In this episode, Ted sits down with David Perla, Vice Chair at Burford Capital, to discuss the rise of Managed Service Organizations (MSOs) and what they mean for the future of law firm structure and funding. From how MSOs differ from ALSPs to their potential to drive efficiency, attract capital, and reshape ownership models, David shares his expertise in legal finance, innovation, and law firm strategy. With insights on client demands, technology adoption, and the cultural barriers to change, this conversation helps law professionals understand the forces reshaping the business of law.
In this episode, David shares insights on how to:
Understand the Managed Service Organization (MSO) model and how it compares to ALSPs
Identify why law firms struggle to modernize ownership and capital structures
Explore how client demand and technology are accelerating change in the legal industry
Recognize the cultural and operational barriers that slow legal innovation
Evaluate how MSOs could unlock new growth, efficiency, and succession planning opportunities
Key takeaways:
The MSO model gives law firms a new way to access capital and improve operational efficiency
Unlike ALSPs, MSOs integrate with law firms rather than compete against them
Client pressure for budget transparency is driving firms toward innovation and efficiency
Law firm culture and partnership structures remain major obstacles to transformation
The future of legal services will blend technology, managed structures, and client-driven strategies
About the guest, David Perla
David Perla is the Vice Chair of Burford Capital and a recognized legal industry innovator, responsible for marketing, public policy, and industry affairs. An entrepreneur and business builder, he has led and founded several high-growth legal and technology ventures, including Pangea3, which was acquired by Thomson Reuters. Named one of The American Lawyer’s Top 50 Innovators of the Last 50 Years, David brings decades of experience in legal process outsourcing, corporate leadership, and industry transformation.
The AI genie is way out of the bottle. We expect our people to look to GPT. We expect them to be on it every day. I’m on it every day. Our heads of every unit are on it every day.
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David Perla, how are you this afternoon?
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Great, how are you Ted?
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Doing good, doing good.
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I'm excited about this conversation, man.
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I've been, ever since that Financial Times article came out and I learned about this whole
MSO model, I've been really excited to talk to you guys.
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And I think the audience is going to be really interested as well.
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So uh I'm excited.
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Well, thank you.
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We're excited also.
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The article really just explained what we've known for a long time and we've been focused
on for a long time in terms of our strategy.
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So we're thrilled that people are so engaged by it and so interested in it throughout the
tech world and in the legal world.
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So it's sometimes hard to unite those two.
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This seems to have gotten everyone's attention.
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So we're excited.
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for sure.
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For sure.
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And there's lots of reasons for that, that we're going to get into.
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But before we do, let's get you introduced.
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So I met you via Rob Soconi, who I've known for many, many years.
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He was, um, I think he was still possibly at TR when we met and, uh, I've been in the
legal internet game and extranet game for a long time and a, uh, a CEO.
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In Charlotte, a CIO at a law firm in Charlotte put me in touch with Rob and Robin Bob, his
partner, Bob Beach and said, you got to talk to this guy.
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um anyway, he, Rob put us in touch, which, which I appreciate.
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And, uh, I saw your article, in the financial times about Burford capital and some of the
interesting things you guys are doing there that we're going to talk about, but.
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Your background.
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you formally founded and led an ALSP.
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You're a former M and a lawyer, like fill in the gaps.
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Tell us a little bit more about your background and what you're doing today.
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Sure, happy to.
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So I was a former &A lawyer in New York City, corporate lawyer in the 90s, and then went
in-house.
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So the first 10 years of my career were spent private practice and then as an in-house
lawyer at a, at the time, very fast growing internet company called Monster.com.
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So I really lived the uh technology internet world in the 1.0 days of the internet.
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And in 04, I founded a company called Pangaea 3 with my best friend from law school.
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We raised the time, three rounds of capital.
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Ultimately, our final round was with Sequoia and built that business from two of us in a
room to 650 people around the world.
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And then we were acquired by Thomson Reuters in 2010.
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Stayed for two years, had actually a very, very happy time.
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We come from the legal world.
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So
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We actually enjoyed our time at Thomson Reuters, made a lot of friends, a lot of contacts.
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And then I did a fairly short stint for two and a half years as president of Bloomberg
Law.
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Really wanted to see what the information business was about, having led a services and
technology enabled business.
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I wanted to get into the information business.
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Did that until the end of 2016 and then was approached by Chris Bogart, our CEO.
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about coming on board to Burford in early 2018.
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And I've been here ever since, really in a variety of roles, all of which have been uh
market facing leadership roles at the company, culminating last summer and becoming vice
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chair at Burford.
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Very interesting.
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And I thought the article was extremely interesting.
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I have a, we talk about a lot about business models here on the show.
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And you know, the reason being, I think there are some natural friction points, we'll call
them in the current iteration of the law firm partnership model.
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You know, it's cash basis accounting and consensus driven decision-making and you know,
management.
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professional management, not always being properly or sufficiently empowered.
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Um, you know, the lack of R and D, all of these things that create friction towards
capital projects and just the mindset necessary to really kind of think about R and D.
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I don't feel like the law firm partnership model is really optimized for that.
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It's optimized for profit taking.
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So we, we, we talk a lot about it here.
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So I was particularly interested because I've been keeping a close eye on all the activity
that's happening around ABS in uh Utah and Arizona and Puerto Rico.
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And I recently learned also DC, um, which I thought was super interesting.
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So I think there's a really a lot, you know, that this isn't the whole ABS structure isn't
new.
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It just knew in, in the, in this country in
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You know, the UK, they've had the Legal Services Act for God, it's been, think, 15 years.
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Yeah.
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And not much has really changed over there as a result of that.
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But that was prior to Gen.
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AI and before the means of legal production really became, I guess, challenged.
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uh There are now new ways to tech enable legal service delivery.
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So I think there's a ton of interest in
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in the market around um this.
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So why don't we start off with, so when I read the article, it mentioned MSO and coming
from the tech world, immediately, that's a uh slightly different acronym, stands for
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managed service offering.
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um And what you guys are doing is it's a managed service organization.
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Why don't you tell us what that means?
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Sure, and it's not materially different than a managed service offering, right?
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The idea being that an organization is taking over a function for another organization.
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uh And as we look at law, Ted, we probably wanna just acknowledge at the law firm level,
there are all types of law firms.
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So while the capital structure is the same in the US in that they cannot take equity
ownership or equity interests from...
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non-lawyers, non-partners of the firm.
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uh There are firms that range from your am-law 20s that are hyper profitable and they're
large-er, right?
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uh The top 20 all have the worth of a billion dollars in revenue.
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They're all very, very profitable, all the way down to your one-person firm.
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So we tend to generalize a little bit, but as we talk, I'll probably highlight some of the
differences and why they're starting to matter.
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I do agree with you that technology, AI, and particularly generative AI are gonna change
the conversation.
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uh But as we think about it, the challenge in law is really twofold.
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Number one, law firms, to quote our Chief Investment Officer John Maloe, their capital
structure is like an ice cream truck.
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That's the analogy he uses, which is they have to be owned by
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the people who work in the business and they uh rely on their cash as their balance sheet,
as their means of capital, and they distribute out their cash to the end of the year.
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That's how the owners get paid.
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They can have revolvers, they can have debt facilities, but it's a fairly unsophisticated
capital structure.
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So that is definitely uh issue one.
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The second dynamic, and we can spend some time talking about this is,
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as a business goes, as an industry goes, it's incredibly fragmented.
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So I mentioned, your top 20 firms in the US all have a billion in revenue.
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If you add them all up together, it's still only a relatively modest size public company.
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uh
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billion for the AMLO 100.
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for the MLO 100, right?
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So how many companies in America have over 160 billion in revenue?
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And that's 100.
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That's not your top 20.
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That's your top 100.
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So it gives you a sense this is not a scaled industry.
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This is a very fragmented, unconsolidated industry, which makes it challenging to address
capital needs.
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And it makes it challenging for any firm on its own to drive industry change or adoptage.
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change.
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uh The MSO structure, to bring us back to where we started, the MSO structure uh is a
workaround.
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What you have today is in the vast majority of states, the only way a law firm can raise
money is from its partners.
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Let's put the ABS structure aside for a second, the structure we have in Arizona and a
variation in Utah.
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uh And those are somewhat limited because of ethics rules.
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to extent we want, can come back to that, but they don't really allow the firms to
practice nationally using an ABS structure.
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So the firm structure has to say the same.
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What the MSO structure really lets the firm do is it lets them take certain functions,
either what we think of as back office functions, or what I think of as the old middle
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office or ALSP functions.
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put those into a separate entity, enter into a contract with that entity, and then that
entity can raise capital anywhere it wants.
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So can raise capital from private equity.
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can, in theory, not yet in practice, but in theory, can raise capital from the public
markets.
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It can do debt.
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It can issue bonds.
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It can really do whatever it wants, subject to whatever the...
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the capital markets are gonna demand in terms of the instrument or in terms of the return
on that investment.
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So it is really a vehicle to let law firms disintermediate the work that they do and take
the non-practice of law elements of law firms.
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send those to a managed service organization and let that organization raise money in ways
that the law firm itself couldn't raise money.
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And that's all it's really doing.
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It's been done in healthcare before, it's been done in other industries, and it is a, in
my mind, a natural evolution from what law has been going through anyway with ALSPs and
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with outsourced technology providers.
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So the idea of law being disintermediated or
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or being broken up into its constituent parts is not new.
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It's been going on for decades.
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This is the first time that people are saying, why don't we use this to raise money and
scale the business?
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And there's any number of reasons why a firm will want to do that.
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And I assume this essentially bypasses the restrictions around model rule 5.4, non-legal
ownership.
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So is that accurate?
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That's accurate.
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So 5.4 for people who aren't versed in the ethics rules, and I hope most people aren't, uh
rule 5.4 basically says that a lawyer cannot share fees with a non-lawyer.
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And what this structure allows is it allows the lawyer to uh move functions that were
previously done by the lawyer or by the firm to a different entity, entering into an
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arrangement.
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could be a fixed price arrangement, could be a cost plus arrangement.
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It could be an arrangement that is based on the revenue of the firm.
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What it can't be is directly based on the profits or profitability of the law firm.
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But there's a lot of creativity around how you can structure the pricing that an MSO gets
from a law firm, enters into that relationship, and the MSO can then raise capital.
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And the law firm itself, by the way, the money can flow up into the partners of the law
firm because the law firm can start out as the owner of the MSO or a part owner in the
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MSO.
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Really, it can do anything it wants.
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The MSO is a non-law firm entity.
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And so any restrictions that apply to law firms don't apply to the MSO with a big
exception.
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The law firm's relationship with the MSO is, of course, still governed by ethical rules.
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rules around confidentiality, rules around privilege, rules around fee sharing.
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So those apply, but the MSO itself is unconstrained by rules around capital ownership.
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Okay, interesting.
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one thing that came to mind when I was reading the article is the similarities or
differences with ALSPs.
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So can you kind of help differentiate those two?
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Of the easiest way to understand the difference is what most people mean when they say an
MSO versus an ALSP is defined by the functions of the organization as opposed to the
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structure or as opposed to the relationship.
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So historically, when we talk about an MSO, we're talking about functions that we think of
as back office.
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So that's technology.
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finance, uh HR, marketing, uh oftentimes compliance, risk management, and in some cases,
like uh strategy and business management, sort of growth initiatives.
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Those are your typical kind of back office as opposed to the practice of law at a law
firm, right?
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The things I did when I was at a big law firm, the things I did even when I was in-house.
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If we think about an ALSP, the functions we think about are more
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quasi-legal or high-volume legal in nature, as opposed to back office.
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So back office I might refer to in the old days as business process outsourcing.
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ALSPs are legal process outsourcing.
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So you can do what 30, 40 years ago we thought of as legal work is now being done at ALSPs
under the umbrella supervision uh of a lawyer at either a law firm or an in-house
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department.
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document review, contract drafting, uh legal research, contract lifecycle management, ah
the legal elements of compliance.
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And then as you work your way down the value chain, all sorts of other functions that are
not back office in nature, they are more vertically integrated into the practice of law.
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The things that an associate might have done 30 years ago,
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that an ALSP started taking on 20 and 15 years ago, you could put those in an MSO easily.
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And as long as they're supervised by a lawyer, the MSO could do both back office work and
that quasi legal work.
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We tend to use the acronyms to describe the difference in the work being done.
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I see.
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our first venture, so InfoDash has been around since January, 2022, so about three and a
half years.
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For the 14 years prior to that, we were a company called Acrowire and we were consultants
and I'm a former Microsoft guy and I had uh skills and expertise in that domain.
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And we decided to jump down the legal uh rabbit hole and our first client
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they no longer exist was a default services firm in 2008.
