pressure around putting them forward
for good reason.
404
00:34:03,454 --> 00:34:04,194
Um,
405
00:34:04,194 --> 00:34:14,721
But the, you know, the broad scale implementation of AFAs and departure from billable
hours, I don't know that ever fully happened because, you know, in some instances, the
406
00:34:14,721 --> 00:34:16,814
client's getting a great deal if they can pay.
407
00:34:16,814 --> 00:34:22,854
By the hour for advice that will literally save them millions of dollars, which happens
pretty regularly.
408
00:34:22,854 --> 00:34:23,874
Then they're going to do that.
409
00:34:23,874 --> 00:34:24,634
Right.
410
00:34:24,634 --> 00:34:27,734
But there are workflows and specific legal services.
411
00:34:27,734 --> 00:34:31,054
I think that, that, you know, are good fits for AFAs.
412
00:34:31,054 --> 00:34:40,014
And so it might be, you know, six months from now, it could be six years, who knows, but,
uh, we as lawyers have to be thinking this way because there are a lot of problems for us
413
00:34:40,014 --> 00:34:43,404
to solve just to get into position to provide.
414
00:34:43,404 --> 00:34:47,181
clients with legal services that are not based on a billable hour.
415
00:34:47,181 --> 00:34:54,474
So fair amount of work that we have to do to change our mindset and our internal
compensation structures to get ready for that.
416
00:34:54,476 --> 00:35:06,915
Yeah, I think it's actually pretty short-sighted for law firms and lawyers to oppose this
ABS um model rolling out.
417
00:35:06,915 --> 00:35:12,319
I actually believe that lawyers are going to be the ones advocating for it soon.
418
00:35:12,319 --> 00:35:18,603
And the reason is because there are a number of benefits that it creates.
419
00:35:18,603 --> 00:35:23,064
First, it creates a whole new access to capital.
420
00:35:23,064 --> 00:35:26,455
that didn't exist before, which really wasn't necessary.
421
00:35:26,455 --> 00:35:32,038
Scaling a professional services team, you need some money for working capital, right?
422
00:35:32,038 --> 00:35:40,081
There's a pretty big delay from an hour that you work on January 1st that doesn't get
invoiced until February 15th.
423
00:35:40,081 --> 00:35:43,762
It doesn't get collected until March 15th, if you're lucky.
424
00:35:44,203 --> 00:35:45,924
And you may only collect half that.
425
00:35:45,924 --> 00:35:48,615
there's capital needs there, right?
426
00:35:48,615 --> 00:35:51,846
But um in terms of doing R &D,
427
00:35:52,045 --> 00:36:04,040
which I think law firms are gonna have to do because uh I don't think that buying off the
shelf tools is going to create enough differentiation ah because again, competitors can do
428
00:36:04,040 --> 00:36:04,160
it.
429
00:36:04,160 --> 00:36:07,702
So how are firms gonna differentiate themselves?
430
00:36:07,702 --> 00:36:17,306
They've historically done that with their brand, with the wins, the high profile wins,
with the big name attorneys that they've got that have had the high profile cases.
431
00:36:17,440 --> 00:36:21,241
And that's still going to be a factor, but technology is also going to be a factor.
432
00:36:21,241 --> 00:36:23,512
And that has not been a factor before.
433
00:36:23,552 --> 00:36:28,013
And how are they going to deploy on that without capital?
434
00:36:28,013 --> 00:36:29,763
Well, this opens up a whole new avenue.
435
00:36:29,763 --> 00:36:32,434
I don't know what, what.
436
00:36:32,434 --> 00:36:40,696
And so, and I think over time that lawyers are going to realize that, that they have to,
they're going to have to, the rules of the game have changed.
437
00:36:40,696 --> 00:36:46,754
And if they want to compete, they're going to have to make investments and how do they
fund those investments?
438
00:36:46,754 --> 00:36:48,598
Well, ABS is a good model.
439
00:36:48,598 --> 00:36:57,888
Do you think that mindset, that anti-ABS mindset is too well entrenched to move, or could
you see it moving?
440
00:36:58,894 --> 00:36:59,274
Yeah.
441
00:36:59,274 --> 00:37:03,154
I mean, you see some state legislatures introducing legislation, try to block.
442
00:37:03,154 --> 00:37:09,454
think California has some legislation right now that they're potentially going to block
out of state ABS is from practicing there if that moves forward.
443
00:37:09,454 --> 00:37:15,954
But I agree with you a hundred percent on your premise, which is, you know, the
differentiation is going to be where the strategic advantage comes in, right?
444
00:37:15,954 --> 00:37:21,234
You want an asymmetric advantage and you're not going to get that if you're just buying
the same license that everybody else has.
445
00:37:21,548 --> 00:37:24,941
If everybody has Harvey, there's not a whole lot of differentiation there, right?
446
00:37:24,941 --> 00:37:38,662
But if you're doing both, if you're buying licenses for things that you can use and your
clients want, um, and you're building on top of your own data set and, your own unique
447
00:37:38,662 --> 00:37:39,512
advantages, right?
448
00:37:39,512 --> 00:37:46,574
think every firm has some unique advantages in terms of practice areas, geographic
locations, their market fit.
449
00:37:46,574 --> 00:37:57,674
The clients are going after, you know, there's some unique characteristics to probably
every firm that's in the amlot 200, but how they utilize this technology and where they
450
00:37:57,674 --> 00:38:03,894
choose to build and where they choose to buy is going to make a big difference on how
effective they are downrange.
451
00:38:03,894 --> 00:38:06,354
And I think, you know, you're right.
452
00:38:06,354 --> 00:38:14,574
Getting outside capital is going to be extremely helpful, especially as you start to see
these IT expenditures go up and up and up, right?
453
00:38:14,574 --> 00:38:15,438
Because.
454
00:38:15,438 --> 00:38:23,138
When the partner starts spending 10 % of the revenue on IT, it's going to make it a very
uncomfortable conversation come bonus time.
455
00:38:23,138 --> 00:38:23,698
Right.
456
00:38:23,698 --> 00:38:34,758
But if you can do it with outside capital and you can mitigate your risk and you can
potentially, you know, get some multiple of your revenue in terms of valuation, the idea
457
00:38:34,758 --> 00:38:39,318
of owning equity and ABS is very different than the idea of owning equity in a
partnership.
458
00:38:39,318 --> 00:38:39,978
Right.
459
00:38:39,978 --> 00:38:40,462
So
460
00:38:40,462 --> 00:38:45,987
um So there are very interesting economics and business models to look at.
461
00:38:46,789 --> 00:38:55,577
And it's not clear, you know, what the timeframe for all this change is going to be, but I
think it is clear that there's going to be some massive change in terms of the way that
462
00:38:55,598 --> 00:38:59,221
law firms as businesses are run in the next five to 10 years.
463
00:38:59,266 --> 00:38:59,496
Yeah.
464
00:38:59,496 --> 00:39:09,790
And the governance model too, my listeners have probably heard me talk ad nauseam at this
point about just the lack of governance in law firms.
465
00:39:09,790 --> 00:39:15,713
you know, I came from, spent 10 years in financial services, very highly regulated
industry.
466
00:39:15,713 --> 00:39:19,915
And I was primarily in uh risk management roles.
467
00:39:19,915 --> 00:39:25,267
So that's kind of second line of defense, you know, in, in financial services that we say
we have four lines of defense.
468
00:39:25,267 --> 00:39:28,290
First line of defense is the business unit, right?
469
00:39:28,290 --> 00:39:35,875
the commercial bank, the consumer bank, could be wealth management.
470
00:39:35,875 --> 00:39:39,108
They have controls to mitigate risk in that line of business.
471
00:39:39,108 --> 00:39:43,951
Then you have a risk management partner that's aligned specifically to with each line of
business.
472
00:39:43,951 --> 00:39:45,622
That's your second line of defense.
473
00:39:45,622 --> 00:39:48,864
Then you have third line of defense, which is corporate audit.
474
00:39:49,465 --> 00:39:57,077
And then you have your fourth line of defense, which is the Wall Street Journal, which is
where you end up if the first three fail and
475
00:39:57,077 --> 00:40:00,449
Law firms have one line of defense, right?
476
00:40:00,449 --> 00:40:13,956
I've yet to see a law firm with an internal audit and risk management partners and an
audit committee and a uh board of directors that holds everybody accountable.
477
00:40:13,956 --> 00:40:15,817
It's just a different model.
478
00:40:15,817 --> 00:40:27,052
So I think for firms to scale beyond single digit billions, think a different business
model or corporate structure
479
00:40:27,052 --> 00:40:29,622
governance model is going to be needed.
480
00:40:29,622 --> 00:40:31,338
I don't know if have any thoughts on that.
481
00:40:32,556 --> 00:40:33,116
Yeah, I do.
482
00:40:33,116 --> 00:40:39,168
And I think you can see, you know, there have been a lot of examples of law firms spinning
out subsidiary ALSPs, right?
483
00:40:39,168 --> 00:40:44,062
I'll turn to legal service provider units that have done specific things, maybe point
solutions in particular areas.