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So as you can imagine, 2008 default services was a very hot area of practice.
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There were lots of foreclosures in 2008, 2009, and they used a, they called it a BPO in
India that did a lot of the administrative tasks related to
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which of which there are plenty in the default services practice.
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They outsource that to a much lower cost geography and maintained a ton of efficiencies
and that firm grew fraud.
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You know, it wasn't a big firm to begin with, but they started off with about 50 employees
and ended up with 400 in 18 months.
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So 8X growth in 18 months.
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Pretty
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pretty amazing.
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And we went in there and I'm also a lean Six Sigma black belt and we helped them, um, map
out all of their processes within default services and structure it like an assembly line
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where we physically sat each group in close proximity.
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And they had, um, they literally ran this like a manufacturing facility.
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They had monitors
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installed.
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We had them install monitors with control charts and bottleneck.
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could see where bottlenecks were in the process.
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Yeah, it actually got wrote up by the ABA journal, maybe 2010, 2011 timeframe.
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So that was well ahead of its time.
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And I'll be honest with you, I have not seen that really happen since to that extent where
a law firm was really built like that.
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Do you guys come and bring that level of rigor and expertise as well, or is it more ad hoc
based on how the firm operates?
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Does an MSO, when you say you guys, mean an...
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Right, so Burford just took a minority interest in Kindleworth in the UK, which helps law
firms spin out of larger law firms and helps them manage.
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So it's a part consultancy, part MSO.
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It remains to be seen, we're not planning on being active managers of Kindleworth.
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It is its own business.
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That said, uh an MSO...
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can be as process involved as the client needs or wants, or as non-process involved.
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It could take over an existing function and simply run that function on a contract basis,
or it can transform the function.
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The way uh ALSPs historically grew, they started by nothing more than labor arbitrage.
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It was less expensive to do the work offshore or in
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less expensive domestic jurisdictions.
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What happened very quickly is clients came along and said, can you make our processes more
efficient?
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So my old business, Pangia 3, while document review in India and then in Texas where we
had a facility which cheaper, the magic of that business and the way we really scaled the
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business and the way clients gave us business was we actually adopted Lean Six Sigma
principles.
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So we had
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We had our document review done in pods, which was stolen, literally stolen from
manufacturing.
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Like pod document review was a lift from things we were reading because we were all
training in Six Sigma.
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uh What we think will happen with MSOs is they will uh be used to raise capital and
they'll also help law firms implement
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all of the technologies that law firms today are looking at and considering and in some
respects, if not struggling with, they're unsure of what to do with all the new
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technology, not the least of which is artificial intelligence and agentic AI.
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ah So we think that value chain is coming.
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It's not quite there today.
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That is driven by the fact that MSOs today have not been widely adopted.
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yet we're in the very early days of what's happening in the US in particular.
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The UK is different because in the UK you have the ABS structure, so you don't necessarily
need the MSO in order to raise capital for a law firm.
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What's interesting for us, if you look at our Kindleworth transaction, the firms that
they've helped spin out and stand up and help them grow are actually firms that
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that aren't using outside capital.
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So they are in fact using them as an MSO in the way that we think about it in the United
States.
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They're not using it because they wanna raise capital, they're using it to take a function
and to have someone who's better suited to it manage it.
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And that's where we think the profession's heading with the benefit that law firms will be
able to raise capital and importantly,
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Derisk financially so the law firm, you know, one of the challenges of the law firm It's
not merely raising capital if you're a partner to law firm It's tricky enough that if you
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want to invest in R &D after you use only your own cash flow But if that project goes the
wrong way Your capital is wholly at risk and you can't you can't diversify the risk in a
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way that an MSO or any other outsourced provider an info-
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right, or a Pangea 3, can diversify that risk in the same way, by the way.
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Burford, litigation finance provider, we diversify risk on behalf of clients and law firms
who otherwise are taking uh unique idiosyncratic litigation risk.
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We're diversifying it by definition because we have a broad portfolio of litigation in
which we invest, where by definition diverse
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in a way that uh even a plaintiff law firm can't be nearly as diversified because they
only have their own clients or their own cases.
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So I think that's what's happening with MSOs, but we're in the very early days.
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So, if it sounds like it's fairly customized based on the situation, is that accurate?
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I think there are customizations.
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It really depends on the firm.
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uh Certain functions are going to be highly customized and certain functions I think will
be less customized.
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So, you know, I'll give you an example.
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think as you, you know, firms today, their finance functions, they may run differently,
but that doesn't need to be terribly customized.
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The way a firm does its accounting, you it's controller's office.
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its treasury function, right?
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It's subscale, but it's not terribly custom.
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How it undertakes contract drafting.
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Let's use that as an example.
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If we move up the value chain and firms decide they want to start moving contract drafting
down to an MSO.
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So lots of ALSPs draft contracts on behalf of either law firms or in-house departments.
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It's totally ethical.
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Every one of those ALSPs has opinions on that.
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It's widely done.
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A law firm could do the same thing.
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Just as a law firm today can use a non-lawyer to draft a contract as long as it's
supervised or can use a non-lawyer to write briefs, that is going to be much more
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customized if and when that work goes to an MSO.
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That's going to be more uh custom to a given law firm based on its partners, based on the
type of clients it has.
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So I think it's going to depend.
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Are we talking about back office work or are we talking about this quasi-legal
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what used to be associate work.
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I give you another example.
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There are litigation firms today, big prestigious litigation firms that have huge staffs
of non-lawyer professionals that are employees that are doing the same type of work that
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associates do.
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They're being billed out by the hour and they're being supervised by associates and
partners of the law firm.
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And no one suggests that's unethical.
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as long as it is under the rubric of a lawyer is supervising it, that could be done in an
MSO.
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So even law firms that don't today have an MSO can easily, the old days, we call that lift
and shift.
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You can take those people, take their function as it's being done, move it to a different
corporation.
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That corporation can then be capitalized with private capital in a way that the law firm
cannot.
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then what's kind of the size and shape of the law firms that are best aligned to the model
of MSO that you guys are bringing to the market?
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Yeah, it's a great question.
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And I think of it in three ways.
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I think there are three types of law firms as opposed to kind of there's one size and
shape.
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I think there's three styles of law firm that are gonna be your adopters over the next
three to five years.
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uh Number one, you do have large multi-practice or large single practice, particularly
litigation firms that could easily go this route.
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uh
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What types of firms am talking about?
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Firms that today already have structures that don't look as traditional.
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They've either already built outsourced centers, there plenty of firms that have
outsourced centers that have had them for decades.
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Firms that have, you know, staffs that are non-lawyer already doing quasi-legal work.
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Firms that work with ALSPs.
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And you have firms all the way into the the Amelaw 20 that look like that, that if they
chose to do an MSO structure, they're well suited to do that, as opposed to firms that do
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everything with their partners and their associates.
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The second type of firm is sort of the easiest to understand.
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And there are a few of them.
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Those are your distributed law firms, your virtual law firms.
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And so we saw Ramon Law, which was
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kind of the most well-known of the virtual law firms spun out its MSO, Nova Law, and Nova
Law was capitalized and purchased by Alpine, a private equity investor.
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So you have other law firms like that.
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You have Fisher-Broyles, you have Pearson-Ferdinand.
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These are firms that have no official headquarters, have no official offices.
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They're scaled and or scalable.
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I think you'll have a lot more of these firms.
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They're well-suited.
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because they're built with an MSO already in place as their back and middle office.
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That's how the whole firm is structured.
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The third type of firm are the law firms that practice in areas that already have large
elements of the practice having been disintermediated or having functions that already are
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not being handled by lawyers.
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And so who falls in that category?
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uh Employment law, immigration law, family law.
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So not just divorce, things like adoption, you form heavy things.
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uh Things like...
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right?
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I said default services, oh intellectual property.
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IP, particularly high volume IP, as opposed to complex patent infringement litigation,
patent prosecution.
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We were doing claims charts and application drafting in India as far back as 2005.
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So clearly, lots of firms outsourced that work already.
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uh And then,
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The type of work we don't tend to get involved in at Burford, but things like mass tort
and things like personal injury, where uh the lawyers are seen if something goes to trial
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or when it goes to trial, but a vast amount of the work is done by non-lawyers or done by
companies that aren't today part of the law firm.
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So if you look at a mass tort law firm, a mass tort law firm often has a staff
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of people that are not lawyers that vastly exceed the number of lawyers at the firm.
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And even then it's a pyramidal structure between the people who own the firm and the
income or employee lawyers of those firms.
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They can also move to an MSO.
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So I think you'll see that.
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But if you look, I'll give you an example.
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Look at employment, traditional employment law, defense or plaintiff side.
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But let's talk about the defense, because everyone thinks that all this is only an app on
the plaintiff side.
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Littler Mendelson was one of the most innovative firms when it came to technology 15 and
20 years ago.
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They have been disintermediating the non-contentious side of their practice for decades
such that the partners are really expert in employment law.
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Anything you want to know about US employment law, they know how to do and they've
represented us when I was at Pangea 3.
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But they have
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hire teams of people who do other things who aren't lawyers that can easily be stripped
out of the law firm and capitalized differently.
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And lots of firms have that today that operate in these types of law where you don't have
to the lawyer doing all of the work vertically.
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Yeah.
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So a good, so the, the average ratio in the AmLaw 100 lawyer to staff is right at two.
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And whenever that ratio is higher, I would imagine that's where, you know, like a fragman
is a good example that does immigration work.
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think they're like seven X right.
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Seven employees to each, um, each lawyer, right.
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That, that, that seems like that would be a leading indicator for you.
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I think that's right.
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if you think, we didn't talk about this.
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Fragment is probably the number one management side immigration firm in the world,
certainly in America.
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And that stands to reason that they don't need lawyers to be doing everything.
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So it's literally a half step to then say they can take all of that.
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You can probably take some of the lawyer work too and move that into an MSO and enter into
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some sort of a pricing arrangement that would let the MSO raise capital.
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The nice thing about that is not only does it you raise capital, it lets you think about
succession planning in a way that is very difficult for a lot of these firms where you
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have a limited number of partners at the top of the equity and they're trying to figure
out how do they transfer, I don't want to say that wealth, how do they transfer that
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future earnings power?
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over time to the next generation?
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How do you do that?
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And how do they make sure they keep earning and get benefit for having built all that?
338
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Very difficult to do if the only way to do it is through the law firm itself.
339
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Yeah.
340
00:32:04,343 --> 00:32:07,224
Well, I'm to give you a plug here for InfoDash.
341
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So we have a extra net offering that has recently launched and we are primarily primary
competitor in that space is Haikyuu.
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That's also owned by Thomson Reuters and Haikyuu's strength in their early days was their
ring fenced, isolated, very well controlled cloud infrastructure.
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And over time,
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that strength has become what I see as a potential friction point because getting data in
and out is hard.
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It was kind of designed that way when firms were not comfortable with the cloud.
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00:32:45,381 --> 00:32:47,962
Firms are comfortable with the cloud now.
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00:32:47,962 --> 00:32:53,004
And so we designed our solution to get deployed in their environment.
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00:32:53,024 --> 00:32:58,947
And that opens up all sorts of new doors for mass tort and multi- uh
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D L multi district litigation and the ability to expose all of this back office data to
the clients.
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That's very hard to do with traditional extra nets.
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Very easy to do with us.
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00:33:13,331 --> 00:33:20,853
So maybe offline we should chat about, about that because that's, that's an area of focus
for us.
353
00:33:21,573 --> 00:33:22,453
Yeah.
354
00:33:22,493 --> 00:33:28,523
Well, um, let's talk a little bit about, uh, ABS is themselves and, uh you know, it, it
made
355
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big news when KPMG got admitted or licensed by the Arizona Supreme Court in, I think it
was February.
356
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And I thought it was a very interesting move, not very easy to anticipate, you know, they
have 200 and KPMG is the smallest of the big four.
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have like 275,000 employees.
358
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They have 4,000 lawyers.
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have 45-ish billion in revenue.
360
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They're the smallest of the big four, by the way.
361
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They would be an Amlaw 20 firm, maybe even Amlaw 10, if you spun out just that group of
lawyers.
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And I have seen a surprising, um I guess, lack of urgency.
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um maybe complacency is too strong of a word.
364
00:34:25,803 --> 00:34:34,003
It doesn't seem that this is really that law firms are too worried about this new model
potentially competing with them.
365
00:34:34,003 --> 00:34:37,083
you know, this is just the first step in that process.
366
00:34:37,083 --> 00:34:47,943
So I think there's a ton of interest, but what are your thoughts of this new ABS model and
what the implications are for the traditional law firm model?
367
00:34:48,852 --> 00:34:54,787
Yeah, so I think the the ABS model in my mind is interesting, but it's untested.
368
00:34:54,787 --> 00:35:02,033
And if it stays in Arizona, I don't think it's going to be transformative.
369
00:35:02,033 --> 00:35:08,218
And I think that's why the large firms, even some of the small firms are taking a wait and
see approach.
370
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And in that respect, the large firms aren't wrong.
371
00:35:11,541 --> 00:35:18,472
think the midsize and small firms are wrong to wait and see because a KPMG or an EY for
them.
372
00:35:18,472 --> 00:35:31,688
So my old company, which was bought by Thomson Reuters, was then sold to EY and is now EY
Law, which I think give or take has 3,000 people doing just the, doing high volume law,
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right?
374
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ALSP.
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uh That type of work will displace your midsize and smaller firm kind of localized work,
your lower value work, your lower cost work.
376
00:35:45,153 --> 00:35:47,638
uh But the EBS itself,
377
00:35:47,638 --> 00:36:01,063
Given that it's restricted to Arizona and given the ethical rules in the major commercial
states in the United States, California, New York, Florida, Texas, Illinois, Delaware, it
378
00:36:01,063 --> 00:36:17,270
is unlikely that using an Arizona ABS could allow KPMG or anyone else, Burford, any other
player in the industry, unlikely it would allow them to create a national level law firm
379
00:36:17,270 --> 00:36:24,490
of high caliber elite type lawyers to compete with the Amla 200s.
380
00:36:24,490 --> 00:36:37,230
So what I think can happen, and that's why I think you're seeing the interest in the MSOs,
is an existing set of lawyers could scale quickly using an MSO structure.
381
00:36:37,230 --> 00:36:45,238
So in my mind, KPMG, it may be a canary in a coal mine, but it's not a canary in a coal
mine for a...
382
00:36:45,238 --> 00:36:52,078
the big four suddenly having giant law firms and becoming an Amlaw 20 or an Amlaw 50.
383
00:36:52,078 --> 00:37:00,118
It's a canary in a coal mine for law is in a disrupted and disruptible stage.
384
00:37:00,358 --> 00:37:10,510
And the other canary in a coal mine is private equity starting to get very interested and
finding ways to...
385
00:37:12,726 --> 00:37:16,666
buy economic interests in the success of law firms.
386
00:37:16,666 --> 00:37:18,266
And I've chosen that carefully.
387
00:37:18,266 --> 00:37:21,346
They're not buying into law firms, not buying into the equity, right?
388
00:37:21,346 --> 00:37:33,946
We own a minority interest in a firm in Britain via the ABS structure, but by buying a
position in Kindleworth, not only do we get to help out law firms that are clients of
389
00:37:33,946 --> 00:37:38,226
ours, but we also get to expose...
390
00:37:38,314 --> 00:37:46,201
what we do to those clients and as we broaden what we offer, we get in front of those
clients, those law firm clients of a Kindle worth.
391
00:37:46,201 --> 00:37:59,752
And so I think what we're gonna see, if I had to make a prediction, I think the MSO
structure is going to be the structure that really takes off unless there's the unlikely
392
00:37:59,752 --> 00:38:07,038
event that one of the commercial states liberalizes its law firm ownership rules either
with.
393
00:38:07,280 --> 00:38:10,955
a change to rule 5.4 or by adopting ABSs.
394
00:38:10,955 --> 00:38:13,518
But all evidence is that they're not going to do that.
395
00:38:14,059 --> 00:38:16,599
Well, you know, that's interesting.
396
00:38:17,619 --> 00:38:30,999
It is a protectionist mechanism that really does create a bit of a moat for competition
and capital.
397
00:38:31,459 --> 00:38:34,199
there is a vested interest.
398
00:38:34,299 --> 00:38:43,829
I'm of the opinion that as this technology, as generative AI really starts to move its way
up
399
00:38:43,829 --> 00:38:49,842
the complexity spectrum in its capabilities and the type of legal work that it can
accommodate.
400
00:38:50,303 --> 00:39:04,660
I think that that is going to be a driving force in motivation where I think it's the
actual lawyers themselves who are going to, not just the consumer or the regulators or
401
00:39:04,660 --> 00:39:09,333
whoever, um there are benefits.
402
00:39:09,333 --> 00:39:13,795
So as a software company, if we were to sell our business today,
403
00:39:13,931 --> 00:39:18,351
we'd get anywhere from 6 to 10x revenue.
404
00:39:18,971 --> 00:39:23,531
A traditional business sells for 3 to 5 times EBITDA.
405
00:39:23,851 --> 00:39:42,403
So very different math and economics that ultimately, if a law firm built a tech-enabled
captive entity or sister organization that had a
406
00:39:42,508 --> 00:39:51,068
a legal, a tech enabled legal, uh legal services delivery machine um that over time will
be more viable.
407
00:39:51,068 --> 00:39:57,615
I think that that's going to be, create a natural tension on those rules.
408
00:39:57,615 --> 00:39:58,075
I don't know.
409
00:39:58,075 --> 00:40:00,316
you, what are your thoughts on that?
410
00:40:00,346 --> 00:40:02,147
I totally agree with that.
411
00:40:02,327 --> 00:40:05,988
Although I don't think the tension with the rules is going to be the challenge.
412
00:40:05,988 --> 00:40:10,309
I think the challenge is going to be managing the disruption at the law firm.
413
00:40:10,309 --> 00:40:14,970
The rules as they exist today, it's not optimal, but it's fine.
414
00:40:14,970 --> 00:40:19,512
It's the same way it was fine when I started my business 21 years ago.
415
00:40:19,512 --> 00:40:26,834
uh We knew what we were doing was ethical and we heard all the, you know, this is the
unauthorized practice of law.
416
00:40:27,134 --> 00:40:27,894
None of it held up.
417
00:40:27,894 --> 00:40:31,134
We have, everyone had opinions from the best ethical scholars.
418
00:40:31,134 --> 00:40:35,054
were no bar association ever brought a claim.
419
00:40:35,054 --> 00:40:38,494
No one ever actually suggested what we doing was the unauthorized practice.
420
00:40:38,494 --> 00:40:40,494
I think the rules won't get in the way.
421
00:40:40,494 --> 00:40:46,454
I think to your point, there's going to be a groundswell of demand from the client side.
422
00:40:46,454 --> 00:40:51,094
Clients saying, forget, I don't want to pay by the hour.
423
00:40:51,094 --> 00:40:53,594
They're going to say, here's what I calculate this costs me.
424
00:40:53,594 --> 00:40:57,454
So Burford, we have budgets for everything we finance.
425
00:40:58,132 --> 00:41:03,385
Whether the law firm is charging by the hour or the law firm is doing on contingency, it's
budgeted.
426
00:41:03,826 --> 00:41:10,170
So clients already are demanding budget, irrespective of the fact that the budget is based
on an hour.
427
00:41:10,310 --> 00:41:20,417
Over time, they're going to demand that the cost of the services comes down because
they're going to say, you can do that using some form of technology that didn't exist five
428
00:41:20,417 --> 00:41:21,338
years ago.
429
00:41:21,338 --> 00:41:27,540
Now, will it impact the &A practice at Cravath?
430
00:41:27,540 --> 00:41:32,910
you know, or the litigation practice at Wachtell or Simpson Thatcher, I doubt it.
431
00:41:32,910 --> 00:41:43,699
uh That's at a different level where you are paying for the judgment and the elite skills
of the litigators or the lawyers on the transactions.
432
00:41:43,699 --> 00:41:55,525
But just about everywhere else, you're gonna see pieces of what today are done by
associates or partners that can be done by technology and can probably be done by
433
00:41:55,525 --> 00:41:57,110
technology at
434
00:41:57,110 --> 00:42:00,850
a non-law firm and the clients are going to demand that.
435
00:42:01,090 --> 00:42:11,870
When, you know, somewhere from right now to the next three to five years and we're seeing
it, the reality is if you talk to the companies in the legal world, the legal AI world,
436
00:42:11,870 --> 00:42:14,710
the legal technology world, they're all growing.
437
00:42:14,710 --> 00:42:16,190
They all have clients.
438
00:42:16,330 --> 00:42:24,110
They have clients at in-house that are going directly to them and they have law firms
coming to them saying, my clients are pushing me.
439
00:42:24,394 --> 00:42:27,575
help me deliver my services in a different way.
440
00:42:27,575 --> 00:42:33,297
And then those firms are turning to their business leaders and saying, help us reprice.
441
00:42:33,297 --> 00:42:34,837
So that's happening.
442
00:42:34,837 --> 00:42:37,048
I don't think the ethics rules are going to stand in the way.
443
00:42:37,048 --> 00:42:52,662
think if anything, uh if you spend time with the ethics experts, the scholars, and I spent
a lot of time talking to them, their view is at the end of the day, even where someone is
444
00:42:52,662 --> 00:42:58,022
pushing on the edge of the ethics rules, disruption happens in law.
445
00:42:58,022 --> 00:43:12,222
And that is my experience as someone who built, ran, and sold an ALSP to a more
traditional technology provider, that what sounded like it was pushing up against the
446
00:43:12,222 --> 00:43:20,630
ethics rules when we formed the company in 2004, today seems almost plain vanilla.
447
00:43:20,630 --> 00:43:31,050
It's not controversial in the least that you would undertake the services offshore or
outside of a law firm or a legal department that an ALSP undertakes.
448
00:43:31,050 --> 00:43:33,450
So I think the ethics rules won't hold back.
449
00:43:33,450 --> 00:43:35,890
There'll be demand at the client side.
450
00:43:35,970 --> 00:43:43,650
you know, ultimately, I think you'll see some convergence when law students come into
firms with these skills.
451
00:43:44,410 --> 00:43:50,830
And that'll be really interesting, Ted, when you have law students who show up and say,
wait a second.
452
00:43:50,890 --> 00:43:54,341
This doesn't make sense to ask me to draft like this.
453
00:43:54,341 --> 00:44:06,296
The way I'd learned how to draft a contract, I can learn just as easily by doing it with
technology and it will take 10 % of the time.
454
00:44:06,777 --> 00:44:10,778
So now the firm has to say, well, how do we reprice that?
455
00:44:11,619 --> 00:44:13,399
What's the value of that?
456
00:44:13,399 --> 00:44:16,901
Where does it fall within and how do we train the lawyer to do other things?
457
00:44:16,901 --> 00:44:18,482
That's happening now.
458
00:44:18,482 --> 00:44:20,142
Those conversations are happening.
459
00:44:21,001 --> 00:44:21,251
Yeah.
460
00:44:21,251 --> 00:44:29,513
And you know, I've, I've, I've heard some interesting arguments around the ethics and
technology.
461
00:44:29,513 --> 00:44:34,415
Like, you know, is chat GPT engaged in UPL, right?
462
00:44:34,415 --> 00:44:38,646
If, if I, I use it all the time for legal tasks.
463
00:44:38,646 --> 00:44:47,578
In fact, the last six months I've been running that's got close to nine months now, since
the beginning of the year, I started running all of my, all of my legal tasks at my little
464
00:44:47,578 --> 00:44:51,145
small business, in parallel.
465
00:44:51,145 --> 00:44:55,298
with my lawyers and I've been really impressed.
466
00:44:55,298 --> 00:45:02,402
But you know, when I run my operating agreement and ask for a risk analysis, um, is that
UPL?
467
00:45:02,603 --> 00:45:11,249
And then a good follow on question is there are many, well, I don't know about many, there
are some AI companies out there.
468
00:45:11,249 --> 00:45:20,435
I don't know if you've ever heard of builder.ai, but they had people, they presented
themselves as an AI company and they had people in India.
469
00:45:20,566 --> 00:45:21,019
Yeah.
470
00:45:21,019 --> 00:45:36,705
what happens with that if you have a legal application platform that presents itself as if
technology is delivering the output, but it's actually people behind the scenes, is that
471
00:45:36,705 --> 00:45:37,285
UPL?
472
00:45:37,285 --> 00:45:41,422
And that picture gets real messy real fast, don't you think?
473
00:45:41,422 --> 00:45:44,283
It gets real messy, real fast.
474
00:45:44,283 --> 00:45:51,605
this is world legal zoom has been operating in for 20 years, know, and pushing back and
kudos to them.
475
00:45:52,265 --> 00:46:03,968
I admire what they've done because they've really, uh in many ways, democratized law in a
way that, why would you pay a lawyer, why should someone pay a lawyer hundreds or
476
00:46:03,968 --> 00:46:10,750
thousands of dollars for what is basically filling out forms with a little bit of
expertise, right?