484
00:40:44,062 --> 00:40:47,735
And I do think that makes a lot of sense going forward as well.
485
00:40:47,735 --> 00:40:56,029
I think you're right that, you know, the traditional law firm is not really well
structured at the moment to take advantage of all the opportunities that are out there.
486
00:40:56,029 --> 00:41:01,080
But I think with the right focus and discipline around.
487
00:41:01,080 --> 00:41:02,861
you how do we explore these business models?
488
00:41:02,861 --> 00:41:11,096
What are some opportunities we can, you know, seize out here and how can we look at this
more from a private equity or venture capital perspective?
489
00:41:11,096 --> 00:41:18,060
uh It really comes down to just being a little more objective about, you know, what the
clients want, right?
490
00:41:18,060 --> 00:41:19,821
And they need specific legal services.
491
00:41:19,821 --> 00:41:23,773
Do they really care how long it took you to deliver those services?
492
00:41:23,773 --> 00:41:25,204
Probably not, right?
493
00:41:25,204 --> 00:41:28,504
uh There's a certain value you're delivering.
494
00:41:28,504 --> 00:41:32,007
how you do that is really the question we're trying to answer here.
495
00:41:32,007 --> 00:41:36,100
Like, should we continue to do it the same way we've been doing it for the last 50 years?
496
00:41:36,100 --> 00:41:37,831
Probably not, right?
497
00:41:37,831 --> 00:41:44,286
In most cases, we should probably look at, there some tools that might make us a little
more efficient or just make the product better, right?
498
00:41:44,286 --> 00:41:47,868
ah And so that's really where we're coming down.
499
00:41:47,868 --> 00:41:49,949
But I think you're right.
500
00:41:50,330 --> 00:41:55,914
the business model of a law firm just has not included a lot of governance uh per se.
501
00:41:56,394 --> 00:41:59,497
Except I will say that lawyers are generally very, very conservative.
502
00:41:59,497 --> 00:42:02,259
And so, you know, they don't take a lot of risk.
503
00:42:02,259 --> 00:42:09,595
So for the most part, that's been good to allow us to survive and not go extinct as a
business model.
504
00:42:09,595 --> 00:42:13,037
You know, we've been able to preserve our own businesses for the most part.
505
00:42:13,037 --> 00:42:21,214
And I think uh it is, you know, it's a good attribute, but it's also probably something
that's keeping a lot of law firms from innovating the way they probably should be at the
506
00:42:21,214 --> 00:42:22,024
moment.
507
00:42:22,208 --> 00:42:26,399
Yeah, lawyers are risk avoidant.
508
00:42:26,399 --> 00:42:34,642
And that's good when you're lacking layers of protection between you and the Wall Street
Journal.
509
00:42:34,642 --> 00:42:47,485
But um I think in order to scale, to have Fortune 500 level scale, I'm not sure that the
current law firm partnership model is the right path.
510
00:42:49,818 --> 00:42:51,064
What about
511
00:42:51,064 --> 00:42:55,576
You know, we're almost out of time, but I did want to balance one thing off of you.
512
00:42:55,576 --> 00:43:07,921
And that is like, how do firms think about, how should they think about balancing the
protection of the firm's reputation, which as we just talked about, that's like number one
513
00:43:07,921 --> 00:43:11,763
on the differentiation list is the brand, right?
514
00:43:11,763 --> 00:43:17,565
Versus the need to make bold moves in technology adoption, because it does come with risk.
515
00:43:17,565 --> 00:43:20,246
So I don't know, how do you think about it?
516
00:43:20,574 --> 00:43:25,777
What do you think are best practices around that thought process?
517
00:43:27,310 --> 00:43:27,550
Yeah.
518
00:43:27,550 --> 00:43:35,730
I mean, I think to protect your clients, first of all, you have to develop a good due
diligence capability so that you can filter out the noise from the signal in terms of what
519
00:43:35,730 --> 00:43:37,270
the vendors are offering you, right?
520
00:43:37,270 --> 00:43:40,690
Make sure your client's data is safe.
521
00:43:40,690 --> 00:43:43,310
That's fundamentally a requirement, ethical requirements.
522
00:43:43,310 --> 00:43:53,610
So making sure you have those pieces, you know, built in place first so you can screen out
bad actors and you can really just work with the best of the best in terms of legal tech
523
00:43:53,610 --> 00:43:54,572
providers.
524
00:43:54,572 --> 00:43:58,586
And then trying to find legal tech providers that will actually work with you and listen
to you.
525
00:43:58,586 --> 00:44:01,890
Um, what you don't want to do is just get a sales person.
526
00:44:01,890 --> 00:44:07,236
You want somebody who's actually going to take your feedback and maybe go back to the
engineering team and say, Hey, they need X, Y, and Z.
527
00:44:07,236 --> 00:44:07,897
Can we do this?
528
00:44:07,897 --> 00:44:09,488
And then, yes, they can.
529
00:44:09,488 --> 00:44:15,515
and so, like I said, the relationships we have right now, we've been talking to these
vendors for two years and they've been great to work with.
530
00:44:15,515 --> 00:44:16,605
And I think,
531
00:44:16,908 --> 00:44:17,778
That's what you need.
532
00:44:17,778 --> 00:44:23,201
You need a vendor that is going to listen to you and then it's going to be reactive to
your needs and your clients needs.
533
00:44:23,201 --> 00:44:27,193
So due diligence, reactive, good vendor that you can work with somebody you can trust.
534
00:44:27,193 --> 00:44:32,966
And then, you know, find some use cases where you can actually get some return on
investment, or at least you see.
535
00:44:33,006 --> 00:44:39,606
the light at the end of the tunnel where you can get some return on this investment
because without that, you're going to have a difficult time selling it to your partners
536
00:44:39,606 --> 00:44:47,326
that, we need to go back and get some more money to pay for this legal tech, especially if
it's not going to make any money anytime soon.
537
00:44:48,094 --> 00:44:54,237
Having a clear discipline process on how you're going to get to a return on investment is
super important.
538
00:44:54,237 --> 00:45:00,360
So I think that's probably the final piece, just making sure you have the right use case
and the right clients and the right practice area.
539
00:45:00,360 --> 00:45:08,724
You're going to actually try to do some proof of concept and take some measurements in
terms of how much time you actually spent versus how much time you would have spent
540
00:45:08,724 --> 00:45:10,144
without the tools.
541
00:45:10,324 --> 00:45:13,686
And look, in that process, you're going to end up spending more time, right?
542
00:45:13,686 --> 00:45:17,978
Because you need to do it the traditional way and you need to test it in the new way.
543
00:45:17,978 --> 00:45:20,270
So it is actually going to be more time committed.
544
00:45:20,270 --> 00:45:30,889
But if you're clear on the goal that, at the end of the day, if we can get this right, we
can actually deliver this service to our client and it's less expensive.
545
00:45:30,889 --> 00:45:31,490
It's faster.
546
00:45:31,490 --> 00:45:32,781
It's better product.
547
00:45:32,781 --> 00:45:34,923
Then it's worthwhile going through that process.
548
00:45:34,923 --> 00:45:38,317
So I guess those would be the three steps I would prescribe.
549
00:45:38,317 --> 00:45:46,515
Yeah, and what tech initiative doesn't require more investment in time than the status
quo?
550
00:45:46,515 --> 00:45:48,917
I'd argue all of them do, right?
551
00:45:48,917 --> 00:46:00,547
If you get a new CRM with new capabilities, you're going to have to invest time in finding
a migration path to customize the new system.
552
00:46:00,768 --> 00:46:03,660
It's a time investment.
553
00:46:03,754 --> 00:46:07,557
no matter what sort of tech change you're implementing.
554
00:46:07,557 --> 00:46:20,046
And man, your point is really solid about finding the vendors who listen because, you
know, that's where, you know, we compete with the big boys, like on the, on the legal
555
00:46:20,046 --> 00:46:30,714
internet side, they're not much competition anymore, but it was Handshake that was bought
by Adorant, very big company, not, not really a strategic, um,
556
00:46:32,504 --> 00:46:34,914
platform in their broader portfolio.
557
00:46:34,914 --> 00:46:43,560
Uh, and then on the extra net side, compete with IQ that's owned by Thompson Reuters,
which, know, they are another really big organization.
558
00:46:43,560 --> 00:46:47,552
And, um, we are differentiating ourselves.
559
00:46:47,552 --> 00:46:58,878
The, the market has really expressed strong interest for alternatives and we're raising
our hand and saying, Hey, we're here and we have a client advisory panel and we'd love you
560
00:46:58,878 --> 00:47:02,560
to participate and help us guide the roadmap.
561
00:47:02,612 --> 00:47:05,124
And man, that has been such a successful partnership.
562
00:47:05,124 --> 00:47:14,611
We've, we have had, especially on the extranet side, which is newer, our internet platform
is very well established, like quarter of the AMLAL use us.
563
00:47:14,611 --> 00:47:16,032
We're only three and a half years old.
564
00:47:16,032 --> 00:47:23,737
So we've had tremendous traction in that space, but on the extranet side, it took another
two and a half years of R and D to get that right.