477
00:46:11,182 --> 00:46:25,230
I guess my real reaction is in the same way that, you know, sort of, um, turbo tax is no
more engaged in the unauthorized practice of tax law.
478
00:46:25,230 --> 00:46:35,376
I feel like I can understand this argument intellectually, but to me, and I, and I do
understand it and I, I like it for the philosophical elements of the debate.
479
00:46:35,436 --> 00:46:38,474
But when someone actually says to me this, you know,
480
00:46:38,474 --> 00:46:41,836
you know, well, I think the AI tools are engaged in UPI.
481
00:46:41,836 --> 00:46:45,598
It's the last vestige of people who want to keep the world the way it is.
482
00:46:45,598 --> 00:46:49,640
The AI genie is way out of the bottle.
483
00:46:50,101 --> 00:46:53,953
you know, uh we have it enterprise-wide.
484
00:46:53,953 --> 00:46:57,885
It's all in a container at Burford, so everything is confidential and everything is safe.
485
00:46:57,885 --> 00:47:02,197
But we expect our people to look to GPT.
486
00:47:02,197 --> 00:47:03,428
We expect them to be on it every day.
487
00:47:03,428 --> 00:47:04,308
I'm on it every day.
488
00:47:04,308 --> 00:47:05,566
uh
489
00:47:05,566 --> 00:47:09,428
you know, our heads of every unit are on it every day.
490
00:47:09,428 --> 00:47:13,270
So I don't think we're putting the genie back in the bottle.
491
00:47:13,270 --> 00:47:24,306
And while I love the discussion uh from an intellectual standpoint, when someone comes
along and says, well, this is a real problem, we have to study it, usually they just are
492
00:47:24,306 --> 00:47:29,028
looking for a way to slow down change that everyone knows is coming.
493
00:47:29,419 --> 00:47:30,159
100%.
494
00:47:30,159 --> 00:47:31,390
I completely agree with you.
495
00:47:31,390 --> 00:47:35,521
it's not only is it coming, it's, it's inevitable.
496
00:47:35,521 --> 00:47:43,773
Like the market is going to demand these efficiencies and um we're going there, whether we
like it or not.
497
00:47:43,773 --> 00:47:49,364
So you can go kicking and screaming or you can, you can lead the pack.
498
00:47:50,165 --> 00:47:52,436
one final question for you, cause we're almost out of time.
499
00:47:52,436 --> 00:47:57,007
You, you've had a nice kind of cross-sectional view as I have.
500
00:47:57,007 --> 00:47:57,987
in my,
501
00:47:58,028 --> 00:48:00,249
17 years and working with law firms.
502
00:48:00,249 --> 00:48:02,991
We've worked with over 110 AM law firms.
503
00:48:02,991 --> 00:48:06,313
That's when I stopped counting because counting gets tricky.
504
00:48:06,313 --> 00:48:11,237
Like when you have two firms that merge, is that three or is that one now?
505
00:48:11,237 --> 00:48:13,498
So anyway, I quit counting.
506
00:48:13,498 --> 00:48:16,700
It's more than half, I'll say.
507
00:48:17,300 --> 00:48:28,147
What are you seeing as leading indicators for the firms that are going to come out the
other side of this transformation?
508
00:48:28,171 --> 00:48:29,391
successful.
509
00:48:29,391 --> 00:48:42,711
Are there any things like types of activities like you know we saw Cleary by Springbok and
you know you've got um you know Wilson Sincini built Neuron and Cooley and Go and you know
510
00:48:42,711 --> 00:48:53,011
there's um Cypharth has Cypharth Lean and you know there's lots of little interesting
moves here and there but just kind of in broad brushstrokes without getting specific firm
511
00:48:53,011 --> 00:48:54,751
specific like are there any
512
00:48:54,751 --> 00:49:00,383
moves that you see certain firms making that you say, wow, you know what, I think that's a
leading indicator to success.
513
00:49:00,478 --> 00:49:02,098
think there are a few.
514
00:49:04,074 --> 00:49:05,754
Maybe I'll talk about three real quickly.
515
00:49:05,754 --> 00:49:06,825
One is our own business.
516
00:49:06,825 --> 00:49:15,507
So firms that approach us and want to discuss how legal finance can help them because
they're trying to build new practice groups.
517
00:49:15,507 --> 00:49:28,601
So the best example is historically defense side, large national firms that have strong
litigation practice, but want to be able to offer creative solutions and creative pricing,
518
00:49:28,601 --> 00:49:32,822
particularly contingency in a way that they never have and come to us.
519
00:49:32,822 --> 00:49:39,562
in ways that 10 years ago they wouldn't That is usually a leading indicator that change is
afoot.
520
00:49:39,562 --> 00:49:41,162
I think there are two other things.
521
00:49:41,162 --> 00:49:45,742
One, what are the activities those firms are undertaking?
522
00:49:45,742 --> 00:49:47,662
What technologies are they buying?
523
00:49:47,662 --> 00:49:51,962
You mentioned Cleary, and I'm gonna come back to Cleary in second.
524
00:49:53,442 --> 00:49:59,142
Oreck, 20 years ago, Oreck had built a facility in Wheeling, West Virginia.
525
00:49:59,882 --> 00:50:02,634
I think it was White and Case had a facility in the Philippines.
526
00:50:02,634 --> 00:50:03,455
to do their back.
527
00:50:03,455 --> 00:50:15,071
These are indicators of a firm that's thinking differently, that's sort of nimble, they're
asking questions that are institutionally trying to find different ways of running their
528
00:50:15,071 --> 00:50:16,842
business, right?
529
00:50:16,842 --> 00:50:18,983
To generate more profit, right?
530
00:50:18,983 --> 00:50:23,926
That's not the worst motivator in the world to do that, but they're trying to find new
solutions.
531
00:50:23,926 --> 00:50:25,207
The other is people.
532
00:50:25,207 --> 00:50:26,458
And I said I mentioned clear.
533
00:50:26,458 --> 00:50:30,592
If you look at who Clear is hired, I'm friends with a lot of those people, right?
534
00:50:30,592 --> 00:50:37,726
Cleary has, you know, for an old line Wall Street firm, Cleary has gone out and said, we
want to hire really innovative people.
535
00:50:37,726 --> 00:50:40,347
Look at who Brad Carp at Paul Weiss has hired.
536
00:50:40,347 --> 00:50:42,348
uh Simpson Thatcher.
537
00:50:42,348 --> 00:50:44,209
They've gone out and hired people.
538
00:50:44,209 --> 00:50:47,060
This is not window dressing, the people they're hiring.
539
00:50:47,060 --> 00:50:54,793
They're paying a lot of money to hire people to pull them out of usually technology firms
or...
540
00:50:54,793 --> 00:50:57,109
We're seeing people move from McKinsey to law.
541
00:50:57,109 --> 00:50:58,834
It's mind blowing.
542
00:50:58,834 --> 00:51:00,476
Right.
543
00:51:00,476 --> 00:51:02,177
It's mind blowing, yet it's not.
544
00:51:02,177 --> 00:51:12,954
The firms are putting their money where their mouth is to bring in really talented people
to then help them figure out what should they be doing?
545
00:51:12,954 --> 00:51:15,646
What tools should they be procuring?
546
00:51:15,646 --> 00:51:17,618
Should they be looking at the MSO structure?
547
00:51:17,618 --> 00:51:22,211
So I think if I put Burford in the first category, it's what activities are they taking?
548
00:51:22,211 --> 00:51:23,442
They're looking at legal finance.
549
00:51:23,442 --> 00:51:24,783
They're looking at MSOs.
550
00:51:24,783 --> 00:51:25,973
They're looking at...
551
00:51:26,546 --> 00:51:36,875
distributed law firms, know, firms that are spinning out, people that are leaving firms to
set up their own law firms and setting them up in ways that don't resemble their legacy
552
00:51:36,875 --> 00:51:37,296
firm.
553
00:51:37,296 --> 00:51:39,938
And then the third is who are they bringing on?
554
00:51:40,038 --> 00:51:41,499
That to me is always telling.
555
00:51:41,499 --> 00:51:44,202
Who are they hiring to help them with it?
556
00:51:44,202 --> 00:51:46,204
That's going to be a leading indicator.
557
00:51:46,204 --> 00:51:53,430
As opposed to repurposing someone who isn't an agent of change, I think you can kind of
look out and say,
558
00:51:53,430 --> 00:52:00,770
Okay, these firms are serious when they bring on certain types of people, particularly
when they bring them on and then you see them out in the market, what they're doing.
559
00:52:00,770 --> 00:52:02,379
think that's a good leading indicator.
560
00:52:02,379 --> 00:52:03,770
Yeah, I completely agree.
561
00:52:03,770 --> 00:52:04,801
Yeah.
562
00:52:04,801 --> 00:52:12,845
The hiring is really the most visible leading indicator, but uh you named some good ones
there as well.
563
00:52:12,845 --> 00:52:16,497
Um, well, I really appreciate you taking some time.
564
00:52:16,497 --> 00:52:17,808
This has been a great conversation.
565
00:52:17,808 --> 00:52:20,170
Our last conversation was awesome as well.
566
00:52:20,170 --> 00:52:24,212
How do people find out more about the work that you're doing?
567
00:52:24,339 --> 00:52:29,435
Um, you know, as David Perla and also at Burford capital.
568
00:52:30,154 --> 00:52:33,457
Well, at Burford Capital and David Pearl are the same.
569
00:52:33,457 --> 00:52:38,481
You can go to our website, which is burfordcapital.com.
570
00:52:38,481 --> 00:52:50,271
And we have an extensive amount of material about who we are, what we do in our core
litigation finance business, an extensive amount of material about the topic we discussed
571
00:52:50,271 --> 00:52:55,645
today, law firm equity, MSOs, capital structures, innovation.
572
00:52:55,645 --> 00:52:59,350
And we have plenty on technology, things that are.
573
00:52:59,350 --> 00:53:04,333
uh adjacent to our core business, but that we believe are going to transform the business.
574
00:53:04,333 --> 00:53:11,977
And in that vein, Ted, should say congratulations on the Forbes 100, uh which was really
cool.
575
00:53:11,977 --> 00:53:21,129
I be reading yesterday and to see InfoDash pop up uh as a rising star, knowing I was
coming on here was really a treat for me.
576
00:53:21,129 --> 00:53:21,890
Yeah, awesome.
577
00:53:21,890 --> 00:53:22,840
I really appreciate that.
578
00:53:22,840 --> 00:53:23,981
We were blown away.
579
00:53:23,981 --> 00:53:30,666
ah The amount of investor attention we have gotten has been uh mind blowing.
580
00:53:30,666 --> 00:53:33,888
And it's not because we're selling intranets and extranets.
581
00:53:33,889 --> 00:53:47,359
It's because we have this integration layer that sits within the law firm that has
tentacles into all those back office systems that lights up AI capabilities like
582
00:53:47,359 --> 00:53:53,081
that Microsoft exposes like Azure AI search, Azure open AI, power automate power apps.
583
00:53:53,081 --> 00:54:05,964
I think investors are looking at that because that that's a joint list with fortune and
Bessemer venture partners who you know well, you know, very um prestigious uh venture fund
584
00:54:05,964 --> 00:54:06,964
in the Valley.
585
00:54:06,964 --> 00:54:07,274
Yeah.
586
00:54:07,274 --> 00:54:11,276
And I'm going to, uh I'm going to Menlo Park to the award ceremony.
587
00:54:11,276 --> 00:54:13,046
Get to see Jensen Wang, man.
588
00:54:13,046 --> 00:54:16,967
And some of these CEOs, I'm, I'm so humbled by that.
589
00:54:17,759 --> 00:54:19,321
It really is inspiring.
590
00:54:19,321 --> 00:54:23,004
um I'm jealous, um really jealous.
591
00:54:23,004 --> 00:54:25,677
So look forward to reading about it after.
592
00:54:25,677 --> 00:54:28,556
Great, thanks so much.
593
00:54:28,556 --> 00:54:34,146
Yeah, thanks for coming on and I'm sure we'll bump into each other in person real soon.
594
00:54:35,210 --> 00:54:35,640
All right.
595
00:54:35,640 --> 00:54:36,791
Thanks, David.
00:00:03,772
David Perla, how are you this afternoon?
2
00:00:03,978 --> 00:00:05,739
Great, how are you Ted?
3
00:00:05,739 --> 00:00:07,450
Doing good, doing good.
4
00:00:07,450 --> 00:00:09,983
I'm excited about this conversation, man.
5
00:00:09,983 --> 00:00:20,772
I've been, ever since that Financial Times article came out and I learned about this whole
MSO model, I've been really excited to talk to you guys.
6
00:00:20,772 --> 00:00:23,114
And I think the audience is going to be really interested as well.
7
00:00:23,114 --> 00:00:25,105
So uh I'm excited.
8
00:00:25,856 --> 00:00:26,446
Well, thank you.
9
00:00:26,446 --> 00:00:27,966
We're excited also.
10
00:00:27,966 --> 00:00:36,534
The article really just explained what we've known for a long time and we've been focused
on for a long time in terms of our strategy.
11
00:00:36,534 --> 00:00:46,142
So we're thrilled that people are so engaged by it and so interested in it throughout the
tech world and in the legal world.
12
00:00:46,142 --> 00:00:48,184
So it's sometimes hard to unite those two.
13
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This seems to have gotten everyone's attention.
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So we're excited.
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for sure.
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For sure.
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And there's lots of reasons for that, that we're going to get into.
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But before we do, let's get you introduced.
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So I met you via Rob Soconi, who I've known for many, many years.
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He was, um, I think he was still possibly at TR when we met and, uh, I've been in the
legal internet game and extranet game for a long time and a, uh, a CEO.
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In Charlotte, a CIO at a law firm in Charlotte put me in touch with Rob and Robin Bob, his
partner, Bob Beach and said, you got to talk to this guy.
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um anyway, he, Rob put us in touch, which, which I appreciate.
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And, uh, I saw your article, in the financial times about Burford capital and some of the
interesting things you guys are doing there that we're going to talk about, but.
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Your background.
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you formally founded and led an ALSP.
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You're a former M and a lawyer, like fill in the gaps.
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Tell us a little bit more about your background and what you're doing today.
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Sure, happy to.
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So I was a former &A lawyer in New York City, corporate lawyer in the 90s, and then went
in-house.
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So the first 10 years of my career were spent private practice and then as an in-house
lawyer at a, at the time, very fast growing internet company called Monster.com.
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So I really lived the uh technology internet world in the 1.0 days of the internet.
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And in 04, I founded a company called Pangaea 3 with my best friend from law school.
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We raised the time, three rounds of capital.
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Ultimately, our final round was with Sequoia and built that business from two of us in a
room to 650 people around the world.
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And then we were acquired by Thomson Reuters in 2010.
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Stayed for two years, had actually a very, very happy time.
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We come from the legal world.
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So
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We actually enjoyed our time at Thomson Reuters, made a lot of friends, a lot of contacts.
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And then I did a fairly short stint for two and a half years as president of Bloomberg
Law.
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Really wanted to see what the information business was about, having led a services and
technology enabled business.
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I wanted to get into the information business.
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Did that until the end of 2016 and then was approached by Chris Bogart, our CEO.
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about coming on board to Burford in early 2018.
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And I've been here ever since, really in a variety of roles, all of which have been uh
market facing leadership roles at the company, culminating last summer and becoming vice
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chair at Burford.
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Very interesting.
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And I thought the article was extremely interesting.
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I have a, we talk about a lot about business models here on the show.
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And you know, the reason being, I think there are some natural friction points, we'll call
them in the current iteration of the law firm partnership model.
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You know, it's cash basis accounting and consensus driven decision-making and you know,
management.
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professional management, not always being properly or sufficiently empowered.
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Um, you know, the lack of R and D, all of these things that create friction towards
capital projects and just the mindset necessary to really kind of think about R and D.
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I don't feel like the law firm partnership model is really optimized for that.
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It's optimized for profit taking.
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So we, we, we talk a lot about it here.
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So I was particularly interested because I've been keeping a close eye on all the activity
that's happening around ABS in uh Utah and Arizona and Puerto Rico.
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And I recently learned also DC, um, which I thought was super interesting.
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So I think there's a really a lot, you know, that this isn't the whole ABS structure isn't
new.
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It just knew in, in the, in this country in
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You know, the UK, they've had the Legal Services Act for God, it's been, think, 15 years.
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Yeah.
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And not much has really changed over there as a result of that.
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But that was prior to Gen.
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AI and before the means of legal production really became, I guess, challenged.
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uh There are now new ways to tech enable legal service delivery.
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So I think there's a ton of interest in
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in the market around um this.
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So why don't we start off with, so when I read the article, it mentioned MSO and coming
from the tech world, immediately, that's a uh slightly different acronym, stands for
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managed service offering.
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um And what you guys are doing is it's a managed service organization.
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Why don't you tell us what that means?
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Sure, and it's not materially different than a managed service offering, right?
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The idea being that an organization is taking over a function for another organization.
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uh And as we look at law, Ted, we probably wanna just acknowledge at the law firm level,
there are all types of law firms.
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So while the capital structure is the same in the US in that they cannot take equity
ownership or equity interests from...
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non-lawyers, non-partners of the firm.
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uh There are firms that range from your am-law 20s that are hyper profitable and they're
large-er, right?
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uh The top 20 all have the worth of a billion dollars in revenue.
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They're all very, very profitable, all the way down to your one-person firm.
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So we tend to generalize a little bit, but as we talk, I'll probably highlight some of the
differences and why they're starting to matter.
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I do agree with you that technology, AI, and particularly generative AI are gonna change
the conversation.
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uh But as we think about it, the challenge in law is really twofold.
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Number one, law firms, to quote our Chief Investment Officer John Maloe, their capital
structure is like an ice cream truck.
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That's the analogy he uses, which is they have to be owned by
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the people who work in the business and they uh rely on their cash as their balance sheet,
as their means of capital, and they distribute out their cash to the end of the year.
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That's how the owners get paid.
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They can have revolvers, they can have debt facilities, but it's a fairly unsophisticated
capital structure.
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So that is definitely uh issue one.
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The second dynamic, and we can spend some time talking about this is,
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as a business goes, as an industry goes, it's incredibly fragmented.
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So I mentioned, your top 20 firms in the US all have a billion in revenue.
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If you add them all up together, it's still only a relatively modest size public company.
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uh
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billion for the AMLO 100.
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for the MLO 100, right?
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So how many companies in America have over 160 billion in revenue?
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And that's 100.
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That's not your top 20.
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That's your top 100.
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So it gives you a sense this is not a scaled industry.
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This is a very fragmented, unconsolidated industry, which makes it challenging to address
capital needs.
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And it makes it challenging for any firm on its own to drive industry change or adoptage.
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change.
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uh The MSO structure, to bring us back to where we started, the MSO structure uh is a
workaround.
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What you have today is in the vast majority of states, the only way a law firm can raise
money is from its partners.
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Let's put the ABS structure aside for a second, the structure we have in Arizona and a
variation in Utah.
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uh And those are somewhat limited because of ethics rules.
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to extent we want, can come back to that, but they don't really allow the firms to
practice nationally using an ABS structure.
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So the firm structure has to say the same.
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What the MSO structure really lets the firm do is it lets them take certain functions,
either what we think of as back office functions, or what I think of as the old middle
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office or ALSP functions.
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put those into a separate entity, enter into a contract with that entity, and then that
entity can raise capital anywhere it wants.
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So can raise capital from private equity.
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can, in theory, not yet in practice, but in theory, can raise capital from the public
markets.
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It can do debt.
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It can issue bonds.
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It can really do whatever it wants, subject to whatever the...
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the capital markets are gonna demand in terms of the instrument or in terms of the return
on that investment.
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So it is really a vehicle to let law firms disintermediate the work that they do and take
the non-practice of law elements of law firms.
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send those to a managed service organization and let that organization raise money in ways
that the law firm itself couldn't raise money.
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And that's all it's really doing.
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It's been done in healthcare before, it's been done in other industries, and it is a, in
my mind, a natural evolution from what law has been going through anyway with ALSPs and
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with outsourced technology providers.
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So the idea of law being disintermediated or
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or being broken up into its constituent parts is not new.
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It's been going on for decades.
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This is the first time that people are saying, why don't we use this to raise money and
scale the business?
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And there's any number of reasons why a firm will want to do that.
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And I assume this essentially bypasses the restrictions around model rule 5.4, non-legal
ownership.
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So is that accurate?
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That's accurate.
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So 5.4 for people who aren't versed in the ethics rules, and I hope most people aren't, uh
rule 5.4 basically says that a lawyer cannot share fees with a non-lawyer.
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And what this structure allows is it allows the lawyer to uh move functions that were
previously done by the lawyer or by the firm to a different entity, entering into an
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arrangement.
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could be a fixed price arrangement, could be a cost plus arrangement.
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It could be an arrangement that is based on the revenue of the firm.
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What it can't be is directly based on the profits or profitability of the law firm.
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But there's a lot of creativity around how you can structure the pricing that an MSO gets
from a law firm, enters into that relationship, and the MSO can then raise capital.
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And the law firm itself, by the way, the money can flow up into the partners of the law
firm because the law firm can start out as the owner of the MSO or a part owner in the
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MSO.
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Really, it can do anything it wants.
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The MSO is a non-law firm entity.
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And so any restrictions that apply to law firms don't apply to the MSO with a big
exception.
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The law firm's relationship with the MSO is, of course, still governed by ethical rules.
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rules around confidentiality, rules around privilege, rules around fee sharing.
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So those apply, but the MSO itself is unconstrained by rules around capital ownership.
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Okay, interesting.
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one thing that came to mind when I was reading the article is the similarities or
differences with ALSPs.
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So can you kind of help differentiate those two?
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Of the easiest way to understand the difference is what most people mean when they say an
MSO versus an ALSP is defined by the functions of the organization as opposed to the
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structure or as opposed to the relationship.
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So historically, when we talk about an MSO, we're talking about functions that we think of
as back office.
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So that's technology.
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finance, uh HR, marketing, uh oftentimes compliance, risk management, and in some cases,
like uh strategy and business management, sort of growth initiatives.
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Those are your typical kind of back office as opposed to the practice of law at a law
firm, right?
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The things I did when I was at a big law firm, the things I did even when I was in-house.
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If we think about an ALSP, the functions we think about are more
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quasi-legal or high-volume legal in nature, as opposed to back office.
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So back office I might refer to in the old days as business process outsourcing.
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ALSPs are legal process outsourcing.
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So you can do what 30, 40 years ago we thought of as legal work is now being done at ALSPs
under the umbrella supervision uh of a lawyer at either a law firm or an in-house
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department.
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document review, contract drafting, uh legal research, contract lifecycle management, ah
the legal elements of compliance.
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And then as you work your way down the value chain, all sorts of other functions that are
not back office in nature, they are more vertically integrated into the practice of law.
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The things that an associate might have done 30 years ago,
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that an ALSP started taking on 20 and 15 years ago, you could put those in an MSO easily.
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And as long as they're supervised by a lawyer, the MSO could do both back office work and
that quasi legal work.
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We tend to use the acronyms to describe the difference in the work being done.
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I see.
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our first venture, so InfoDash has been around since January, 2022, so about three and a
half years.
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For the 14 years prior to that, we were a company called Acrowire and we were consultants
and I'm a former Microsoft guy and I had uh skills and expertise in that domain.
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And we decided to jump down the legal uh rabbit hole and our first client
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they no longer exist was a default services firm in 2008.
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So as you can imagine, 2008 default services was a very hot area of practice.
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There were lots of foreclosures in 2008, 2009, and they used a, they called it a BPO in
India that did a lot of the administrative tasks related to
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which of which there are plenty in the default services practice.
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They outsource that to a much lower cost geography and maintained a ton of efficiencies
and that firm grew fraud.
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You know, it wasn't a big firm to begin with, but they started off with about 50 employees
and ended up with 400 in 18 months.
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So 8X growth in 18 months.
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Pretty
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pretty amazing.
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And we went in there and I'm also a lean Six Sigma black belt and we helped them, um, map
out all of their processes within default services and structure it like an assembly line
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where we physically sat each group in close proximity.
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And they had, um, they literally ran this like a manufacturing facility.
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They had monitors
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installed.
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We had them install monitors with control charts and bottleneck.
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could see where bottlenecks were in the process.
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Yeah, it actually got wrote up by the ABA journal, maybe 2010, 2011 timeframe.
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So that was well ahead of its time.
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And I'll be honest with you, I have not seen that really happen since to that extent where
a law firm was really built like that.
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Do you guys come and bring that level of rigor and expertise as well, or is it more ad hoc
based on how the firm operates?
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Does an MSO, when you say you guys, mean an...
195
00:18:22,744 --> 00:18:32,931
Right, so Burford just took a minority interest in Kindleworth in the UK, which helps law
firms spin out of larger law firms and helps them manage.
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So it's a part consultancy, part MSO.
197
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It remains to be seen, we're not planning on being active managers of Kindleworth.
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It is its own business.
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That said, uh an MSO...
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can be as process involved as the client needs or wants, or as non-process involved.