565
00:47:23,737 --> 00:47:25,318
Because it's so much more high risk.
566
00:47:25,318 --> 00:47:30,314
It's client facing, like you have to make sure that governance and
567
00:47:30,314 --> 00:47:38,660
security controls, provisioning, all these things are really tightly managed and um our
customers feel the difference.
568
00:47:38,660 --> 00:47:47,926
uh I would echo your sentiments about find a vendor who wants to listen to what you have
to say because it makes a huge difference.
569
00:47:49,100 --> 00:47:49,370
Yeah.
570
00:47:49,370 --> 00:47:52,563
I mean, ultimately they're like a legal partner in some ways, right?
571
00:47:52,563 --> 00:48:00,238
I know we're not supposed to say that on ethical rules, but the reality is that if you're
relying on them for legal services or for, for services that are going to be a part and
572
00:48:00,238 --> 00:48:05,542
parcel of your legal services, you need to be very comfortable that they are actually
paying attention to what you need.
573
00:48:05,542 --> 00:48:12,337
And there's, there's a good working relationship there, just like you'd want to have with
any professional services provider that you're working with, right?
574
00:48:12,337 --> 00:48:14,619
You want to make sure that there was a good relationship there.
575
00:48:14,619 --> 00:48:16,864
You're communicating well, you know, just
576
00:48:16,864 --> 00:48:19,575
important pieces of any good relationship.
577
00:48:19,575 --> 00:48:21,646
yeah, I think that's, that's been hugely important.
578
00:48:21,646 --> 00:48:30,171
I think it helps, uh, you be much more successful or mitigate your risks, at least if you
have a good partner who you can communicate with and who's listening to you as you're
579
00:48:30,171 --> 00:48:31,051
communicating with them.
580
00:48:31,051 --> 00:48:32,834
So yeah, super important.
581
00:48:32,834 --> 00:48:33,555
Totally.
582
00:48:33,555 --> 00:48:35,175
Well, this has been a great conversation.
583
00:48:35,175 --> 00:48:38,718
really appreciate you spending a few minutes with us today.
584
00:48:38,718 --> 00:48:44,141
How do people find out more about Fenimore Labs or you or do have LinkedIn profile?
585
00:48:44,141 --> 00:48:46,342
What's the best way for people to get in touch?
586
00:48:47,008 --> 00:48:49,901
Yeah, certainly linkedinphenimorelaw.com is our website.
587
00:48:49,901 --> 00:48:53,454
You can go on there and find out more about Fenimore Labs and what we're doing with AI
project.
588
00:48:53,454 --> 00:48:56,007
Blue wave is our AI project.
589
00:48:56,007 --> 00:49:00,461
Um, lot of good information on the website and, yeah, I'm happy to talk to anybody.
590
00:49:00,461 --> 00:49:04,545
If you have any questions or if you want to just discuss legal tech, I'm interested.
591
00:49:04,545 --> 00:49:08,619
So feel free to drop me a line on LinkedIn or by email through the website.
592
00:49:08,619 --> 00:49:11,688
Appreciate the time and thank you to have this opportunity.
593
00:49:11,688 --> 00:49:12,260
Awesome.
594
00:49:12,260 --> 00:49:12,750
All right.
595
00:49:12,750 --> 00:49:19,273
And then we'll see you uh not too long in uh Austin for TLTF, correct?
596
00:49:19,768 --> 00:49:20,290
That's right.
597
00:49:20,290 --> 00:49:20,732
That's right.
598
00:49:20,732 --> 00:49:21,071
Yeah.
599
00:49:21,071 --> 00:49:22,520
See you at the TLTF summit.
600
00:49:22,520 --> 00:49:23,189
Should be good.
601
00:49:23,189 --> 00:49:24,050
All right, good stuff.
602
00:49:24,050 --> 00:49:25,191
Thanks David.
603
00:49:26,776 --> 00:49:27,817
Take care.
00:00:03,699
David, how are you this afternoon?
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Good afternoon, Ted.
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I'm good.
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Thank you.
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Thank you for having me.
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Yeah, I'm excited about this conversation.
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You and I had a quick chat.
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I had reached out to you about being a advisory board member for TLTF and we had a great
conversation.
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I was like, man, I got to get this guy on the podcast.
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So looking forward to it.
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um In addition to your work on the board at TLTF, you're also a partner at Fennimore and
chair of the Fennimore labs and
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Fill in the blanks, like, well, tell our audience a little bit about kind of who you are,
what you do, and where you do it.
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Yeah, very good.
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yeah, my name is David McCarvel.
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I'm chair of Fenimore Labs, which is our firm's R &D division, looking at AI programs and
also looking at alternative platforms, like does an alternative business structure make
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sense?
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We're looking at new pricing structures.
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So we have an AI and AFA policy document we produce for our partners to look at.
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we're also looking at how we can streamline operations.
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So the of the work you're doing at info dash, how we can work with tech vendors to better
serve our clients is really our main mission.
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And the committee's made up of attorneys who are practicing with myself.
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I'm in our business and finance practice group, but we have attorneys from all over our
offices and our different practice groups, you know, participating and trying to help us
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figure out how we can use this technology to better serve our clients.
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In addition to that, we've
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We created a number of ad hoc working groups that are looking at AI and alternative fee
arrangements.
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And we meet pretty regularly with those groups, trying to help them understand, you know,
what are the tools that we can use?
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What are some use cases and what are some good clients that we could potentially work with
to use this technology?
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So that's, that's a big part of what we do with labs.
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I'm also chair of our DNI committee on service and outreach.
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And I'm part of our federal forward program, which is a program where we have attorneys
who have their own book of business.
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come to work in places where we don't have traditional brick and mortar offices.
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So I'm located in Massachusetts near Boston.
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We have about 30 attorneys, I believe now in the Fennimore Forward Program who are all
over the country.
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Most of our lawyers, we have about 350 lawyers and most of our Fennimore lawyers and
offices are in the Mountain West.
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So that's our home base, if you will.
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We're headquartered in Phoenix where we started in 1885.
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So the has been around for a long time and I'm real happy to be here.
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So thank you.
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Awesome good stuff and you said R &D and law firm in the same sentence, which uh I thought
was interesting That's not you don't hear about law firms doing much R &D at least in the
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in the tech space.
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So how?
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How did Fennimore?
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Gravitate in that direction because again, you just don't you don't hear about it a lot
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Yeah, I think it was pretty organic.
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mean, we are fortunate that we have a manager committee that's really looking forward,
looking to the future and, you know, led by our CEO, James Goodenow, who I believe is the
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youngest CEO of an Amlog 200 firm.
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And, um, I have sort of an interest in curiosity and technology.
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I've been teaching a class at ASU law school as an adjunct professor on blockchain and
cryptocurrency.
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This is my eighth year of doing that.
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So it just was sort of a natural point of gravitation.
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just moved towards.
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technology.
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And then of course, when chat GPT dropped three years ago, we had started to fend more
labs with the idea, Hey, we really need to be leaning in and figuring out how we can use
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technology.
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And of course the AI boom started right around then.
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So initially in the first year, we, we spent a lot of time just trying to understand, you
know, what is this technology?
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Who's who in the zoo?
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made a catalog of over a hundred legal AI tech providers.
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We did a bunch of demos with people.
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And then the second year, we really started to center on a few very good vendors that we
continued to vet and work closely with.
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And now some of those vendors are on board with us and, um, happy to say that they're
working out very well.
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Uh, but again, these vendors that are on board with us now, for the most part, we've been
talking to them for about two years.
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And so it's, it's been a bit of a slog and a slow burn, but, um, it's been exciting also.
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And it's, it's, I give a lot of credit to, you know, the manager committee, but also to
the other attorneys like myself who are willing to dedicate some time, uh, to helping us
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figure this out, because you really do have to have both, I think of grassroots.
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Group of attorneys who are willing to put time in on it and you have to have the
management commitment as well.
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So we're fortunate to have both of those things.
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And that's a good segue into the topic around billable hours and alternative fee
arrangements.
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And the reason it's a good segue is because it's so difficult when so much emphasis is
placed on oh billable hour targets to get attorneys to divert their focus and their
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attention.
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There's a really high opportunity cost.
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There's a
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Couple of, there's a couple of interesting threads out there on, I'm not going to say the
name of the firm, but a firm recently published a 2,400 hour, maybe it was a 2,000 hour
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billable 400 hour kind of what we're talking about here, R and D development kind of
hours.
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And you know, if you do the math on that, it's pretty outrageous how the level of
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the extent to which that will skew work-life balance.
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And there's so much burnout in the industry.
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It's like, man, how do you guys think about balance and trying to make it a sustainable
path where people just don't hate their lives as they make their way up the ranks?
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Like, I don't know, any secret sauce there?
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Yeah.
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I mean, I think there's definitely a culture at Fennimore.
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Like I said, we've been around for a long time since 1885.
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And, uh, you know, before I came to Fennimore, had the pleasure of working with some of
the attorneys on different matters.
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And it's always had the culture of we work hard and we have good attorneys, but we're not
going to kill people with billable hour requirements.