201
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It could take over an existing function and simply run that function on a contract basis,
or it can transform the function.
202
00:19:05,423 --> 00:19:14,485
The way uh ALSPs historically grew, they started by nothing more than labor arbitrage.
203
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It was less expensive to do the work offshore or in
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less expensive domestic jurisdictions.
205
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What happened very quickly is clients came along and said, can you make our processes more
efficient?
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So my old business, Pangia 3, while document review in India and then in Texas where we
had a facility which cheaper, the magic of that business and the way we really scaled the
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business and the way clients gave us business was we actually adopted Lean Six Sigma
principles.
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So we had
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We had our document review done in pods, which was stolen, literally stolen from
manufacturing.
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00:19:52,822 --> 00:19:58,668
Like pod document review was a lift from things we were reading because we were all
training in Six Sigma.
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uh What we think will happen with MSOs is they will uh be used to raise capital and
they'll also help law firms implement
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all of the technologies that law firms today are looking at and considering and in some
respects, if not struggling with, they're unsure of what to do with all the new
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technology, not the least of which is artificial intelligence and agentic AI.
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ah So we think that value chain is coming.
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It's not quite there today.
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That is driven by the fact that MSOs today have not been widely adopted.
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yet we're in the very early days of what's happening in the US in particular.
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The UK is different because in the UK you have the ABS structure, so you don't necessarily
need the MSO in order to raise capital for a law firm.
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What's interesting for us, if you look at our Kindleworth transaction, the firms that
they've helped spin out and stand up and help them grow are actually firms that
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that aren't using outside capital.
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So they are in fact using them as an MSO in the way that we think about it in the United
States.
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They're not using it because they wanna raise capital, they're using it to take a function
and to have someone who's better suited to it manage it.
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And that's where we think the profession's heading with the benefit that law firms will be
able to raise capital and importantly,
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Derisk financially so the law firm, you know, one of the challenges of the law firm It's
not merely raising capital if you're a partner to law firm It's tricky enough that if you
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want to invest in R &D after you use only your own cash flow But if that project goes the
wrong way Your capital is wholly at risk and you can't you can't diversify the risk in a
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way that an MSO or any other outsourced provider an info-
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right, or a Pangea 3, can diversify that risk in the same way, by the way.
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Burford, litigation finance provider, we diversify risk on behalf of clients and law firms
who otherwise are taking uh unique idiosyncratic litigation risk.
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We're diversifying it by definition because we have a broad portfolio of litigation in
which we invest, where by definition diverse
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in a way that uh even a plaintiff law firm can't be nearly as diversified because they
only have their own clients or their own cases.
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So I think that's what's happening with MSOs, but we're in the very early days.
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So, if it sounds like it's fairly customized based on the situation, is that accurate?
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I think there are customizations.
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It really depends on the firm.
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uh Certain functions are going to be highly customized and certain functions I think will
be less customized.
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So, you know, I'll give you an example.
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think as you, you know, firms today, their finance functions, they may run differently,
but that doesn't need to be terribly customized.
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The way a firm does its accounting, you it's controller's office.
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its treasury function, right?
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It's subscale, but it's not terribly custom.
241
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How it undertakes contract drafting.
242
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Let's use that as an example.
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If we move up the value chain and firms decide they want to start moving contract drafting
down to an MSO.
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So lots of ALSPs draft contracts on behalf of either law firms or in-house departments.
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It's totally ethical.
246
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Every one of those ALSPs has opinions on that.
247
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It's widely done.
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A law firm could do the same thing.
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Just as a law firm today can use a non-lawyer to draft a contract as long as it's
supervised or can use a non-lawyer to write briefs, that is going to be much more
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customized if and when that work goes to an MSO.
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That's going to be more uh custom to a given law firm based on its partners, based on the
type of clients it has.
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So I think it's going to depend.
253
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Are we talking about back office work or are we talking about this quasi-legal
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what used to be associate work.
255
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I give you another example.
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There are litigation firms today, big prestigious litigation firms that have huge staffs
of non-lawyer professionals that are employees that are doing the same type of work that
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associates do.
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They're being billed out by the hour and they're being supervised by associates and
partners of the law firm.
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And no one suggests that's unethical.
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as long as it is under the rubric of a lawyer is supervising it, that could be done in an
MSO.
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So even law firms that don't today have an MSO can easily, the old days, we call that lift
and shift.
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You can take those people, take their function as it's being done, move it to a different
corporation.
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That corporation can then be capitalized with private capital in a way that the law firm
cannot.
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then what's kind of the size and shape of the law firms that are best aligned to the model
of MSO that you guys are bringing to the market?
265
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Yeah, it's a great question.
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And I think of it in three ways.
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I think there are three types of law firms as opposed to kind of there's one size and
shape.
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I think there's three styles of law firm that are gonna be your adopters over the next
three to five years.
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uh Number one, you do have large multi-practice or large single practice, particularly
litigation firms that could easily go this route.
270
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uh
271
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What types of firms am talking about?
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Firms that today already have structures that don't look as traditional.
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They've either already built outsourced centers, there plenty of firms that have
outsourced centers that have had them for decades.
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Firms that have, you know, staffs that are non-lawyer already doing quasi-legal work.
275
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Firms that work with ALSPs.
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And you have firms all the way into the the Amelaw 20 that look like that, that if they
chose to do an MSO structure, they're well suited to do that, as opposed to firms that do
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everything with their partners and their associates.
278
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The second type of firm is sort of the easiest to understand.
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And there are a few of them.
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Those are your distributed law firms, your virtual law firms.
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And so we saw Ramon Law, which was
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kind of the most well-known of the virtual law firms spun out its MSO, Nova Law, and Nova
Law was capitalized and purchased by Alpine, a private equity investor.
283
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So you have other law firms like that.
284
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You have Fisher-Broyles, you have Pearson-Ferdinand.
285
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These are firms that have no official headquarters, have no official offices.
286
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They're scaled and or scalable.
287
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I think you'll have a lot more of these firms.
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They're well-suited.
289
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because they're built with an MSO already in place as their back and middle office.
290
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That's how the whole firm is structured.
291
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The third type of firm are the law firms that practice in areas that already have large
elements of the practice having been disintermediated or having functions that already are
292
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not being handled by lawyers.
293
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And so who falls in that category?
294
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uh Employment law, immigration law, family law.
295
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So not just divorce, things like adoption, you form heavy things.
296
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uh Things like...
297
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right?
298
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I said default services, oh intellectual property.
299
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IP, particularly high volume IP, as opposed to complex patent infringement litigation,
patent prosecution.
300
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We were doing claims charts and application drafting in India as far back as 2005.
301
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So clearly, lots of firms outsourced that work already.
302
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uh And then,
303
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The type of work we don't tend to get involved in at Burford, but things like mass tort
and things like personal injury, where uh the lawyers are seen if something goes to trial
304
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or when it goes to trial, but a vast amount of the work is done by non-lawyers or done by
companies that aren't today part of the law firm.
305
00:28:53,938 --> 00:29:00,742
So if you look at a mass tort law firm, a mass tort law firm often has a staff
306
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of people that are not lawyers that vastly exceed the number of lawyers at the firm.
307
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And even then it's a pyramidal structure between the people who own the firm and the
income or employee lawyers of those firms.
308
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They can also move to an MSO.
309
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So I think you'll see that.
310
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But if you look, I'll give you an example.
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Look at employment, traditional employment law, defense or plaintiff side.
312
00:29:26,418 --> 00:29:30,778
But let's talk about the defense, because everyone thinks that all this is only an app on
the plaintiff side.
313
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Littler Mendelson was one of the most innovative firms when it came to technology 15 and
20 years ago.
314
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They have been disintermediating the non-contentious side of their practice for decades
such that the partners are really expert in employment law.
315
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Anything you want to know about US employment law, they know how to do and they've
represented us when I was at Pangea 3.
316
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But they have
317
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hire teams of people who do other things who aren't lawyers that can easily be stripped
out of the law firm and capitalized differently.
318
00:30:08,570 --> 00:30:18,564
And lots of firms have that today that operate in these types of law where you don't have
to the lawyer doing all of the work vertically.
319
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Yeah.
320
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So a good, so the, the average ratio in the AmLaw 100 lawyer to staff is right at two.
321
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And whenever that ratio is higher, I would imagine that's where, you know, like a fragman
is a good example that does immigration work.
322
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think they're like seven X right.
323
00:30:41,446 --> 00:30:44,918
Seven employees to each, um, each lawyer, right.
324
00:30:44,918 --> 00:30:48,391
That, that, that seems like that would be a leading indicator for you.
325
00:30:48,564 --> 00:30:49,674
I think that's right.
326
00:30:49,674 --> 00:30:51,436
if you think, we didn't talk about this.
327
00:30:51,436 --> 00:30:59,463
Fragment is probably the number one management side immigration firm in the world,
certainly in America.
328
00:30:59,523 --> 00:31:05,358
And that stands to reason that they don't need lawyers to be doing everything.
329
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So it's literally a half step to then say they can take all of that.
330
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You can probably take some of the lawyer work too and move that into an MSO and enter into
331
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some sort of a pricing arrangement that would let the MSO raise capital.
332
00:31:22,443 --> 00:31:36,027
The nice thing about that is not only does it you raise capital, it lets you think about
succession planning in a way that is very difficult for a lot of these firms where you
333
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have a limited number of partners at the top of the equity and they're trying to figure
out how do they transfer, I don't want to say that wealth, how do they transfer that
334
00:31:45,670 --> 00:31:47,558
future earnings power?
335
00:31:47,558 --> 00:31:50,099
over time to the next generation?
336
00:31:50,718 --> 00:31:52,003
How do you do that?
337
00:31:52,003 --> 00:31:59,691
And how do they make sure they keep earning and get benefit for having built all that?
338
00:31:59,691 --> 00:32:03,684
Very difficult to do if the only way to do it is through the law firm itself.
339
00:32:03,903 --> 00:32:04,343
Yeah.
340
00:32:04,343 --> 00:32:07,224
Well, I'm to give you a plug here for InfoDash.
341
00:32:07,224 --> 00:32:16,406
So we have a extra net offering that has recently launched and we are primarily primary
competitor in that space is Haikyuu.
342
00:32:16,546 --> 00:32:31,170
That's also owned by Thomson Reuters and Haikyuu's strength in their early days was their
ring fenced, isolated, very well controlled cloud infrastructure.
343
00:32:31,451 --> 00:32:33,431
And over time,
344
00:32:33,855 --> 00:32:41,078
that strength has become what I see as a potential friction point because getting data in
and out is hard.
345
00:32:41,079 --> 00:32:45,381
It was kind of designed that way when firms were not comfortable with the cloud.
346
00:32:45,381 --> 00:32:47,962
Firms are comfortable with the cloud now.
347
00:32:47,962 --> 00:32:53,004
And so we designed our solution to get deployed in their environment.
348
00:32:53,024 --> 00:32:58,947
And that opens up all sorts of new doors for mass tort and multi- uh
349
00:32:59,637 --> 00:33:08,690
D L multi district litigation and the ability to expose all of this back office data to
the clients.
350
00:33:08,690 --> 00:33:11,480
That's very hard to do with traditional extra nets.
351
00:33:11,480 --> 00:33:13,331
Very easy to do with us.
352
00:33:13,331 --> 00:33:20,853
So maybe offline we should chat about, about that because that's, that's an area of focus
for us.
353
00:33:21,573 --> 00:33:22,453
Yeah.
354
00:33:22,493 --> 00:33:28,523
Well, um, let's talk a little bit about, uh, ABS is themselves and, uh you know, it, it
made
355
00:33:28,523 --> 00:33:38,103
big news when KPMG got admitted or licensed by the Arizona Supreme Court in, I think it
was February.
356
00:33:38,363 --> 00:33:53,703
And I thought it was a very interesting move, not very easy to anticipate, you know, they
have 200 and KPMG is the smallest of the big four.
357
00:33:53,943 --> 00:33:56,470
have like 275,000 employees.
358
00:33:56,470 --> 00:33:58,241
They have 4,000 lawyers.
359
00:33:58,241 --> 00:34:01,693
have 45-ish billion in revenue.
360
00:34:01,693 --> 00:34:04,684
They're the smallest of the big four, by the way.
361
00:34:04,944 --> 00:34:12,888
They would be an Amlaw 20 firm, maybe even Amlaw 10, if you spun out just that group of
lawyers.
362
00:34:13,149 --> 00:34:20,632
And I have seen a surprising, um I guess, lack of urgency.
363
00:34:20,632 --> 00:34:25,595
um maybe complacency is too strong of a word.
364
00:34:25,803 --> 00:34:34,003
It doesn't seem that this is really that law firms are too worried about this new model
potentially competing with them.