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Um, in some ways it's kind of a choose your own adventure.
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Like if you want to bill 2,400 hours, we'll help you.
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And you know, we're happy to do that.
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And it is a little bit about the money.
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Um, but
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We enjoy a little more of a sort of Western Arizona approach to this kind of thing.
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We're not, you know, a New York law firm and in the AMLA 20 or whatever.
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So, uh, there was a different culture.
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I think I would credit that, that, you know, work life balance does matter.
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We understand that lawyers can get burned out and that burned out lawyer is no good for
anybody.
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So, um, we try to, you know, basically straddle that line between working hard, but also
having some balance.
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So I think that's an important part of culture.
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They just can't really transplant.
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somewhere.
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uh But you know, related to the alternative fee arrangements and how we look at the
collections issue is it really is mostly about collections at the end of the day anyway,
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right?
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Because you can build 2000 hours if you only collect half of those, then it's really not
that great.
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So what we are enthusiastic about is using AI to reduce write-offs, especially for
associates on matters and getting a better first draft and making sure that we're being
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efficient with our time.
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And that our clients are getting some value.
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Um, it's been a struggle and I'll get into it a little bit in terms of why that is.
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I anticipated that, all we need to do is find the right vendor and then it'll be easy to
unlock an alternative fee arrangement.
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But it's actually more difficult than that because yeah, you have to find the right vendor
and the right use case.
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You also have to find the right partner or director in our firm as we call them, who can
then take that and champion it with the right client.
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And then you have to figure out how to account for all of this in our internal
compensation system and crack that nut.
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So there are a number of challenges to get to a point where you're really ready and able
to use alternative fee arrangements at scale.
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We have been working very hard on it for a few years.
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It's hard work.
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So I don't think anybody should look at this and think we're going to be able to figure
this out in six months because that's just not going to happen.
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It might take another six months from now.
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might take another six years, but at this point, the efficiencies that we see are really
not materializing because we're spending a lot of time verifying that we're actually
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getting the right product to the client.
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Right.
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So, uh, I think the efficiencies are going to be there.
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looking at 20 to 80 % efficiency on some workflows.
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Um, but for the most part is just making our work product better.
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And we're doing a better job of quality control using these AI tools that we have right
now.
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And how are you creating incentives for attorneys to embrace the tech tools and these
alternative pricing models?
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Well, it's interesting.
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think the incentives over the last month have been me showing my colleagues, uh, how these
tools that we have on board right now are working and giving them some of the work product
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and they are, you know, reacting in a way that's telling me that they want these products
and they're going to go through the training now to get after it because they can see what
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they're doing.
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So that's one incentive is just showing them, here's what this tool can do on your
particular area of practice.
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and if I'm able to use it and show them results without being an expert in their domain,
um, that's convincing to them.
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So I'm seeing that happen in real time.
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The other aspect of it is working again with our management committee and our financial
folks to make sure that we understand how we can deal with an alternative fee arrangement.
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And that's why we developed a policy document that tries to identify the various
categories of AFAs between hybrid agreements, know, pure retainers as a whole universe of
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AFAs that are out there.
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And trying to find the right one for the director and also for their client is a big part
of it.
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And, that relationship is so important, right?
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So you don't want to put somebody in position where they're trying an AI tool and an
alternative fear arrangement with a client, and then they end up getting burned, right?
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That's just not appropriate.
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So it has to be dealt with very carefully and,
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You know, have to do a fair amount of work to put in place the infrastructure on the
compensation side and also to educate and bring your partners along.
139
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Hey, this is, this is really kind of where this is going.
140
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So the earlier we engage on it, the better off we are all going to be.
141
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So, and then how do you mitigate risks more broadly?
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if a client, if you head down the AFA path with an important client relationship, um I
mean, there's all sorts of risks.
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It's not just financial risks to the firm.
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It's potentially quality of deliverables to the client.
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um How do you guys think about and manage risks?
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more broadly when you're deploying AFAs with these important client relationships.
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Yeah, I mean, that's something that requires a conversation between, uh, you know, the
attorney who has a relationship and the client that, we have these tools.
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We think these tools can solve these problems for you.
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Um, let's do a proof of concept.
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Right?
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So I think this is probably the easiest way to mitigate the risk is just being honest with
your client, having a real discussion that, Hey, we're going to try this.
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We think this can work.
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what is interesting about it is what, and what we're seeing is that
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There are things that we can do for clients that would be very helpful to them that they
previously would not have come to us for because we were too expensive by the hour.
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ah But they may be upstream or downstream from our normal legal services, but they're very
relevant and related to our normal legal services.
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uh things that perhaps a client would have been doing internally, but maybe not doing so
well.
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Um, we now can offer them some services using these AI tools.
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So a big part of it is really just having an open conversation with the client about, you
know, their business, their workflows and how our workflow is their attorney interacts
159
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with that workflow and seeing if there are some additional value add, you know, uh,
services that we can provide using these tools to them, uh, around that.
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So mitigating the risk is really just trying to understand what your client's needs are
and, and having a little bit of more of an objective view.
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Um, rather than just a narrow view of these illegal services we provide you, and this is
all we're going to look at.
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Let's try to look at a more holistic view of the workflow before we get the product and
afterwards, you know, how do we actually mitigate risk for your business using the tools
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that we have in our legal services?
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So I looked up some stats.
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It's been a while, so I might get this wrong.
166
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So nobody, nobody hold me to these numbers, but I looked up some stats a few months ago
about law firm leadership demographics.
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00:12:50,747 --> 00:13:01,202
And if I remember correctly, it was a very high percentage of the executive committee
demographics skewed.
168
00:13:01,308 --> 00:13:14,692
older like 55 plus which is no surprise right i mean it's usually you're more senior
senior leaders in the organization which is interesting because the most mckenzie did a
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study um based on age cohorts on the um the age um brackets that were most comfortable
with gen ai
170
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And the most comfortable are millennials, right?
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So it's hard to believe, but millennials are, mean, that generation started, I don't know,
early eighties, I think it was maybe 82.
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00:13:40,520 --> 00:13:44,480
Um, so that's almost, they're 43 now, which is crazy.
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Like they're in their mid forties, but that slice of, um, that are that cohort is most
comfortable with Gen AI.
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00:13:52,240 --> 00:13:58,251
And when you're talking about pushing out a very disruptive technology,
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You really have to set tone at the top, right?
176
00:14:01,332 --> 00:14:08,713
And those at the top are going to be, they are least comfortable with, with gen AI as a
group, right?
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00:14:08,713 --> 00:14:11,154
So there's plenty of exceptions to that.
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And maybe, maybe your leadership team is different, but as a group.
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So how, how do you guys, how do we do that?
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How do we do both things?
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Right?
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00:14:21,947 --> 00:14:27,948
Like it's important for leaders to understand the transformative nature.
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of the technology and be comfortable with it to really push it down to the masses.
184
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But those law firm leadership skews much older than um more broadly.
185
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Overall, if you look across industries, it's seniority based, right?
186
00:14:46,274 --> 00:14:51,758
So leaders have been with the organization longer, they tend to be older, but it skews
higher in legal.
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So how do you guys think about setting the tone at the top?
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when sometimes the people at the top are the least comfortable with the tech.
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Yeah, I mean, I think that is definitely a management committee issue, right?
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And I think our manager committee has addressed it by being very
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Intentional with regard to the directors meetings that we have every month, uh, making
sure to educate the directors about AI and where it's going and what it's doing.
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We've had some really interesting directors meetings along those lines and then having
breakout sessions where people can talk about it, but also during the annual retreat, uh,
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you know, we just had our annual retreat at the end of may, uh, in San Diego.
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And it was mostly about AI and the speakers we invited.
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We had Richard Susskind come the year before.
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uh
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in our retreat in Nevada, which was great listening to him talk about his book, Tomorrow's
Lawyers.
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And it's that kind of intentional messaging from the management committee that they think
has really broken through with that older demographic.
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And you're right.
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mean, look, from their perspective, they are for the most part making a very good living
doing things the way that they've been doing them for a long time.
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And their horizon is a little shorter than the rest of us in terms of where they are for
retirement.
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So
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It's not as big of an incentive for them to move into exploring something new.
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But yeah, I mean, we had a very good business of finance practice meeting today and a
number of the folks who were, you know, asking questions of the AI vendor that was
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demonstrating, you know, the product were interested and they were older, you know, and
they were interested in, and they can see the value in it when.
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And really, I think that's where the proof is in the pudding, right?
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When you can show a lawyer, hey, this is going to get you to a 90 % draft much faster, and
it's going to improve your work product, whatever age they're at, if they can see it with
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their own eyes, it's going to be convincing.
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And that's what we're finally starting to see now.
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It's really starting to break through.
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the proof is in the pudding, I guess.
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you know, these lawyers who've been around for a long time, they'll know when they see an
AI product that's actually working versus one that's just...
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uh
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You know, flashbang and noise, nothing really happening, but the ones that we're
demonstrating right now are really getting some traction with these folks and they're
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interested and they're willing to take the training that we require to use them.
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So that tells you a lot right there.
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Yeah, you mentioned like 20 to 80 % efficiency gains on specific legal tasks, which is
incredible.
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can you give some examples?
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Like what sort of tasks?
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Are there any common themes across those tasks?
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Yeah.
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I mean, I think if you look at litigation, you know, lot of the different components of
litigation, you can break them down.
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Like if we look at, different AI tools that can take and chronology, create a chronology
of events and facts and fact patterns, there's a lot of work that goes into that.
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And there's still going to need to be a lot of work in terms of oversight on how you put
those things together.
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Um, but it can be done a lot more efficiently using a very good and vetted AI program.
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Uh, the same thing is true with contracts and transactional
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work that I do and with our &A group, especially, um, on due diligence, you know, there's
a lot of things that AI can really do very quickly to help surface issues that are very
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important.
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Like, Hey, where are the liquidated damages clauses here in these contracts?
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Um, and also helping you generate language that is going to work for a very specific
situation.
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I mean, the reality is for most lawyers, you know, in our amlock 200, ranks here.
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the work that we do is very custom.
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I mean, I know that's probably not as custom as we like to think it is, but all of us
think of our own language as being very, very important.
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so what's important for us is to understand where we can get those efficiencies and how we
can use AI to put our own spin on it and customize it for the work that we do for our
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clients using our.
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best templates and our best phrases and clauses that we've created over the years.
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And that's, you know, one of the exciting things we're starting to see now is that we can
start to create those kinds of customizations for lawyers.
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And that's, uh, that's very exciting because that that's really, think one of things
that's kept a lot of people from being engaged because you know, they have their own
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specific languages and processes they like to use.
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Uh, and so
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Giving them tools now that can help them implement that is really exciting part of the
growth that we're seeing.
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And then last time you and I talked, you had mentioned that you guys um were thinking
about like playbooks for standardized work or you know, like stock purchase agreements and
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NDAs.
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don't, I mean, I never sent NDAs to lawyers anyway, but I run them through my GPT or one
of the models now and I have our standard MNDA and ask for what's different.
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And it works.
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It works great.
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It's low risk, but you know, stock purchase agreement, lease reviews.
248
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Um, my wife and I own five gyms here in St.
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Louis and we moved once we've had to sign six commercial leases and you know, we avoided
lawyers until the last minute.
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Like, so it be me and my broker hashing out.
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Cause we, you know, um, I mean, I think I'm
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certified by the jailhouse bar, right?
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I could be jailhouse lawyer.
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um I've read enough legal documents.
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So we would get it to maybe inside the 20 yard line and then bring a lawyer in to kind of
finalize it.
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But it seems like there's tremendous opportunity.
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Like what are your thoughts on like creating playbooks around some of that standardized
work?
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Yeah, absolutely.
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think playbooks are going to be great, especially for quality control.
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And I think, you know, this is probably not something that's talked about very much, but I
think playbooks are going to be very helpful for young attorneys and associates because
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the playbooks we're creating are from experienced attorneys templates.
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And they're the ones who are creating the playbooks, right?
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We don't have associates creating playbooks, but when the playbook is run,
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The program can show the attorney like, here's why we're changing this provision, right?
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It gives the rationale and the language and
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I don't know about other attorneys who, who are out there, but for me, as an associate
coming up, I had some good mentors for sure on how to do things, how to not do things.
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You know, you pay attention and you learn those things, but having somebody sit down and
walk through a contract with you like that, you know, clause by clause and show you, this
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is why we're redlining.
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It didn't really happen.
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And now I think it's possible for a young associate to get that kind of training and
education.
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You know, if they're paying attention and wish they are, I mean, all the associates we
bring on are great.
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great attorneys, they're going to be great attorneys, they need some experience, right?
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And so having the tools in the playbook to help educate and train attorneys in real time
when they're creating that first draft for the director to look at, I think it's a
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valuable resource and I think it's something that's going to help them in their career.
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uh
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And so, yeah, I mean, think that playbooks are going to be very important.
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And again, playbooks that are customized based on the specific needs of the attorney who
has that client relationship.
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And I'm sure, you know, attorneys out there will recognize that you can have 10 attorneys
all in the same practice group working on the same type of document, but they're going to
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want to draft it a little bit differently, right?
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Because everybody has their own language.
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And to some extent, attorneys are more like artists than they are, you know, engineers,
right?
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So.
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They might all get to the same place at end of the day, but they're going to want to get
there perhaps using some different language.
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And so we have to be able to give them the tools that allow them to customize it the way
that they want and the way their client expects it as well.
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Yeah.
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What are your thoughts on that?
287
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So, you know, today legal is very bespoke, right?
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It's Etsy, not Amazon.
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And, you know, the reality is as we build these tech enabled legal service delivery
machines, how much opportunity and really how much appetite is there in the marketplace
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for more of that bespoke, Hey, I really like this language.
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versus the standard out of the playbook.
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Like that's something that I've always struggled with because I've worked with a lot of
lawyers.
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I've been an entrepreneur for 32 years and had lots of lawyers with differing philosophies
about things.
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And I've gotten advice to do it one way and then taking that document, change law firms
and hand it to another one.
295
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They're like, yeah, absolutely not.
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Yeah.
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How much opportunity for standardization is there?
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in legal do you think?
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Yeah.
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mean, I guess the lawyer, the answer is it depends, right?
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And I think it depends on the market segment you're talking about.
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So for the most part, the MLOT 200 is serving a very narrow section of the general
population, right?
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And for most of the clients that we have, they trust us individually and as a firm to take
care of them.
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And they're willing to spend their resource, their money to have us spend our time getting
it right.
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And so I think to some extent that market's always going to be there for customized,
bespoke legal work.
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But as we know, there is a humongous market of small and medium sized businesses out there
that typically won't come to a Fentimore or another Amlock 200 firm for legal services.
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And for those clients, there probably is going to be a market open up for them of more
standardized.
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agreements and uh legal services at scale that's different than what legal zoom offers
right now and is different than what fenimore offers our current clients but there's i
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think a huge latent legal market in between those two you know brackets and i think this
technology is going to unlock it and you know we're certainly paying attention to that as
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well
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Yeah, I've been kind of running an experiment over the last, since close to the beginning
of the year where I have been running almost everything.
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I can't even think of any exceptions to this right now.
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Every piece of legal work product that crosses my desk, I run through AI now.
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And um for a variety of different reasons.
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Some of it is pure testing, like...
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Um, I've mentioned it on the podcast before we hired a, uh, employee away from another,
uh, from a competitor and they had some non-compete language and we wanted to make sure
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that we steered clear of, um, encroaching on that.
318
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So we engaged a labor and employment attorney.
319
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asked him a big, long set of questions.
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I wrote down the answers and then I went to AI and I asked all the same questions and you
know what?
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the answers were almost identical um with very few exceptions.
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um We have a 409A program here that's like a shadow equity incentive program.
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I ran that through AI.
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It did a fantastic job risk ranking all my risks.
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were redoing our operating agreement.
326
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We just converted or we took a C-corp election that had to be reflected in the operating
agreement.
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I had it go through and highlight risks.
328
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I mean, absolutely fantastic.
329
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And it did better in most cases than any lawyer has ever done explaining to me.
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Well, first of all, risk ranking, inventorying the risks, risk ranking them based on
impact, and then also kind of like a likelihood of occurrence, and then helping role play
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where specific provisions might manifest themselves and what the economic impact of that
would be.
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So it's not that a lawyer was, isn't capable of doing that.
333
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They are, but to put it in that nice, neat, orderly, it would, you'd end up paying $30,000
just for all the admin work necessary to do that.
334
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And I got it done in, you know, 30 seconds, um, using grok four.
335
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So, um, I have been absolutely shocked at how good AI is at doing so many legal tasks now
for
336
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For high risk stuff, my attorneys always do the final.
337
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The docs always get finalized by my legal team.
338
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But man, it has been an eye opener just seeing how good AI is at this stuff.
339
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Do you have the same perspective?
340
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Yeah.
341
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I mean, and it's getting better all the time.
342
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I that's the thing that's really surprising to me, especially with the vendors we're
working with, where they're continuing to add new features and, um, it's yeah, it's, it's
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phenomenal.
344
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And I think there are threats to the traditional legal business model in a number of ways.
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One is just the technology itself.
346
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Like you're pointing out more and more people can just go and use the technology and they
might be satisfied with that.
347
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Now, obviously there's some danger to that and you're smart to go back to your attorneys
and have them review the final, but, um,
348
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The technology is definitely a threat.
349
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And then of course, our current competitors who are learning how to use AI as well, that
that's a real threat.
350
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Um, and then you have, you know, for example, I think it was the summer Y Combinator made
a call for founders to come in and start a full stack AI law firm.
351
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So, you know, we have new entrants coming into the market that aren't our traditional
competitors that are going to be using this technology in different ways.
352
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Um, you have the alternative business structure licenses and other things that can
potentially combine legal services and technology in ways that hasn't been done before.
353
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Uh, so the traditional legal model is definitely under a lot of pressure.