365
00:34:34,003 --> 00:34:37,083
you know, this is just the first step in that process.
366
00:34:37,083 --> 00:34:47,943
So I think there's a ton of interest, but what are your thoughts of this new ABS model and
what the implications are for the traditional law firm model?
367
00:34:48,852 --> 00:34:54,787
Yeah, so I think the the ABS model in my mind is interesting, but it's untested.
368
00:34:54,787 --> 00:35:02,033
And if it stays in Arizona, I don't think it's going to be transformative.
369
00:35:02,033 --> 00:35:08,218
And I think that's why the large firms, even some of the small firms are taking a wait and
see approach.
370
00:35:08,218 --> 00:35:11,541
And in that respect, the large firms aren't wrong.
371
00:35:11,541 --> 00:35:18,472
think the midsize and small firms are wrong to wait and see because a KPMG or an EY for
them.
372
00:35:18,472 --> 00:35:31,688
So my old company, which was bought by Thomson Reuters, was then sold to EY and is now EY
Law, which I think give or take has 3,000 people doing just the, doing high volume law,
373
00:35:31,688 --> 00:35:31,988
right?
374
00:35:31,988 --> 00:35:32,888
ALSP.
375
00:35:32,888 --> 00:35:45,153
uh That type of work will displace your midsize and smaller firm kind of localized work,
your lower value work, your lower cost work.
376
00:35:45,153 --> 00:35:47,638
uh But the EBS itself,
377
00:35:47,638 --> 00:36:01,063
Given that it's restricted to Arizona and given the ethical rules in the major commercial
states in the United States, California, New York, Florida, Texas, Illinois, Delaware, it
378
00:36:01,063 --> 00:36:17,270
is unlikely that using an Arizona ABS could allow KPMG or anyone else, Burford, any other
player in the industry, unlikely it would allow them to create a national level law firm
379
00:36:17,270 --> 00:36:24,490
of high caliber elite type lawyers to compete with the Amla 200s.
380
00:36:24,490 --> 00:36:37,230
So what I think can happen, and that's why I think you're seeing the interest in the MSOs,
is an existing set of lawyers could scale quickly using an MSO structure.
381
00:36:37,230 --> 00:36:45,238
So in my mind, KPMG, it may be a canary in a coal mine, but it's not a canary in a coal
mine for a...
382
00:36:45,238 --> 00:36:52,078
the big four suddenly having giant law firms and becoming an Amlaw 20 or an Amlaw 50.
383
00:36:52,078 --> 00:37:00,118
It's a canary in a coal mine for law is in a disrupted and disruptible stage.
384
00:37:00,358 --> 00:37:10,510
And the other canary in a coal mine is private equity starting to get very interested and
finding ways to...
385
00:37:12,726 --> 00:37:16,666
buy economic interests in the success of law firms.
386
00:37:16,666 --> 00:37:18,266
And I've chosen that carefully.
387
00:37:18,266 --> 00:37:21,346
They're not buying into law firms, not buying into the equity, right?
388
00:37:21,346 --> 00:37:33,946
We own a minority interest in a firm in Britain via the ABS structure, but by buying a
position in Kindleworth, not only do we get to help out law firms that are clients of
389
00:37:33,946 --> 00:37:38,226
ours, but we also get to expose...
390
00:37:38,314 --> 00:37:46,201
what we do to those clients and as we broaden what we offer, we get in front of those
clients, those law firm clients of a Kindle worth.
391
00:37:46,201 --> 00:37:59,752
And so I think what we're gonna see, if I had to make a prediction, I think the MSO
structure is going to be the structure that really takes off unless there's the unlikely
392
00:37:59,752 --> 00:38:07,038
event that one of the commercial states liberalizes its law firm ownership rules either
with.
393
00:38:07,280 --> 00:38:10,955
a change to rule 5.4 or by adopting ABSs.
394
00:38:10,955 --> 00:38:13,518
But all evidence is that they're not going to do that.
395
00:38:14,059 --> 00:38:16,599
Well, you know, that's interesting.
396
00:38:17,619 --> 00:38:30,999
It is a protectionist mechanism that really does create a bit of a moat for competition
and capital.
397
00:38:31,459 --> 00:38:34,199
there is a vested interest.
398
00:38:34,299 --> 00:38:43,829
I'm of the opinion that as this technology, as generative AI really starts to move its way
up
399
00:38:43,829 --> 00:38:49,842
the complexity spectrum in its capabilities and the type of legal work that it can
accommodate.
400
00:38:50,303 --> 00:39:04,660
I think that that is going to be a driving force in motivation where I think it's the
actual lawyers themselves who are going to, not just the consumer or the regulators or
401
00:39:04,660 --> 00:39:09,333
whoever, um there are benefits.
402
00:39:09,333 --> 00:39:13,795
So as a software company, if we were to sell our business today,
403
00:39:13,931 --> 00:39:18,351
we'd get anywhere from 6 to 10x revenue.
404
00:39:18,971 --> 00:39:23,531
A traditional business sells for 3 to 5 times EBITDA.
405
00:39:23,851 --> 00:39:42,403
So very different math and economics that ultimately, if a law firm built a tech-enabled
captive entity or sister organization that had a
406
00:39:42,508 --> 00:39:51,068
a legal, a tech enabled legal, uh legal services delivery machine um that over time will
be more viable.
407
00:39:51,068 --> 00:39:57,615
I think that that's going to be, create a natural tension on those rules.
408
00:39:57,615 --> 00:39:58,075
I don't know.
409
00:39:58,075 --> 00:40:00,316
you, what are your thoughts on that?
410
00:40:00,346 --> 00:40:02,147
I totally agree with that.
411
00:40:02,327 --> 00:40:05,988
Although I don't think the tension with the rules is going to be the challenge.
412
00:40:05,988 --> 00:40:10,309
I think the challenge is going to be managing the disruption at the law firm.
413
00:40:10,309 --> 00:40:14,970
The rules as they exist today, it's not optimal, but it's fine.
414
00:40:14,970 --> 00:40:19,512
It's the same way it was fine when I started my business 21 years ago.
415
00:40:19,512 --> 00:40:26,834
uh We knew what we were doing was ethical and we heard all the, you know, this is the
unauthorized practice of law.
416
00:40:27,134 --> 00:40:27,894
None of it held up.
417
00:40:27,894 --> 00:40:31,134
We have, everyone had opinions from the best ethical scholars.
418
00:40:31,134 --> 00:40:35,054
were no bar association ever brought a claim.
419
00:40:35,054 --> 00:40:38,494
No one ever actually suggested what we doing was the unauthorized practice.
420
00:40:38,494 --> 00:40:40,494
I think the rules won't get in the way.
421
00:40:40,494 --> 00:40:46,454
I think to your point, there's going to be a groundswell of demand from the client side.
422
00:40:46,454 --> 00:40:51,094
Clients saying, forget, I don't want to pay by the hour.
423
00:40:51,094 --> 00:40:53,594
They're going to say, here's what I calculate this costs me.
424
00:40:53,594 --> 00:40:57,454
So Burford, we have budgets for everything we finance.
425
00:40:58,132 --> 00:41:03,385
Whether the law firm is charging by the hour or the law firm is doing on contingency, it's
budgeted.
426
00:41:03,826 --> 00:41:10,170
So clients already are demanding budget, irrespective of the fact that the budget is based
on an hour.
427
00:41:10,310 --> 00:41:20,417
Over time, they're going to demand that the cost of the services comes down because
they're going to say, you can do that using some form of technology that didn't exist five
428
00:41:20,417 --> 00:41:21,338
years ago.
429
00:41:21,338 --> 00:41:27,540
Now, will it impact the &A practice at Cravath?
430
00:41:27,540 --> 00:41:32,910
you know, or the litigation practice at Wachtell or Simpson Thatcher, I doubt it.
431
00:41:32,910 --> 00:41:43,699
uh That's at a different level where you are paying for the judgment and the elite skills
of the litigators or the lawyers on the transactions.
432
00:41:43,699 --> 00:41:55,525
But just about everywhere else, you're gonna see pieces of what today are done by
associates or partners that can be done by technology and can probably be done by
433
00:41:55,525 --> 00:41:57,110
technology at
434
00:41:57,110 --> 00:42:00,850
a non-law firm and the clients are going to demand that.
435
00:42:01,090 --> 00:42:11,870
When, you know, somewhere from right now to the next three to five years and we're seeing
it, the reality is if you talk to the companies in the legal world, the legal AI world,
436
00:42:11,870 --> 00:42:14,710
the legal technology world, they're all growing.
437
00:42:14,710 --> 00:42:16,190
They all have clients.
438
00:42:16,330 --> 00:42:24,110
They have clients at in-house that are going directly to them and they have law firms
coming to them saying, my clients are pushing me.
439
00:42:24,394 --> 00:42:27,575
help me deliver my services in a different way.
440
00:42:27,575 --> 00:42:33,297
And then those firms are turning to their business leaders and saying, help us reprice.
441
00:42:33,297 --> 00:42:34,837
So that's happening.
442
00:42:34,837 --> 00:42:37,048
I don't think the ethics rules are going to stand in the way.
443
00:42:37,048 --> 00:42:52,662
think if anything, uh if you spend time with the ethics experts, the scholars, and I spent
a lot of time talking to them, their view is at the end of the day, even where someone is
444
00:42:52,662 --> 00:42:58,022
pushing on the edge of the ethics rules, disruption happens in law.
445
00:42:58,022 --> 00:43:12,222
And that is my experience as someone who built, ran, and sold an ALSP to a more
traditional technology provider, that what sounded like it was pushing up against the
446
00:43:12,222 --> 00:43:20,630
ethics rules when we formed the company in 2004, today seems almost plain vanilla.
447
00:43:20,630 --> 00:43:31,050
It's not controversial in the least that you would undertake the services offshore or
outside of a law firm or a legal department that an ALSP undertakes.
448
00:43:31,050 --> 00:43:33,450
So I think the ethics rules won't hold back.
449
00:43:33,450 --> 00:43:35,890
There'll be demand at the client side.
450
00:43:35,970 --> 00:43:43,650
you know, ultimately, I think you'll see some convergence when law students come into
firms with these skills.
451
00:43:44,410 --> 00:43:50,830
And that'll be really interesting, Ted, when you have law students who show up and say,
wait a second.
452
00:43:50,890 --> 00:43:54,341
This doesn't make sense to ask me to draft like this.
453
00:43:54,341 --> 00:44:06,296
The way I'd learned how to draft a contract, I can learn just as easily by doing it with
technology and it will take 10 % of the time.
454
00:44:06,777 --> 00:44:10,778
So now the firm has to say, well, how do we reprice that?
455
00:44:11,619 --> 00:44:13,399
What's the value of that?
456
00:44:13,399 --> 00:44:16,901
Where does it fall within and how do we train the lawyer to do other things?
457
00:44:16,901 --> 00:44:18,482
That's happening now.
458
00:44:18,482 --> 00:44:20,142
Those conversations are happening.
459
00:44:21,001 --> 00:44:21,251
Yeah.
460
00:44:21,251 --> 00:44:29,513
And you know, I've, I've, I've heard some interesting arguments around the ethics and
technology.
461
00:44:29,513 --> 00:44:34,415
Like, you know, is chat GPT engaged in UPL, right?
462
00:44:34,415 --> 00:44:38,646
If, if I, I use it all the time for legal tasks.
463
00:44:38,646 --> 00:44:47,578
In fact, the last six months I've been running that's got close to nine months now, since
the beginning of the year, I started running all of my, all of my legal tasks at my little
464
00:44:47,578 --> 00:44:51,145
small business, in parallel.
465
00:44:51,145 --> 00:44:55,298
with my lawyers and I've been really impressed.
466
00:44:55,298 --> 00:45:02,402
But you know, when I run my operating agreement and ask for a risk analysis, um, is that
UPL?
467
00:45:02,603 --> 00:45:11,249
And then a good follow on question is there are many, well, I don't know about many, there
are some AI companies out there.
468
00:45:11,249 --> 00:45:20,435
I don't know if you've ever heard of builder.ai, but they had people, they presented
themselves as an AI company and they had people in India.
469
00:45:20,566 --> 00:45:21,019
Yeah.
470
00:45:21,019 --> 00:45:36,705
what happens with that if you have a legal application platform that presents itself as if
technology is delivering the output, but it's actually people behind the scenes, is that
471
00:45:36,705 --> 00:45:37,285
UPL?
472
00:45:37,285 --> 00:45:41,422
And that picture gets real messy real fast, don't you think?
473
00:45:41,422 --> 00:45:44,283
It gets real messy, real fast.