354
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There are a lot of threats from different areas.
355
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So it's very important for us to be aware of that.
356
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I'm hopeful because I just think that.
357
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you know, there are going to be increasing demands from our existing clients for legal
services.
358
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I see opportunities for us to provide additional services to our clients that are, you
know, related to the traditional services we provide them.
359
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And I think we can get after additional client bases that, know, before now may not have
come to us either down market or up market.
360
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because we can use these tools effectively and because we're putting in the time in a
disciplined way to understand how to use this technology.
361
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So I'm bullish, but at the same time, you know, hearing you talk about your use of AI, I
know there are a lot of clients that are doing the same thing and they're sending us, you
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know, a product that they've already run through their AI tools and
363
00:29:31,806 --> 00:29:40,624
And so it is just part of the fabric now, I think, of providing legal services that you
need to understand that this is a movement that's happening where the technology is going
364
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to be a threat to your business if you're not embracing it already.
365
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And you guys are headquartered in a state that's pioneering kind of the modified model
rule 5.4 with allowing non-legal ownership in the form of alternative business structures.
366
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And there are entrants making their way into that market.
367
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uh There is about um a 4,000 employee
368
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tax and advisory firm called Aprio that I don't know if they have, I think they have a
joint venture with a small 50 attorney law firm called Radix Law and they created Aprio
369
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Law.
370
00:30:25,321 --> 00:30:37,081
That was newsworthy, the real, mean, KPMG also was granted rights to stand up in ABS.
371
00:30:37,341 --> 00:30:50,233
which I think is extremely interesting given their size and scale, 36,000 employees, 40
plus billion dollars in, no, I'm sorry, 36, they have like 275,000 employees, um 40
372
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billion in revenue and that's probably a dated number, they're probably higher now.
373
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A global presence, DNA that has really adopted the innovation ethos
374
00:31:06,821 --> 00:31:15,643
And 4,000 lawyers, if you stood those lawyers out on their own, they'd probably be an
Amlaw 10 law firm.
375
00:31:16,104 --> 00:31:28,887
And I look at that and I'm like, man, these guys are going to be competing with some of
these law firms that have really under invested in technology, are resistant to change,
376
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are risk avoidant, have consensus driven decision making.
377
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governance models and XCOM members with short retirement horizons that are in lateral
mobility, firm to firm, all of this adds up to what's gonna happen?
378
00:31:51,550 --> 00:32:01,429
How do you see this thing playing out as more, and that's still, I and I just wanna be
clear, I'm not saying law firms are.
379
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are going away.
380
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don't think that at all.
381
00:32:03,221 --> 00:32:10,079
The bet the farm stuff is still going to law firms for the foreseeable future, maybe
forever.
382
00:32:10,079 --> 00:32:18,588
But there's a lot of blocking and tackling work out there too, that I could see KPMG
making a really strong uh pitch for.
383
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So I don't know.
384
00:32:19,770 --> 00:32:23,113
How do you see the whole ABS thing?
385
00:32:24,014 --> 00:32:24,314
Yeah.
386
00:32:24,314 --> 00:32:25,434
I mean, look, it's exciting.
387
00:32:25,434 --> 00:32:33,854
And, know, I'm happy to say that our firm was one of, I think the few, if not the only
larger firm in Phoenix that didn't sign a petition to try to stop the Arizona state
388
00:32:33,854 --> 00:32:36,594
Supreme Court from putting the ABS in place.
389
00:32:36,594 --> 00:32:45,214
And we actually had one of the judiciary come in and talk to us about, you know, why it
was set up and the whole reason for it to be set up in the first place was really an
390
00:32:45,214 --> 00:32:46,434
access to justice issue.
391
00:32:46,434 --> 00:32:49,334
You know, it wasn't necessarily for KPMG to make more money.
392
00:32:49,334 --> 00:32:54,028
was to give, you know, regular citizens more access to legal services with the idea that
393
00:32:54,028 --> 00:33:00,311
technology would enable legal services to be delivered at a lower price point, which I
think is correct.
394
00:33:00,391 --> 00:33:10,476
And I do think that's probably going to be the net effect and that impact of ABS entities
is that they are going to be able to use technology and different business model
395
00:33:10,476 --> 00:33:21,762
structures rather than the partnership structure and billable hours to generate revenue in
a way that is going to make the legal services much less expensive to receive.
396
00:33:22,068 --> 00:33:32,275
And I'm also bullish that the demand for legal services is going to continue to increase
because I do think that there are a lot of people out there who have unmet legal needs.
397
00:33:32,275 --> 00:33:36,654
I think even our existing clients uh for the most part have
398
00:33:36,654 --> 00:33:43,454
things that they would probably prefer that we do for them, but that we've just been too
expensive to do them for them in the past.
399
00:33:43,454 --> 00:33:52,214
And now, you know, with this technology and with us having a real honest conversation with
them, I think we can expand a little bit our footprint and maybe change some of the
400
00:33:52,214 --> 00:33:54,074
pricing into alternative fee arrangements.
401
00:33:54,074 --> 00:33:56,354
do think AFAs will take off.
402
00:33:56,354 --> 00:33:57,854
I just don't know when.
403
00:33:57,854 --> 00:34:03,394
I think, um, there's a tremendous amount of hype and pressure around putting them forward
for good reason.
404
00:34:03,454 --> 00:34:04,194
Um,
405
00:34:04,194 --> 00:34:14,721
But the, you know, the broad scale implementation of AFAs and departure from billable
hours, I don't know that ever fully happened because, you know, in some instances, the
406
00:34:14,721 --> 00:34:16,814
client's getting a great deal if they can pay.
407
00:34:16,814 --> 00:34:22,854
By the hour for advice that will literally save them millions of dollars, which happens
pretty regularly.
408
00:34:22,854 --> 00:34:23,874
Then they're going to do that.
409
00:34:23,874 --> 00:34:24,634
Right.
410
00:34:24,634 --> 00:34:27,734
But there are workflows and specific legal services.
411
00:34:27,734 --> 00:34:31,054
I think that, that, you know, are good fits for AFAs.
412
00:34:31,054 --> 00:34:40,014
And so it might be, you know, six months from now, it could be six years, who knows, but,
uh, we as lawyers have to be thinking this way because there are a lot of problems for us
413
00:34:40,014 --> 00:34:43,404
to solve just to get into position to provide.
414
00:34:43,404 --> 00:34:47,181
clients with legal services that are not based on a billable hour.
415
00:34:47,181 --> 00:34:54,474
So fair amount of work that we have to do to change our mindset and our internal
compensation structures to get ready for that.
416
00:34:54,476 --> 00:35:06,915
Yeah, I think it's actually pretty short-sighted for law firms and lawyers to oppose this
ABS um model rolling out.
417
00:35:06,915 --> 00:35:12,319
I actually believe that lawyers are going to be the ones advocating for it soon.
418
00:35:12,319 --> 00:35:18,603
And the reason is because there are a number of benefits that it creates.
419
00:35:18,603 --> 00:35:23,064
First, it creates a whole new access to capital.
420
00:35:23,064 --> 00:35:26,455
that didn't exist before, which really wasn't necessary.
421
00:35:26,455 --> 00:35:32,038
Scaling a professional services team, you need some money for working capital, right?
422
00:35:32,038 --> 00:35:40,081
There's a pretty big delay from an hour that you work on January 1st that doesn't get
invoiced until February 15th.
423
00:35:40,081 --> 00:35:43,762
It doesn't get collected until March 15th, if you're lucky.
424
00:35:44,203 --> 00:35:45,924
And you may only collect half that.
425
00:35:45,924 --> 00:35:48,615
there's capital needs there, right?
426
00:35:48,615 --> 00:35:51,846
But um in terms of doing R &D,
427
00:35:52,045 --> 00:36:04,040
which I think law firms are gonna have to do because uh I don't think that buying off the
shelf tools is going to create enough differentiation ah because again, competitors can do
428
00:36:04,040 --> 00:36:04,160
it.
429
00:36:04,160 --> 00:36:07,702
So how are firms gonna differentiate themselves?
430
00:36:07,702 --> 00:36:17,306
They've historically done that with their brand, with the wins, the high profile wins,
with the big name attorneys that they've got that have had the high profile cases.
431
00:36:17,440 --> 00:36:21,241
And that's still going to be a factor, but technology is also going to be a factor.
432
00:36:21,241 --> 00:36:23,512
And that has not been a factor before.
433
00:36:23,552 --> 00:36:28,013
And how are they going to deploy on that without capital?
434
00:36:28,013 --> 00:36:29,763
Well, this opens up a whole new avenue.
435
00:36:29,763 --> 00:36:32,434
I don't know what, what.
436
00:36:32,434 --> 00:36:40,696
And so, and I think over time that lawyers are going to realize that, that they have to,
they're going to have to, the rules of the game have changed.
437
00:36:40,696 --> 00:36:46,754
And if they want to compete, they're going to have to make investments and how do they
fund those investments?
438
00:36:46,754 --> 00:36:48,598
Well, ABS is a good model.
439
00:36:48,598 --> 00:36:57,888
Do you think that mindset, that anti-ABS mindset is too well entrenched to move, or could
you see it moving?
440
00:36:58,894 --> 00:36:59,274
Yeah.
441
00:36:59,274 --> 00:37:03,154
I mean, you see some state legislatures introducing legislation, try to block.
442
00:37:03,154 --> 00:37:09,454
think California has some legislation right now that they're potentially going to block
out of state ABS is from practicing there if that moves forward.
443
00:37:09,454 --> 00:37:15,954
But I agree with you a hundred percent on your premise, which is, you know, the
differentiation is going to be where the strategic advantage comes in, right?
444
00:37:15,954 --> 00:37:21,234
You want an asymmetric advantage and you're not going to get that if you're just buying
the same license that everybody else has.
445
00:37:21,548 --> 00:37:24,941
If everybody has Harvey, there's not a whole lot of differentiation there, right?
446
00:37:24,941 --> 00:37:38,662
But if you're doing both, if you're buying licenses for things that you can use and your
clients want, um, and you're building on top of your own data set and, your own unique
447
00:37:38,662 --> 00:37:39,512
advantages, right?
448
00:37:39,512 --> 00:37:46,574
think every firm has some unique advantages in terms of practice areas, geographic
locations, their market fit.
449
00:37:46,574 --> 00:37:57,674
The clients are going after, you know, there's some unique characteristics to probably
every firm that's in the amlot 200, but how they utilize this technology and where they
450
00:37:57,674 --> 00:38:03,894
choose to build and where they choose to buy is going to make a big difference on how
effective they are downrange.
451
00:38:03,894 --> 00:38:06,354
And I think, you know, you're right.
452
00:38:06,354 --> 00:38:14,574
Getting outside capital is going to be extremely helpful, especially as you start to see
these IT expenditures go up and up and up, right?
453
00:38:14,574 --> 00:38:15,438
Because.
454
00:38:15,438 --> 00:38:23,138
When the partner starts spending 10 % of the revenue on IT, it's going to make it a very
uncomfortable conversation come bonus time.
455
00:38:23,138 --> 00:38:23,698
Right.
456
00:38:23,698 --> 00:38:34,758
But if you can do it with outside capital and you can mitigate your risk and you can
potentially, you know, get some multiple of your revenue in terms of valuation, the idea
457
00:38:34,758 --> 00:38:39,318
of owning equity and ABS is very different than the idea of owning equity in a
partnership.
458
00:38:39,318 --> 00:38:39,978
Right.
459
00:38:39,978 --> 00:38:40,462
So
460
00:38:40,462 --> 00:38:45,987
um So there are very interesting economics and business models to look at.
461
00:38:46,789 --> 00:38:55,577
And it's not clear, you know, what the timeframe for all this change is going to be, but I
think it is clear that there's going to be some massive change in terms of the way that
462
00:38:55,598 --> 00:38:59,221
law firms as businesses are run in the next five to 10 years.
463
00:38:59,266 --> 00:38:59,496
Yeah.
464
00:38:59,496 --> 00:39:09,790
And the governance model too, my listeners have probably heard me talk ad nauseam at this
point about just the lack of governance in law firms.
465
00:39:09,790 --> 00:39:15,713
you know, I came from, spent 10 years in financial services, very highly regulated
industry.
466
00:39:15,713 --> 00:39:19,915
And I was primarily in uh risk management roles.
467
00:39:19,915 --> 00:39:25,267
So that's kind of second line of defense, you know, in, in financial services that we say
we have four lines of defense.
468
00:39:25,267 --> 00:39:28,290
First line of defense is the business unit, right?
469
00:39:28,290 --> 00:39:35,875
the commercial bank, the consumer bank, could be wealth management.
470
00:39:35,875 --> 00:39:39,108
They have controls to mitigate risk in that line of business.
471
00:39:39,108 --> 00:39:43,951
Then you have a risk management partner that's aligned specifically to with each line of
business.
472
00:39:43,951 --> 00:39:45,622
That's your second line of defense.
473
00:39:45,622 --> 00:39:48,864
Then you have third line of defense, which is corporate audit.
474
00:39:49,465 --> 00:39:57,077
And then you have your fourth line of defense, which is the Wall Street Journal, which is
where you end up if the first three fail and
475
00:39:57,077 --> 00:40:00,449
Law firms have one line of defense, right?
476
00:40:00,449 --> 00:40:13,956
I've yet to see a law firm with an internal audit and risk management partners and an
audit committee and a uh board of directors that holds everybody accountable.
477
00:40:13,956 --> 00:40:15,817
It's just a different model.
478
00:40:15,817 --> 00:40:27,052
So I think for firms to scale beyond single digit billions, think a different business
model or corporate structure
479
00:40:27,052 --> 00:40:29,622
governance model is going to be needed.
480
00:40:29,622 --> 00:40:31,338
I don't know if have any thoughts on that.
481
00:40:32,556 --> 00:40:33,116
Yeah, I do.
482
00:40:33,116 --> 00:40:39,168
And I think you can see, you know, there have been a lot of examples of law firms spinning
out subsidiary ALSPs, right?
483
00:40:39,168 --> 00:40:44,062
I'll turn to legal service provider units that have done specific things, maybe point
solutions in particular areas.
484
00:40:44,062 --> 00:40:47,735
And I do think that makes a lot of sense going forward as well.
485
00:40:47,735 --> 00:40:56,029
I think you're right that, you know, the traditional law firm is not really well
structured at the moment to take advantage of all the opportunities that are out there.
486
00:40:56,029 --> 00:41:01,080
But I think with the right focus and discipline around.
487
00:41:01,080 --> 00:41:02,861
you how do we explore these business models?
488
00:41:02,861 --> 00:41:11,096
What are some opportunities we can, you know, seize out here and how can we look at this
more from a private equity or venture capital perspective?
489
00:41:11,096 --> 00:41:18,060
uh It really comes down to just being a little more objective about, you know, what the
clients want, right?
490
00:41:18,060 --> 00:41:19,821
And they need specific legal services.
491
00:41:19,821 --> 00:41:23,773
Do they really care how long it took you to deliver those services?
492
00:41:23,773 --> 00:41:25,204
Probably not, right?
493
00:41:25,204 --> 00:41:28,504
uh There's a certain value you're delivering.
494
00:41:28,504 --> 00:41:32,007
how you do that is really the question we're trying to answer here.
495
00:41:32,007 --> 00:41:36,100
Like, should we continue to do it the same way we've been doing it for the last 50 years?
496
00:41:36,100 --> 00:41:37,831
Probably not, right?
497
00:41:37,831 --> 00:41:44,286
In most cases, we should probably look at, there some tools that might make us a little
more efficient or just make the product better, right?
498
00:41:44,286 --> 00:41:47,868
ah And so that's really where we're coming down.
499
00:41:47,868 --> 00:41:49,949
But I think you're right.
500
00:41:50,330 --> 00:41:55,914
the business model of a law firm just has not included a lot of governance uh per se.
501
00:41:56,394 --> 00:41:59,497
Except I will say that lawyers are generally very, very conservative.
502
00:41:59,497 --> 00:42:02,259
And so, you know, they don't take a lot of risk.
503
00:42:02,259 --> 00:42:09,595
So for the most part, that's been good to allow us to survive and not go extinct as a
business model.
504
00:42:09,595 --> 00:42:13,037
You know, we've been able to preserve our own businesses for the most part.
505
00:42:13,037 --> 00:42:21,214
And I think uh it is, you know, it's a good attribute, but it's also probably something
that's keeping a lot of law firms from innovating the way they probably should be at the
506
00:42:21,214 --> 00:42:22,024
moment.
507
00:42:22,208 --> 00:42:26,399
Yeah, lawyers are risk avoidant.
508
00:42:26,399 --> 00:42:34,642
And that's good when you're lacking layers of protection between you and the Wall Street
Journal.
509
00:42:34,642 --> 00:42:47,485
But um I think in order to scale, to have Fortune 500 level scale, I'm not sure that the
current law firm partnership model is the right path.
510
00:42:49,818 --> 00:42:51,064
What about
511
00:42:51,064 --> 00:42:55,576
You know, we're almost out of time, but I did want to balance one thing off of you.
512
00:42:55,576 --> 00:43:07,921
And that is like, how do firms think about, how should they think about balancing the
protection of the firm's reputation, which as we just talked about, that's like number one
513
00:43:07,921 --> 00:43:11,763
on the differentiation list is the brand, right?
514
00:43:11,763 --> 00:43:17,565
Versus the need to make bold moves in technology adoption, because it does come with risk.
515
00:43:17,565 --> 00:43:20,246
So I don't know, how do you think about it?
516
00:43:20,574 --> 00:43:25,777
What do you think are best practices around that thought process?
517
00:43:27,310 --> 00:43:27,550
Yeah.
518
00:43:27,550 --> 00:43:35,730
I mean, I think to protect your clients, first of all, you have to develop a good due
diligence capability so that you can filter out the noise from the signal in terms of what
519
00:43:35,730 --> 00:43:37,270
the vendors are offering you, right?