474
00:45:44,283 --> 00:45:51,605
this is world legal zoom has been operating in for 20 years, know, and pushing back and
kudos to them.
475
00:45:52,265 --> 00:46:03,968
I admire what they've done because they've really, uh in many ways, democratized law in a
way that, why would you pay a lawyer, why should someone pay a lawyer hundreds or
476
00:46:03,968 --> 00:46:10,750
thousands of dollars for what is basically filling out forms with a little bit of
expertise, right?
477
00:46:11,182 --> 00:46:25,230
I guess my real reaction is in the same way that, you know, sort of, um, turbo tax is no
more engaged in the unauthorized practice of tax law.
478
00:46:25,230 --> 00:46:35,376
I feel like I can understand this argument intellectually, but to me, and I, and I do
understand it and I, I like it for the philosophical elements of the debate.
479
00:46:35,436 --> 00:46:38,474
But when someone actually says to me this, you know,
480
00:46:38,474 --> 00:46:41,836
you know, well, I think the AI tools are engaged in UPI.
481
00:46:41,836 --> 00:46:45,598
It's the last vestige of people who want to keep the world the way it is.
482
00:46:45,598 --> 00:46:49,640
The AI genie is way out of the bottle.
483
00:46:50,101 --> 00:46:53,953
you know, uh we have it enterprise-wide.
484
00:46:53,953 --> 00:46:57,885
It's all in a container at Burford, so everything is confidential and everything is safe.
485
00:46:57,885 --> 00:47:02,197
But we expect our people to look to GPT.
486
00:47:02,197 --> 00:47:03,428
We expect them to be on it every day.
487
00:47:03,428 --> 00:47:04,308
I'm on it every day.
488
00:47:04,308 --> 00:47:05,566
uh
489
00:47:05,566 --> 00:47:09,428
you know, our heads of every unit are on it every day.
490
00:47:09,428 --> 00:47:13,270
So I don't think we're putting the genie back in the bottle.
491
00:47:13,270 --> 00:47:24,306
And while I love the discussion uh from an intellectual standpoint, when someone comes
along and says, well, this is a real problem, we have to study it, usually they just are
492
00:47:24,306 --> 00:47:29,028
looking for a way to slow down change that everyone knows is coming.
493
00:47:29,419 --> 00:47:30,159
100%.
494
00:47:30,159 --> 00:47:31,390
I completely agree with you.
495
00:47:31,390 --> 00:47:35,521
it's not only is it coming, it's, it's inevitable.
496
00:47:35,521 --> 00:47:43,773
Like the market is going to demand these efficiencies and um we're going there, whether we
like it or not.
497
00:47:43,773 --> 00:47:49,364
So you can go kicking and screaming or you can, you can lead the pack.
498
00:47:50,165 --> 00:47:52,436
one final question for you, cause we're almost out of time.
499
00:47:52,436 --> 00:47:57,007
You, you've had a nice kind of cross-sectional view as I have.
500
00:47:57,007 --> 00:47:57,987
in my,
501
00:47:58,028 --> 00:48:00,249
17 years and working with law firms.
502
00:48:00,249 --> 00:48:02,991
We've worked with over 110 AM law firms.
503
00:48:02,991 --> 00:48:06,313
That's when I stopped counting because counting gets tricky.
504
00:48:06,313 --> 00:48:11,237
Like when you have two firms that merge, is that three or is that one now?
505
00:48:11,237 --> 00:48:13,498
So anyway, I quit counting.
506
00:48:13,498 --> 00:48:16,700
It's more than half, I'll say.
507
00:48:17,300 --> 00:48:28,147
What are you seeing as leading indicators for the firms that are going to come out the
other side of this transformation?
508
00:48:28,171 --> 00:48:29,391
successful.
509
00:48:29,391 --> 00:48:42,711
Are there any things like types of activities like you know we saw Cleary by Springbok and
you know you've got um you know Wilson Sincini built Neuron and Cooley and Go and you know
510
00:48:42,711 --> 00:48:53,011
there's um Cypharth has Cypharth Lean and you know there's lots of little interesting
moves here and there but just kind of in broad brushstrokes without getting specific firm
511
00:48:53,011 --> 00:48:54,751
specific like are there any
512
00:48:54,751 --> 00:49:00,383
moves that you see certain firms making that you say, wow, you know what, I think that's a
leading indicator to success.
513
00:49:00,478 --> 00:49:02,098
think there are a few.
514
00:49:04,074 --> 00:49:05,754
Maybe I'll talk about three real quickly.
515
00:49:05,754 --> 00:49:06,825
One is our own business.
516
00:49:06,825 --> 00:49:15,507
So firms that approach us and want to discuss how legal finance can help them because
they're trying to build new practice groups.
517
00:49:15,507 --> 00:49:28,601
So the best example is historically defense side, large national firms that have strong
litigation practice, but want to be able to offer creative solutions and creative pricing,
518
00:49:28,601 --> 00:49:32,822
particularly contingency in a way that they never have and come to us.
519
00:49:32,822 --> 00:49:39,562
in ways that 10 years ago they wouldn't That is usually a leading indicator that change is
afoot.
520
00:49:39,562 --> 00:49:41,162
I think there are two other things.
521
00:49:41,162 --> 00:49:45,742
One, what are the activities those firms are undertaking?
522
00:49:45,742 --> 00:49:47,662
What technologies are they buying?
523
00:49:47,662 --> 00:49:51,962
You mentioned Cleary, and I'm gonna come back to Cleary in second.
524
00:49:53,442 --> 00:49:59,142
Oreck, 20 years ago, Oreck had built a facility in Wheeling, West Virginia.
525
00:49:59,882 --> 00:50:02,634
I think it was White and Case had a facility in the Philippines.
526
00:50:02,634 --> 00:50:03,455
to do their back.
527
00:50:03,455 --> 00:50:15,071
These are indicators of a firm that's thinking differently, that's sort of nimble, they're
asking questions that are institutionally trying to find different ways of running their
528
00:50:15,071 --> 00:50:16,842
business, right?
529
00:50:16,842 --> 00:50:18,983
To generate more profit, right?
530
00:50:18,983 --> 00:50:23,926
That's not the worst motivator in the world to do that, but they're trying to find new
solutions.
531
00:50:23,926 --> 00:50:25,207
The other is people.
532
00:50:25,207 --> 00:50:26,458
And I said I mentioned clear.
533
00:50:26,458 --> 00:50:30,592
If you look at who Clear is hired, I'm friends with a lot of those people, right?
534
00:50:30,592 --> 00:50:37,726
Cleary has, you know, for an old line Wall Street firm, Cleary has gone out and said, we
want to hire really innovative people.
535
00:50:37,726 --> 00:50:40,347
Look at who Brad Carp at Paul Weiss has hired.
536
00:50:40,347 --> 00:50:42,348
uh Simpson Thatcher.
537
00:50:42,348 --> 00:50:44,209
They've gone out and hired people.
538
00:50:44,209 --> 00:50:47,060
This is not window dressing, the people they're hiring.
539
00:50:47,060 --> 00:50:54,793
They're paying a lot of money to hire people to pull them out of usually technology firms
or...
540
00:50:54,793 --> 00:50:57,109
We're seeing people move from McKinsey to law.
541
00:50:57,109 --> 00:50:58,834
It's mind blowing.
542
00:50:58,834 --> 00:51:00,476
Right.
543
00:51:00,476 --> 00:51:02,177
It's mind blowing, yet it's not.
544
00:51:02,177 --> 00:51:12,954
The firms are putting their money where their mouth is to bring in really talented people
to then help them figure out what should they be doing?
545
00:51:12,954 --> 00:51:15,646
What tools should they be procuring?
546
00:51:15,646 --> 00:51:17,618
Should they be looking at the MSO structure?
547
00:51:17,618 --> 00:51:22,211
So I think if I put Burford in the first category, it's what activities are they taking?
548
00:51:22,211 --> 00:51:23,442
They're looking at legal finance.
549
00:51:23,442 --> 00:51:24,783
They're looking at MSOs.
550
00:51:24,783 --> 00:51:25,973
They're looking at...
551
00:51:26,546 --> 00:51:36,875
distributed law firms, know, firms that are spinning out, people that are leaving firms to
set up their own law firms and setting them up in ways that don't resemble their legacy
552
00:51:36,875 --> 00:51:37,296
firm.
553
00:51:37,296 --> 00:51:39,938
And then the third is who are they bringing on?
554
00:51:40,038 --> 00:51:41,499
That to me is always telling.
555
00:51:41,499 --> 00:51:44,202
Who are they hiring to help them with it?
556
00:51:44,202 --> 00:51:46,204
That's going to be a leading indicator.
557
00:51:46,204 --> 00:51:53,430
As opposed to repurposing someone who isn't an agent of change, I think you can kind of
look out and say,
558
00:51:53,430 --> 00:52:00,770
Okay, these firms are serious when they bring on certain types of people, particularly
when they bring them on and then you see them out in the market, what they're doing.
559
00:52:00,770 --> 00:52:02,379
think that's a good leading indicator.
560
00:52:02,379 --> 00:52:03,770
Yeah, I completely agree.
561
00:52:03,770 --> 00:52:04,801
Yeah.
562
00:52:04,801 --> 00:52:12,845
The hiring is really the most visible leading indicator, but uh you named some good ones
there as well.
563
00:52:12,845 --> 00:52:16,497
Um, well, I really appreciate you taking some time.
564
00:52:16,497 --> 00:52:17,808
This has been a great conversation.
565
00:52:17,808 --> 00:52:20,170
Our last conversation was awesome as well.
566
00:52:20,170 --> 00:52:24,212
How do people find out more about the work that you're doing?
567
00:52:24,339 --> 00:52:29,435
Um, you know, as David Perla and also at Burford capital.
568
00:52:30,154 --> 00:52:33,457
Well, at Burford Capital and David Pearl are the same.
569
00:52:33,457 --> 00:52:38,481
You can go to our website, which is burfordcapital.com.
570
00:52:38,481 --> 00:52:50,271
And we have an extensive amount of material about who we are, what we do in our core
litigation finance business, an extensive amount of material about the topic we discussed
571
00:52:50,271 --> 00:52:55,645
today, law firm equity, MSOs, capital structures, innovation.
572
00:52:55,645 --> 00:52:59,350
And we have plenty on technology, things that are.
573
00:52:59,350 --> 00:53:04,333
uh adjacent to our core business, but that we believe are going to transform the business.
574
00:53:04,333 --> 00:53:11,977
And in that vein, Ted, should say congratulations on the Forbes 100, uh which was really
cool.
575
00:53:11,977 --> 00:53:21,129
I be reading yesterday and to see InfoDash pop up uh as a rising star, knowing I was
coming on here was really a treat for me.
576
00:53:21,129 --> 00:53:21,890
Yeah, awesome.
577
00:53:21,890 --> 00:53:22,840
I really appreciate that.
578
00:53:22,840 --> 00:53:23,981
We were blown away.
579
00:53:23,981 --> 00:53:30,666
ah The amount of investor attention we have gotten has been uh mind blowing.
580
00:53:30,666 --> 00:53:33,888
And it's not because we're selling intranets and extranets.
581
00:53:33,889 --> 00:53:47,359
It's because we have this integration layer that sits within the law firm that has
tentacles into all those back office systems that lights up AI capabilities like
582
00:53:47,359 --> 00:53:53,081
that Microsoft exposes like Azure AI search, Azure open AI, power automate power apps.
583
00:53:53,081 --> 00:54:05,964
I think investors are looking at that because that that's a joint list with fortune and
Bessemer venture partners who you know well, you know, very um prestigious uh venture fund
584
00:54:05,964 --> 00:54:06,964
in the Valley.
585
00:54:06,964 --> 00:54:07,274
Yeah.
586
00:54:07,274 --> 00:54:11,276
And I'm going to, uh I'm going to Menlo Park to the award ceremony.
587
00:54:11,276 --> 00:54:13,046
Get to see Jensen Wang, man.
588
00:54:13,046 --> 00:54:16,967
And some of these CEOs, I'm, I'm so humbled by that.
589
00:54:17,759 --> 00:54:19,321
It really is inspiring.
590
00:54:19,321 --> 00:54:23,004
um I'm jealous, um really jealous.
591
00:54:23,004 --> 00:54:25,677
So look forward to reading about it after.
592
00:54:25,677 --> 00:54:28,556
Great, thanks so much.
593
00:54:28,556 --> 00:54:34,146
Yeah, thanks for coming on and I'm sure we'll bump into each other in person real soon.
594
00:54:35,210 --> 00:54:35,640
All right.
595
00:54:35,640 --> 00:54:36,791
Thanks, David. -->
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