520
00:43:37,270 --> 00:43:40,690
Make sure your client's data is safe.
521
00:43:40,690 --> 00:43:43,310
That's fundamentally a requirement, ethical requirements.
522
00:43:43,310 --> 00:43:53,610
So making sure you have those pieces, you know, built in place first so you can screen out
bad actors and you can really just work with the best of the best in terms of legal tech
523
00:43:53,610 --> 00:43:54,572
providers.
524
00:43:54,572 --> 00:43:58,586
And then trying to find legal tech providers that will actually work with you and listen
to you.
525
00:43:58,586 --> 00:44:01,890
Um, what you don't want to do is just get a sales person.
526
00:44:01,890 --> 00:44:07,236
You want somebody who's actually going to take your feedback and maybe go back to the
engineering team and say, Hey, they need X, Y, and Z.
527
00:44:07,236 --> 00:44:07,897
Can we do this?
528
00:44:07,897 --> 00:44:09,488
And then, yes, they can.
529
00:44:09,488 --> 00:44:15,515
and so, like I said, the relationships we have right now, we've been talking to these
vendors for two years and they've been great to work with.
530
00:44:15,515 --> 00:44:16,605
And I think,
531
00:44:16,908 --> 00:44:17,778
That's what you need.
532
00:44:17,778 --> 00:44:23,201
You need a vendor that is going to listen to you and then it's going to be reactive to
your needs and your clients needs.
533
00:44:23,201 --> 00:44:27,193
So due diligence, reactive, good vendor that you can work with somebody you can trust.
534
00:44:27,193 --> 00:44:32,966
And then, you know, find some use cases where you can actually get some return on
investment, or at least you see.
535
00:44:33,006 --> 00:44:39,606
the light at the end of the tunnel where you can get some return on this investment
because without that, you're going to have a difficult time selling it to your partners
536
00:44:39,606 --> 00:44:47,326
that, we need to go back and get some more money to pay for this legal tech, especially if
it's not going to make any money anytime soon.
537
00:44:48,094 --> 00:44:54,237
Having a clear discipline process on how you're going to get to a return on investment is
super important.
538
00:44:54,237 --> 00:45:00,360
So I think that's probably the final piece, just making sure you have the right use case
and the right clients and the right practice area.
539
00:45:00,360 --> 00:45:08,724
You're going to actually try to do some proof of concept and take some measurements in
terms of how much time you actually spent versus how much time you would have spent
540
00:45:08,724 --> 00:45:10,144
without the tools.
541
00:45:10,324 --> 00:45:13,686
And look, in that process, you're going to end up spending more time, right?
542
00:45:13,686 --> 00:45:17,978
Because you need to do it the traditional way and you need to test it in the new way.
543
00:45:17,978 --> 00:45:20,270
So it is actually going to be more time committed.
544
00:45:20,270 --> 00:45:30,889
But if you're clear on the goal that, at the end of the day, if we can get this right, we
can actually deliver this service to our client and it's less expensive.
545
00:45:30,889 --> 00:45:31,490
It's faster.
546
00:45:31,490 --> 00:45:32,781
It's better product.
547
00:45:32,781 --> 00:45:34,923
Then it's worthwhile going through that process.
548
00:45:34,923 --> 00:45:38,317
So I guess those would be the three steps I would prescribe.
549
00:45:38,317 --> 00:45:46,515
Yeah, and what tech initiative doesn't require more investment in time than the status
quo?
550
00:45:46,515 --> 00:45:48,917
I'd argue all of them do, right?
551
00:45:48,917 --> 00:46:00,547
If you get a new CRM with new capabilities, you're going to have to invest time in finding
a migration path to customize the new system.
552
00:46:00,768 --> 00:46:03,660
It's a time investment.
553
00:46:03,754 --> 00:46:07,557
no matter what sort of tech change you're implementing.
554
00:46:07,557 --> 00:46:20,046
And man, your point is really solid about finding the vendors who listen because, you
know, that's where, you know, we compete with the big boys, like on the, on the legal
555
00:46:20,046 --> 00:46:30,714
internet side, they're not much competition anymore, but it was Handshake that was bought
by Adorant, very big company, not, not really a strategic, um,
556
00:46:32,504 --> 00:46:34,914
platform in their broader portfolio.
557
00:46:34,914 --> 00:46:43,560
Uh, and then on the extra net side, compete with IQ that's owned by Thompson Reuters,
which, know, they are another really big organization.
558
00:46:43,560 --> 00:46:47,552
And, um, we are differentiating ourselves.
559
00:46:47,552 --> 00:46:58,878
The, the market has really expressed strong interest for alternatives and we're raising
our hand and saying, Hey, we're here and we have a client advisory panel and we'd love you
560
00:46:58,878 --> 00:47:02,560
to participate and help us guide the roadmap.
561
00:47:02,612 --> 00:47:05,124
And man, that has been such a successful partnership.
562
00:47:05,124 --> 00:47:14,611
We've, we have had, especially on the extranet side, which is newer, our internet platform
is very well established, like quarter of the AMLAL use us.
563
00:47:14,611 --> 00:47:16,032
We're only three and a half years old.
564
00:47:16,032 --> 00:47:23,737
So we've had tremendous traction in that space, but on the extranet side, it took another
two and a half years of R and D to get that right.
565
00:47:23,737 --> 00:47:25,318
Because it's so much more high risk.
566
00:47:25,318 --> 00:47:30,314
It's client facing, like you have to make sure that governance and
567
00:47:30,314 --> 00:47:38,660
security controls, provisioning, all these things are really tightly managed and um our
customers feel the difference.
568
00:47:38,660 --> 00:47:47,926
uh I would echo your sentiments about find a vendor who wants to listen to what you have
to say because it makes a huge difference.
569
00:47:49,100 --> 00:47:49,370
Yeah.
570
00:47:49,370 --> 00:47:52,563
I mean, ultimately they're like a legal partner in some ways, right?
571
00:47:52,563 --> 00:48:00,238
I know we're not supposed to say that on ethical rules, but the reality is that if you're
relying on them for legal services or for, for services that are going to be a part and
572
00:48:00,238 --> 00:48:05,542
parcel of your legal services, you need to be very comfortable that they are actually
paying attention to what you need.
573
00:48:05,542 --> 00:48:12,337
And there's, there's a good working relationship there, just like you'd want to have with
any professional services provider that you're working with, right?
574
00:48:12,337 --> 00:48:14,619
You want to make sure that there was a good relationship there.
575
00:48:14,619 --> 00:48:16,864
You're communicating well, you know, just
576
00:48:16,864 --> 00:48:19,575
important pieces of any good relationship.
577
00:48:19,575 --> 00:48:21,646
yeah, I think that's, that's been hugely important.
578
00:48:21,646 --> 00:48:30,171
I think it helps, uh, you be much more successful or mitigate your risks, at least if you
have a good partner who you can communicate with and who's listening to you as you're
579
00:48:30,171 --> 00:48:31,051
communicating with them.
580
00:48:31,051 --> 00:48:32,834
So yeah, super important.
581
00:48:32,834 --> 00:48:33,555
Totally.
582
00:48:33,555 --> 00:48:35,175
Well, this has been a great conversation.
583
00:48:35,175 --> 00:48:38,718
really appreciate you spending a few minutes with us today.
584
00:48:38,718 --> 00:48:44,141
How do people find out more about Fenimore Labs or you or do have LinkedIn profile?
585
00:48:44,141 --> 00:48:46,342
What's the best way for people to get in touch?
586
00:48:47,008 --> 00:48:49,901
Yeah, certainly linkedinphenimorelaw.com is our website.
587
00:48:49,901 --> 00:48:53,454
You can go on there and find out more about Fenimore Labs and what we're doing with AI
project.
588
00:48:53,454 --> 00:48:56,007
Blue wave is our AI project.
589
00:48:56,007 --> 00:49:00,461
Um, lot of good information on the website and, yeah, I'm happy to talk to anybody.
590
00:49:00,461 --> 00:49:04,545
If you have any questions or if you want to just discuss legal tech, I'm interested.
591
00:49:04,545 --> 00:49:08,619
So feel free to drop me a line on LinkedIn or by email through the website.
592
00:49:08,619 --> 00:49:11,688
Appreciate the time and thank you to have this opportunity.
593
00:49:11,688 --> 00:49:12,260
Awesome.
594
00:49:12,260 --> 00:49:12,750
All right.
595
00:49:12,750 --> 00:49:19,273
And then we'll see you uh not too long in uh Austin for TLTF, correct?
596
00:49:19,768 --> 00:49:20,290
That's right.
597
00:49:20,290 --> 00:49:20,732
That's right.
598
00:49:20,732 --> 00:49:21,071
Yeah.
599
00:49:21,071 --> 00:49:22,520
See you at the TLTF summit.
600
00:49:22,520 --> 00:49:23,189
Should be good.
601
00:49:23,189 --> 00:49:24,050
All right, good stuff.
602
00:49:24,050 --> 00:49:25,191
Thanks David.
603
00:49:26,776 --> 00:49:27,817
Take care. -->
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